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HomeMy WebLinkAbout18- Finance ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Barbara Pachon, Director of Subject: Resolution authorizing the Finance execution of Agreements and Purchase Orders, for Photocopier equipment, Dept: Finance supplies and maintenance with Advanced Copy Systems, Canon, Date: 03/29/10 Cook/Arthur, Ikon, Konica-Minolta, MWB Business Systems, Ricoh Business Systems, Toshiba and Xerox. M/CC Meeting Date: 04/19/10 Synopsis of Previous Council Action: Resolution 2006-307 approved 09/07/06 Recommended Motion: Adopt Resolution &ZO, ignature Contact person: R ra hara Pachon, Director of Finance Phone- 5242 Supporting data attached: Staff Report Ward: FUNDING REQUIREMENTS: Amount: Source: Various FY 2010-11 Departmental Budgets Finance: Council Notes: Agenda Item No. ba 11' 141` 10 STAFF REPORT SUBJECT Resolution authorizing agreements for the provision of photocopier equipment, supplies and maintenance with the following vendors: Advanced Copy Systems; Canon Business Solutions; Cook/Arthur Inc, Ikon Office Solutions; Konica-Minolta Business Solutions; MWB business Systems; Ricoh Business Systems; Toshiba Business Solutions; and Xerox Corporation. BACKGROUND Previously, the City owned and operated approximately 50 copiers within all City departments. The majority of these copiers were purchased in 2000, with a life expectancy of five (5) years. With the goal of getting the best price for the City by consolidating citywide copier costs, but still offering flexibility at the department level, the Finance Department researched various copier programs available. Because both technology and departmental needs are continually changing, a rental program instead of a purchase program was recommended to better meet the City's needs. Rental programs allow departments flexibility to change equipment as needed. Maintenance issues and supply purchases are simplified because they are included in the rental agreement. Another plus with rental programs is that there is no obsolete equipment for the City to remove and surplus. In 2006, the County of San Bernardino issued RFP G47 for a copier rental program and awarded agreements to seven (7) vendors. In accordance with Section 3.04.010B(2) of the City of San Bernardino's Municipal Code, the City approved Resolution 2006-307, dated September 7, 2006, and entered into cooperative agreements with Advanced Copy Systems; Canon Business Solutions; Burtronics; Ikon Office Solutions; Konica-Minolta Business Solutions; MWB Business Systems; Ricoh Business Systems; Toshiba Business Solutions; and Xerox Corporation. Recently, the County of San Bernardino went out to bid and issued an RFP (Request for Proposal) K-52 for a copier rental program and awarded agreements to (9) vendors. In accordance with Section 3.04.010B(2) of the City of San Bernardino's Municipal Code, the Finance Department is recommending that the City also award contracts based upon the County's RFP. Request for Proposal Process and Contract Award On February 9", 2009, the County of San Bernardino's Purchasing Department issued a Request for Proposal (RFP K52) for Copiers and Facsimile Machines. The RFP was posted on the County's website and notices were mailed to twenty-nine (29) vendors, with twenty(20) vendors attending the mandatory pre-proposal conference. The County received thirteen (13) responses with three (3) responses deemed to be non-responsive. In addition one response was submitted late. Unlike the previous RFP, Burtronics of San Bernardino did not submit a proposal. An evaluation committee comprised of County representatives from various departments evaluated all responses. The committee evaluated and considered such factors as product quality, ability, quality of service, pricing, qualifications and experience, value added services, level of maintenance, and product enhancements. On April 28, 2009 the County recommended the 1 i vendors referenced below, including three (3) local vendors within the City of San Bernardino, to provide photocopier equipment, supplies and maintenance to County departments: Advanced Copy Systems (San Bernardino)—Sharp Copiers Canon Business Solutions West(Rancho Cucamonga)— Canon Copiers Cook/Arthur Inc (Upland)—Muratec &Panasonic Fax Machines Ikon Office Solutions (Redlands)—Ricoh Copiers Konica-Minolta Business Solutions, Inc. (San Bernardino)Konica-Minolta Copiers MWB (Ontario)—Xerox Copiers Ricoh Business Systems (Ontario) -Ricoh Copiers Toshiba America Business Solutions, Inc (Rancho Cucamonga)—Toshiba Copiers Xerox Corporation(San Bernardino)—Xerox Copiers Bidders were invited to quote three (3) year rental and five (5) year lease pricing on various models, categorized by copies per month output capacity. For bid comparison purposes rental prices were determined by multiplying the rental amount by thirty-six (36) months, excluding per copy overage charges. Maintenance and supplies (excluding paper and staples) are included in the rental cost. The term of each agreement is for a period of three years, (with the option of two one-year extensions) on a month to month basis, and includes the right to terminate for non-performance with 30 days notice, or for any reason with 60 days notice. Rental agreements permit mid-term equipment upgrades with the same vendor without penalty. All rental agreements that extend over any fiscal year will contain a clause that the agreement can be cancelled at any time if funds have not been appropriated for the new fiscal year, and will not include any early termination penalties. At the end of the rental agreement the City will not own the equipment, therefore eliminating the need for proper environmental disposal or surplus. The agreement also includes unlimited service calls, parts, labor, drums and consumable supplies, excluding paper and staples. Older copy machines usually suffer from worn parts and components, requiring frequent service calls, parts replacement, outdated technology, and higher repair costs. The resale and trade-in value is categorized as minimal. Departments will be given the opportunity to use any of the above-recommended vendors to select their equipment. However, their first priority will be with local city vendors. This recommendation will allow City departments to choose from a complete selection of brands, models, and types of equipment. The availability of multiple vendors, copier models and new technology provides maximum flexibility, which will improve efficiency without restricting the needs of the departments. The additional record keeping of ordering and storing supplies for seven vendors is eliminated with rental agreements. Each Department Head and/or their designee will be provided with complete instructions in selecting their units and any optional equipment from the pre-approved list of models. FINANCIAL IMPACT Departments will include funds in their FY 2010-2011 budgets for their copier usage costs. RECOMMENDATION 1. Adopt Resolution. 1 RESOLUTION NO. —Copy 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S 3 BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS ANI PURCHASE ORDERS FOR THE PROVISION OF PHOTOCOPIER EQUIPMENT 4 SUPPLIES AND MAINTENANCE WITH THE FOLLOWING VENDORS: ADVANCE 5 COPY SYSTEMS; CANON BUSINESS SOLUTIONS; COOK ARTHUR INC; IKO OFFICE SOLUTIONS; KONICA-MINOLTA BUSINESS SOLUTIONS; MW 6 BUSINESS SYSTEMS; RICOH BUSINESS SYSTEMS; TOSHIBA BUSINESISS SOLUTIONS AND XEROX CORPORATION. 7 8 WHEREAS, CITY has need for Photocopier Equipment, Supplies, Maintenance an 9 service, and, 10 WHEREAS, the CITY'S Purchasing Code allows purchases from a vendor o 11 manufacturer which, through bidding Sh the Cit 'y g procedure, or other California government o 12 governmental agency's bidding procedure has established a price at which such a vendor o 13 manufacturer is willing to sell to the City. C 14 15 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 16 SAN BERNARDINO AS FOLLOWS: 17 SECTION 1. Advanced Copy Systems; Canon Business Solutions; Cook/Arthur Inc.; 18 19 Ikon Office Solutions; Konica-Minolta Business Solutions; MWB Business Systems;Ricoh 20 Business Systems; Toshiba Business Solutions, and Xerox Corporation were the most responsive 21 bidders for the copier replacement program bid, awarded by the County of San Bernardino 22 (RFQ-K-52) on April 28, 2009. Copy of said RFQ, County staff report and bid analysis are 23 attached to this resolution and incorporated herein as Exhibit"A". Under the terms of this 24 25 purchase,the City Manager is hereby authorized to execute Master Rental Agreements, attached 26 and incorporated herein as Exhibits `B-1 through B-9", and the Finance Department is hereby C27 authorized and directed to issue annual Purchase Orders for three(3) years for FY 2010-11 28 through FY 2012-13,with an option of two one-year extensions (FY 2013-14 and FY 2014-15) to the nine(9) above mentioned vendors. n I-bh* o � RESOLUTION NO. 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS AN 3 PURCHASE ORDERS FOR THE PROVISION OF PHOTOCOPIER EQUIPMENT 4 SUPPLIES AND MAINTENANCE WITH THE FOLLOWING VENDORS: ADVANCE COPY SYSTEMS; CANON BUSINESS SOLUTIONS; COOK ARTHUR INC; IKO 5 OFFICE SOLUTIONS; KONICA-MINOLTA BUSINESS SOLUTIONS; MW BUSINESS SYSTEMS; RICOH BUSINESS SYSTEMS; TOSHIBA BUSINES 6 SOLUTIONS AND XEROX CORPORATION. 7 8 SECTION 2. This contract and any amendment or modification thereto shall not take 9 effect or become operative until fully signed and executed by the parties and no party shall be 10 obligated hereunder until the time of such execution. No oral agreements, amendments, n lz modifications or waivers are intended or authorized and shall not be implied from any other 13 course of conduct of any party. 14 SECTION 3. The authorization to execute the above-referenced Agreements and 15 Purchase Orders are rescinded if not issued within ninety(90) days of the passage of this s 16 17 resolution. ' 18 1 19 a 20 21 i 22 23 24 25 26 027 28 C t 2 RESOLUTION NO. 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAIS 4 BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS AN 5 PURCHASE ORDERS FOR THE PROVISION OF PHOTOCOPIER EQUIPMENT SUPPLIES AND MAINTENANCE WITH THE FOLLOWING VENDORS: ADVANCE 6 COPY SYSTEMS; CANON BUSINESS SOLUTIONS; COOK ARTHUR INC; IKO OFFICE SOLUTIONS; KONICA-MINOLTA BUSINESS SOLUTIONS; MWB 7 BUSINESS SYSTEMS; RICOH BUSINESS SYSTEMS; TOSHIBA BUSINES s SOLUTIONS AND XEROX CORPORATION. 9 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 10 Common Council of the City of San Bernardino at a meeting thereof, I 1 held on the day of , 2010, by the following vote,to wit: 12 13 Council Members: AYES NAYS ABSTAIN ABSENT to MARQUEZ DEJARDINS 15 BRINKER 16 SHORETT 17 KELLY 18 JOHNSON 19 McCAMMACK 20 21 City Clerk 22 23 The foregoing resolution is hereby approved this day of 2010. 24 25 Patrick J. Morris, Mayor City of San Bernardino 26 roved as to form: 027 28 James F. Penman, City Attorney EXHIBIT A �xhibrt � BOARD OF SUPERVISORS Page lofl3 AGENDA FOR THE ® SAN BERNARDINO COUNTY BOARD OF SUPERVISORS MEETING Tuesday, April 28, 2009 GARY C. OVITT tiw;; JOSIE GONZALES CHAIRMAN VICE-CHAIR Fourth District Supervisor , Fifth District Supervisor BRAD MITZELFELT PAUL BIANE NEIL DERRY First District Supervisor Second District Supervisor Third District Supervisor County Administrative Officer County Counsel Clerk of the Board Mark H. Uffer Ruth E. Stringer Dena M. Smith This is a consolidated agenda for the scheduled meeting of the San Bernardino County Board of Supervisors, also sitting as the Governing Board of the following: County Redevelopment Agency; County Industrial Development Authority; Economic and Community Development Corporation; In-Home Supportive Services Public Authority; Inland Counties Emergency Medical Agency; County Flood Control District; Board Governed County Service Areas; Inland Empire Public Facilities Corporation; San Bernardino County Financing Authority; San Bernardino County Fire Protection District; Big Bear Valley and Bloomington Recreation and Park Districts; Crestline Sanitation District. This agenda contains a brief description of each item of business to be considered at today's meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting on the official Board of S rvisors Bulletin Board outside of the County Government Center, 385 North Arrowhead Avenue, San Bernardino, CA. The agenda, its supporting documents and all writings received by the Board related to these items are public records and available for review during regular business hours at the Clerk of the Board of Supervisors office on the 2nd floor of the County Government Center. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http•//www.sbcounty.gov/cob. However, the online agenda may not include all available supporting documents nor the most current version of documents. Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Board directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business on the Discussion Calendar (entitled "Action on Consent Calendar"). If the Board directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed under "Deferred Items," the second item listed on the Discussion Calendar. In accordance with the Rules Applicable to Board of Supervisors Meetings (County Code Section 12.0101), members of the public may address the Board on any item on the agenda and on any matter that is within the Board's jurisdiction. To address the Board regarding an item that is on the agenda, complete and submit the yellow form entitled "Calendared Item-Request tc Speak." To address the Board regarding an item that is within their jurisdiction, but not on today's agenda, complete anc submit the white "Public Comment — Request to Speak" form. The Chairman will call speakers forward to present their comments at the appropriate time. When called, approach the podium and please state your name before giving yow presentation. Speakers may address the Board for up to three (3) minutes total on the consent calendar, up to three (3', minutes on each discussion item, and up to three (3) minutes total on Public Comment, not to exceed a total of twelve (12 minutes for the meeting, unless it is determined that a different limit is appropriate. Speakers are to address the Board as whole through the Chair. Comments to individual Supervisors and/or staff are not permitted. PLEA N , FNCE CELL PHONES, PAGERS AND OTHER ELECTRONIC C4 UCA TION DE VICES UPON ENTERING THE CHAMBERS BOARD OF SUPERVISORS Page 2 of 13 Except where noted, all scheduled items will be heard in the Covington Chambers of the Board of Supervisors, County rnment Center, 385 North Arrowhead Avenue, First Floor, San Bernardino, California. 9.00 A.M.- CONVENE MEETING OF THE BOARD OF SUPERVISORS - Magda Lawson Room Fifth Floor County Government Center CLOSED SESSION BOARD OF SUPERVISORS Conference with Legal Counsel — Initiation of Litigation (Government Code section 54956.9(c)): 1. One case. Conference with Legal Counsel —Significant Exposure to Litigation (Government Code section 54956.9(b)): 2.One case. Conference with Labor Negotiator(Government Code section 54956.6: 3.Agency Negotiator: Bob Windle Employee organization: Safety Employees' Benefit Association (Specialized Peace Officer Unit and Specialized Peace Officer— Supervisory Unit) 4. Agency Negotiator: Bob Windle Employee organization: San Bernardino County Probation Officers'Association (Probation Unit) 5.Agency Negotiator: Bob Windle Name of employee organization: San Bernardino Public Employees Association (All Units) 6.Agency Negotiator: Bob Windle Employee organization: Safety Employees' Benefit Association (Safety Unit and Safety Management and Supervisory Unit) Cgency Negotiator: Bob Windle ployee organization: San Bernardino County Public Attorneys Association (Attorney Unit) 8.Agency Negotiator: Bob Windle Employee organization: California Nurses Association (Nurses Unit and Per Diem Nurses Unit) 9.Agency Negotiator: Mark Uffer Employee organization: Exempt Group PUBLIC SESSION 10.00 A.M. — RECONVENE MEETING OF THE BOARD OF SUPERVISORS — Covington Chambers, First Floor. County Government Center Invocation and Pledge of Allegiance - Fourth District Presentation of the Agenda Memorial Adjournments • First District- Supervisor Brad Mitzelfelt • Second District- Supervisor Paul Biane • Third District- Supervisor Neil Derry CFourth District - Chairman Gary Ovitt • Fifth District-Vice-Chair Josie Gonzales { BOARD OF SUPERVISORS Page 3 of 13 Reports from County Counsel and County Administrative Officer aj cial Presentations. Resolutions and Certificates of Recognition: • Employe Suggestion Awards (Board of Supervisors) Sarah Quinonez Office Assistant IV Probation Department Robert Durrough Sergeant Sheriffs Department • Resolutions: Proclaiming May 1 2009 as Law Day (Board of Supervisors) Resolution Proclaiming May 3—9 2009 as National Arson Awareness Week (Board of Supervisors) Resolution recognizing Kathleen Rollings-McDonald (Supervisor Mitzelfelt) Recognizing Dr. LaVon Nolan (Supervisor Der CONSENT CALENDAR BOARD OF SUPERVISORS 1) Adoption of Resolutions and Certificates of Recognition: Board of Supervisors Adopt and present resolution recognizing Dr. LaVon Nolan upon her retirement after 30 years of dedicated service to the County of San Bernardino. Adopt and present resolution proclaiming May 1, 2009, as Law Day in the County of San Bernardino. Adopt and present resolution proclaiming May 3 — 9, 2009, as Arson Awareness week in the County of San Bernardino. Adopt resolution recognizing Darryl L. Thompson, Supervising District Attorney Investigator, upon his retirement after more than fourteen years of service to the County of San Bernardino. First District Adopt resolution recognizing Skyline North Elementary School for receiving the Exemplary Reading Program Award from the International Reading Association. Adopt resolution promoting May 3 — 9, 2009, as San Bernardino County Wildfire Awareness Week in conjunction with Inland Empire Fire Safe Alliance and Wrightwood Fire Safe Council. First and Third Districts Adopt resolution commending and congratulating Copper Mountain College upon their 25th anniversary. 2) Appointments, reappointments and vacancies to Boards, Commissions and Committees: a. Approve the appointment of Audrey Mathews to the Workforce Investment Board (Seat 18) Fifth District. 3) 1. Direct the Clerk of the Board to post a notice of vacancy on April 28, 2009 for one position on the Board of Directors for the Mojave Desert Resource Conservation District. 2. Set a date of Tuesday, May 12, 2009 at 5:00 PM as the last day to submit applications for this position of Director. (Affected District: First) (Presenter: Dena M. Smith, Clerk of the Board, 387-3848) 4) 1. Find that pursuant to the provisions of Public Resources Code Section 9314(b)(1), the Mojave Desert Resource Conservation District Board of Directors, by resolution, has requested that the Board of Supervisors appoint directors to its District Board as an alternative to the election of BOARD OF SUPERVISORS Page 4 of 13 said directors. �'' 2. Approve the appointment of Paul Johnson, in lieu of election, to the vacant position of director for i Cr the Mojave Desert Resource Conservation District. (Affected District: First) (Presenter: Dena M. Smith, Clerk of the Board, 387-3848) CLERK OF THE BOARD 5) Refer to County Counsel for investigation and report the following claims for refund of tax payment 1. Christina Robles 2. Kenneth Swang 3. Jon Dessel 4. DanielOroaco 5. Robert MacDonald (Affected Districts: First, Third, Fourth, Fifth) (Presenter: Dena M. Smith, Clerk of the Board of Supervisors, 387-3848) 6) Refer to County Counsel the following summons: United States District Court Central District of California Summons CV09-2597 RGK (CTx) entitled United States of American vs. County of San Bernardino et al. (Affected Districts: All) (Presenter: Dena M Smith Clerk of the Board of Supervisors, 387-3848) 7) Accept the recommendations of various departments and approve a hotel/motel business license for Amrutbhai M Patel and Purushottam B Patel (partnership) dba Skandia Sky Motel (Community: QOntario). (Affected District: Fourth) (Presenter: Dena M Smith Clerk of the Board of Supervisors. 387-3848) PUBLIC AND SUPPORT SERVICES GROUP (PSSG) Airports 8) 1. Find that the bid of$164,716.50 received from Bond Blacktop. Inc. of Union City, is non- respons ve-and reject bid. 2. Award a construction contract in the amount of$231,570 to Cooley Construction, Inc. of Hesperia for the fog seal of airfield pavements at Barstow/Daggett, Needles and Twentynine Palms Airports. 3. Authorize the Director of Architecture and Engineering Department to order any necessary changes or additions in the work being performed under the contract for a total amount not to exceed $23,157 pursuant to Public Contract Code Section 20142. 4. Authorize the Director of the Architecture and Engineering Department to accept the work when 100% complete and execute and file the Notice of Completion. (Affected Districts: First) (Presenter: Mike Williams, Director, 387-7802) 9) 1. Award a construction contract in the amount of$122,545 to Cooley Construction, Inc. of Hesperia for the Fog Seal of Airfield Pavements at the Apple Valley Airport 2. Authorize the Director of Architecture and Engineering Department to order any necessary Cchanges or additions in the work being performed under the contract for a total amount not to exceed $12,254 pursuant to Public Contract Code Section 20142. 3. Authorize the Director of Architecture and Engineering to accept the work when 100% complete and execute and file the Notice of Completion. BOARD OF SUPERVISORS Page 5 of 13 (Affected Districts: First) n (Presenter: Mike Williams, Director, 387-7802) v Architecture and Engineering 10) 1. Approve the County Government Center Service Elevator Modernization and Cab Upgrade Proiect. 2. Authorize the Auditor/Controller-Recorder to adjust appropriation within the Capital Improvement Program, as detailed in the Financial Impact section, transferring $133,000 from the general funded Capital Improvement Program Residual Account to establish the budget for the County Government Center Service Elevator Modernization and Cab Upgrade Project (Four votes required). 3. Award a construction contract in the amount of$113,330 to Fujitec America, Inc. for the County Government Center Service Elevator Modernization and Cab Upgrade Project. 4. Authorize the Director of Architecture and Engineering Department to order any necessary changes or additions in the work being performed under the contract for a total amount not to exceed $11,333 pursuant to Public Contract Code Section 20142. 5. Authorize the Director of Architecture and Engineering to accept the work when 100% complete and execute and file the Notice of Completion. (Affected Districts: Fifth) (Presenter: Carl Alban, Director, 387-5025) 11) 1. Award a construction contract in the amount of$105,000 to Torga Electric of San Bernardino, for the Civic Center Building Parking Security Lighting Project. 2. Authorize the Director of Architecture and Engineering Department to order any necessary changes or additions in the work being performed under the contract for a total amount not to exceed $10,500 pursuant to Public Contract Code Section 20142. 3. Authorize the Director of Architecture and Engineering to accept the work when 100% complete and execute and file the Notice of Completion. (Affected Districts: Fifth) (Presenter: Carl Alban, Director, 387-5025) Land Use Services 12) 1. Approve grant application to the California State Parks Off-Highway Motor Vehicle Recreation Division in the amount of$99,500 to purchase equipment to be used in Off-Highway Vehicle code enforcement. 2. Adopt a Resolution authorizing submission of a grant application to the State of California Department of Parks and Recreation for equipment, to be used in countywide illegal Off-Highway Vehicle code enforcement in the amount of$99,500; and authorize the Director of Land Use Services Department or designee to sign the grant application and any agreements related to the execution of the grant. (Affected Districts: All) (Presenter: Randy Rogers, Deputy Director, 387-9050) Public Works - Land Development and Construction 13) Reduce the 'road and drainage" performance security in the amount of$1,894,000 (Surety)to a "road and drainage" maintenance security in the amount of$473.500 (Surety), respectively, for Parcel Map © 14742 located in the Redlands area. (Affected Districts: Third) (Presenter: Annesley Ignatius. Deputy Director. 