HomeMy WebLinkAbout18-Finance Department ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Barbara Pachon, Director of Subject: Resolution authorizing the
Finance execution of Vendor Services
Agreements for Photocopier equipment,
Dept: Finance supplies and maintenance with
Advanced Copy Systems, Canon,
Date: 08/14/06 Burtronics, Ikon, Toshiba, Konica-
Minolta and Xerox.
M/CC Meeting Date: 09/05/06
Synopsis of Previous Council Action:
Resolution 2000-194 approved 07/11/00
Recommended Motion:
Adopt Resolution
Signature/
Contact person: Barbara Pachon, Director of Finance Phone- 5249
Supporting data attached: Staff Report Ward
FUNDING REQUIREMENTS: Amount:
Source: Various FY 2006-07 Departmental Budgets
�j Finance:
Council Notes: k--eso '
r
Agenda Item No.
9/�/��
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;
Burtronics Business Systems; Ikon Office Solutions; Toshiba America Business Solutions;
Konica-Minolta Business Solutions and Xerox Corporation.
BACKGROUND
The City currently owns and operates approximately 50 copiers within all City departments. The
majority of these copiers were purchased in 2000, with a life expectancy of five (5) years.
Warranties on these copiers expired in 2005; since then the City has been paying a "time and
materials" rate for repairs. 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 is
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.
Recently, the County of San Bernardino issued an RFP (Request for Proposal) for a copier rental
program and awarded agreements to seven (7) vendors. In accordance with Section
3.04.01013(2) of the City of San Bernardino's Municipal Code, the Finance Department is
recommending that the City award contracts based upon the County's RFP.
Request for Proposal Process and Contract Award
On December 21, 2005, the County of San Bernardino's Purchasing Department issued a
Request for Proposal (RFP G47) for Copiers and Facsimile Machines. The RFP was posted on
the County's website and notices were mailed to fifty-seven vendors, with thirteen vendors
attending the mandatory pre-proposal conference. The County received nine responses
(including one response strictly for fax machines) with one response deemed to be non-
' responsive.
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 11, 2006 the County recommended the
vendors referenced below, including four (4) 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
Burtronics Business Systems (San Bernardino)— Toshiba, Lanier and Konica-
Minolta Copiers
Canon Business Solutions West(Rancho Cucamonga)—Canon Copiers
Ikon Office Solutions (Redlands)—Canon Copiers
Toshiba America Business Solutions, Inc (Riverside)—Toshiba Copiers
Xerox Corporation(San Bernardino)—Xerox Copiers
Konica-Minolta Business Solutions, Inc. (San Bernardino) -Konica-Minolta
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 have included funds in their FY 2006-2007 budgets for copier usage costs.
RECOMMENDATION
1. Adopt Resolution.
i
COPY.
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
3 BERNARDINO AUTHORIZING THE EXECUTION OF VENDOR SERVICE
AGREEMENTS FOR THE PROVISION OF PHOTOCOPIER EQUIPMENT, SUPPLIE
4 AND MAINTENANCE WITH THE FOLLOWING VENDORS: ADVANCED COP
5 SYSTEMS; CANON BUSINESS SOLUTIONS; BURTRONICS BUSINESS SYSTEMS;
IKON OFFICE SOLUTIONS; TOSHIBA AMERICA BUSINESS SOLUTIONS;
6 KONICA-MINOLTA BUSINESS SOLUTIONS AND XEROX CORPORATION.
7 WHEREAS, CITY has need for Photocopier Equipment, Supplies, Maintenance an
8
service, and,
9
WHEREAS, the CITY'S Municipal Code authorizes purchases from a vendor or
10
manufacturer which, through the City's bidding procedure, or other California government or
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12 governmental agency's bidding procedure has established a price at which such a vendor or
13 manufacturer is willing to sell to the City.