387-7913) BOARD OF SUPERVISORS Page 6 of 13 14) 1. Award a contract to IPS Inc in the amount of$47,584 for the 48th Street Sidewalk project in the Arrowhead Suburban Farms area. © 2. Authorize the Deputy Director of Public Works to execute changes in the contract should they become necessary in the future for a total amount not to exceed $5,000. 3. Authorize the Deputy Director of Public Works to execute the Notice of Completion after acceptance of the work. (Affected Districts: Fifth) (Presenter: Annesley Ignatius, Deputy Director, 387-7913) Public Works - Solid Waste Management 15) 1 Approve the Article 19 Waste Disposal Fee of$26 41/ton and the Article 20 Waste Disposal Fee of $27 06/ton to be effective July 1, 2009. 2. Approve the Comprehensive Disposal Site Diversion Program's (CDSDP) Diverted Ton Rate of $31.50 effective April 1, 2009 through June 30, 2010. 3. Approve Amendment No. 27 to Contract No. 01-237 with Burrtec Waste Industries, Inc., revise Table 1 and to amend the following sections: Section 4.2(d)(ii) for the high volume landfill sites Airspace Utilization Density Compensation; Section 5.4 relating to adjustments for "Extra Work"; Sections 19.2 and 20.2 for the amount of Article 19 and Article 20 Solid Waste to be delivered; Sections 19.3 and 20.3 regarding the facility to be utilized for delivery of Article 19 and Article 20 Solid Wastes; and Section 5.8 regarding the Comprehensive Disposal Site Diversion Program's Diverted Ton Rate. (Affected Districts: All) (Presenter: Peter H. Wulfman, Division Manager, 386-8703) Public Works -Transportation Approve agreement with the California Department of Transportation (Caltrans) to exchange the remaining$1,094,369 of the County's FY 2008/09 apportionment of Federal Regional Surface Transportation Program (RSTP)funds for State Highway Account funds and claim $100,000 in FY 2008109 State Match funds for use in financing County transportation projects. (Affected Districts: All) (Presenter: Mazin Kasey. Deputy Director. 387-7916) 17) Approve agreement with Trona Community Senior Center Operations Inc., to provide transit services for the elderly and disabled citizens in the Trona/Searles Valley area from July 1. 2009 through June 30. 2012. (Affected District: First) (Presenter: Mazin Kasev Deputy Director, 387-7916) 18) Approve agreement with Bonnie Baker Senior Citizens Club. Inc (BBSCC) to provide transit services for the elderly and disabled citizens in the Big River area from July 1 2009 through June 30, 2012, (Affected District: First) (Presenter: Mazin Kasey Deputy Director, 387-7916) 19) Receive the Fiscal Year 2009-10 Mountain Area Regional Transportation Authority (MARTA) proposed Operating and Capital budgets in the amounts of$2,561,781 and $6,996, respectively, for review and comment as required by the MARTA Joint Powers Agreement between the County of San Bernardino and the City of Big Bear Lake. (Affected Districts: Second, Third) ® (Presenter: Mazin Kasey, Deputy Director, 387-7916) 20) CONTINUED FROM TUESDAY APRIL 21 2009 Item #28 - Declare the following equipment as surplus and no longer necessary to the needs of the Department of Public Works: BOARD OF SUPERVISORS Page 7 of 13 1. Equipment No. 49001, a 1986 Caterpillar Loader IT2 (VIN#2KG01208)with an estimated value of$11,000. ® 2. Equipment No. 49032, a 1980 Caterpillar Loader 953 (VIN#81J13722)with an estimated value of$15,000. 3. Equipment No. 49005, a 1980 Caterpillar Loader 950 (VIN# 81J13726)with an estimated value of$15,000. 4. Equipment No. 49003, a 1991 Case Loader 621 (VIN#JAK0027064)with an estimated value of $12,000. 5. Equipment No. 49024, a 1970 Caterpillar Loader (VIN#62K1532)with an estimated value of $12,000. 6. Equipment No. 49034, a 1994 Caterpillar Loader(VIN# 8AJ01563)with an estimated value of $20,000. 7. Equipment No. 49035, a 1994 Caterpillar Loader 936 (VIN#98AJ01711)with an estimated value of$20,000. (Affected Districts: All) (Presenter: Mazin Kasey, Deputy Director, 387-7916) Real Estate Services 21) Approve a one-day Use Permit with the Option House Inc for use of a portion of the County-owned parking lot at the County Government Center in San Bernardino for the Option House Intervention and Prevention Services Agency Sixth Annual WaV Out On Family Violence Walk-a-thon on May 2. 2009 at no cost. (Affected Districts: Fifth) (Presenter David H Slaughter Director, 387-7813) ONOMIC DEVELOPMENT AGENCY Community Development and Housing 22) Approve contract with the Johnson Valley Improvement Association Inc. (JVIA) in an amount of $34,200 for the facility improvements to the Johnson Valley Senior Community Center, and for JVIA to maintain and operate the improved facility for 15 years. (Affected District: Third) (Presenter: Mitch Slagerman Director, 388-0808) Workforce Development 23) 1. Approve the purchase of unbudgeted fixed assets in the amount of$29,998 for three Local Area Network data switches for the new Employment Resource Center facility in the East Valley region of the County. 2. Authorize the Auditor/Controller-Recorder to transfer appropriation authority within the Department of Workforce Development's approved budget for Fiscal Year 2008-09 in the amount of$29,998 as detailed under the Financial Impact section (Four votes required). (Affected Districts: Third and Fifth) (Presenter: Sandra Harmsen, Director, 387-9862) 24) 1. Accept American Recovery and Reinvestment Act/Workforce Investment Act formula funds in the amount of$15,838,299 for the period of February 17 2009 through June 30 2010 2. Approve contracts in the amount of$5,797,251 for the period of May 1, 2009 through October 31, 2009 to provide Summer Youth Employment Programs for eligible youth as detailed under the Background Information section. 3. Authorize the Auditor/Controller-Recorder to increase appropriation and revenue within the Department of Workforce Development's approved budget for Fiscal Year 2008-09 in the amount BOARD OF SUPERVISORS Page 8 of 13 of$4,500,000 as detailed under the Financial Impact section (Four votes required). (Affected Districts: All) (Presenter: Sandra Harmsen, Director, 387-9862) HUMAN SERVICES GROUP Human Services Administration 25) 1. Authorize the Auditor/Controller-Recorder to increase appropriation and revenue within the Human Services FY 2008-09 Public Assistance Final Budget in the amount of$22.778.723 as detailed in the Financial Impact Section to allow Human Services to continue making mandated assistance payments for the remainder of the fiscal year. (Four votes required) 2. Authorize the Auditor/Controller-Recorder to transfer$625,000 of appropriation within the Human Services FY 2008-09 Public Assistance Final Budget as detailed in the Financial Impact section (Four votes required). (Affected Districts: All) (Presenter: Linda Haugan, Assistant County Administrator, 387-4717) Aging and Adult Services 26) Approve the San Bernardino County Area Agency on Aging's (Planning and Service Area 20) 2009- 2012 Area Plan and authorize submission to the California Department of Aging as required under Section 306 of the Older Americans Act. (Affected Districts: All) (Presenter: Colleen Krygier. Director. 891-3917) ^W AND JUSTICE GROUP Nor Probation 27) 1. Find it in the best interest of the County to contract with the County_of Solano, for the benefit of Solano County Probation-Fouts Springs Youth Facility, as a provider of juvenile treatment services with specialized expertise, in order to facilitate court-ordered placements. 2. Approve contract with the County of Solano, for the benefit of Solano County Probation-Fouts Springs Youth Facility, to provide juvenile treatment services, in the amount not to exceed $782,000, from July 1, 2009 through June 30, 2010. (Affected Districts: All) (Presenter: Rick Arden, Deputy Chief Probation Officer, 387-5855) Sheriff-Coroner 28) 1. Approve contract template "In-Kind Use Agreement" for use of range, live fire house, and Emergency Vehicle Operation Center to provide use to Agencies/ Instructors for specialized training classes. 2. Approve the use of Sheriffs training facilities at no charge to agencies/instructors, in exchange for providing student spaces for San Bernardino County Sheriffs Department personnel free of charge. 3. Authorize Sheriff or his designee to sign individual agreements, as required. (Affected Districts: All) (Presenter: Dennis J. Casey, Captain, 387-3637) 9) 1. Approve grant application to the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, State and Local Law Enforcement Assistance Program: Combating BOARD OF SUPERVISORS Page 9 of 13 Criminal Narcotic Activity Stemming from the Southern Border of the United States, in the amount of$6,354,085, for a two-year period. 2. Ratify action by the Chairman of the Board of Supervisors, approving the grant application and authorizing the Sheriff-Coroner to electronically submit the application that was due on April 17, 2009. (Affected Districts: All) (Presenter: Mario Quesada, Captain, 890-4900) COUNTY ADMINISTRATIVE OFFICE County Administrative Office 30) Authorize the County Compliance and Ethics Specialist to act as the designated County Health Insurance Portability and Accountability Act Privacy Official in the absence of the Chief Compliance and Ethics Officer. (Affected Districts: AII) (Presenter: Dean Arabatzis Assistant County Administrative Officer, 387-5412) Arrowhead Regional Medical Center 31) Approve Amendment No 1 to Agreement No Q7-320 with the Department of Mental Health — Patton State Hospital increasing the contract amount by $2,500,000 from 53,400,000 to an amount not to exceed $5,900,000, for the period of July 1 2007 through June 30 2009 for the provision of medical care to Patton patients. (Affected Districts: All) © (Presenter: Patrick Petre Director, 580-6150) SL) 1. Approve Amendment No 1 to Agreement No 03-421 with Midwestern University Glendale Campus to include students enrolled in College of Pharmacy and College of Health Sciences programs to obtain clinical experience at Arrowhead Regional Medical Center. 2. Approve Amendment No. 1 to Agreement No. 03-1168 with Midwestern University Glendale Chicago College of Osteopathic Medicine to include students enrolled in College of Pharmacy and College of Health Sciences programs to obtain clinical experience at Arrowhead Regional Medical Center. (Affected Districts: All) (Presenter: Patrick Petre, Director, 580-6150) Behavioral Health 33) Approve Amendment No 1 to Contract No 07-1083 with Telecare Corporation for continuation of Forensic Assertive Community Treatment Services to seriously and persistently mentally ill residents, extending the contract for an additional year for the period of July 1 2009 through June 30 2010, and increasing the total contract amount by $1,119,633 from $2 337,735 to $3,457.368. (Affected Districts: AII) (Presenter Allan Rawland Director, 382-3133) 34) Approve Memorandum of Understanding between the Department of Behavioral Health and California Institute for Mental Health to provide technical assistance and training services for an amount not to exceed $135,000 for the period July 1 2009 through June 30, 2010. (Affected Districts: All) Q (Presenter: Allan Rawland Director, 382-3133) Information Services �I BOARD OF SUPERVISORS Page 10 of 13 35) CONTINUED FROM TUESDAY APRIL 21, 2008, Item #53 -Approve list of qualified vendors for Information Technology Services. (Affected Districts: All) (Presenter: Stephen Hall, Chief Information Officer, 388-5501) Public Health 36) 1. Authorize the Auditor/Controller-Recorder to increase appropriation and revenue within the Department of Public Health's Fiscal Year 2008-09 budget to include carryover budget and other grant funds for the Preparedness and Response Program in the amount of$913,794 as detailed in the Financial Impact section (Four votes required). 2. Authorize the Auditor/Controller-Recorder to increase appropriation and revenue within the Department of Public Health's Fiscal Year 2008-09 Special Revenue Fund (RPL PHL), in the amount of$668,814 and transfer appropriation from Contingencies to Operating Transfers Out, in the amount of$244,980, as detailed in the Financial Impact section (Four votes required). 3. Authorize the purchase of unbudgeted fixed assets in the amount of$279,000 as detailed in the Financial Impact Section. (Affected Districts: All) (Presenter: Jim Lindley, Director, 387-9146) 37) Accept the Notice of Grant Award (Award No. IH8BCS12630-01-00)from the United States Department of Health and Human Services, Health Resources and Services Administration, in the amount of$118,997 for the eriod March 27. 2009 through March 26, 2011 for the Health Center Program under the American Recovery and Reinvestment Act. (Affected Districts: First) (Presenter: Jim Lindley, Director, 387-_9146) �rchasing 38) Approve Amendment No. 2 to Agreement No. 05-138 with Inland Presort and Mailing Services to provide additional barcode, presort and address forwarding services for Bulk Mail — Standard and First- Class Presort, with no change in contract amount, through the current period ending on February 28, 2010. (Affected Districts: All) (Presenter: Laurie Rozko, Interim Director, 387-2074) 39) Approve Agreements with the following vendors to provide photocopier and/or facsimile equipment on a purchase or monthly rental basis throughout the County, and to provide maintenance and service for the same equipment, at fixed prices based on current models, for the period May 1. 2009 through April 30, 2012: Advanced Copy Systems, Inc.: Canon Business Solutions, Inc.: Cook/Arthur Inc.: IKON Office Solutions, Inc.: Konica Minolta Business Solutions: MWB Business Systems; Ricoh Americas Corp.: Toshiba Business Solutions: and Xerox Corporation. (Affected Districts: All) (Presenter: Laurie Rozko, Interim Director, 387-2074) Risk Management 40) Approve Amendment#2 to Contract No. 07-259 with Valley Oak Systems, Inc. doing business as Aon eSolutions, in an amount not to exceed $60,750, increasing the total contract amount from $865,239 to $925,989 to provide software interface programming for the Accounts Payable Interface, to allow Risk Management to process payments on unencumbered contracts through the FAS system. (Affected Districts: All) (Presenter: Laurie Milhiser, Director. 386-8620) BOARD OF SUPERVISORS Page 11 of 13 41) Approve Request for Proposals (RFP) No. 009-003 for Workers' Compensation Utilization Management Program and authorize the Department of Risk Management (DRM)to release the RFP L (Affected Districts: All) (Presenter: Laurie Milhiser, Director, 386-8620) BOARD GOVERNED COUNTY SERVICE AREAS 42) Acting as the governing body for County Service Area 70 Improvement Zone J (Oak Hills): 1. Approve contract with D. Webb, Inc. of Yucca Valley , California in the amount of$38,764 for installing a concrete parking apron, sidewalk, underground electrical service, fencing and other site improvements for the district maintenance building in the Hesperia area. 2. Authorize changes and additions up to $5,000 for the project, pursuant to Section 20142 of the California Public Contract Code; and authorize the Director of the Special Districts Department or his designee to execute changes or additions to the work being performed in connection with the contract for a total amount not to exceed $5,000. 3. Authorize the Director of the Special Districts Department to file a Notice of Completion with the Auditor/Controller-Recorder, on behalf of the District, once all work is satisfactorily completed. 4. Direct the Auditor/Controller-Recorder to record the Notice of Completion. 5. Authorize the Auditor/Controller-Recorder to adjust Fiscal Year 2008-09 revenues and appropriations for the County Service Area 70, Improvement Zone J operating and Capital Improvement Project budgets to accommodate the site improvements, as detailed in the Financial Impact section (Four votes required). (Affected Districts: First) (Presenter: Jeffrey O. Rigney, Director, 387-5967) 43) CONTINUED FROM TUESDAY, APRIL 21, 2008 Item #56 - 1. Approve Appraisal No. 08-28 prepared by Thompson Appraisals, Inc. dated November 24, 2008, a copy of which is on file with the Real Estate Services Department. 2. Adopt Resolution declaring Special Districts, County Service Area 40 property (APN 0181-113- 03 & 04) located at 610 E. Main Street in the City of Barstow, consisting of a 0.43 acre parcel and a 4,320 square foot single-story commercial building, is no longer necessary and surplus to the needs of Special Districts, County Service Area 40. 3. Authorize the Real Estate Services Department to conduct a public auction as required by Sections 25526 and 25363 of the Government Code in accordance with terms and conditions described in the resolution in the event no public agency or authorized non-profit organization offers to purchase the property as set forth in Section 54222 of the Government Code (Four votes required). (Affected Districts: First) (Presenter: David H. Slaughter, Director, 387-7813) COUNTY FLOOD CONTROL DISTRICT 44) Approve a ten-year license agreement with the City of Fontana to install, operate and maintain an 8- inch sewer line on approximately 18,300 square feet of San Bernardino County Flood Control District land located parallel to the San Sevaine Channel, south of Victoria Street, in Fontana from April 17, 2007 through April 16, 2017 for total revenue in the amount of$29,295. (Affected Districts: Second) (Presenter: David H. Slaughter, Director, 387-7813 1. Find that waiver of the annual inspection fee for the three year term of the access permit to the San Bernardino County Sheriffs Department, granting access_onto Flood Control District right-of- way to conduct rescue training exercises at Seven Oaks Dam, would serve a flood control purpose. BOARD OF SUPERVISORS Page 12 of 13 2. Approve waiver of the $700 annual inspection fee for the three year term of the access permit to the San Bernardino County Sheriffs Department in accordance with Section 16.0231 of the ® County Code. (Affected Districts: Third) (Presenter: Kevin Blakeslee, Deputy Flood Control Engineer, 387-7918) 46) CONTINUED FROM TUESDAY APRIL 21 2008 Item #58 - Declare the following equipment as surplus and no longer necessary to the needs of the San Bernardino County Flood Control District: 1. Equipment No. 47000, a 1997 Caterpillar 320 BL Excavator(VIN#6CR01905)with an estimated value of$50,000. 2. Equipment No. 19503, a 2001 International Water Truck (VIN# 1 HTXGATTX1J012662)with an estimated value of$11,000. 3. Equipment No. 28038, a 2003 International Dump Truck (VIN# 1 HTWEAAN33J063817)with an estimated value of$11,000. (Affected Districts: All) (Presenter: Kevin Blakeslee, Deputy Flood Control Engineer, 387-7918) INLAND COUNTIES EMERGENCY MEDICAL AGENCY 47) Approve Memorandum of Understanding in the amount of$5 000 annually, effective July 1, 2009 with Saint Bemardine Medical Center for designation as a Cardiovascular ST Elevation Myocardial Infarction Receiving Center during the period May 1 2009 through June 30, 2010. (Affected Districts: ALL) (Presenter: Virginia Hastings Executive Director, 388-5823) 9) Rescind the special rate increase for ambulance Providers' mileage costs effective June 30 2009 and reinstate original reimbursement rate of$18.26 per mile. (Affected Districts: All) (Presenter: Virginia Hastings Executive Director, 388-5823) 49) Approve non-financial Memorandum of Understanding with Sierra Lifeflight. in Inyo County, to allow the placement of computer software for prehospital data management and syndromic surveillance. (Affected Districts: All) (Presenter: Virginia Hastings Executive Director, 388-5823) DISCUSSION CALENDAR BOARD OF SUPERVISORS 50) Action on Consent Calendar 51) Deferred Items COUNTY ADMINISTRATIVE OFFICE County Administrative Office 52) 1. Conduct public hearing and take testimony on the proposed Revenue Enhancement Zones (REZ)for the Cities of Fontana, Hesperia, and Rancho Cucamonga. 2. Adopt resolutions to conditionally approve establishment of proposed REZ for the Cities of Fontana, Hesperia, and Rancho Cucamonga. 3. Conditionally approve Agreement for REZ with the City of Fontana. 4. Conditionally approve Agreement for REZ with the City of Hesperia. BOARD OF SUPERVISORS Page 13 of 12 5. Conditionally approve Agreement for REZ with the City of Rancho Cucamonga. 6. Authorize the Auditor/Controller-Recorder to make the necessary adjustments for each City pursuant to Revenue and Taxation Code section 99.02(d) upon notice from that City that it has completed the State Board of Equalization (BOE)filing requirements pursuant to Policy 02-14- SP. (Affected Districts: First, Second and Fifth) (Presenter: Valerie Clay, Deputy Administrative Officer, 387-5410) HUMAN SERVICES GROUP Human Services Administration 53) Receive report from staff regarding the findings in the California State Association of Counties and California Welfare Directors Association report examining the impacts of the current economV on Human Services programs and the stimulus effect of human services spending at the state and local levels. (Affected Districts: All) (Presenter: Linda Haugan Assistant County Administrator, 387-4717) PUBLIC AND SUPPORT SERVICES GROUP PSSG Administration 54) Adopt amended resolution declaring that on July 28 2009 in accordance with Government Code Section 25515.2(ff) the County intends to receive proposals submitted to and reviewed by the City of Rancho Cucamonga regarding future entitlement of approximately 1,200 acres in the Rancho O Cucamonga area (Four votes required): direct the Clerk of the Board to publish the resolution in accordance with the provisions of Government Code Section 25515.2(8). (Affected Districts: Second) (Presenter: Gerry Newcombe, Deputy Administrative Officer, 387-9046) PUBLIC COMMENT IF YOU CHALLENGE ANY DECISION REGARDING ANY OF THE ABOVE PROPOSALS IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED DURING THE PUBLIC TESTIMONY PERIOD REGARDING THAT PROPOSAL OR IN WRITTEt CORRESPONDENCE DELIVERED TO THE BOARD OF SUPERVISORS AT,OR PRIOR TO,THE PUBLIC HEARING. DUE TO TIME CONSTRAINTS AND THE NUMBER OF PERSONS WISHING TO GIVE ORAL TESTIMONY,TIME RESTRICTIONS MAY BE PLACED ON ORAL TESTIMONY REGARDING THE ABOVE PROPOSALS.YOU MAY WISH TO MAKE YOUR COMMENTS IN WRITING TO ASSURE THAT YOU ARE ABLE TC EXPRESS YOURSELF ADEQUATELY. THE BOARD OF SUPERVISORS MEETING FACILITY IS ACCESSIBLE TO PERSONS WITH DISABILITIES. IF ASSISTIVE LISTENING DEVICES OR OTHEF AUXILIARY AIDS OR SERVICES ARE NEEDED IN ORDER TO PARTICIPATE IN THE PUBLIC MEETING, REQUESTS SHOULD BE MADE THROUGH THE CLERK OF THE BOARD AT LEAST THREE(3)BUSINESS DAYS PRIOR TO THE BOARD MEETING.THE CLERK'S TELEPHONE NUMBER IS(909)387-384- AND THE OFFICE IS LOCATED AT 385 NORTH ARROWHEAD AVENUE,2ND FLOOR,SAN BERNARDINO,CA. AGENDA AND SUPPORTING DOCUMENTATION IS AVAILABLE ON THE INTERNET: WWW.SBCOUNTY.GOV/COB ######## THE NEXT REGULAR MEETING OF THE BOARD OF SUPERVISORS WILL BE HELD ON TUESDAY, MAY 05. 2009 WITH CLOSED SESSION BEGINNING AT 9:00 A.M. AND PUBLIC SESSION BEGINNING AT 10:00 A.M C t� RE QUEST FOR PROPOSAL Date:02/09/09 Proposal No. K52 COUN(Y OF SAN BERNARDINO PURCHASING DEPARTMENT Page No. 1 of 25 Pages materials and/or Services: Submit each individual proposal in separate sealed Copiers & Facsimile Machines envelope with proposal number marked on outside to: County Purchasing Agent 777 East Rialto Avenue San Bernardino,CA 92415-0760 To Be Delivered To:Countywide BEFORE: 2:00 p.m.,Wednesday,March 11'",2009 For further information,call: Bill Brock,C.P.M. Deputy Purchasing Agent (909)387-2464 Fax: (909)387-2666 INSTRUCTIONS AND CONDITIONS servants and employees,harmless and defend same from liability of any nature 1.All prices and notations must be typewritten or printed in ink.No erasures or kind on account of use of any copyright,or uncopyrighted composition,secret permitted.Mistakes may be crossed out and corrections made adjacent,and process,patented or unpatented invention,article,or appliance furnished or used must be initialed in ink by person signing quotation. under this quotation. 2.State brand,or make,on each item.If quoting an article exactly as specified, 16.Neither party will be held liable for failure or delay in fulfillment if hindered or the words"or equal"must be stricken out by the vendor.If quoting on other prevented by fire,strikes,or Acts of God.(Force Majeure) than make,model or brand specified,the manufacturers name and the catalog 17.Quotations are subject to acceptance at any time within 60 days after number must be given,or descriptive cut and information attached to the opening of same,unless otherwise stipulated. quotation. 18.Verify your quotations before submission,as they cannot be withdrawn or 3.Quote on each item separately.Prices should be stated in units specified corrected after being opened. herein. 19.RETURN THIS SHEET WHETHER OR NOT YOU QUOTE A PRICE.If you 4.Each quotation must be in separate sealed envelope with proposal number do not quote,state your reason;otherwise your name may be removed from the on outside,and must be received by County Purchasing Agent,777 East Rialto mailing list. Avenue,San Bernardino,CA 92415-0760 not later than the hour and day 20.Accounts paid for transportation of property to the County of San Bernardino specified hereon,at which time it will be publicly opened and read. are exempt from Federal Transportation Tax.An exemption certificate is not 5.Time of delivery is a part of the consideration and must be stated in definite required where the shipping papers show the consignee as San Bernardino terms,and must be adhered to.If time varies on different items,the vendor County,as such papers may be accepted by the carrier as proof of the exempt shall so state in the column provided,opposite each item. character of the shipment. 6.Terms of less than 30 days for cash discount will be considered as net. 21.To be considered,each vendor must have an approved Vendor Application 7.All quotations must be signed with the firms name and by a responsible officer on file with the Purchasing Department.Vendors must have registered online r employee.Obligations assumed by such signatures must be fulfilled. through the County Website www sbcountvoov . Unless otherwise definitely specified,the prices quoted herein do not include 22.The Vendor agrees to comply with Executive Orders 11246,11375,11625, alifomia Sales Tax. 12138,12432,12250,Title VII of the Civil Rights Act of 1964,the California Fair 9.No charge for packing,drayage,or for any other purpose will be allowed over Employment Practice Act,Equal Employment Opportunity,San Bernardino and above the prices quoted on this sheet. County Emerging Small Business Enterprise program,and other applicable 10.The right is reserved,unless otherwise stated,to accept or reject any or all Federal,State,and County laws,regulations,and policies relating to equal quotations,or any part thereof,either separately or as a whole,or to waive any employment and contracting opportunities,including laws and regulations informality in a proposal. hereafter enacted. The artides covered by the quotation must conform with 11.The County recognizes that price is only one of several criteria to be used in safety orders of OSHA,CALOSHA and/or NIOSHA,and OSH-POD. judging a product or service,and the County is not legally bound to accept the 23.Assignment of the contract by the vendor to other suppliers/contractors must lowest quote. be approved by the Purchasing Agent. 12.Samples of items,when required,must be furnished free of expense to the 24.Prevailing Wages:Where labor is required for public work as a part of any County;and if not destroyed by tests,will upon request be returned at vendors requirements covered by this request for proposal,pursuant to the provisions of expense. the Labor Code of the State of California,contractor shall pay no less than 13.In use of default by the vendor,the County of San Bernardino may procure those minimum wages. the articles or service from other sources and may deduct from unpaid balance 25.Conflict of Interest:Your signature hereon certifies that no County employee, due the vendor,or may collect against the bond of surety,or mail bill for excess whose position in the County service enables them to influence any award of costs so paid,and the prices paid by the County of San Berardino shall be your offer or any competing offer,shall have any direct or indirect financial considered the prevailing market prices paid at the time such purchase is made. interest in any transaction resulting from this request for proposal. 14.Cast of transportation,handling,and/or inspection on deliveries,or offers for 26.Vendors making delivery or providing services on County premises shall delivery,which do not meet specifications,will be for the account of the vendor. carry liability insurance and Workers Compensation coverage in accordance with 15.The vendor shall hold the County of San Bernardino,its officers,agents, the County's Standard Practice requirements. IMPORTANT: Place signed proposal in envelope,seal envelope and show proposal number on outside. Return proposal to the County Purchasing Agent,777 East Rialto Avenue,San Bernardino,CA 92415-0760 PRICES QUOTED F.O.B.DESTINATION UNLESS OTHERWISE STATED. The following must be filled in by the contractor in submitting his proposal: Date Company Delivery will be made in days Address from receipt of order unless otherwise noted. Cash Discount Terms City&State Zip Signed By Telephone No.( ) County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 TABLE OF CONTENTS I. INTRODUCTION .........................................................................................................I A. Purpose B. Period of Contract C. Minimum Proposer Requirements D. Mandatory Proposal Conference E. Correspondence F. Proposal Submission Deadline II. PROPOSAL TIMELINE ................................................................................................2 III.PROPOSAL CONDITIONS ............................................................................................2 A. Contingencies B. Modifications C. Proposal Submission D. Incurred Costs IV. GENERAL REQUIREMENTS ........................................................................................2 A. Background B. Scope of Contract C. Copier/Facsimile Machine Maintenance CONTRACT REQUIREMENTS ......................................................................................7 A. Improper Consideration B. Inaccuracies or Misrepresentations C. Employment of Former County Officials D. Local Preference E. Electronic Fund Transfer Program F. Procurement Card Program G. Right to Monitor and Audit Provisions H. Indemnification and Insurance Requirements VI.PROPOSAL SUBMISSION ..........................................................................................10 A. General B. Proposal Presentation C. Proposal Format VII.PROPOSAL EVALUATION&SELECTION ....................................................................14 A. Evaluation Process B. Evaluation Criteria C. Contract Award D. Disputes Relating to Proposal Process and Award VIII.APPENDICES&ATTACHMENTS ..............................................................................17 A. Appendix A— California Public Records Act B. Appendix B— Bid Checklist C. Attachment A—Photocopier Equipment Matrix D. Attachment B—Service Technician List by Service Zone E. Attachment C—Service Technician List by Equipment Model F. Attachment D—Purchase Pricing Sheet G. Attachment E— Rental Pricing Sheet County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 L INTRODUCTION A. Purpose: The County of San Bernardino,hereafter referred to as the"County", is seeking proposals from interested and qualified companies to provide photocopier and facsimile equipment on a purchase,monthly rental or lease-purchase basis and to provide maintenance and service for same equipment throughout the County.This Request for Proposal (RFP)is being released to identify,pre-qualify, and establish contracts with vendors for the aforementioned products and services. B. Period of Contract: The term of this contract will be for three (3)years,beginning May 1,2009 or thereabouts and ending April 30,2012, unless terminated earlier as provided in this RFP. C. Minimum Vendor Requirements: All vendors responding to this RFP must: 1. Have a representative in attendance at the mandatory pre-proposal conference as referenced in this RFP. 2. Have specific expertise in providing sales, service and technical support for photocopier and/or facsimile equipment. 3.Have no documented record of unsatisfactory performance or breach of contract. 4. Meet the participation requirements listed in this RFP. 5. Sell a brand(s)of equipment from a manufacturer(s)which is either ISO-9001 certified or is a Malcolm Baldridge Award recipient.Proof of such certification or award is to be submitted with proposal. 6. Sell a brand(s) of equipment from a manufacturer which complies with ISO 14001 environmental standards. Proof of such compliance is to be submitted with proposal. OD. Mandatory Pre-Proposal Conference: A mandatory Pre-Proposal Conference will be held at the San Bernardino County Purchasing Department,General Services Building,Public Conference Room, 777 E.Rialto Ave., San Bernardino, CA. at 2:00 p.m. on Wednesday, February 25, 2009. Attendance at the conference is mandatory.No proposal will be accepted from any vendor who fails to attend the Pre-Proposal Conference.The County may issue an addendum to the RFP after the Pre-Proposal Conference if the County considers that additional clarifications are necessary. Only vendors represented at this conference will receive addenda. Questions regarding the contents of this RFP must be submitted in writing by Wednesday,February 18, 2009, one week prior to the mandatory Pre-Proposal Conference and be directed to the address listed below or via facsimile or e-mail. All questions will be answered and copies of both questions and answers will be distributed to all Pre-Proposal Conference attendees. E. Correspondence: All correspondence, including proposals, are to be submitted to: County of San Bernardino Purchasing Department Bill Brock,Deputy Purchasing Agent 777 E.Rialto Ave. San Bernardino, CA 92415-0760 Attn: RFP K52 E-Mail: bbrock(a)pur.sbcountv.gov CF. Proposal Submission Deadline: All proposals must be received at the address listed above no later than 2:00 p.m. on Wednesday,March 11,2009. Facsimile or electronically transmitted proposals will not be accepted since they do not contain original signatures. Postmarks will not be accepted in lieu of actual receipt.Late or incomplete proposals will not be opened and considered. County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 cw- II. PROPOSAL TIMELINE 1. Release of RFP K52 Monday,February 9,2009 2. Deadline for submission of questions Wednesday,February 18, 2009 by 5:00 PM PST 3. Mandatory Pre-Proposal Conference 2:00 p.m. Wednesday,February 25,2009 4. Deadline for proposals 2:00 p.m. Wednesday,March 11, 2009 5. Tentative date for awarding of contract(s) April 2009 III. PROPOSAL CONDITIONS A. Contingencies: Funding for this program is contingent on availability of funds. This RFP does not commit the County to award a contract.The County reserves the right to accept or reject,any or all proposals if the County determines it is in the best interest of the County to do so.The County will notify al]Vendors, in writing, if the County rejects all proposals. r B. Modifications: The County reserves the right to issue addenda or amendments to this RFP. jC. Proposal Submission: To be considered, all proposals must be submitted in the manner set forth in this RFP.It is the Vendor's responsibility to ensure that their proposal arrives on or before the specified deadline for submission. Proposals received after the deadline will be marked "LATE"and will receive no further consideration. I D. Incurred Costs: This RFP does not commit the County to pay any costs incurred in the preparation of a proposal in response to this request. Vendor agrees that all costs incurred in developing this proposal and any other related material provided is the Vendor's responsibility. IV. GENERAL REQUIREMENTS A. Background: San Bernardino County encompasses 20,160 square miles,the largest county in the continental United States.It borders Los Angeles,Riverside and Kern Counties and the States of Arizona and Nevada. Current population is over 2 million,the majority of which are located in the southwest portion of the County. In order to provide adequate service to its citizens,the County has offices located throughout the County, often separated by extensive distances. B. Scope of Contract: 1. Purpose: To provide photocopier and facsimile equipment on a purchase,monthly rental, and lease-purchase basis and to provide maintenance for purchased equipment,to be famished on contract throughout the County.All Csuch equipment provided to the County must be new.Used,re-conditioned or"newly remanufactured"equipment i/ is unacceptable to the County's needs.The County currently spends approximately 3.5 million dollars ($3,500,000)per year on copiers, facsimile machines,copier&fax supplies and maintenance of copiers and fax machines. County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 2. Orders: Orders against a resultant contract may be made periodically by the issuance of separate purchase orders. In the case of monthly maintenance agreements and monthly rentals,blanket purchase orders will be issued per department or per piece of equipment and individual withdrawals will be made as needed against the blanket purchase order(s). Vendors responding to this RFP agree to accept the County's standard Purchase Order. There is no specified number of units which will be ordered by the County during the term of the contract,nor is there any guarantee that an awarded vendor will receive any orders from County departments.Any resultant contract is merely a"hunting license" allowing the awarded vendor the opportunity to supply the County with the types of equipment requested in this RFP. User departments will be allowed to order operating supplies such as toners,developers etc., directly from the vendor(s). Vendors responding to this RFP who have Internet ordering for supplies or other EDI capabilities are asked to provide information on the Internet ordering procedure. 3. Copiers: The majority of copiers in use by the County have at least these basic features: Automatic Document Feeder,Auto Duplex,Finisher, Stapler, Scan &Print:The County considers this to be a Basic Model. Vendors are to quote copiers with these basic features as well as list any other standard features for each model they bid. In addition, vendors should provide pricing for any other options which they feel would be of interest, such as large paper decks,hole punch,etc. V 4. Delivery and Set-Up: Vendor must make delivery of all copiers and facsimile machines within thirty(30)days of receipt of order. Seller will deliver and set-up copier or facsimile machine on site at the location specified by the County.Delivery in excess of thirty days does not meet the County's requirements and will not be considered. Seller must make delivery of any copier or facsimile supplies, including but not limited to, toners,developers, etc., within twenty-four(24)hours of receipt of an order placed by a user department. 5. Training: The Vendor will provide all training as required at no extra charge to County personnel. 5. Digital Products: All vendors wishing to provide digital products on this bid must have adequate technical staffing to advise, configure,and set up LAN installations. 6. Supplies: The Vendor will make available with the order for equipment, a start-up kit of supplies, so that the copier or facsimile machine may be set up for immediate use. All maintenance agreements and monthly equipment rentals are to include all operating supplies, including but not limited to Toners,Developers and Drums.This provision excludes Paper and Staples. 7. Returned Merchandise: Vendor agrees to give full credit on returned merchandise resulting from Vendor or Manufacturer errors. The County shall not be charged any re-stocking fees for any returned merchandise. S. Participation: The County desires that any Counties,Municipalities, School Districts, and other Tax Districts within the State of California requiring copiers, facsimile machines and maintenance of same,may at their option and through the County Purchasing Agent, avail themselves of the contract(s)resulting from this proposal. Upon notice, in writing, the Seller agrees to the extension of the terms of a resultant contract with such Governmental bodies as though they have been expressly identified in this bid,with the provision that: County of San Bemardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 Q (a) Such Governmental body does not have and will not have in force any other contract for like purchases. (b) Such Govennental body does not have under consideration for award any other bids or quotations for like purchases. (c) Such Governmental body shall make purchases directly through the Vendor and make payment directly to the vendor.The County will not be liable for any such purchase made between the Seller and another Governmental body who avails themselves of this contract. 9. Notice of Cancellation: The County reserves the right to cancel the contract in its entirety with a thirty(30)day written notice of cancellation in the event the Vendor does not perform service in a satisfactory manner. The County and the Vendor each reserve the right to cancel the contract, for any reason,with a sixty(60)day written notice of cancellation. 10. Subcontractors: There shall be no subcontracting nor joint venture of any services, marketing,or other activities by the Vendor unless specifically approved in advarice in writing by the County Purchasing Department. The Vendor shall act as the single principal for all products and services in this contract.This requires a single point of contact representing theVendor. 11. Terms Definitions: The following are the County's definitions. These definitions only apply to copiers. \,✓ (a) Rental: Rental on a month to month basis, which can be terminated at any time with or without Due Cause.Due Cause for termination shall include,but not be limited to, failure to deliver in quantities required within required lead times, failure of the product(s)to meet specifications and/or for reasons of unsatisfactory service. 1 Rentals are generally for thirty-six(36)month terms. Early termination penalties may only be assessed when rental is terminated without Due Cause.The County will only agree to the following early termination penalties; If termination occurs within: 0-12 Months—no greater than three (3)times base rental payment. 13-24 Months—no greater than two (2)times base rental payment. 25-36 Months—no greater than one(1)times base rental payment. i All Rental agreements that extend over any fiscal year must contain a clause that the agreement can be j cancelled at any time if funds have not been appropriated for the new fiscal year. Such termination shall i i not include any early termination penalties. 1 County departments will be allowed to upgrade any equipment on an existing rental agreement mid-term with the same vendor without being assessed any penalties. The Vendor assumes all responsibility for any property taxes on equipment provided to the County under s the Rental program. The County does not own the equipment,but is merely renting it for a fixed time period. ' All vendors wishing to be considered for this contract must submit a Rental program as part of their ' proposal. NO Third Party rentals will be considered. County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 (b) Lease-Purchase: Any Third-Party agreement where title transfers to the County at the end of the term, whether or not there is a buyout cost associated with such transfer of title. All Lease-Purchases of equipment purchased under this contract shall be subject to the County's Master Lease Agreement.No other Lease-Purchase agreement will be permitted. Therefore, vendors are not to bother with the details of providing a Lease-Purchase program to the County as the County will not do lease-purchases through the vendor(s),but through the County's contracted Lease-Purchase agent. 12. Award of Contract: Vendors are advised that the lowest cost proposal will not necessarily be awarded the contract,as the selection will be based upon best meeting the needs of the County, so determined by an Evaluation Team and the Purchasing department. Contract awards will require approval by the San Bernardino County Board of Supervisors. C. Copier Maintenance: Applies to both purchased and rented equipment. 1. Service Calls: Tools,equipment and skill used in the accomplishment of needed service will comply with equipment manufacturer's specifications.The service-representative shall have the training and experience level to perform prompt,efficient and accurate service on each type and model of equipment for which the Vendor is responsible. Service calls are unlimited and will be performed during normal business hours. All service personnel must provide proper photo identification in order to be allowed access to County facilities. 2. Parts: All replacement parts will meet the original equipment manufacturer's specifications.No used parts will be installed. OEM parts only are allowed. 3. Service Areas: Maintenance is divided into five (5)zones as noted below.The County expects timely service to be provided to each zone by awarded vendor(s). The County defines"timely service"as eight(8)hours or less. Maintenance is to be provided to all zones. ZONE 1: San Bernardino,Colton,Rialto,Fontana,Redlands,Loma Linda,Yucaipa and Mentone. ZONE 2: Big Bear, Crestline,Twin Peaks, Lake Arrowhead,Running Springs and Wrightwood. ZONE 3: Ontario,Rancho Cucamonga, Chino,Upland and Montclair. ZONE 4: Morongo Valley, Joshua Tree and Yucca Valley. ZONE 5: Victorville,Hesperia, Apple Valley,Barstow,Needles and remainder of High Desert locations. 4. Response Time: Under normal circumstances,response time for service requests will not be longer than eight(8) business hours.The County expects service calls to be performed within two(2)to four(4)hours on the average. (For example: If a service call is placed in the A.M.,the County will expect a service technician to arrive at the requesting location in the P.M. and the equipment to be operational within 2 to 4 hours from the time the service call was placed.)Any delay for service in excess of eight(8)hours shall be coordinated at the time of the service request and Vendor will provide a written report to Purchasing as to why the delay occurred. County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 Some County departments,due to the nature of their operations,require service personnel to be available twenty- four(24)hours a day, seven(7)days per week.Vendors are to provide a contact person and phone number for emergencies during times other than normal business hours.The County departments primarily affected by this requirement are as follows: Information Services Department—Network Services Division 777 E. Rialto Ave. San Bernardino, CA 92415 Information Services Department—Technology Operations 670 East Gilbert Street San Bernardino,CA 92415 San Bernardino County Office of Emergency Services 1743 Miro Way Rialto, CA 92376 San Bernardino County Sheriff's Department Locations throughout the County 5. Loaner Machines: If contract equipment is unrepairable within sixteen(16)business hours (two business days), a loaner machine will be provided to the user department within eight (8)additional business hours at no additional charge to the County. 6. Maintenance Records: The Vendor shall provide and maintain a"Maintenance History Record" for each machine.This record shall contain the following information: Model Number, Serial Number,Date placed into service,Date and Description of each service call,Date of inspection and initials of the Vendor's Service Technician. An inspection and service acknowledgement will be furnished to the County for each visit,to be left with the using department. 7. Billing of Maintenance: The County will pay maintenance on a monthly, quarterly or annual basis,per department preference.The County will only pay per copy charges in arrears. 8. Additions/Deletions to Maintenance: The County reserves the right to add/delete equipment to/from the contract as necessary.The Vendor will provide additions/deletions to maintenance on a monthly basis. 