14
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
15 SAN BERNARDINO AS FOLLOWS:
16
17 SECTION 1. Advanced Copy Systems; Canon Business Solutions; Burtronics Business
18 Systems; Ikon Office Solutions; Toshiba America Business Solutions; Konica-Minolta Business
19 Solutions, and Xerox Corporation were the most responsive bidders for the copier replacement
20 program bid, awarded b the Count of San Bernardino RF G47 on April 11, 2006. Co of
p g Y Y ( Q- ) P PY
21
said RFQ, County staff report and bid analysis are attached to this resolution and incorporated
22
herein as Exhibit"A". Under the terms of this purchase, the City Manager or his designee is
23
24 hereby authorized to execute Vendor Services Agreements, a copy of which is attached and
25 incorporated herein as Exhibit"B", and the Finance Department is hereby authorized and
26 directed to issue annual Purchase Orders for three (3) years for FY 2006-07 through FY 2008-09,
27
with an option of two one-year extensions(FY 2009-10 and FY 2010-11) to the seven(7) above
28
mentioned vendors. U
I
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE EXECUTION OF VENDOR SERVICE
3 AGREEMENTS FOR THE PROVISION OF PHOTOCOPIER EQUIPMENT, SUPPLIE
AND MAINTENANCE WITH THE FOLLOWING VENDORS: ADVANCED COP
SYSTEMS; CANON BUSINESS SOLUTIONS; BURTRONICS BUSINESS SYSTEMS;
s IKON OFFICE SOLUTIONS; TOSHIBA AMERICA BUSINESS SOLUTIONS;
KONICA-MINOLTA BUSINESS SOLUTIONS AND XEROX CORPORATION.
6
7
SECTION 2. This contract and any amendment or modification thereto shall not take
8
effect or become operative until fully signed and executed by the parties and no party shall be
9
1 o obligated hereunder until the time of such execution. No oral agreements, amendments,
i 1 modifications or waivers are intended or authorized and shall not be implied from any other
' 12
course of conduct of any party.
13
14 SECTION 3. The authorization to execute the above-referenced Agreements and
1; Purchase Orders are rescinded if not issued within ninety (90) days of the passage of this
16 resolution.
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27
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1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF VENDOR SERVICE
3 AGREEMENTS FOR THE PROVISION OF PHOTOCOPIER EQUIPMENT, SUPPLIE
4 AND MAINTENANCE WITH THE FOLLOWING VENDORS: ADVANCED COP
SYSTEMS; CANON BUSINESS SOLUTIONS; BURTRONICS BUSINESS SYSTEMS;
5 IKON OFFICE SOLUTIONS; TOSHIBA AMERICA BUSINESS SOLUTIONS;
KONICA-MINOLTA BUSINESS SOLUTIONS AND XEROX CORPORATION.
6
7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a meeting thereof,
9 held on the day of , 2006, by the following vote, to wit:
10
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA
12
BAXTER
13 VACANT
14 DERRY
15 KELLY
16 JOHNSON
17
McCAMMACK
18
19 City Clerk
20
The foregoing resolution is hereby approved this day of 2006.
21
3 Patrick J. Morris, Mayor
City of San Bernardino
24
Approved as to fF-
26 i
ones F. Penman, City Attorney
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Exhibit A
REQUEST FOR PROPOSAL Date: 11/15/05 Proposal No. G47
COUNTY 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
BEFORE: 2:00 p.m.,Wednesday, Februaryl,2006
To Be Delivered To: Countywide
For further information,call: Bill Brock, C.P.M.,A.P.P.
Deputy Purchasing Agent
(909)387-2464
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 manufacturer's 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 firm's name and by a responsible officer on file with the Purchasing Department.Vendors must have registered online
or employee.Obligations assumed by such signatures must be fulfilled. through the County Website www.sbcounty.00v .
8.Unless otherwise definitely specified,the prices quoted herein do not include 22.The Vendor agrees to comply with Executive Orders 11246,11375,11625,
California 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 articles 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 vendor's 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 case 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 Bernardino 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.Cost 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 Worker's 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.( )
i
Count; of San Bernardino Request for Proposal G47
12/210,05 Copier&- Facsinule Machines
Due 02/01/06
TABLE OF CONTENTS
1. INTRODUCTION .........................................................................................................1
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
CONTRACTREQUIREMENTS ......................................................................................6
A. Improper Consideration
B. Inaccuracies or Misrepresentations
C. Employment of Former County Officials
D. Child Support Compliance
E. Right to Monitor and Audit Provisions
F. Indemnification and Insurance Requirements
VI.PROPOSAL SUBMISSION ...........................................................................................9
A. General
B. Proposal Presentation
C. Proposal Format
VII. PROPOSAL EVALUATION&SELECTION ....................................................................13
A. Evaluation Process
B. Evaluation Criteria
C. Contract Award
D. Disputes Relating to Proposal Process and Award
VIII.APPENDICES&ATTACHMENTS ..............................................................................16
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 G47
,� !0 Copier R Facsimile Machines Due 02 01106
1_2,_0.