9. Insurance: All vendors providing services to the County must have Certificates of Insurance on file in the Purchasing Office. 10. Warranty: The Vendor shall provide warranty information for each model of equipment purchased by the County. All warranties shall include replacement of all parts,including Drums,under the Maintenance Agreement and shall include the replacement of equipment if necessary. 11. Exclusions: Repairs for damage or loss caused by any other than normal and reasonable use shall not be covered by this contract.Written estimates for work required for the aforementioned reasons will be submitted in advance a by the Vendor to the user department prior to the work being performed. Authorization for said repairs shall be a separate Purchase Order or a Purchase Request(PR)Number issued by the Purchasing Department. 3 County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 V. CONTRACT REQUIREMENTS All Vendors will be required to fulfill the standard Contract requirements for the County. A. Improper Consideration Vendor shall not offer(either directly or through an intermediary)any improper consideration such as,but not limited to,cash,discounts, service,the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding the award of this proposal. The County,by written notice,may immediately terminate any contract resulting from this proposal process if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded. Vendor shall immediately report any attempt by a County officer, employee or agent to solicit(either directly or through an intermediary) improper consideration from Vendor.The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision,the County is entitled to pursue any available legal remedies. B. Inaccuracies or Misrepresentations If in the course of the RFP process or in the administration of a resulting contract,County determines that Vendor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County,Vendor may be terminated from the RFP process or in the event a contract has been awarded, the contract may be immediately terminated. C. Employment of Former County Officials Provide information on former County of San Bernardino administrative officials(as defined below)who are employed by or represent your business. The information provided must include a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals,partners, associates or members of the business.This list should also include the employment and/or representative capacity and the dates these individuals began employment with or representation of your business. For purposes of this section, "County administrative official"is defined as a member of the Board of Supervisors or such officer's staff, County Administrative Officer or member of such officer's staff, County department or I group head, assistant department or group head, or any employee in the Exempt Group,Management Unit or Safety Management Unit. Failure to provide this information may result in the response to the Request for Proposal being deemed non- responsive. D. Local Preference The County of San Bernardino has adopted a preference for vendors whose principal place of business is located within the boundaries of the County. A five percent(5%)preference may be applied prior to approval of any purchase or acquisition of services, equipment, goods or supplies. County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 For purposes of the application of the local preference policy(County Policy 11-12), "principal place of business" /�" is defined as the Vendor's main office(or headquarters)or a major regional office. A"major regional office" is �r defined as a business location apart from the Vendor's main office(or headquarters)which: • Has been issued a business license, if required,and has been established and open for a minimum of six months prior to the date that the approval authority authorizes the circulation of an RFP/RFB/Quote for any contract, agreement, or purchase order to which it responds; and • Can demonstrate on-going business activity in the field of endeavor on which the Vendor is proposing, from that office during the preceding six months; and • Has a minimum of twenty-five percent(25%)of the Vendor's full time management employees and twenty-five percent(25%)of its full time regular employees working from the San Bernardino County location(s). The County Local Preference Policy means for example,if two Vendors are responding to this RFP and if quality, service and ability to meet the County's needs are equal,County staff must determine if one of the Vendors is a local vendor. If one of the Vendors is a local vendor,and its quoted price or cost for services , equipment, goods or supplies does not exceed five percent(5%)of the other Vendor's quoted price or cost, unless it is determined that an exemption applies, staff may recommend the local vendor for the contract award. E. Electronic Fund Transfer Program The County of San Bernardino Auditor/Controller-Recorder office prefers direct deposit for vendor payments. Instead of creating a paper check the County will,with the vendor's approval,directly deposit funds to the vendor's checking account via electronic funds transfer(EFT). Details and forms regarding EFT payments will be provided upon award. F. Procurement Card Program ° The County participates in the State of California Procurement Card Program known as Cal-card(VISA credit card).Whenever possible,the County prefers to place orders and make payments utilizing procurement cards. j Please indicate if your company accepts VISA: YES NO 11 If your company does not accept procurement cards and you are interested in accepting VISA, contact your local bank or financial institution for assistance. G. Right to Audit and Monitor Provisions 1. Right to Monitor County shall have absolute right to review and audit all records,books,papers,documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Vendor in the delivery of services provided under this Agreement. Full cooperation shall be given by Contractor in any auditing or monitoring conducted. Vendor shall cooperate with County in the implementation,monitoring and evaluation if this agreement and comply with any and all reporting requirements established by the County. 2. Availability of Records All records pertaining to service delivery and all fiscal, statistical and management books and records shall be available for examination and audit by County, State and Federal representatives for a period of three years after final payment under the Contract or until all pending County, State and Federal audits are completed,whichever is later.Program data shall be retained locally(in the County) and made available upon request or turned over to ♦ ` the County. If said records are not made available at the scheduled monitoring visit, Contractor may,at County's �y option,be required to reimburse County for expenses incurred due to required rescheduling of monitoring visit(s). Such reimbursement will not exceed$50.00 per hour(including travel time)and be deducted from the following month's claim for reimbursement. County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 Records of the Vendor which do not pertain to the program shall not be subject to audit unless provided for in Qanother agreement. 3. Assistance by Vendor Vendor shall provide all reasonable facilities and assistance for the safety and convenience of County's representative in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work of the Contractor. H. Indemnification and Insurance Requirements 1.Indemnification The Vendor agrees to indemnify, defend and hold harmless the County and its authorized officers,employees, agents and volunteers from any and all claims,actions,losses, damages and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law. 2.Iusurance Without in any way affecting the indemnity herein provided and in addition thereto,the Vendor shall secure and maintain throughout the contract the following types of insurance with limits as shown: a. Workers' Compensation-A program of Workers' Compensation insurance or a State-approved Self- Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with$250,000 limits,covering all persons providing `,/ services on behalf of the Contractor and all risks to such persons under this Agreement. If Contractor has no employees, it may certify or warrant to County that it does not currently have any employees or individuals who are defined as"employees"under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Risk Manager. With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. If the County's Risk Manager determines that there is no reasonably priced coverage for volunteers,evidence of participation in a volunteer insurance program my be substituted. b. Comprehensive General and Automobile Liability Insurance -This coverage to include contractual coverage and automobile liability coverage for owned,hired and non-owned vehicles.The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). 3. Additional Named Insured All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming the County and its officers,employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. 4. Waiver of Subrogation Rights C Vendor shall require the carriers of the above required coverage's to waive all rights of subrogation against the County, its officers, employees, agents,volunteers, contractors and subcontractors. 5. Policies Primary and Non-Contributory County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 All policies required above are to be primary and non-contributory with any insurance or self-insurance 100%, programs carried or administered by the County. 6. Proof of Coverage Vendor shall immediately furnish certificates of insurance to the County department administering the contract evidencing the insurance coverage, including endorsements required above,prior to the commencement of performance of services hereunder,which certificates shall provide that such insurance shall not be terminated or expire without thirty(30) days written notice to the department. Vendor shall maintain such insurance from the time Vendor commences performance of services hereunder until the completion of such services. Within sixty(60)days of the commencement of this Agreement,the Vendor shall fumish certified copies of the policies and all endorsements. 7. Insurance Review The above insurance requirements are subject to periodic review by the County. The County's Risk Manager is authorized,but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available,is unreasonably priced,or is not needed to protect the interests of the County. In addition,if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available,the Risk Manager is authorized,but not required,to change the above insurance requirements, to require additional types of insurance coverage or higher coverage limits,provided that any such change is reasonable in light of past claims against the County, inflation,or any other item reasonably related to the County's risk. Any such reduction or waiver for the entire term of the Agreement and any change requiring additional types of insurance coverage or higher insurance coverage limits must be made by amendment to this Agreement. Contractor agrees to execute any such amendment within thirty(30)days of receipt. VI. PROPOSAL SUBMISSION A. General 1. All interested and qualified Vendors are invited to submit a proposal for consideration. Submission of a proposal indicates that the vendor has read and understands this entire RFP, including all appendices, attachments, exhibits, schedules and addendum(as applicable)and all concerns regarding this RFP have been satisfied. 2. Proposals must be submitted in the format described in the following section. Proposals are to be prepared in such a way as to provide a straightforward,concise description of capabilities to satisfy the requirements of this RFP. Expensive bindings, colored displays,promotional materials,etc. are not necessary nor desired. Emphasis should be concentrated on conformance to the RFP instructions,responsiveness to the RFP requirements, and on completeness and clarity of content. 3. Proposals must be complete in all respects as required in this section. A proposal may not be considered if it is conditional or incomplete. 4. All proposals submitted become the property of the County and are subject to the"California Public Records ® Act", Appendix A. 5. Proposals must be received no later than 2:00 p.m. on Wednesday,March 11, 2009 at: County of San Bernardino County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 Purchasing Department Q 777 E. Rialto Ave. San Bernardino, CA 92415-0760 ATTN: RFP K52 B. Proposal Presentation 1. An original bound and ten(10)unbound copies of the written proposal are required. 2. The package containing the original and copies must be sealed and marked with the Vendor's name and "CONFIDENTIAL—Photocopy/Facsimile Equipment RFP K52". 3. All proposals should be submitted on 8 %2"X 11"recycled paper with double sided printing, unless specifically shown to be impractical, with no less than 1/2"top,bottom, left and right margins. Proposals must be typed or prepared with word processing equipment and double-spaced.Typeface must be no more than 12 characters per inch. Each page, including attachments and exhibits, must be clearly and consecutively numbered at the bottom center of the page. C. Proposal Format Response to this Request for Proposal must be in the form of a proposal package submitted in the following format: 1. Cover Page—Submit Request for Proposal coversheet and a letter, on letterhead stationary, signed by duly authorized officer, employee, or agent of the organization/firm submitting the proposal that must include the following information: ® a. A statement that the proposal is submitted in response to the Request for Proposal Photocopier Equipment and Facsimile Machines RFP K52. b. A statement indicating which individuals,by name,title, address and phone number, are authorized to negotiate with the County on behalf of the organization. i c. A statement certifying that the undersigned,under penalty of perjury,is an agent authorized to submit proposals on behalf of the organization/firm. 2. Statement of Certification—Include the following in this section of the proposal: a. A concise statement of the services proposed. 1 b. A statement that the offer made in the proposal is firm and binding for 120 days from the date the proposal is opened and recorded. c. A statement that all aspects of the proposal,including cost,have been determined independently, without consultation with any other prospective Vendor or competitor for the purpose of restricting competition. d.A statement that all declarations in the proposal and attachments are true and that this shall constitute a warranty, the falsity of which shall entitle the County to pursue any remedy by law. e. A statement that the Vendor agrees that all aspects of the RFP and the proposal submitted shall be binding if the ® proposal is selected and a contract awarded. f. A statement that the Vendor agrees to provide the County with any other information that the County deems necessary for an accurate determination of the Vendor's ability to perform the services proposed. County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 g. A statement that the prospective Contractor,if selected,will comply with all applicable rules, laws, and regulations. 3. Proposal Description—A detailed description of the proposal being made. a.Proposal should address,but is not limited to all items in Section IV—General Requirements. b. Proposal should include the following: 1) Brief synopsis of the Vendor's understanding of the County's needs and how the Vendor plans to meet these needs. This should provide the County's evaluation team a broad understanding of the Vendor's entire proposal. 2) Explain any value added services and/or enhancements that your Company now offers,(for example: the ability for County Departments to order supplies and check the status of pending orders via the Internet).What value enhancements does your Company project to offer in the near future and what are the estimated initiation dates for these enhancements?Does your company offer a volume rebate?Is so,please provide details. 3)Listing of Service Personnel by Zones and the number of trained technicians by model of equipment.Please use the Service Technician List matrix enclosed in the bid packet. 4) Standard terms and conditions for the Vendor's proposed Rental Program. 5) Explanation of any assumptions and/or constraints. 4. Statement of Qualifications—Include the following in this section of the proposal: a. Statement of Qualifications: Vendor shall state the ability to provide Photocopy and Facsimile Equipment on a purchase,rental or lease-purchase basis.Vendor shall also state that they do not have any commitments or potential commitments which may impact their company's assets,lines of credit, guarantor letters,or ability to perform the contract. i b. Resumes: Vendor will provide a resume for each individual involved with this Contract who will deal with the County, such as Branch Manager(s), Service Manager(s), Sales Personnel, Service Personnel,Technical Staff,etc. These references are to be for local representation only. Vendor is also to submit the certification of each Service ! Technician who will be servicing the equipment,including sub-contractor employees. c. References: Vendor will provide a minimum of five (5)references of other public agencies or private corporations of similar size and scope with whom the Vendor has sold and maintained equipment during the last five(5)years. Please include name, address,telephone number, and the quantity and types of copiers and/or facsimile machines. Please include a contact person who the County can call in order to verify the quality of product, service and training your company has provided. d. Financial Information: Vendor must provide their company's Organizational Annual Report for the last two years. Vendor must also include independently audited financial statements for the most recently completed fiscal year. If audited financial statements are not available,please provide audited financial statements along with a certification from the owners and the Company's accountant that the information accurately reflects the company's current ® financial status. If the business is a sole proprietorship, and financial statements are not available,please provide schedule C of the Internal Revenue Service forms as well as a certification from the owner and the accountant that the information accurately reflects the business' current financial status. If reports are not submitted,the vendor may be considered non-responsive. County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 NOTE: Any reasonable inquiry to determine the responsibility of a vendor may be conducted by the County. The submission of a proposal constitutes permission by the Vendor for the County to verify all information contained herein. If the County deems it necessary, additional information may be requested from the Vendor. Failure to comply with any such request may disqualify a vendor from further consideration. Such additional information may include evidence of financial ability to perform. 5. Pricing Proposal-Include in this section the total proposed cost for each standard feature model copier and/or facsimile machine. Vendors are to provide separate quotes for both network compatible and non-networked copiers. Optional features should each be priced separately. Pricing should be provided for both purchases and monthly rentals and should reflect the Vendor's normal prices to the County.The County understands that vendors may, at times, offer special promotional pricing. The County expects to receive the benefit of any such promotional pricing a vendor may offer throughout the year.Do not include Sales Tax in yricing proposals.Vendors are to use the Pricing Sheets(Attachments D and E)included with the bid packet. Pricing proposals for Purchased equipment should also iriclude, as a separate item,monthly maintenance charges for each machine offered.Monthly Maintenance Agreements are to include all service calls,labor,parts,drums and consumable supplies,excluding paper and staples.Vendor shall provide prices for agreements which include 2000, 5000, 8,000, 10,000, 15,000, 20,000, 25,000 and 30,000 copies per month and shall indicate price per excess copy charges. Pricing proposals for Monthly Rentals are to include all service calls, labor,parts,drums and consumable supplies, excluding paper and staples. Vendor shall provide prices for Rentals which include 2000, 5000, 8,000, 10,000, 15,000, 20,000, 25,000 and 30,000 copies per month and shall indicate price per excess copy charges. 1 j Although the above volume bands may be too high for smaller machines or too low for larger machines, for the sake of simplicity,vendors are to follow the above RFP instructions. { Copier pricing will be broken out into segments based on the Dataquest segmentation scheme as follows: I ' • Segment PC—up to 12 cpm • Segment 1 —up to 20 cpm • Segment 2—21 to 30 cpm • Segment 3—31 to 44 cpm • Segment 4—45 to 69 cpm t • Segment 5—70 to 90 cpm • Segment 6—91 cpm&above Approximately ninety-five percent(95%)of the copiers in use by the County fall within the 25 cpm to 65 cpm range. Vendor is to provide a specification sheet for each model of copier and/or facsimile machine.The County understands that technology is constantly changing and being upgraded. For the purpose of this RFP,vendors are to bid current models of equipment. 3 ® If a vendor is a distributor of multiple brands,they may bid as many brands as they wish. If bidding multiple brands of equipment,you are to submit one proposal,but each brand of equipment must be bid separately. NOTE: The County of San Bernardino is not interested in GSA or C-MAS contracts.Otherwise the County would not have bothered with the time and expense of issuing this RFP. County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 C 6. Material Safety Data Sheets—Vendors responding to this RFP must provide Material Safety Data Sheets for any toners and/or developers which they propose to provide to the County. VII. PROPOSAL EVALUATION AND SELECTION A. Evaluation Process All proposals will be subject to a standard review process developed by the County.The evaluation will be based on the written proposal as submitted,but may include a site visit to the Vendor if deemed necessary by the County's Evaluation Team. B. Evaluation Criteria 1. Initial Review—All proposals will be initially evaluated to determine if they meet the following minimum requirements: a. The proposal must be complete, in the required format,and be in compliance with all the requirements of this RFP. b. Prospective contractors must meet the requirements as stated in the Minimum Proposer Requirements Coutlined in Section I—C. Failure to meet all of these requirements may result in a rejected proposal.No proposal shall be rejected,however, if it contains a minor irregularity,defect or variation and is determined by the County to be immaterial or inconsequential.In such cases,the Proposer will be notified of the deficiency in the proposal and provided an opportunity to correct the irregularity, defect or variation or the County may elect to waive the deficiency and accept the proposal. 2. Financial Review—All financial data submitted, as part of this proposal,will be reviewed by the Auditor/Controller to determine the financial stability of the Vendor. 3. Technical Review—Proposals meeting the above requirements will be evaluated on the basis of the following criteria: a. Product Quality. Copiers and facsimile machines must be manufactured by an ISO-9001 certified manufacturer.Vendors must show proof of ISO-9001 certification.Malcolm Baldridge award is also acceptable.Equipment warranties will also be considered. b. Quality of Service. Ability to provide products and service in a prompt and timely manner to the entire County,including but not limited to;providing sufficient, qualified, knowledgeable service personnel, technical and training staff and ordered equipment. Availability and ease of ordering needed consumable supplies and replacement parts. Procedures and systems for equipment record keeping.No prior history of chronically poor service or Breach of Contract. J c. Pricing Competitiveness. d. Qualifications and experience in handling accounts of similar size and scope. County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 e. Product Differentiation. Does the vendor offer product technology that is substantially unique or different from that of their competitors? Does the vendor offer any value added services not offered by their competitors? Bidders may be required to provide equipment representative of models they intend furnishing to the County for the purpose of evaluation. If requested,such equipment must be made available within ten(10)days from the date of request. Equipment being evaluated shall be in place for a minimum of five (5)working days. All equipment being evaluated must be provided to the County at no cost for the evaluation period. Vendor is responsible for all costs associated with allowing the County to adequately evaluate the equipment, including delivery, set up, training,demonstrations, supplies(excluding paper),and pickup. Selection will be based on determination of which proposal(s)will best meet the needs of the County and the requirements of this RFP. C. Contract Award Contract(s)will be awarded based on a competitive selection of proposals received. The contents of the proposal of the successful Proposer will become contractual obligations and failure to accept these obligations in a contractual agreement will result in cancellation of the award. Award of contract may or may not be on an all or nothing basis or by Dataquest segments.The County reserves the option to make award(s)as it deems to be in the best interest of the County. D. Transition Should a current Contractor not be awarded a new contract under this RFP, copier rentals from the current Contractor shall remain in effect until the normal expiration date of the rental term,at which point the user department shall be required to choose a replacement copier from a Vendor awarded a contract under this RFP.The purpose of this provision is to provide ease of transition to user departments. Current Rentals shall be revised to include consumable supplies. In order for current equipment in the County's inventory to be properly maintained, all maintenance agreements on current equipment shall remain in effect as long as the equipment covered by the maintenance agreement remains in service. Current Maintenance Agreements shall be revised to include consumable supplies. E. Disputes Relating to Proposal Process and Award In the event a dispute arises concerning the proposal process or award of the contract,the party wishing resolution of the dispute shall submit a request in writing to the Director of Purchasing.Vendor may appeal the recommended award or denial of award,provided the following stipulations are met: a. Appeal must be in writing. b. Must be submitted within ten(10)calendar days of the date of the recommended award or denial of award letters, as applicable. CAn appeal of a denial of award can only be brought on the following grounds: a. Failure of the County to follow the selection procedures and adhere to requirements specified in the RFP or any addenda or amendments. County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 b. There has been a violation of conflict of interest as provided by California Government QCode Section 87100 et seq. c. A violation of State or Federal law. Appeals will not be accepted for any other reasons than those stated above. All appeals must be sent to: Laurie Rozko,Interim Director County of San Bernardino—Purchasing Department General Services Building 777 E.Rialto Avenue San Bernardino, CA 92415-0760 The decision of the County Purchasing Director shall be deemed fmal. i 1i i i County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 California Public Records Act All information submitted in the proposal or in response to request for additional information is subject to disclosure under the provisions of the California Public Records Act, Government Code Section 6250 and following. Responses may contain financial or other data which constitutes a trade secret.To protect such data from disclosure,Vendor should specifically identify the pages that contain confidential information by properly marking the applicable pages and inserting the following notice on the front of its response: NOTICE The data on pages of this Proposal response, identified by an asterisk(*)or marked along the margin with a vertical line,contains information which are trade secrets.We request that such data be used only for the evaluation of our response,but understand that disclosure will be limited to the extent that the County of San Bernardino determines is proper under Federal, State and Local law. The proprietary or confidential data shall be readily separable from the Response in order to facilitate eventual public inspection of the non-confidential portion of the Response. ®The County assumes no responsibility for disclosure or use of unmarked data for any purpose.hi the event disclosure of properly marked data is requested, the Vendor will be advised of the request and may expeditiously submit to the County a detailed statement indicating the reasons it has for believing that the information is exempt from disclosure under Federal, State and Local law. This statement will be used by the County in making its determination as to whether or not disclosure is proper under Federal, State and Local law.The County will exercise care in applying this confidentiality standard but will not be held liable for any damage or injury which may result from any disclosure that may occur. If confidentiality cannot be maintained, the Vendor has the option of withdrawing the Response to the Proposal or advising the County of its understanding that this information will become public record. County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 Q APPENDIX A BID CHECKLIST Item Description Included 1 Signed Bid Coversheet 2 Cover Letter 3 Statement of Certification 4 Proposal Description 5 Statement of Qualifications 6 Resumes of Personnel 7 Service Technician List Matrix(Attachments B &C) 8 References(minimum of 5) 9 Proof of Certification: ISO-9001 or Malcolm Baldridge Award,ISO-14001 10 Standard Terris&Conditions of Proposed Rental Program 11 Organizational Annual Reports(last two years) 12 Audited Financial Statements(most recently complete year) 13 Copier Equipment Matrix(Attachment A) 14 Equipment Pricing Matrix (Attachments D&E) 15 Proposed Equipment Specifications 16 Copies of Insurance Certificates 17 Material Safety Data Sheets Vendor shall submit an original and ten(10) unbound copies of this Proposal. (Per Section VI Item B—Proposal © Submission.) c i i County of San Bernardino Request for Proposal K52 02/09/09 Copier&Facsimile Machines Due 03/11/09 APPENDIX B 0 0 U �z+ 3 a � a x O U � � d F z w a x U F F d X 0. F Q F z W y o a ia"' � L C �• L R d L pL r7 V] d C y T R A C a jw 7 O ad+ by W � � G V ,v_, y y Y O. �`• ` i � w. 9 �y G, Y 00 ,n C O � E ''T u .T � N r3 i.• O E y a G a � p a� L �." �;, v, C E �a F ., L L b0 E L •C 0 Z p � 7 � o d y o �✓ a ti 0 � a H r? y r a0+ � O. "' y s F R 5 b § 7 § 3 £ # , 2 ® / ( / \ ) § ƒ i / \ ; | \ ) c \ \ 2 \ ; Z } ( � § ° — ! \ J * ( 2 � / / ± / ) } \ / e � � - \ d a o � Y N a d C � O N d G M O N v C N O N U z N x U Q � F Q A F N Gl G [y w G d tQ O " � z w s a_ w � o ,y G F � � a U � x o U W 7 z w PURCHASE PRICING SHEET atm K52 MODEL DataQuest Segment igital B &W Color ' i Descriptioll/Features Equipment Pricing COST Base Model Price $ Print Capability $ Scanning $ Options Pricing $ $ j Monthly Maintenance Full coverage maintenance for equipment as listed above. Includes unlimited service call,parts,labor,drums, consumable supplies, excluding paper and staples. Allows copies per month Overage billed at$ per copy Price Per Copy$ Monthly Charge$ Color Copies billed @$ per copy Monthly Maintenance Full coverage maintenance for equipment as listed above. Includes unlimited service call,parts, labor, drums, consumable supplies,excluding paper and staples. Allows copies per month Overage billed at$ per copy Price Per Copy$ Monthly Charge$ Color Copies billed @ $ per copy Monthly Maintenance Full coverage maintenance for equipment as listed above. Includes unlimited service call,parts, labor, drums, consumable supplies, excluding paper and staples. Allows copies per month Overage billed at$ per copy Price Per Copy$ Monthly Charge $ Color Copies billed @ $ per copy ATTACHMENT D Page 1 of 2 Monthly Maintenance Full coverage maintenance for equipment as listed above. Includes unlimited service call,parts,labor,drums, © consumable supplies, excluding paper and staples. Allows copies per month Overage billed at$ per copy Price Per Copy$ Monthly Charge $ Color Copies billed @$ per copy ' Monthly Maintenance Full coverage maintenance for equipment as listed above. Includes unlimited service call,parts, labor, drums, consumable supplies, excluding paper and staples. Allows copies per month Overage billed at$ copy Price Per Copy$ Monthly Charge $ Color Copies billed @ $ per copy Monthly Maintenance Full coverage maintenance for equipment as listed above. Includes unlimited service call,parts, labor, drums, consumable supplies, excluding paper and staples. Allows copies per month Overage billed at$ per copy { Price Per Copy$ t Monthly Charge $ Color Copies billed @$ per copy I Monthly Maintenance Full coverage maintenance for equipment as listed above. Includes unlimited service call,parts,labor,drums, consumable supplies,excluding paper and staples. Allows copies per month Overage billed at$ per copy Price Per Copy$ Monthly Charge$ Color Copies billed @$ per copy Monthly Maintenance Full coverage maintenance for equipment as listed above. Includes unlimited service call,parts,labor,drums, consumable supplies,excluding paper and staples. Allows copies per month Overage billed at$ per copy Price Per Copy$ © Monthly Charge$ Color Copies billed @ $ per copy ATTACHMENT D Page 2 of 2 3 a RENTAL PRICING SHEET arr Ksz MODEL DataQuest Segment Q Digital B &W Color Description/Features 36 Month Rental Pricing Monthly Rentals to include unlimited service calls,parts, labor,drums and consumable supplies excluding paper and staples. Allows copies per month Overage billed at$ per copy Monthly Charge/Base Model $ Price Per Copy $ Monthly Charge/Networked Model $ Color Copies billed @ $ per copy 36 Month Rental Pricing Monthly Rentals to include unlimited service calls,parts, labor, drums and consumable supplies excluding paper © and staples. Allows copies per month Overage billed at$ per copy Monthly Charge/Base Model $ Price Per Copy$ Monthly Charge/Networked Model $ Color Copies billed @ $ per copy 36 Month Rental Pricin¢ Monthly Rentals to include unlimited service calls,parts,labor, drums and consumable supplies excluding paper and staples. Allows copies per month Overage billed at$ per copy Monthly Charge/Base Model $ Price Per Copy$ Monthly Charge/Networked Model $ Color Copies billed @$ per copy 36 Month Rental Pricing Monthly Rentals to include unlimited service calls,parts, labor, drums and consumable supplies excluding paper and staples. © Allows copies per month Overage billed at$ per copy Monthly Charge/Base Model $ Price Per Copy$ Monthly Charge/Networked Model $ Color Copies billed @ $ per copy ATTACHMENT E Page 1 of 2 36 Month Rental Pricing ® Monthly Rentals to include unlimited service calls,parts, labor, drums and consumable supplies excluding paper and staples. Allows copies per month Overage billed at$ per copy Monthly Charge/Base Model $ Price Per Copy$ Monthly Charge/Networked Model $ Color Copies billed @$ per copy 36 Month Rental Pricing Monthly Rentals to include unlimited service calls,parts,labor,drums and consumable supplies excluding paper and staples. Allows copies per month Overage billed at$ per copy Monthly Charge/Base Model $ Price Per Copy$ Monthly Charge/Networked Model $ Color Copies billed @$ per copy 36 Month Rental Pricing Monthly Rentals to include unlimited service calls,parts, labor, drums and consumable supplies excluding paper © and staples. Allows copies per month Overage billed at$ per copy Monthly Charge/Base Model$ Price Per Copy$ Monthly Charge/Networked Model $ Color Copies billed @ $ per copy 36 Month Rental Pricing Monthly Rentals to include unlimited service calls,parts, labor, drums and consumable supplies excluding paper and staples. Allows copies per month Overage billed at$ per copy Monthly Charge/Base Model $ Price Per Copy$ Monthly Charge/Networked Model $ Color Copies billed @$ per copy i i ATTACHMENT E Page 2 of 2 i i RFP K-52 COPIERS &FAX MACHINES QUESTIONS &ANSWERS 1. Could you please define what is meant by a"Hunting License" and if awarded the contract, does that give us exclusive rights? A—A"Hunting License"means that, if awarded a contract, you will be allowed to solicit business from County departments. Traditionally, this has been a multiple awards contract with several vendors and/or brands of equipment awarded, so this is not an exclusive contract. Having several vendors is in the County's best interest and helps to keep the contract vendors competitive throughout the term of the contract. 2. Upgrade of equipment. Can you tell me what%of your fleet maybe upgraded from past history? A—We do not maintain those kinds of records in Purchasing. Each department within the County is responsible for their own equipment. Most County departments utilize the 36 month rental program and replace their copiers every three years, although not �^ necessarily all at once. You may make an appointment with the Purchasing clerk and fir•+ come into our office to review prior year PO's. 3. May we have a bread down of the number of machines in each zone and what type of equipment are they? A—Again,we do not maintain those types of records. Over 75%of the copiers currently in use are various Konica Minolta models. The rest are various models of Sharp, Lanier and a few Xerox and older Oce models. 4. Will the County award contracts to multiple vendors carrying the same brand product? (Example: Lanier/Ricoh). A—Although we are aware that Lanier is just another label manufactured by Ricoh, we would treat this example as two different brands when making award(s). However, in the case of two different vendors proposing the same brand,we may choose only one vendor. 5. Rentals: a. Rental Program, if a vendor does not provide a true rental program as requested in the RFP, can they still be awarded the contract?Example: Purchase pricing only. And to use the County Master Lease. A. — Each vendor must provide a true rental program as called for in the RFP. b. Lease-Purchase: We understand the County uses the County's Master Lease Program,but what does third party agreement with end of term buy out mean? A—The"third party" is the County's contracted leasing agent. Departments utilizing this option for equipment are usually offered the option of owning the equipment at the end of the lease for a minimal sum. 6. References: Will you accept references from outside the 5 zones? A—The 5 zones you refer to are service areas within the County of San Bernardino. References may be from any local(no San Bernardino County departments), state or federal government entity or large private corporations. 7. Pricing proposal: Does the statement"vendors are to provide separate quotes for both network compatible and non-network copiers mean separate quote on analog versus digital? A—This is probably an oversight on our part. Does anyone even make analog copiers nowadays? The County has only been using digital copiers for some time now. 8. Copiers: Is the County still going to continue the basic current configurations of machines used by all departments? Example: Base machine (Print, Scan Speed 70ppm), 60 GB Memory to meet County band width, Reversing Feeder, Duplexing, 3650 Sheets of paper on line,Finishing ( 2 & 3 Hole Punch/Multi Position Stapling). A—Yes. Most departments use this configuration. 9. Will the County pay for devices that have to be Net-worked on multi work stations? Or will this have to be built into the Rental Program? A— The County will not pay extra for this service, so it should be factored into your pricing. 10. Training: Will the Vendor have to provide a dedicated end user training program after the machines have been installed and net-worked? Will the County pay for any of these services? Will the Vendor have to provide training for the term of the contract? A—The vendor(s) is expected to train the end user(s) on how to operate their equipment. This usually occurs on site after delivery and installation. The County has typically not paid for this service, as we consider it a cost of doing business and simply good customer service on the vendor's part. Vendors are expected to train the County personnel within a County office whenever a new copier is placed in that office. 11. In reference to "Master Lease Agreement",what are the terms and conditions of this agreement? A—The County's Master Lease Agreement pertains to Lease-Purchases of equipment. A department may utilize this if they do not have funds budgeted for the outright purchase of fixed assets or other equipment. As far as you are concerned, you would handle like any other purchase, only the funds will come from the County's © contracted lease-purchase agent, who purchases the machine on behalf of the County. The County department then makes lease-purchase payments to the lease-purchase agent. The County is not interested in any other lease-purchase agreement offers from this RFP, as the Master Lease Agreement is subject to a separately bid contract. i a z 1 RFP K-52 COPIERS & FACSIMILE MACHINES Due March 11`h, 2009 @ 2:00 PM PST 1. RFP K-52 was released on January 29`h , 2009.Notices were mailed to approximately 29 vendors and the RFP was posted on the County website. 2. Mandatory Pre-Bid Meeting was held at Purchasing on February 25`h, 2009. There were twenty(20)Vendors in attendance, thereby eligible to participate. 3. Proposals were received from the following Vendors by the deadline listed in the RFP: 1) Konica Minolta Business Solutions— San Bernardino 2) Advanced Copy Systems— San Bernardino 3) Cook/Arthur Inc. —Upland 4) GST Inc.—Redlands 5) Ricoh Business Systems—Ontario 6) SIGMAnet, Inc. —Ontario 7) IKON Business Solutions—Redlands 8) Toshiba Business Solutions—Rancho Cucamonga/Irvine 9) Image W Systems—Burbank, CA 10) Oce Imagistics dba Oce North America—Ontario 11) MWB Business Systems—Ontario 12) Xerox Corporation—Santa Ana 13) Canon Business Solutions—Burlington, NJ 4. Reliable Office Solutions,Riverside CA submitted their proposal at 2:05 PM on March 11`h, 2009 and was marked LATE! The RFP clearly stated that late proposals would not be accepted. This was reiterated during the Pre-Bid Meeting. 5. The following Vendors attended the Pre-Bid Meeting but did not submit proposals: 1) Burtronics Business Systems 2) BMC Inc. 3) Kyocera Mita 4) Image Source 5) OKI Data 6) OfficeWorks/Desert Stationers 6. After preliminary review of the proposals received and pricing recap,the following vendors are disqualified for the reasons specified: 1) SIGMAnet—Incomplete Proposal: 1. Vendor failed to provide pricing for volume bands requested(page 13 of RFP), 2. Vendor failed to provide proof of ISO-9001 and ISO-14001 certification. 2) OCE North America—Incomplete Proposal: 1. Vendor failed to provide Purchase Pricing per RFP instructions, even though they reference it, 2. Vendor proposes their own Terms &Conditions which are unacceptable to the County.* (see below for more detail) 3. Vendor failed to provide pricing on Rentals for all volume bands requested. i 3) GST—Incomplete Proposal: 1. Vendor failed to provide rental and maintenance pricing for volume bands as directed by the RFP ; 2. Vendor failed to provide specifications sheets on products bid as requested by the RFP. 7. Note: Image IV, although not disqualified,proposed higher pricing on Konica- Minolta copiers than Konica-Minolta Business Solutions. 8. After evaluation of proposals with emphasis on pricing and service capabilities, recommendation is that the following Vendors be awarded contracts for copiers and/or facsimile machines, including supplies and maintenance of same: 1. Konica-Minolta Business Solutions: Konica-Minolta Copiers and Fax Machines. Konica-Minolta is low bidder for Minolta copiers. Vendor also proposes adding staples to both Rental and Maintenance programs, in addition to toner. 2. Advanced Copy Systems: Sharp Copiers and Fax Machines. Low Bidder for Sharp. 3. Cook-Arthur: Muratec and Panasonic Fax Machines 4. Toshiba Business Solutions: Toshiba Copiers © 5. Xerox Corporation: Xerox Copiers. Bid a larger range of copier models than MWB,however some of their pricing is higher. 6. Canon Business Solutions: Canon Copiers 7. Ricoh Business Systems: Ricoh Copiers 8. Ikon Business Solutions: Ricoh Copiers 9. MWB Business Systems: Xerox Copiers only. 9. As previously,Rentals will be for a term of 36 months and includes all service, parts and consumable supplies with the exception of paper and staples. All maintenance agreements for County owned copiers also includes service,parts and consumable supplies with the exception of paper and staples. 10. Approval of this recommendation will allow County departments to choose from a wide selection of brands,models and types of equipment, with purchase, lease- puchase and rental options for all the equipment awarded to the recommended vendors. 11. The term for each agreement is for three(3) years, and includes the right to terminate for non-performance with 30 days notice, or for any reason with 60 days notice. 12. On April 281h, 2009 the San Bernardino County Board of Supervisors awarded contracts to the vendors recommended by Purchasing. i f * Oce North America, in their proposal, substitutes their own Master Agreement terms &conditions for the County's terms & conditions as outlined in the County's RFP. This is unacceptable and the County has established a precedent for rejecting such proposals. Some of the more egregious conflicts are as follows: 1. County RFP calls for only NEW equipment,the term"new"being understood in its normal vernacular usage. Oce states that they may provide whatever they deem to provide including refurbished, remanufactured or used equipment. 2. Oce states that they may"Once every twelve month period, adjust pricing for Service Charges", "office equipment increases may exceed 15%", and they may"assess a fuel surcharge to offset increases in fuel expenses". 3. Oce states that the County would be responsible for all taxes,however, the RFP clearly states that equipment property taxes paid by the vendor are the responsibility of the vendor. 4. Oce states "Any Customer terms in any order(s) or purchase order(s), which are additional to and/or inconsistent with the provisions of this Agreement (Oce's Master Agreement), shall be of no force and effect and �i shall not be binding upon Oce. 5. Cancellation: Oce's cancellation clause is in conflict with that set forth in the County's RFP. Oce states, "Customer shall pay Oce within thirty days of such cancellation or termination a cancellation fee equal to the unpaid total Monthly Charges including cost per copy charges based upon usage for the prior quarter, for the balance of its Unit Rental Term,plus any additional amounts due under this Agreement pertaining to such unit." County would also assume the cost of returning units to Oce. 6. Primary Supplier: Oce states, "Customer acknowledges that pricing is based on Oce being its Primary Supplier. The tern"Primary Supplier" means that Customer will satisfy all of its copier, printer, facsimile and multifunctional equipment (as applicable)needs through acquisition of these products from Oce," also "Customer agrees to replace currently installed non-Oce equipment with Oce Product(s) at the end of the current rental or lease term for same if Customer continues to require such equipment at that location." UPDATE: After further consideration, Oce has agreed to accept the County's terms & conditions. Oce has subsequently been added to the contract. f ii * Oce North America, in their proposal, substitutes their own Master Agreement terms &conditions for the County's terms & conditions as outlined in the County's RFP. This is unacceptable and the County has established a precedent for rejecting such proposals. Some of the more egregious conflicts are as follows: 1. County RFP calls for only NEW equipment, the term"new"being understood in its normal vernacular usage. Oce states that they may provide whatever they deem to provide including refurbished, remanufactured or used equipment. 