I. 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 teen d this contract will be for five (5)years,beginning April 1, 2006 or thereabouts and ending March 31, 2011,
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.
D. 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,
January 11, 2006. 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,November 23, 2005, one
week prior to the mandatory Pre-Proposal Conference and be directed to the address listed below. 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 G47
F. Proposal Submission Deadline:
All proposals must be received at the address listed above no later than 2:00 p.m. on Wednesday,February 1, 2006.
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.
Coltniy of San Bernardino Request for Proposal G47
13,2 0,,05 Copier R Facsimile Machines
Due 02.01'06
II. PROPOSAL TIMELINE
1. Release of RFP G47 Tuesday, December 20, 2005
2. Deadline for submission of questions Monday, January 9, 2006
3. Mandatory Pre-Proposal Conference 2:00 p.m. Wednesday, January 11, 2006
4. Deadline for proposals 2:00 p.m. Wednesday, February 1, 2006
5. Tentative date for awarding of contract(s) March 2006
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 all Vendors, in writing, if the County rejects all proposals.
B. Modifications:
The County reserves the right to issue addenda or amendments to this RFP.
C. 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.
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 furnished on contract throughout the County.All
such equipment provided to the County must be new.Used,re-conditioned or"newly remanufactured"equipment
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.
0
County of San Bernardino Request for Proposal G47
12/20/05 Copier&Facsimile Machines Due 02/01106
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.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 scanning,
printing, large paper decks,hole punch, etc.
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. Awarded vendor(s) agree to stock lift any copier and/or facsimile machine toners for their
proposed brand(s) from the County's Central Stores. Vendor shall issue the County full credit at the County's
acquisition cost. Credit for stock lifted merchandise shall be made in the form of a check made payable to the
County.The County shall not be charged any re-stocking fees for any returned merchandise.
8. 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 Bernardino Request for Proposal G47
12i20i05 Copier&:Facsimile Machines
Due 02/01/06
(a) Such Governmental body does not have and will not have in force any other contract for
like purchases.
(b) Such Governmental 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 advance 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.
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.
All Rental agreements that extend over any fiscal year must contain a clause that the agreement can be
cancelled at any time if funds have not been appropriated for the new fiscal year. Such termination shall
not include any early termination penalties.
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
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 G47
12-20:05 Copier R Facsimile Machines Due 02%01%06
m-, (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
Iaster 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.
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 perfonrt 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 l: 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.
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:
County of San Bernardino Request for Proposal G47
12120'05 Copier&- Facsinule Machines
Due 02-"0106
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 Sheriffs 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
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.
County of San Bernardino Request for Proposal G47
12.20 05 Copier& Facsimile /Machines Due 02'01/06
V. CONTRACT REQUIRETIEyTS
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
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. 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.
County of San Bernardino Request for Proposal G47
12120-05 Copier&Facsimile Machines Due 02%01%06
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
option,be required to reimburse County for expenses incurred due to required rescheduling of monitoring visit(s).
Such reimbursement will not exceed 550.00 per hour(including travel time) and be deducted from the following
month's claim for reimbursement.
Records of the Vendor which do not pertain to the program shall not be subject to audit unless provided for in
another 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.
E. 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.Insurance
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).
County of San Bernardino Request for Proposal G47
12/20/05 Copier&Facsimile%lachines Due 0201%06
3, Additional Named Insured
All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability
L
policies, shall contain additional endorsements naming the County and its officers, employees, agents and
additional named insured with respect to liabilities arising out of the performance of services
as a P
volunteers
hereunder.
4. Waiver of Subrogation Rights
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
All policies required above are to be primary and non-contributory with any insurance or self-insurance
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 furnish 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
0 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
,low requirements,and on completeness and clarity of content.