2. Oce states that they may"Once every twelve month period, adjust pricing for Service Charges", "office equipment increases may exceed 15%", and they may"assess a fuel surcharge to offset increases in fuel expenses". 3. Oce states that the County would be responsible for all taxes, however, the RFP clearly states that equipment property taxes paid by the vendor are the responsibility of the vendor. 4. Oce states "Any Customer terms in any order(s) or purchase order(s), which are additional to and/or inconsistent with the provisions of this Agreement (Oce's Master Agreement), shall be of no force and effect and shall not be binding upon Oce. 5. Cancellation: Oce's cancellation clause is in conflict with that set forth in the County's RFP. Oce states, "Customer shall pay Oce within thirty days of such cancellation or termination a cancellation fee equal to the unpaid total Monthly Charges including cost per copy charges based upon usage for the prior quarter, for the balance of its Unit Rental Tenn, plus any additional amounts due under this Agreement pertaining to such unit." County would also assume the cost of returning units to Oce. 6. Primary Supplier: Oce states, "Customer acknowledges that pricing is based on Oce being its Primary Supplier. The term"Primary Supplier" means that Customer will satisfy all of its copier,printer, facsimile and multifunctional equipment (as applicable) needs through acquisition of these products from Oce," also"Customer agrees to replace currently installed non-Oce equipment with Oce Product(s) at the end of the current rental or lease term for same if Customer continues to require such equipment at that location." 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B - 4 Ikon B - 5 Konica Minolta B - 6 MWB Business Systems B - 7 Ricoh Business Systems B - 8 Toshiba B - 9 Xerox Attachment B - 1 i 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 19h day of April 2010,by and between 3 Advanced Copy Systems ("VENDOR") and the City of San Bernardino ("CITY" or "San 4 Bernardino"). 5 WITNESSETH: 6 WHEREAS,the Mayor and Common Council has determined that it is advantageous and in 7 the best interest of the CITY to acquire copier and related items and services pursuant to Section 8 3.04.010 B.2. of the Municipal Code which authorizes the CITY to utilize the bids for supplies, 9 materials and equipment where another governmental agency has established a price at which a 10 vendor is willing to sell to the CITY; and 11 WHEREAS, the County of San Bernardino did solicit and accept proposals and bids from a 12 number of vendors of such copier and related items and services; and 13 WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and 14 authorized by the County of San Bernardino to provide such copier and related items and services. 15 NOW,THEREFORE, the parties hereto agree as follows: 16 1. SCOPE OF SERVICES. 17 For the remuneration stipulated,San Bernardino hereby engages the services of VENDOR to 18 provide those products and services as set forth in Exhibit "A" to Resolution No. 19 "Request for Proposal, County of San Bernardino', dated April 28, 2009. 20 2. COMPENSATION AND EXPENSES. 21 a. For the services delineated above, the CITY,upon presentation of an invoice, shall 22 pay the VENDOR the amount of(see attached Resolution,Exhibit A)for(see attached Resolution, 23 Exhibit A). 24 b. No other expenditures made by VENDOR shall be reimbursed by CITY, 25 26 27 1 1 3. TERM; SEVERABILITY. 2 The tern of this Agreement is for a period of three year(s), commencing July 1, 2010 3 through June 30, 2013 (with the option of two one-year extensions) on a month to month basis. 4 This Agreement may be terminated at any time by thirty(30) days written notice by either 5 party. The terms of this Agreement shall remain in force unless mutually amended. The duration of 6 this Agreement may be extended with the written consent of both parties. 7 4. INDEMNITY. 8 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers ' 9 from any and all claims,actions,or losses,damages and/or liability resulting from CITY's negligent 3 10 acts or omissions arising from the CITY's performance of its obligations under the Agreement. j 11 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 12 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from a13 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations 14 under the Agreement. 15 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any 16 claim,action,loss,or damage which results from their respective obligations under the Agreement, 17 the CITY and/or VENDOR shall indemnify the other to the extent of its comparative fault. 18 5. INSURANCE. 19 While not restricting or limiting the forgoing,during the term of this Agreement,VENDOR 20 shall maintain in effect policies of comprehensive public,general and automobile liability insurance, 21 in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation 22 coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking 23 any work under this Agreement . CITY shall be set forth as an additional named insured in each 24 policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall 25 require the insurer to notify CITY of any change or termination in the policy. 26 27 2 1 6. NON-DISCRIMINATION. 2 hi the performance of this Agreement and in the hiring and recruitment of employees, 3 VENDOR shall not discriminate on the basis of race,creed,color,religion,sex,physical handicap, 4 ethnic background or country of origin. 5 7. INDEPENDENT CONTRACTOR. 6 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 7 purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. 8 VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, 9 Social Security,State Disability Insurance Compensation,Unemployment Compensation,and other 10 payroll deductions for VENDOR and its officers,agents,and employees,and all business licenses,if 11 any are required, in connection with the services to be performed hereunder. 12 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. G13 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 14 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 15 qualifications, insurance and approval of whatever nature that are legally required of VENDOR to 9 16 practice its business or profession. 17 9. NOTICES. 18 Any notice to be given pursuant to this Agreement shall be deposited with the United States 19 Postal Service,postage prepaid and addressed as follows: 20 TO THE CITY: City Purchasing Manager 21 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5242 1 22 i 23 TO THE VENDOR: Advanced Copy Systems 24 571 E. Redlands Blvd. San Bernardino CA 92408 i i 25 26 i 27 3 1 10. ATTORNEYS' FEES 2 In the event that litigation is brought by any party in connection with this Agreement, the 3 prevailing party shall be entitled to recover from the opposing party all costs and expenses,including 4 reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or 5 remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The 6 costs, salary and expenses of the City Attorney and members of his office in enforcing this 7 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this 8 paragraph. 9 11. ASSIGNMENT. 10 VENDOR shall not voluntarily or by operation of law assign,transfer,sublet or encumber all 11 or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any 12 attempted assignment,transfer,subletting or encumbrance shall be void and shall constitute a breach 13 of this Agreement and cause for the tertnination of this Agreement. Regardless of CITY's consent, 14 no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other 15 obligations to be performed by VENDOR hereunder for the term of this Agreement. 16 12. VENUE. 17 The parties hereto agree that all actions or proceedings arising in connection with this 18 Agreement shall be tried and litigated either in the State courts located in the County of San 19 Bernardino, State of California or the U.S. District Court for the Central District of California, 20 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 21 mandatory and not permissive in nature. 22 13. GOVERNING LAW. 23 This Agreement shall be governed by the laws of the State of California. 24 14. SUCCESSORS AND ASSIGNS. 25 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 26 and their respective heirs,representatives, successors, and assigns. 27 4 1 15. HEADINGS. 2 The subject headings of the sections of this Agreement are included for the purposes of 3 convenience only and shall not affect the construction or the interpretation of any of its provisions. 4 16. ENTIRE AGREEMENT; MODIFICATION. 5 This Agreement constitutes the entire agreement and the understanding between the parties, 6 and supercedes any prior agreements and understandings relating to the subject manner of this 7 Agreement. This Agreement maybe modified or amended only by a written instrument executed by 8 all parties to this Agreement. 9 // 10 // 11 // 12 13 14 15 16 // 17 // 18 // 19 20 21 // 22 // 23 // 24 // 25 // 26 // 27 5 I IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and 2 date set forth below. 3 Dated: 2010 ADVANCED COPY SYSTEMS 4 By: 5 Its: 6 7 8 Dated 12010 CITY OF SAN BERNARDINO 9 By: 10 Charles McNeely, City Manager 11 Approved as to Form: 12 ® JAMES F. PENMAN, 13 City Attorney 14 i 15 J ameg F. P nman, City Attorney E 16 17 18 19 20 I 21 22 23 I ! 24 25 26 27 6 -,, Copier agreement for FY 09/10 Attachment B - 2 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 19''day of April 2010,by and between 3 Canon("VENDOR") and the City of San Bernardino ("CITY" or"San Bernardino"). 4 WITNESSETH: 5 WHEREAS,the Mayor and Common Council has determined that it is advantageous and in 6 the best interest of the CITY to acquire copier and related items and services pursuant to Section 7 3.04.010 B.2. of the Municipal Code which authorizes the CITY to utilize the bids for supplies, 8 materials and equipment where another governmental agency has established a price at which a 1 9 vendor is willing to sell to the CITY; and j 10 WHEREAS, the County of San Bernardino did solicit and accept proposals and bids from a j11 number of vendors of such copier and related items and services; and 12 WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and 3 © 13 authorized by the County of San Bernardino to provide such copier and related items and services. 14 NOW,THEREFORE,the parties hereto agree as follows: 15 1. SCOPE OF SERVICES. 16 For the remuneration stipulated,San Bernardino hereby engages the services of VENDOR to 17 provide those products and services as set forth in Exhibit"A" to Resolution No. 18 "Request for Proposal, County of San Bernardino", dated April 28,2009. 19 2. COMPENSATION AND EXPENSES. 20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 21 pay the VENDOR the amount of(see attached Resolution,Exhibit A)for(see attached Resolution, 22 Exhibit A). 23 b. No other expenditures made by VENDOR shall be reimbursed by CITY, 24 25 26 27 1 1 3. TERM; SEVERABILITY. 2 The term of this Agreement shall be fora period of three year(s),commencing July 1, 2010 3 through June 30, 2013 (with the option of two one-year extensions) on a month to month basis. 4 This Agreement may be terminated at any time by thirty(30) days written notice by either 5 party. The terms of this Agreement shall remain in force unless mutually amended. The duration of 6 this Agreement may be extended with the written consent of both parties. 7 4. INDEMNITY. 8 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers 9 from any and all claims,actions,or losses,damages and/or liability resulting from CITY's negligent 10 acts or omissions arising from the CITY's performance of its obligations under the Agreement. 11 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 12 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 13 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations 14 under the Agreement. 15 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any 16 claim,action, loss,or damage which results from their respective obligations under the Agreement, 17 the CITY and/or VENDOR shall indemnify the other to the extent of its comparative fault. 18 5. INSURANCE. 19 While not restricting or limiting the forgoing,during the term of this Agreement,VENDOR 20 shall maintain in effect policies of comprehensive public,general and automobile liability insurance, 21 in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation 22 coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking 23 any work under this Agreement . CITY shall be set forth as an additional named insured in each 24 policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall 25 require the insurer to notify CITY of any change or termination in the policy. 26 27 2 1 6. NON-DISCRIMINATION. 2 In the performance of this Agreement and in the hiring and recruitment of employees, 3 VENDOR shall not discriminate on the basis of race,creed,color,religion, sex,physical handicap, 4 ethnic background or country of origin. s i 5 7. INDEPENDENT CONTRACTOR 3 6 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 1 7 purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. s : 8 VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, 9 Social Security,State Disability Insurance Compensation,Unemployment Compensation,and other 10 payroll deductions for VENDOR and its officers,agents,and employees,and all business licenses,if 11 any are required, in connection with the services to be performed hereunder. 12 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 13 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 14 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 15 qualifications, insurance and approval of whatever nature that are legally required of VENDOR to 16 practice its business or profession. 17 9. NOTICES. 18 Any notice to be given pursuant to this Agreement shall be deposited with the United States 19 Postal Service,postage prepaid and addressed as follows: 20 TO THE CITY: City Purchasing Manager 300 North"D" Street 21 San Bernardino, CA 92418 22 Telephone: (909) 384-5242 23 TO THE VENDOR: Canon 10608 Trademark Parkway North 24 Rancho Cucamonga CA 91730 25 26 27 3 1 10. ATTORNEYS' FEES 2 In the event that litigation is brought by any party in connection with this Agreement, the 3 prevailing party shall be entitled to recover from the opposing party all costs and expenses,including 4 reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or 5 remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The 6 costs, salary and expenses of the City Attorney and members of his office in enforcing this 7 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this 8 paragraph. 9 11. ASSIGNMENT. 10 VENDOR shall not voluntarily or by operation of law assign,transfer,sublet or encumber all 11 or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any 12 attempted assignment,transfer,subletting or encumbrance shall be void and shall constitute a breach r+' 13 of this Agreement and cause for the-termination of this Agreement. Regardless of CITY's consent, 14 no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other i 15 obligations to be performed by VENDOR hereunder for the term of this Agreement. 16 12. VENUE. 17 The parties hereto agree that all actions or proceedings arising in connection with this 18 Agreement shall be tried and litigated either in the State courts located in the County of San 19 Bernardino, State of California or the U.S. District Court for the Central District of California, 20 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 21 mandatory and not permissive in nature. 22 13. GOVERNING LAW. 23 This Agreement shall be governed by the laws of the State of California. 24 14. SUCCESSORS AND ASSIGNS. 25 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 26 and their respective heirs, representatives, successors, and assigns. 27 4 1 15. HEADINGS. 2 The subject headings of the sections of this Agreement are included for the purposes of 3 convenience only and shall not affect the construction or the interpretation of any of its provisions. 4 16. ENTIRE AGREEMENT; MODIFICATION. 5 This Agreement constitutes the entire agreement and the understanding between the parties, 6 and supercedes any prior agreements and understandings relating to the subject manner of this 7 Agreement. This Agreement maybe modified or amended only by a written instrument executed by 8 all parties to this Agreement. 9 10 11 // 12 // 13 14 // 15 // 16 17 18 !/ 19 // 20 // 21 // 22 // 23 // 24 // 25 26 // 27 5 1 IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and 2 date set forth below. Dated: 12010 CANON. 3 4 By: 5 Its: 6 7 Dated 2010 CITY OF SAN BERNARDINO 8 9 By: 10 Charles McNeely, City Manager 11 12 Approved as to Form: 13 JAMES F. PENMAN, 14 City Attorney 15 1 16 BY• an, City Attorn James . P ey 17 18 19 20 21 22 23 24 25 26 27 6 Copier Agreement for FY 09/10 I Attachment B -3 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 198'day of April 2010,by and between 3 Cook/Arthur Inc ("VENDOR") and the City of San Bernardino ("CITY" or"San Bernardino"). 4 WITNESSETH: 5 WHEREAS,the Mayor and Common Council has determined that it is advantageous and in 6 the best interest of the CITY to acquire copier and related items and services pursuant to Section 7 3.04.010 B.2. of the Municipal Code which authorizes the CITY to utilize the bids for supplies, 8 materials and equipment where another governmental agency has established a price at which a 9 vendor is willing to sell to the CITY; and 10 WHEREAS, the County of San Bernardino did solicit and accept proposals and bids from a 11 number of vendors of such copier and related items and services; and 12 WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and �✓ 13 authorized by the County of San Bernardino to provide such copier and related items and services. 14 NOW,THEREFORE, the parties hereto agree as follows: 15 1. SCOPE OF SERVICES. 16 For the remuneration stipulated,San Bernardino hereby engages the services of VENDOR to 17 provide those products and services as set forth in Exhibit "A" to Resolution No. 18 "Request for Proposal, County of San Bernardino", dated April 28,2009. 19 2. COMPENSATION AND EXPENSES. 20 a. For the services delineated above, the CITY,upon presentation of an invoice, shall 21 pay the VENDOR the amount of(see attached Resolution,Exhibit A) for(see attached Resolution 22 Exhibit A). 23 b. No other expenditures made by VENDOR shall be reimbursed by CITY, 24 25 26 27 1 c 1 3. TERM; SEVERABILITY. 2 The term of this Agreement shall be for a period of three year(s)commencing July 1,2010 3 through June 30, 2013 (with the option of two one-year extensions) on a month to month basis. 4 This Agreement may be terminated at any time by thirty (30) days written notice by either 5 party. The terms of this Agreement shall remain in force unless mutually amended. The duration of 6 this Agreement may be extended with the written consent of both parties. 7 4. INDEMNITY. 8 CITY agrees to indemnify and hold harmless VENDOR,its officers, agents and volunteers 9 from any and all claims,actions,or losses,damages and/or liability resulting from CITY's negligent 10 acts or omissions arising from the CITY's performance of its obligations under the Agreement. 11 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 12 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 13 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations 14 under the Agreement. 15 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any 16 claim,action, loss,or damage which results from their respective obligations under the Agreement, 17 the CITY and/or VENDOR shall indemnify the other to the extent of its comparative fault. 18 5. INSURANCE. 19 While not restricting or limiting the forgoing,during the term of this Agreement,VENDOR 20 shall maintain in effect policies of comprehensive public,general and automobile liability insurance, 21 in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation 22 coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking 23 any work under this Agreement . CITY shall be set forth as an additional named insured in each 24 policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall 25 require the insurer to notify CITY of any change or termination in the policy. 26 27 2 1 6. NON-DISCRIMINATION. 2 In the performance of this Agreement and in the hiring and recruitment of employees, 3 VENDOR shall not discriminate on the basis of race,creed,color,religion,sex,physical handicap, 4 ethnic background or country of origin. 5 7. INDEPENDENT CONTRACTOR 6 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 7 purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. 8 VENDOR shall secure, at its expense, and be responsible for any and all payment of hicome Tax, 9 Social Security,State Disability Insurance Compensation,Unemployment Compensation,and other 10 payroll deductions for VENDOR and its officers,agents,and employees,and all business licenses,if 11 any are required,in connection with the services to be performed hereunder. 12 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 13 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 14 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 15 qualifications, insurance and approval of whatever nature that are legally required of VENDOR to 16 practice its business or profession. 17 9. NOTICES. 18 Any notice to be given pursuant to this Agreement shall be deposited with the United States 19 Postal Service,postage prepaid and addressed as follows: 20 TO THE CITY: City Purchasing Manager 300 North "D" Street 21 San Bernardino, CA 92418 22 Telephone: (909) 384-5242 23 TO THE VENDOR: Cook/Arthur Inc 1182 N. Monte Vista Ave Ste 15 24 Upland CA 91786 25 26 27 3 1 10. ATTORNEYS' FEES 2 In the event that litigation is brought by any party in connection with this Agreement, the 3 prevailing party shall be entitled to recover from the opposing party all costs and expenses,including 4 reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or 5 remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The 6 costs, salary and expenses of the City Attorney and members of his office in enforcing this 7 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this 8 paragraph. 9 11. ASSIGNMENT. 10 VENDOR shall not voluntarily or by operation of law assign,transfer,sublet or encumber all 11 or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any 12 attempted assignment,transfer,subletting or encumbrance shall be void and shall constitute a breach 13 of this Agreement and cause for the•terinination of this Agreement. Regardless of CITY's consent, 14 no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other 15 obligations to be performed by VENDOR hereunder for the term of this Agreement. 16 12. VENUE. 17 The parties hereto agree that all actions or proceedings arising in connection with this 18 Agreement shall be tried and litigated either in the State courts located in the County of San 19 Bernardino, State of California or the U.S. District Court for the Central District of California, 20 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 21 mandatory and not permissive in nature. 22 13. GOVERNING LAW. 23 This Agreement shall be governed by the laws of the State of California. 24 14. SUCCESSORS AND ASSIGNS. (� 25 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 26 and their respective heirs,representatives, successors, and assigns. 27 4 1 15. HEADINGS. 2 The subject headings of the sections of this Agreement are included for the purposes of 3 convenience only and shall not affect the construction or the interpretation of any of its provisions. 4 16. ENTIRE AGREEMENT; MODIFICATION. 5 This Agreement constitutes the entire agreement and the understanding between the parties, 6 and supercedes any prior agreements and understandings relating to the subject manner of this 7 Agreement. This Agreement maybe modified or amended only by a written instrument executed by i 8 all parties to this Agreement. 9 4 10 // 3 11 // i 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // Q 26 // 27 5 I IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and 2 date set forth below. 