County of San Bernardino Request for Proposal G47
12'20,0 Copier&: Facsimile Machines Due 02'01/'06
2. 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, February 1st, 2006 at:
County of San Bernardino
Purchasing Department
777 E. Rialto Ave.
San Bernardino, CA 92415-0760
ATTN: RFP G47
B. Proposal Presentation
1. An on g final bound and ten (10) unbound copies of the written propos al are required.
uired.
2. The package containing the original and copies must be sealed and marked with the Vendor's name and
"CONFIDENTIAL—Photocopy/Facsimile Equipment RFP G47".
3. All proposals should be submitted on 8 ''/z"X 11"recycled paper with double sided printing, unless
specifically shown to be impractical, with no less than %"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 G47.
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.
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.
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.
County of San Bernardino Request for Proposal G47
12.20:'05 Copier R.Facsinule Machines Due 02 01'06
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.
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.
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.
County of San Bernardino Request for Proposal G47
12 20'05 Copier&Facsimile Machines Due 02/01/06
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.
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
I
facsimile machine. Vendors are to provide separate quotes fo r both network co m p at ible and non-networked
etworked
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 pricing_proposals. Vendors are to use the
Pricing Sheets (Attachments D and E) included with the bid packet.
Pricing proposals for Purchased equipment should also include, 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, 20,0000, 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.
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:
• 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
• 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.
0 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.
Count of San Bernardino Request for Proposal G�47
y Due 02 01;06
1220 05 Copier R Facsimile Machines
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.
6. Material Safetv Data Sheets—Vendors responding to this RFP must provide Material Safety Data Sheets for any
de to the County.toners and/or developers which the y propose to provi
VII. PROPOSAL EVALUATION AND SELECTION
A. Evaluation Process
All ro osals will be subject to a standard review process developed by the County. The evaluation will be based on
P P �
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
outlined 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.
c. Pricing Competitiveness.
County of San Bernardino Request for Proposal G-1,
12 20'Os Copier& Facsimile tilachines Due 02 01/06
d. Qualifications and experience in handling accounts of similar size and scope.
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
1 days from the date
Table
within ten 0
the purpose of evaluation. If requested, such equipment must be made available ( ) y
shall be in lace for a minimum of five (5)working days. All equipment
ui ment being evaluated
of request. Eq p g P .
be
ina evaluated must be P rovided to the County at no cost for the evaluation period. Vendor is responsible for all
b
costs associated with allowing the County to adequately evaluate the equipment, including delivery, setup,
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
i
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 and technology types (i.e.
digital and color).The County reserves the option to make aNvard(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.
An appeal of a denial of award can only be brought on the following grounds:
County of San Bernardino Request for Proposal G47
12/20/05 Copier&. Facsinule Machines Due 02/01/06
a. Failure of the County to follow the selection procedures and adhere to requirements
specified in the RFP or any addenda or amendments.
b. There has been a violation of conflict of interest as provided by California Government
Code 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:
Aurelio De La Torre,Director
County of San Bernardino—Purchasing Department
General Services Building
777 E. Rialto Avenue
San Bernardino, CA 92415-0760
Cour_ty of San Bernardino Request for Proposal G47
l2,20,0i Copier R Facsinule\lachines Due 02 01;06
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. In 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.
APPENDIX A
Cowry of San Bernardino Request for Proposal G47
12:220,105 Copier&Facsimile Machines Due 02/01/06
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
10 Standard Terms & Conditions of Proposed Rental Program
1 1 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 V Item B—Proposal
Submission.)
0. APPENDIX B
V
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O
C
U
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a
O �
U C
x
� F
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n
� rrr
U
Q
F�
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PURCHASE PRICING SHEET RFPG47
MODEL DataQuest Segment
Dieital B & NV Color
Description/Features
EcLipment Pricing
COST
Base Model Price $
Print Capability $
Scanning $
Options Pricing $
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 S per copy
Price Per Copy$
Monthly Charge S 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
Monthiv 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 S per copy
Price Per Copy S
,%9onthly Charge S Color Copies billed w S per copy
itilonthly 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 S Color Copies billed @$ per copy
Monthiv 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 S per copy
Price Per Copy$
Monthly Charge $ Color Copies billed @ $ per copy
Monthiv 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
RENTAL PRICING SHEET RFP c:-
MODEL DataQuest Segment
Disntal 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.
r
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
ATTACHMENT E
Pate 1 of 2
36 Month Rental Pricing
ivlonthly 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 ChargeBase 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
ATTACHMENT E
Page 2 of 2
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OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION F`,i'ihir- A
April 11, 2006
FROM: VALERIE CLAY, Deputy Administrative Officer
County Administrative Office
SUBJECT: PHOTOCOPIER AND FACSIMILE EQUIPMENT, SUPPLIES, AND
MAINTENANCE
RECOMMENDATION: Approve agreements listed to provide the County with photocopier and
facsimile equipment, supplies, and maintenance.
Photocopiers Facsimile Machines Agreement No.
Advanced Copy Systems Advanced Copy Systems 06-256
Burtronics Business Systems Burtronics Business Systems 06-257
Canon Business Solutions West, Inc. 06-258
Cook-Arthur Inc. 06-259
Ikon Office Solutions 06-260
Konica-Minolta Business Solutions Konica-Minolta Business Solutions 06-261
Toshiba America Business Solutions, Inc. 06-262
Xerox Corporation 06-263
BACKGROUND INFORMATION: On December 20, 2005 (#88), the Board authorized the
issuance of Request for Proposal (RFP) G-47 to provide photocopier and facsimile equipment on
a purchase, monthly rental, or lease-purchase basis and to provide supplies, maintenance, and
service for the same equipment throughout the county. On December 21, 2005, RFP G-47 was
posted on the county website and notices were mailed to 57 vendors. Thirteen vendors attended
the mandatory pre-proposal conference and Purchasing received nine responses. One response
was deemed to be non-responsive.
An evaluation committee comprised of representatives from the County Administrative Office,
Human Services Group, Probation, Purchasing, and Sheriff evaluated the responses. The
committee conducted a thorough evaluation considering such factors as product quality, ability
and quality of service, pricing, qualifications and experience, value added services, level of
maintenance, and product enhancements. The committee recommends the above-referenced
vendors to provide photocopier and facsimile equipment, supplies, and maintenance to the
County.
Approval of this recommendation will allow County departments to choose from a complete
selection of brands, models, and types of equipment, with purchase, lease-purchase, and rental
options for all the equipment from all vendors. County departments will also have the immediate
availability of new models and new technology which will improve efficiency within the
department. In addition, five out of the seven vendors being recommended for award are based
locally.
Page 1 of 2
cc: Purchasing-Brock w/agreement Record of Action of the Board of Supervisors
Vendor w/agree. c/o Purchasing AGREEMENTS AS LISTED ABOVE
Auditor-Mejico w/agree. APPROVED"TCALENDAR)
IDS w/agreement B0�4 D ® SUP ,VISORS
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BY
DATED: pri 1�.2Q�0 r
m —.
`''' ITEM 053
BOARD OF SUPERVISORS
PHOTOCOPIER AND FACSIMILE EQUIPMENT, SUPPLIES, AND MAINTENANCE
April 11, 2006
Page 2 of 2
The term of each agreement is for a period of three years, and includes the right to terminate for
non-performance with 30 days notice, or for any reason with 60 days notice. County Policy 11-05
requires Board approval for all services or maintenance exceeding $75,000.
REVIEW BY OTHERS: This item has been reviewed by County Counsel (Michelle Blakemore,
Deputy Counsel, 387-5445) on March 7, 2006; and the County Administrative Office (Patricia M.
Cole, Administrative Analyst III, 387-5346) on March 10, 2006.
FINANCIAL IMPACT: Total expenditures incurred in 2004-05 for photocopier and facsimile
equipment, supplies, and maintenance were approximately $3.2 million. Expenditures for the
term of the agreements are not expected to exceed $3.5 million per fiscal year. Departments are
responsible to ensure there is adequate funding in their budgets when purchasing photocopier
and facsimile equipment, supplies, and maintenance.
SUPERVISORIAL DISTRICT(S): All
PRESENTER: Leo Gomez, Supervising Buyer, 387-2063
04/11/06 053
FOR COUNTY USE ONLY
Y New Vendor Code ^ Deot. ^ Contract Number
Change KONICAM842 SC PUR A 06-261
Cancel
County Department Dept. Orgn. Contractors License No.