3 Dated: 12010 COOK/ARTHUR INC. 4 By: 5 6 Its: 7 8 Dated 2010 CITY OF SAN BERNARDINO 9 By: 10 Charles McNeely, City Manager 11 12 13 Approved as to Form: JAMES F. PENMAN, 14 City Attorney 15 16 B 17 James . Pe an, City Attorney 18 19 20 21 22 23 24 25 26 27 6 Copier Agreement for FY 09/10 Attachment B - 4 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 19a'day of April 2010,by and between 3 Ikon("VENDOR") and the City of San Bernardino ("CITY"or"San Bernardino'). 4 WITNESSETH: 5 WHEREAS,the Mayor and Common Council has determined that it is advantageous and in 6 the best interest of the CITY to acquire copier and related items and services pursuant to Section 7 3.04.010 B.2. of the Municipal Code which authorizes the CITY to utilize the bids for supplies, 8 materials and equipment where another governmental agency has established a price at which a 9 vendor is willing to sell to the CITY; and 10 WHEREAS, the County of San Bernardino did solicit and accept proposals and bids from a 11 number of vendors of such copier and related items and services; and 12 WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and 13 authorized by the County of San Betardino to provide such copier and related items and services. 14 NOW,THEREFORE, the parties hereto agree as follows: 15 1. SCOPE OF SERVICES. 16 For the remuneration stipulated,San Bernardino hereby engages the services of VENDOR to 17 provide those products and services as set forth in Exhibit"A"to Resolution No. 18 "Request for Proposal,County of San Bernardino', dated April 28, 2009. 1 19 2. COMPENSATION AND EXPENSES. 20 a. For the services delineated above, the CITY,upon presentation of an invoice, shall i 21 pay the VENDOR the amount of(see attached Resolution,Exhibit A) for(see attached Resolution 22 Exhibit A). '+ 23 b. No other expenditures made by VENDOR shall be reimbursed by CITY, i 24 �^ 25 �✓ 26 27 1 1 3. TERM; SEVERABILITY. 2 The term of this Agreement shall be for a period of three year(s)commencing July 1, 2010 3 through June 30, 2013 (with the option of two one-year extensions) on a month to month basis. 4 This Agreement may be terminated at any time by thirty(30) days written notice by either 5 party. The terms of this Agreement shall remain in force unless mutually amended. The duration of 6 this Agreement may be extended with the written consent of both parties. 7 4. INDEMNITY. 8 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers 9 from any and all claims,actions,or losses,damages and/or liability resulting from CITY's negligent 10 acts or omissions arising from the CITY's performance of its obligations under the Agreement. 11 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 12 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 13 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations 14 under the Agreement. 15 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any 16 claim,action, loss,or damage which results from their respective obligations under the Agreement, 17 the CITY and/or VENDOR shall indemnify the other to the extent of its comparative fault. 18 5. INSURANCE. 19 While not restricting or limiting the forgoing,during the term of this Agreement,VENDOR 20 shall maintain in effect policies of comprehensive public,general and automobile liability insurance, 21 in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation 22 coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking 23 any work under this Agreement . CITY shall be set forth as an additional named insured in each 24 policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall 25 require the insurer to notify CITY of any change or termination in the policy. 26 27 2 1 6. NON-DISCRIMINATION. 2 In the performance of this Agreement and in the hiring and recruitment of employees, 3 VENDOR shall not discriminate on the basis of race,creed,color,religion, sex,physical handicap, 4 ethnic background or country of origin. 5 7. INDEPENDENT CONTRACTOR 6 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 7 purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. 8 VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, 9 Social Security,State Disability Insurance Compensation,Unemployment Compensation,and other 10 payroll deductions for VENDOR and its officers,agents,and employees,and all business licenses,if 11 any are required, in connection with the services to be performed hereunder. 12 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 13 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 14 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 15 qualifications,insurance and approval of whatever nature that are legally required of VENDOR to 16 practice its business or profession. 17 9. NOTICES. 18 Any notice to be given pursuant to this Agreement shall be deposited with the United States 19 Postal Service,postage prepaid and addressed as follows: 20 TO THE CITY: City Purchasing Manager 300 North"D" Street 21 San Bernardino, CA 92418 22 Telephone: (909) 384-5242 23 TO THE VENDOR: Ikon 25834 Business Center Drive 24 Redlands CA 92374-2835 25 26 27 3 1 10. ATTORNEYS' FEES 2 In the event that litigation is brought by any party in connection with this Agreement, the 3 prevailing party shall be entitled to recover from the opposing party all costs and expenses,including 4 reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or 5 remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof The 6 costs, salary and expenses of the City Attorney and members of his office in enforcing this 7 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this 8 paragraph. 9 11. ASSIGNMENT. 10 VENDOR shall not voluntarily or by operation of law assign,transfer,sublet or encumber all 11 or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any 12 attempted assignment,transfer,subletting or encumbrance shall be void and shall constitute a breach 13 of this Agreement and cause for the4ermination of this Agreement. Regardless of CITY's consent, 14 no subletting or assignment shall release VENDOR of VENDOR!s obligation to perform all other 15 obligations to be performed by VENDOR hereunder for the term of this Agreement. 16 12. VENUE. 17 The parties hereto agree that all actions or proceedings arising in connection with this 18 Agreement shall be tried and litigated either in the State courts located in the County of San 19 Bernardino, State of California or the U.S. District Court for the Central District of California, 20 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 21 mandatory and not permissive in nature. 22 13. GOVERNING LAW. 23 This Agreement shall be governed by the laws of the State of California. 24 14. SUCCESSORS AND ASSIGNS. 25 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 26 and their respective heirs,representatives, successors, and assigns. 27 4 1 15. HEADINGS. 2 The subject headings of the sections of this Agreement are included for the purposes of 3 convenience only and shall not affect the construction or the interpretation of any of its provisions. 4 16. ENTIRE AGREEMENT; MODIFICATION. 5 This Agreement constitutes the entire agreement and the understanding between the parties, 6 and supercedes any prior agreements and understandings relating to the subject manner of this 7 Agreement. This Agreement maybe modified or amended only by a written instniment executed by 8 all parties to this Agreement. 9 10 Il // 12 13 14 15 16 17 18 19 20 21 22 // 23 // 24 // 25 // 26 27 5 i 1 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 2 date set forth below. Dated: 2010 IKON. 3 4 By: 5 Its: 6 7 8 Dated 12010 CITY OF SAN BERNARDINO 9 By: 10 Charles McNeely, City Manager 11 * 12 Approved as to Form: �✓ 13 JAMES F. PENMAN, 14 City Attorney 15 B 16 James F. Pe a City Attorne 17 18 19 20 21 22 23 24 25 26 27 6 Copier Agreement for FY 09/10 Attachment B - 5 I VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 196,day of April 2010,by and between 3 Konica-Minolta("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). 4 WITNESSETH: 5 WHEREAS,the Mayor and Common Council has determined that it is advantageous and in 6 the best interest of the CITY to acquire copier and related items and services pursuant to Section 7 3.04.010 B.2. of the Municipal Code which authorizes the CITY to utilize the bids for supplies, 8 materials and equipment where another governmental agency has established a price at which a 9 vendor is willing to sell to the CITY; and 10 WHEREAS, the County of San Bernardino did solicit and accept proposals and bids from a 11 number of vendors of such copier and related items and services; and 12 WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and C13 authorized by the County of San Bernardino to provide such copier and related items and services. 14 NOW,THEREFORE, the parties hereto agree as follows: 15 1. SCOPE OF SERVICES. 16 For the remuneration stipulated,San Bernardino hereby engages the services of VENDOR to 17 provide those products and services as set forth in Exhibit"A" to Resolution No. 18 "Request for Proposal, County of San Bernardino", dated April 28, 2009, 19 2. COMPENSATION AND EXPENSES. 20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 21 pay the VENDOR the amount of(see attached Resolution,Exhibit A) for(see attached Resolution 22 Exhibit A). 23 b. No other expenditures made by VENDOR shall be reimbursed by CITY, 24 25 26 27 l 1 3. TERM; SEVERABILITY. 2 The term of this Agreement shall be for a period of three year(s) commencing July 1, 2010 3 through June 30, 2013 (with the option of two one-year extensions) on a month to month basis. 4 This Agreement may be terminated at any time by thirty(30) days written notice by either 5 party. The terms of this Agreement shall remain in force unless mutually amended. The duration of 6 this Agreement may be extended with the written consent of both parties. 7 4. INDEMNITY. 8 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers 9 from any and all claims,actions,or losses,damages and/or liability resulting from CITY's negligent 10 acts or omissions arising from the CITY's performance of its obligations under the Agreement. 11 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 12 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 13 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations 14 under the Agreement. 15 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any 16 claim,action,loss,or damage which results from their respective obligations under the Agreement, 17 the CITY and/or VENDOR shall indemnify the other to the extent of its comparative fault. 18 5. INSURANCE. 19 While not restricting or limiting the forgoing,during the term of this Agreement,VENDOR 20 shall maintain in effect policies of comprehensive public,general and automobile liability insurance, 21 in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation 22 coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking 23 any work under this Agreement . CITY shall be set forth as an additional named insured in each 24 policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall 25 require the insurer to notify CITY of any change or termination in the policy. 26 27 2 i 1 6. NON-DISCRIMINATION. 2 In the performance of this Agreement and in the hiring and recruitment of employees, 3 VENDOR shall not discriminate on the basis of race,creed,color,religion,sex,physical handicap, 4 ethnic background or country of origin. 5 7. INDEPENDENT CONTRACTOR. 6 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 7 purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. i 8 VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, 9 Social Security, State Disability Insurance Compensation,Unemployment Compensation,and other 10 payroll deductions for VENDOR and its officers,agents,and employees,and all business licenses,if 11 any are required,in connection with the services to be performed hereunder. 12 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 13 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 14 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 15 qualifications,insurance and approval of whatever nature that are legally required of VENDOR to 16 practice its business or profession. 17 9. NOTICES. 18 Any notice to be given pursuant to this Agreement shall be deposited with the United States 19 Postal Service,postage prepaid and addressed as follows: 20 TO THE CITY: City Purchasing Manager 300 North"D" Street 21 San Bernardino, CA 92418 22 Telephone: (909) 384-5242 23 TO THE VENDOR: Konica-Minolta 1831 Commerecenter West 24 San Bernardino CA 92408 25 26 27 3 1 10. ATTORNEYS' FEES 2 In the event that litigation is brought by any party in connection with this Agreement, the 3 prevailing party shall be entitled to recover from the opposing party all costs and expenses,including 4 reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or 5 remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The 6 costs, salary and expenses of the City Attorney and members of his office in enforcing this 7 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this 8 paragraph. 9 11. ASSIGNMENT. 10 VENDOR shall not voluntarily or by operation of law assign,transfer,sublet or encumber all 11 or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any 12 attempted assignment,transfer,subletting or encumbrance shall be void and shall constitute a breach r+' 13 of this Agreement and cause for the-termination of this Agreement. Regardless of CITY's consent, 14 no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other 15 obligations to be performed by VENDOR hereunder for the term of this Agreement. 16 12. VENUE. 17 The parties hereto agree that all actions or proceedings arising in connection with this 18 Agreement shall be tried and litigated either in the State courts located in the County of San 19 Bernardino, State of California or the U.S. District Court for the Central District of California, 20 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 21 mandatory and not permissive in nature. 22 13. GOVERNING LAW. 23 This Agreement shall be governed by the laws of the State of California. 24 14. SUCCESSORS AND ASSIGNS. 25 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 26 and their respective heirs,representatives, successors, and assigns. 27 4 i i 1 15. HEADINGS. 2 The subject headings of the sections of this Agreement are included for the purposes of 3 convenience only and shall not affect the construction or the interpretation of any of its provisions. 4 16. ENTIRE AGREEMENT; MODIFICATION. 5 This Agreement constitutes the entire agreement and the understanding between the parties, 6 and supercedes any prior agreements and understandings relating to the subject manner of this Ii 7 Agreement. This Agreement maybe modified or amended only by a written instrument executed by 8 all parties to this Agreement. 9 // 10 // 11 // 12 13 14 // 15 16 // 17 18 19 20 // 21 // 22 23 24 25 26 27 5 1 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 2 date set forth below. Dated: 12010 KONICA— MINOLTA. 3 4 By: 5 Its: 6 7 Dated 12010 CITY OF SAN BERNARDINO 8 9 By: 10 Charles McNeely, City Manager 11 12 Approved as to Form: JAMES F. PENMAN, 13 City Attorney 14 15 James . Pe an, City Attorney 16 17 18 19 20 21 22 23 24 25 26 27 6 Copier Agreement for FY 09/10 Attachment B -6 I VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 19`h day of April 2010,by andbetween 3 MWB Business Systems ("VENDOR") and the City of San Bernardino ("CITY" or "San 4 Bernardino"). 5 WITNESSETH: 6 WHEREAS,the Mayor and Common Council has determined that it is advantageous and in 7 the best interest of the CITY to acquire copier and related items and services pursuant to Section 8 3.04.010 B.2. of the Municipal Code which authorizes the CITY to utilize the bids for supplies, 9 materials and equipment where another governmental agency has established a price at which a 10 vendor is willing to sell to the CITY; and 11 WHEREAS, the County of San Bernardino did solicit and accept proposals and bids from a 12 number of vendors of such copier and related items and services; and 13 WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and 14 authorized by the County of San Bernardino to provide such copier and related items and services. 15 NOW,THEREFORE,the parties hereto agree as follows: 16 1. SCOPE OF SERVICES. 17 For the remuneration stipulated,San Bernardino hereby engages the services of VENDOR to 18 provide those products and services as set forth in Exhibit "A" to Resolution No. 19 "Request for Proposal, County of San Bernardino',dated April 28, 2009. 20 2. COMPENSATION AND EXPENSES. 21 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 22 pay the VENDOR the amount of(see attached Resolution,Exhibit A)for(see attached Resolution 23 Exhibit A). 24 b. No other expenditures made by VENDOR shall be reimbursed by CITY, 25 w 26 27 1 1 3. TERM; SEVERABILITY. 2 The term of this Agreement shall be for a period of three year(s)commencing July 1, 2010 3 through June 30, 2013 (with the option of two one-year extensions)on a month to month basis. 4 This Agreement may be terminated at any time by thirty(30) days written notice by either 5 party. The terms of this Agreement shall remain in force unless mutually amended. The duration of 6 this Agreement may be extended with the written consent of both parties. 7 4. INDEMNITY. 8 CITY agrees to indemnify and hold harmless VENDOR,its officers, agents and volunteers 9 from any and all claims,actions,or losses,damages and/or liability resulting from CITY's negligent 10 acts or omissions arising from the CITY's performance of its obligations under the Agreement. 11 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 12 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from c' 13 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations 14 under the Agreement. 15 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any 16 claim,action,loss,or damage which results from their respective obligations under the Agreement, 17 the CITY and/or VENDOR shall indemnify the other to the extent of its comparative fault. 18 5. INSURANCE. 19 While not restricting or limiting the forgoing,during the term of this Agreement,VENDOR 20 shall maintain in effect policies of comprehensive public,general and automobile liability insurance, 21 in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation 22 coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking 23 any work under this Agreement . CITY shall be set forth as an additional named insured in each 24 policy of insurance provided hereunder. The Certificate of Insurance firmished to the CITY shall 25 require the insurer to notify CITY of any change or termination in the policy. �► 26 27 2 1 6. NON-DISCRIMINATION. 2 In the performance of this Agreement and in the hiring and recruitment of employees, 3 VENDOR shall not discriminate on the basis of race,creed,color,religion, sex,physical handicap, 4 ethnic background or country of origin. 5 7. INDEPENDENT CONTRACTOR 6 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 7 purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. 8 VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, 9 Social Security,State Disability Insurance Compensation,Unemployment Compensation,and other 10 payroll deductions for VENDOR and its officers,agents,and employees,and all business licenses,if 11 any are required, in connection with the services to be performed hereunder. 12 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. \.+ 13 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 14 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 15 qualifications, insurance and approval of whatever nature that are legally required of VENDOR to 16 practice its business or profession. 17 9. NOTICES. 18 Any notice to be given pursuant to this Agreement shall be deposited with the United States 19 Postal Service,postage prepaid and addressed as follows: 20 TO THE CITY: City Purchasing Manager 300 North"D" Street 21 San Bernardino, CA 92418 22 Telephone: (909) 384-5242 23 TO THE VENDOR: MWB Business Systems 24 3536 Concourse Ste 320 Ontario CA 91761 25 26 27 3 1 10. ATTORNEYS' FEES 2 In the event that litigation is brought by any party in connection with this Agreement, the 3 prevailing party shall be entitled to recover from the opposing party all costs and expenses,including 4 reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or 5 remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The 6 costs, salary and expenses of the City Attorney and members of his office in enforcing this 7 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this 8 paragraph. 9 11. ASSIGNMENT. 10 VENDOR shall not voluntarily or by operation of law assign,transfer,sublet or encumber all 11 or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any 12 attempted assignment,transfer,subletting or encumbrance shall be void and shall constitute a breach 13 of this Agreement and cause for the:termination of this Agreement. Regardless of CITY's consent, 14 no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other 15 obligations to be performed by VENDOR hereunder for the term of this Agreement. 16 12. VENUE. 17 The parties hereto agree that all actions or proceedings arising in connection with this 18 Agreement shall be tried and litigated either in the State courts located in the County of San 19 Bernardino, State of California or the U.S. District Court for the Central District of California, 20 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 21 mandatory and not permissive in nature. 22 13. GOVERNING LAW. 23 This Agreement shall be governed by the laws of the State of California. 24 14. SUCCESSORS AND ASSIGNS. 25 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 26 and their respective heirs,representatives, successors, and assigns. 27 4 1 15. READINGS. 2 The subject headings of the sections of this Agreement are included for the purposes of 3 convenience only and shall not affect the construction or the interpretation of any of its provisions. 4 16. ENTIRE AGREEMENT; MODIFICATION. 5 This Agreement constitutes the entire agreement and the understanding between the parties, 6 and supercedes any prior agreements and understandings relating to the subject manner of this 7 Agreement. This Agreement may be modified or amended only by a written instrument executed by 8 all parties to this Agreement. 9 // 10 // 11 // 12 13 // 14 15 16 17 // 18 // 19 20 !/ 21 // 22 23 24 // 25 // 26 27 5 1 IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and 2 date set forth below. 3 Dated: 2010 MWB BUSINESS SYSTEMS. 4 By: 5 6 Its: 7 8 Dated 2010 CITY OF SAN BERNARDINO 9 By: 10 Charles McNeely, City Manager 11 12 13 Approved as to Form: JAMES F. PENMAN, 14 City Attorney 15 __ II 16 �Gly 17 Barnes F. P an, City Attorney 18 19 20 21 22 23 24 25 © 26 i 27 6 Copier Agreement for FY 09/10 Attachment B - 7 I VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 19a'day of April 2010,by and between 3 Ricoh Business Systems ("VENDOR") and the City of San Bernardino ("CITY" or "San 4 Bernardino"). 5 WITNESSETH: 6 WHEREAS,the Mayor and Common Council has determined that it is advantageous and in 7 the best interest of the CITY to acquire copier and related items and services pursuant to Section 8 3.04.010 B.2. of the Municipal Code which authorizes the CITY to utilize the bids for supplies, 9 materials and equipment where another governmental agency has established a price at which a 10 vendor is willing to sell to the CITY; and 11 WHEREAS, the County of San Bernardino did solicit and accept proposals and bids from a 12 number of vendors of such copier and related items and services; and 13 WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and 14 authorized by the County of San Bernardino to provide such copier and related items and services. 15 NOW,THEREFORE,the parties hereto agree as follows: 16 1. SCOPE OF SERVICES. 17 For the remuneration stipulated,San Bernardino hereby engages the services of VENDOR to 18 provide those products and services as set forth in Exhibit"A" to Resolution No. 19 "Request for Proposal, County of San Bernardino', dated April 28,2009. 20 2. COMPENSATION AND EXPENSES. 21 a. For the services delineated above,the CITY, upon presentation of an invoice, shall 22 pay the VENDOR the amount of(see attached Resolution,Exhibit A)for(see attached Resolution 23 Exhibit A). 24 b. No other expenditures made by VENDOR shall be reimbursed by CITY, 25 26 27 1 k 1 3. TERM; SEVERABILITY. 