Purchasing PUR PUR
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino Bill Brock (909) 387-2464 Countywide-unencumbered
F A S
^ Contract Type
STANDARD CONTRACT Revenue i7_ Encumbered ® unencumbered ❑ Other:
If not encumbered or revenue contract type,provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
60000 5/1/2006 4/3012009
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
Photocopier and Facsimile FY Amount I/D FY Amount I/D
Equipment, Supplies and
Maintenance
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter
called the County, and
Name
Konica-Minolta Business Solutions hereinafter called VENDOR
Address
1831 Commercenter West
San Bernardino, CA 92408
Telephone Federal ID No.or Social Security No.
(909)824-2000 22-2147842
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion,
determination of satisfactory performance and cause for termination,other terms and conditions, and attach plans,specifications,and addenda,if any)
This Agreement is entered into as of May 1, 2006, between Konica-Minolta Business Solutions (hereinafter referred to
as VENDOR) and the County of San Bernardino(hereinafter referred to as COUNTY).
RECITALS
WHEREAS, the COUNTY desires to designate vendor of choice to provide photocopier and facsimile equipment,
supplies, and maintenance to all COUNTY departments, AND
WHEREAS, the COUNTY conducted a competitive process to find vendors able to provide the necessary services, AND
WHEREAS, Konica-Minolta Business Solutions has been evaluated by a committee consisting of user departments
and by the COUNTY Purchasing Department (hereinafter referred to as Purchasing) and determined to have the
necessary skills to provide products and services under the terms and conditions provided herein,
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NOW, THEREFORE, the COUNTY designates Konica-Minolta Business Solutions as the vendor of choi;e to provide
photocopier and facsimile equipment, supplies, and maintenance as follows:
TERM OF AGREEMENT
The term of this Agreement is for three (3) years, beginning May 1, 2006 and ending April 30, 2009, with an option of two
one- (1) year extensions based on satisfactory performance. Maximum term of this contract will not exceed five (5)years.
The COUNTY reserves the right to terminate the entire Agreement with a thirty- (30) day written notice of termination in
the event the VENDOR does not perform service in a satisfactory manner.
The COUNTY and the VENDOR each reserve the right to terminate the Agreement, for any reason, with a sixty- (60) day
written notice of termination. Such termination may include all or part of the services described herein.
The Director of Purchasing for the COUNTY shall have the right to exercise the COUNTY'S authority under this
Agreement including the right to give notice of termination on behalf of the COUNTY at his sole discretion.
GENERAL REQUIREMENTS
A. Scope of Agreement:
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 furnished on
agreement throughout the County. All such equipment provided to the County must be new.
Used, re-conditioned or 'newly remanufactured" equipment is unacceptable to the County's
needs.
2. Orders: Orders against a resultant agreement 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). There is no specified
number of units which will be ordered by the County during the term of the agreement, nor is
there any guarantee that an awarded vendor will receive any orders from County departments:
User departments will be allowed to order operating supplies such as toners, developers, etc.,
directly from the Vendor(s).
3. Photocopiers: The majority of photocopiers in use by the County have at least these basic
features: Automatic Document Feeder, Auto Duplex, Finisher, and Stapler. The County
considers this to be a Basic Model.
4. Delivery and Set-Up: Vendor must make delivery of all photocopiers and facsimile machines
within thirty (30) days of receipt of order. Seller will deliver and set-up photocopier 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 may be rejected.
Vendor must make delivery of any photocopier 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.
6. Digital Products: Vendor must provide adequate technical staffing to advise, configure, and set
up LAN installations for all digital products.
7. Supplies: The Vendor will make available, with the order for equipment, a start-up kit of supplies
so that the photocopier or facsimile machine may be set up for immediate use.
l
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rrrom
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.
8. Returned Merchandise: Vendor agrees to give full credit on returned merchandise resulting from
Vendor or Manufacturer errors. Awarded vendor(s) agree to stock lift any photocopier and/or
facsimile machine toners for their proposed brand(s) from the County's Central Stores. Vendor
- shall issue the County full credit at the County's acquisition cost. Credit for stock lifted-
merchandise shall be made in the form of a check made payable to the County. The County shall
not be charged any re-stocking fees for any returned merchandise.