2 The term of this Agreement shall be for a period of three year(s) commencing July 1, 2010 3 through June 30, 2013 (with the option of two one-year extensions) on a month to month basis. 4 This Agreement may be terminated at any time by thirty(30) days written notice by either 5 party. The terms of this Agreement shall remain in force unless mutually amended. The duration of 6 this Agreement may be extended with the written consent of both parties. 7 4. INDEMNITY. 8 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers 9 from any and all claims,actions,or losses,damages and/or liability resulting from CITY's negligent 10 acts or omissions arising from the CITY's performance of its obligations under the Agreement. 11 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 12 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 13 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations 14 under the Agreement. 15 hi the event the CITY and/or the VENDOR is found to be comparatively at fault for any 16 claim,action,loss,or damage which results from their respective obligations under the Agreement, 17 the CITY and/or VENDOR shall indemnify the other to the extent of its comparative fault. 18 5. INSURANCE. 19 While not restricting or limiting the forgoing,during the term of this Agreement,VENDOR 20 shall maintain in effect policies of comprehensive public,general and automobile liability insurance, 21 in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation 22 coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking 23 any work under this Agreement . CITY shall be set forth as an additional named insured in each 24 policy of insurance provided hereunder. The Certificate of Insurance famished to the CITY shall 25 require the insurer to notify CITY of any change or termination in the policy. C, 26 27 2 1 6. NON-DISCRIMINATION. 2 In the performance of this Agreement and in the hiring and recruitment of employees, 3 VENDOR shall not discriminate on the basis of race,creed,color,religion,sex,physical handicap, 4 ethnic background or country of origin. 5 7. INDEPENDENT CONTRACTOR. 6 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 7 purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. 8 VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, 9 Social Security,State Disability Insurance Compensation,Unemployment Compensation,and other 10 payroll deductions for VENDOR and its officers,agents,and employees,and all business licenses,if 11 any are required, in connection with the services to be performed hereunder. 12 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 13 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 14 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 15 qualifications, insurance and approval of whatever nature that are legally required of VENDOR to 16 practice its business or profession. 17 9. NOTICES. 18 Any notice to be given pursuant to this Agreement shall be deposited with the United States 19 Postal Service,postage prepaid and addressed as follows: 20 TO THE CITY: City Purchasing Manager 300 North "D" Street 21 San Bernardino, CA 92418 Telephone: (909) 384-5242 22 23 TO THE VENDOR: Ricoh Business Systems 3200 Inland Empire Blvd Ste 1 24 Ontario CA 91761 25 26 27 3 1 10. ATTORNEYS' FEES 2 In the event that litigation is brought by any party in connection with this Agreement, the 3 prevailing party shall be entitled to recover from the opposing party all costs and expenses,including 4 reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or 5 remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The 6 costs, salary and expenses of the City Attorney and members of his office in enforcing this 7 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this 8 paragraph. 9 11. ASSIGNMENT. 10 VENDOR shall not voluntarily or by operation of law assign,transfer,sublet or encumber all 11 or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any 12 attempted assignment,transfer,subletting or encumbrance shall be void and shall constitute a breach 13 of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, 14 no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other 15 obligations to be performed by VENDOR hereunder for the term of this Agreement. 16 12. VENUE. 17 The parties hereto agree that all actions or proceedings arising in connection with this 18 Agreement shall be tried and litigated either in the State courts located in the County of San 19 Bernardino, State of California or the U.S. District Court for the Central District of California, 20 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 21 mandatory and not permissive in nature. 22 13. GOVERNING LAW. 23 This Agreement shall be governed by the laws of the State of California. 24 14. SUCCESSORS AND ASSIGNS. 25 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 26 and their respective heirs, representatives, successors, and assigns. 27 4 �J 1 15. HEADINGS. 2 The subject headings of the sections of this Agreement are included for the purposes of 3 convenience only and shall not affect the construction or the interpretation of any of its provisions. 4 16. ENTIRE AGREEMENT; MODIFICATION. 5 This Agreement constitutes the entire agreement and the understanding between the parties, 6 and supercedes any prior agreements and understandings relating to the subject manner of this 7 Agreement. This Agreement may be modified or amended only by a written instrument executed by 8 all parties to this Agreement. 9 // 10 // 11 // 12 13 14 15 16 17 18 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 27 5 I IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 2 date set forth below. 3 Dated: 2010 RICOH BUSINESS SYSTEMS 4 5 By: 6 Its: 7 8 Dated 12010 CITY OF SAN BERNARDINO 9 10 By: I1 Charles McNeely, City Manager 12 Q Approved as to Form: 13 JAMES F. PENMAN, 14 City Attorney 15 16 17 James F. Pe an, City omey 18 19 20 21 22 23 24 25 26 27 6 Copier Agreement for FY 09/10 Attachment B- 8 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 19`h day of April 2010,by and between 3 Toshiba("VENDOR") and the City of San Bernardino ("CITY" or"San Bernardino"). 4 WITNESSETH: 5 WHEREAS,the Mayor and Common Council has determined that it is advantageous and in 6 the best interest of the CITY to acquire copier and related items and services pursuant to Section 7 3.04.010 B.2. of the Municipal Code which authorizes the CITY to utilize the bids for supplies, 8 materials and equipment where another governmental agency has established a price at which a 9 vendor is willing to sell to the CITY; and 10 WHEREAS, the County of San Bernardino did solicit and accept proposals and bids from a 11 number of vendors of such copier and related items and services; and 12 WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and 13 authorized by the County of San Bernardino to provide such copier and related items and services. 14 NOW, THEREFORE,the parties hereto agree as follows: 15 1. SCOPE OF SERVICES. 16 For the remuneration stipulated,San Bernardino hereby engages the services of VENDOR to 17 provide those products and services as set forth in Exhibit "A" to Resolution No. 18 "Request for Proposal, County of San Bernardino", dated April 28, 2009. 19 2. COMPENSATION AND EXPENSES. 20 a. For the services delineated above, the CITY,upon presentation of an invoice, shall 21 pay the VENDOR the amount of(see attached Resolution,Exhibit A) for(see attached Resolution 22 Exhibit A). 23 b. No other expenditures made by VENDOR shall be reimbursed by CITY, 24 25 `✓ 26 27 l 1 3. TERM; SEVERABILITY. 2 The term of this Agreement shall be for a period of three year(s)commencing July 1, 2010 3 through June 30,2013 (with the option of two one-year extensions) on a month to month basis. 4 This Agreement may be terminated at any time by thirty(30) days written notice by either 5 party. The terms of this Agreement shall remain in force unless mutually amended. The duration of 6 this Agreement may be extended with the written consent of both parties. 7 4. INDEMNITY. 8 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers 9 from any and all claims,actions,or losses,damages and/or liability resulting from CITY's negligent 10 acts or omissions arising from the CITY's performance of its obligations under the Agreement. 11 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and © 12 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 13 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations 14 under the Agreement. 15 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any 16 claim,action,loss,or damage which results from their respective obligations under the Agreement, 17 the CITY and/or VENDOR shall indemnify the other to the extent of its comparative fault. 18 5. INSURANCE. 19 While not restricting or limiting the forgoing,during the term of this Agreement,VENDOR 20 shall maintain in effect policies of comprehensive public,general and automobile liability insurance, 21 in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation 22 coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking 23 any work under this Agreement . CITY shall be set forth as an additional named insured in each 24 policy of insurance provided hereunder. The Certificate of Insurance fiunished to the CITY shall © 25 require the insurer to notify CITY of any change or termination in the policy. 26 27 2 1 6. NON-DISCRIMINATION. 2 In the performance of this Agreement and in the hiring and recruitment of employees, 3 VENDOR shall not discriminate on the basis of race,creed,color,religion,sex,physical handicap, 4 ethnic background or country of origin. 5 7. INDEPENDENT CONTRACTOR. 6 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 7 purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. 8 VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, 9 Social Security,State Disability Insurance Compensation,Unemployment Compensation,and other 10 payroll deductions for VENDOR and its officers,agents,and employees,and all business licenses,if 11 any are required, in connection with the services to be performed hereunder. 12 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 13 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 14 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 15 qualifications, insurance and approval of whatever nature that are legally required of VENDOR to 16 practice its business or profession. 17 9. NOTICES. 18 Any notice to be given pursuant to this Agreement shall be deposited with the United States 19 Postal Service,postage prepaid and addressed as follows: 20 TO THE CITY: City Purchasing Manager 300 North"D" Street 21 San Bernardino, CA 92418 22 Telephone: (909) 384-5242 23 TO THE VENDOR: Toshiba One Lakeshore Centre 24 3281 E. Guasti Road, Suite 500 Ontario CA 91761 25 26 27 3 1 10. ATTORNEYS' FEES 2 In the event that litigation is brought by any party in connection with this Agreement, the 3 prevailing party shall be entitled to recover from the opposing party all costs and expenses,including 4 reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or 5 remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The 6 costs, salary and expenses of the City Attorney and members of his office in enforcing this 7 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this 8 paragraph. 9 11. ASSIGNMENT. 10 VENDOR shall not voluntarily or by operation of law assign,transfer,sublet or encumber all 11 or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any 12 attempted assignment,transfer,subletting or encumbrance shall be void and shall constitute a breach 13 of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, 14 no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other 15 obligations to be performed by VENDOR hereunder for the term of this Agreement. 16 12. VENUE. 17 The parties hereto agree that all actions or proceedings arising in connection with this 18 Agreement shall be tried and litigated either in the State courts located in the County of San 19 Bernardino, State of California or the U.S. District Court for the Central District of California, 20 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 21 mandatory and not permissive in nature. 22 13. GOVERNING LAW. 23 This Agreement shall be governed by the laws of the State of California. 24 14. SUCCESSORS AND ASSIGNS. 25 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 26 and their respective heirs,representatives, successors, and assigns. 27 4 1 15. HEADINGS. 2 The subject headings of the sections of this Agreement are included for the purposes of 3 convenience only and shall not affect the construction or the interpretation of any of its provisions. 4 16. ENTIRE AGREEMENT; MODIFICATION. 5 This Agreement constitutes the entire agreement and the understanding between the parties, 6 and supercedes any prior agreements and understandings relating to the subject manner of this 7 Agreement. This Agreement maybe modified or amended only by a written instrument executed by 8 all parties to this Agreement. 9 // 10 11 // 12 // 13 14 15 16 17 18 // 19 20 21 // 22 // 23 24 // 25 // 26 // 27 5 I IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 2 date set forth below. 3 4 Dated: 2010 TOSHIBA. 5 By. 6 Its: 7 8 9 Dated 2010 CITY OF SAN BERNARDINO 10 By. 11 Charles McNeely, City Manager 12 �✓ 13 Approved as to Form: 14 JAMES F. PENMAN, 15 City Attorney 16 B . � (Ol,�,, 1 17 James F. Pe an,City Attorney 18 19 20 21 22 23 24 25 26 27 6 Copier Agreement for FY 09/10 Attachment B - 9 I VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 19�h day of April 2010,by and between 3 Xerox ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). 4 WITNESSETH: 5 WHEREAS,the Mayor and Common Council has determined that it is advantageous and in 6 the best interest of the CITY to acquire copier and related items and services pursuant to Section 7 3.04.010 B.2. of the Municipal Code which authorizes the CITY to utilize the bids for supplies, 8 materials and equipment where another governmental agency has established a price at which a 9 vendor is willing to sell to the CITY; and 10 WHEREAS, the County of San Bernardino did solicit and accept proposals and bids from a 11 number of vendors of such copier and related items and services; and 12 WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and 13 authorized by the County of San Bernardino to provide such copier and related items and services. 14 NOW,THEREFORE,the parties hereto agree as follows: 15 1. SCOPE OF SERVICES. 16 For the remuneration stipulated,San Bernardino hereby engages the services of VENDOR to 17 provide those products and services as set forth in Exhibit "A" to Resolution No. 18 "Request for Proposal,County of San Bernardino",dated April 28, 2009. 19 2. COMPENSATION AND EXPENSES. 20 a. For the services delineated above, the CITY,upon presentation of an invoice, shall 21 pay the VENDOR the amount of(see attached Resolution,Exhibit A) for(see attached Resolution 22 Exhibit A). 23 b. No other expenditures made by VENDOR shall be reimbursed by CITY, 24 25 26 27 1 1 3. TERM; SEVERABILITY. 2 The term of this Agreement shall be for a period of three year(s) commencing July 1, 2010 3 through June 30, 2013 (with the option of two one-year extensions) on a month to month basis. 4 This Agreement may be terminated at any time by thirty(30) days written notice by either 5 party. The terms of this Agreement shall remain in force unless mutually amended. The duration of 6 this Agreement may be extended with the written consent of both parties. 7 4. INDEMNITY. 8 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers 9 from any and all claims,actions,or losses,damages and/or liability resulting from CITY's negligent 10 acts or omissions arising from the CITY's performance of its obligations under the Agreement. 11 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 12 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 13 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations 14 under the Agreement. 15 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any 16 claim,action, loss,or damage which results from their respective obligations under the Agreement, 17 the CITY and/or VENDOR shall indemnify the other to the extent of its comparative fault. 18 5. INSURANCE. 19 While not restricting or limiting the forgoing,during the term of this Agreement,VENDOR 20 shall maintain in effect policies of comprehensive public,general and automobile liability insurance, 21 in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation 22 coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking 23 any work under this Agreement . CITY shall be set forth as an additional named insured in each 24 policy of insurance provided hereunder. The Certificate of Insurance famished to the CITY shall 25 require the insurer to notify CITY of any change or termination in the policy. 26 27 2 1 6. NON-DISCRIMINATION. 2 In the performance of this Agreement and in the hiring and recruitment of employees, 3 VENDOR shall not discriminate on the basis of race,creed, color,religion, sex,physical handicap, 4 ethnic background or country of origin. 5 7. INDEPENDENT CONTRACTOR. 6 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 7 purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. 8 VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, 9 Social Security,State Disability Insurance Compensation,Unemployment Compensation, and other 10 payroll deductions for VENDOR and its officers,agents,and employees,and all business licenses,if 11 any are required, in connection with the services to be performed hereunder. 12 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 13 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 14 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 15 qualifications, insurance and approval of whatever nature that are legally required of VENDOR to 16 practice its business or profession. 17 9. NOTICES. 18 Any notice to be given pursuant to this Agreement shall be deposited with the United States 19 Postal Service, postage prepaid and addressed as follows: 20 TO THE CITY: City Purchasing Manager 300 North"D" Street 21 San Bernardino, CA 92418 22 Telephone: (909) 384-5242 23 TO THE VENDOR: Xerox 650 E. Hospitality Lane Suite #500 24 San Bernardino CA 92408 25 26 27 3 1 10. ATTORNEYS' FEES 2 In the event that litigation is brought by any party in connection with this Agreement, the 3 prevailing party shall be entitled to recover from the opposing party all costs and expenses,including 4 reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or 5 remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof The 6 costs, salary and expenses of the City Attorney and members of his office in enforcing this 7 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this 8 paragraph. 9 11. ASSIGNMENT. 10 VENDOR shall not voluntarily or by operation of law assign,transfer,sublet or encumber all 11 or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any 12 attempted assignment,transfer,subletting or encumbrance shall be void and shall constitute a breach 13 of this Agreement and cause for the ierrhination of this Agreement. Regardless of CITY's consent, 14 no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other 15 obligations to be performed by VENDOR hereunder for the term of this Agreement. 16 12. VENUE. 17 The parties hereto agree that all actions or proceedings arising in connection with this 18 Agreement shall be tried and litigated either in the State courts located in the County of San 19 Bernardino, State of California or the U.S. District Court for the Central District of California, 20 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 21 mandatory and not permissive in nature. 22 13. GOVERNING LAW. 23 This Agreement shall be governed by the laws of the State of California. 24 14. SUCCESSORS AND ASSIGNS. 25 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 26 and their respective heirs,representatives, successors, and assigns. 27 4 1 15. HEADINGS. 2 The subject headings of the sections of this Agreement are included for the purposes of 3 convenience only and shall not affect the construction or the interpretation of any of its provisions. 4 16. ENTIRE AGREEMENT; MODIFICATION. 5 This Agreement constitutes the entire agreement and the understanding between the parties, 6 and supercedes any prior agreements and understandings relating to the subject manner of this 7 Agreement. This Agreement maybe modified or amended only by a written instrument executed by 8 all parties to this Agreement. 9 // 10 // 11 // 12 // 13 // 14 // 15 16 // 17 18 19 20 21 // 22 23 24 // 25 26 27 5 I IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 2 date set forth below. 3 Dated: 12010 XEROX. 4 By: 5 6 Its: 7 8 Dated 12010 CITY OF SAN BERNARDINO 9 By: 10 Charles McNeely, City Manager 11 12 C13 Approved as to Form: JAMES F. PENMAN, 14 City Attorney 15 16 1 7 James IFP an, City orney 18 19 20 21 22 23 24 25 26 27 6 Copier Agreement for FY 09/10 � O O •-• C O 0 0 0 0 0 O r N V o0 7y 0 �"^ � b9 V3 M s9 69 69 V3 69 Vi N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U N�CCO ry oO � o � V opo Oro w m N N N N N �p (A 69 fA V3 fig f/i 69 fA IA 69 F O O O O 0 0 0 0 0 0 O O O b O O� O� 00 a0 00 00 p O O V 0 0 0 0 0 0 0 p O O 6 M 0 0 0 0 oo 0 in 6 0 O P m M O U n OA O m N O M 7 M n O O fA 69 fH fA f/j Vi 69 69 M Y3 h O 0 0 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 0 U moo+ G G b O b r N m M M M M b r FA vi 49 Vi 69 V3 fA Vj 69 f/i F O O O O O O Q O 0 0 p 'n /� V3 EA f.9 4A 69 fA FA Vi (A Vi O � O O M U oo M o0 vi O U � ^ O� ip O� lO M O F b 69 fA 69 69 69 v3 Yi fig 69 f.9 U ° 6A Vi A fq FA Vi W N3 fA Vi C O O O O 0 0 0 0 0 0 O M N N C N M V N N N N O N 69 69 Vi Vf 69 sA Vi sA ff3 V3 U O O O V O O O 0 0 0 0 0 0 O O O O O O 0 0 0 0 0 0 vl O+ N m oo O N L — — V [y� a IA V3 V1 Vi V3 fA M 49 69 4A Vi fq (a: U! 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L N N N t t 0.. 4' a k x oawmm w mmm � x - - - x v bbN v U O O U > �e p O O O O O 1p b N o0 M �n O O O O O O O O O O O O O O O O O O O O O O O K - - — N K — b — b - - — b F � fA EA 69 fA 69 fA fA W � 69 V3 Yi F.9 fr9 M fA fA fA f.9 FA FA 69 (A fA fA (A FA fA fA fA (A 69 iA fA 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O Uo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y � N OO N O O �D 0 0 a0 m 0 00 0 0 0o a0 O O O O O o0 O K � W O O b K 0 0 O O m W 00 0 � b � ss us ds ea v+ Fn vi w vi en vi ds es ra sv v3 ss v3 r» w ss vi sv ss » sv vj sv Fa ss bs ss ev en c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N oo N O O b O O W o0 0 00 0 0 00 oa 0 0 0 0 0 0o O Q M M O O b K O O O O N ^ 00 K N v1 K M op o� O M - - h M O O O oo b b v1 0 0 0 0 1� r Q K K K fiA Vi Yi 69 M V3 W fA Vj V3 W Vi f.9 M f9 HI 1n il3 Vi 49 (i3 V3 Fq V3 F13 69 44 49 fA Vi N3 69 Ni 69 V 00 O O O O O v1 1� b h p O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U b O D\ N T - -- Q N — C O N Vi W M f� M r� o K P r r N M O M h O N W o0 1D - — P — — - — — — — K b Vi fA (A N3 ff3 fiA 1A V3 Yi f.9 fA M f.9 fA W Vi vi f/i Vi Vi Vi 69 Vi Vi N3 M Vj Vi Vi fA V3 Vi Vi W 0 0 0 0 0 O O O O O O 0 0 0 0 0 O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Up O G O O O O 0 0 0 0 0 O O O O O O O O O C C O O h v1 0 0 0 0 0 0 0 0 cN b F. Yi 4`i Vi Vi Vi fA 69 Vi f9 Vi 4li V3 fA fA FA Vi 4fi (A (.9 Vi fA H fA fA iA f9 Nf Vi Vi 49 V3 Vi Yi V3 G 0 0 0 0 0 0 O O O O O O O O O O 0 0 0 0 0 0 0 0 h h 0 0 0 0 0 0 O O .� 00 h v1 vl O O O O v1 O O O v1 v1 v1 v1 N 0 0 0 0 0 0 0 v1 N N O C O �n O O O O �Or F. — V3 69 V3 Vi 69 69 69 (A 69 Vi 69 69 b9 69 Yf fn 69 69 fA Vi V3 69 69 69 69 V3 Vi Vi �A 69 Vi 69 V3 Vi 0 0 0 0 0 0 1D 10 N o0 M �n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O U ,.., r b o0 b Q b M W oo r v1 v1 v1 M M o0 10 M M K M T M 1� T K b K b c/1 1� N 00 N b — r r O K N Q .-• r r — Q N N o0 N W 10 K D\ O b 1� Q �n il T 0\ O r pp pp O O T O — M K M o0 O - N v1 0o T ^ N N M T F � (A fA M (A fA f/i fA (A 69 (A fA 69 M M fA iA FA FA FA V3 FA 69 fA FA 69 fA (A Yi 69 fA (r9 69 (A 69 O O O O O O O O O O O 0 0 0 0 0 O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O G C O O O O G O C O O 0 0 0 0 0 O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 U p b Q b 0 0 0o O O K K O Q O O K Q O O O O O K O N rn rn 0 0 0o N O O O O b v Q N b b N 0 b b O ^ M M O O O Q O O K K O O O O N N N N N N G O M M N K M K K M Vl Vl V: K M M Q K' M M M Vl b Vl Vl M M M M Nl V1 Vl R K K K F. 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