9. Participation: The County desires that any Counties, Municipalities, School Districts, and other
Tax Districts within the State of California requiring photocopiers, facsimile machines, and
maintenance of same, may at their option and through the County Purchasing Agent, avail
themselves of the agreement(s) resulting from this proposal. Upon notice in writing, the Seller
agrees to the extension of the terms of a resultant agreement with such Governmental bodies as
though they have been expressly identified in this bid, with the provision that:
a. Such Governmental body does not have and will not have in force any other agreement
for like purchases.
b. Such Governmental 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
agreement.
10. Subcontractors: There shall be no subcontracting or joint venture of any services, marketing, or
other activities by the Vendor unless specifically approved in advance in writing by the County
Purchasing Department. The Vendor shall act as the single principal for all products and services
in this agreement. This requires a single point of contact representing the Vendor.
11. Terms Definitions: The following are the County's definitions. These definitions only apply to
photocopiers.
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.
Rentals are generally for thirty-six (36) month terms. An early termination penalty may
only be assessed when rental is terminated without Due Cause by County. 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; or
25- 36 Months—no greater than one (1)times base rental payment.
All Rental agreements that extend over any fiscal year must contain a clause that the
agreement can be canceled at any time, if funds have not been appropriated for the new
fiscal year. Such termination shall not include any early termination penalties.
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 the Rental program. The County does not own the equipment, but is
merely renting it for a fixed time period.
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NO Third Party rentals will be considered.
b. Lease-Purchase: Any Third-Party agreement where title transfers to the County at tt i
end of the term, whether or not there is a buyout cost associated with such transfer c„
title.
All Lease-Purchases of equipment purchased under this agreement shall be
subject to the County's Master Lease Agreement. No other Lease-Purchase
agreement will be permitted unless recommended by the Purchasing Department
and approved by the Board of Supervisors.
B. Photocopier 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 Colton, Fontana, Loma Linda, Mentone, Redlands, Rialto, San Bernardino, Yucaipa
ZONE 2 Big Bear, Crestline, Lake Arrowhead, Running Springs, Twin Peaks, Wri htwood
ZONE 3 Chino, Montclair, Ontario, Rancho Cucamonga, Upland
ZONE 4 Joshua Tree, Moron go,Valley, and Yucca Valle
ZONE 5 Apple Valley, Barstow, Hesperia, Needles, Victorville, 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 AM, the
County will expect a service technician to arrive at the requesting location in the PM, 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.
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. Vendor is 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 Avenue
San Bernardino, CA 92415
Information Services Department—Technology Operations
670 E. Gilbert Street
San Bernardino, CA 92415
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Office of Emergency Services
1743 Miro Way
Rialto, CA 92376
Sheriff's Department
Locations throughout the County
5. Loaner Machines: If agreement equipment is irreparable 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 agreement 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 agreement. Written estimates for work required for the
aforementioned reasons will be submitted in advance 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.
GENERAL AGREEMENT TERMS
1. LEGALITY AND SEVERABILITY
The parties' actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and
governmental agency orders. If a provision of the Contract is terminated or held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
2. TAXES
COUNTY is exempt from Federal excise taxes and no payment shall be made for any personal property taxes
levied on VENDOR or on any taxes levied on employee wages. The COUNTY shall only pay for any State or
local sales or use taxes on the services rendered or equipment and/or parts supplied to the COUNTY pursuant to
the Contract.
3. REPRESENTATION OF THE COUNTY
In the performance of the Agreement, VENDOR, its agents and employees, shall act in an independent capacity
and not as officers, employees, or agents of the County of San Bernardino.
4. VENDOR PRIMARY CONTACT
The VENDOR will designate an individual to serve as the primary point of contact for the Agreement. VENDOR or
designee must respond to COUNTY inquiries within one (1) business day. VENDOR shall not change the primary
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contact without written notification and acceptance of the COUNTY. VENDOR will also designate a back-up point
of contact in the event the primary contact is not available.
5 CHANGE OF ADDRESS
VENDOR shall notify the COUNTY in writing of any change in mailing address within ten (10) business days of
the change.
6 AGREEMENT ASSIGNABILITY
Without the prior written consent of the COUNTY, the Agreement is not assignable by VENDOR either in whole or
in part.
7. AGREEMENT AMENDMENTS
VENDOR agrees any alterations, variations, modifications, or waivers of the provisions of the Agreement, shall be
valid only when reduced to writing, executed and attached to the original Agreement and approved by the
required persons.
8. ATTORNEY FEES AND COSTS
If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its own costs and
attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney
fees directly arising from a third-party legal action against a party hereto and payable under the Section titled
Indemnification.
9. VENUE
The venue of any action or claim brought by any party to this Agreement will be the Central District Court of San
Bernardino County. Each party hereby waives any law or rule of the court, which would allow them to request or
demand a change of venue. If any action or claim concerning this Agreement is brought by any third-party and
filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Central
District Court of San Bernardino County.
10. LICENSES AND PERMITS
VENDOR shall ensure that it has all necessary licenses and permits required by the laws of Federal, State,
County, and municipal laws, ordinances, rules and regulations. The VENDOR shall maintain these licenses and
permits in effect for the duration of this Agreement. VENDOR will notify COUNTY immediately of loss or
suspension of any such licenses and permits. Failure to maintain a required license or permit may result in
immediate termination of this Agreement.
11. NOTIFICATION REGARDING PERFORMANCE
In the event of a problem or potential problem that could impact the quality or quantity of work, services, or the
level of performance under this Agreement, the VENDOR shall notify the COUNTY within one (1) working day, in
writing and by telephone.
12. CONFLICT OF INTEREST
VENDOR shall make all reasonable efforts to ensure that no COUNTY officer or employee, whose position in the
COUNTY enables him/her to influence any award of this contract or any competing offer, shall have any direct or
indirect financial interest resulting from the award of this contract or shall have any relationship to the VENDOR or
officer or employee of the VENDOR.
13. 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 this Agreement.
The COUNTY, by written notice, may immediately terminate any Agreement 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 amendmer
extension or evaluation process once an Agreement has been awarded.
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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.
14. EMPLOYMENT OF FORMER COUNTY OFFICIALS
VENDOR agrees to provide or has already provided information on former County of San Bernardino
administrative officials (as defined below) who are employed by or represent VENDOR. The information provided
includes 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. The information also
includes the employment with or representation of VENDOR. For purposes of this provision, "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 group head, assistant
department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.
15. INACCURACIES OR MISREPRESENTATIONS
If in the administration of an Agreement, the COUNTY determines that VENDOR has made a material
misstatement, misrepresentation, or omission that materially inaccurate information has been provided to the
COUNTY during the RFP process, the Agreement may be immediately terminated. In the event of a termination
under this provision, the COUNTY is entitled to pursue any available legal remedies.
16. RECYCLED PAPER PRODUCTS
The COUNTY has adopted a recycled product purchasing standards policy (11-10), which requires contractors to
use recycled paper for proposals and for any printed or photocopied material created as a result of a contract with
the COUNTY. The policy also requires Contractors to use both sides of paper sheets for reports submitted to the
COUNTY whenever practicable
17. OWNERSHIP OF DOCUMENTS
All documents, data, products, graphics, computer programs, and reports prepared by the VENDOR pursuant to
this Contract shall be considered property of the COUNTY upon payment for product/services. All such items
shall be delivered to the COUNTY at the completion of work under this Contract, subject to the requirements of
the Section Termination for Convenience. Unless otherwise directed by the COUNTY, VENDOR may retain
copies of such items.
18. INVOICES
VENDOR shall provide COUNTY itemized monthly invoices, in arrears, for services performed under this
Agreement within twenty(20)days of the end of the previous month.
19. RELEASE OF INFORMATION
No news releases, advertisements, public announcements or photographs arising out of this Agreement or
VENDOR's relationship with COUNTY may be made or used without prior written approval of the COUNTY.
20. DAMAGE TO COUNTY PROPERTY. FACILITIES, BUILDINGS, OR GROUNDS
The VENDOR shall repair, or cause to be repaired, at its own cost, all damage to COUNTY vehicles, facilities,
buildings or grounds caused by the willful or negligent acts of VENDOR or employees or agents of the VENDOR.
Such repairs shall be made immediately after VENDOR becomes aware of such damage, but in no event later
than thirty(30) days after the occurrence.
If the VENDOR fails to make timely repairs, the COUNTY may make any necessary repairs. The VENDOR, as
determined by the COUNTY, for such repairs shall repay all costs incurred by the COUNTY, by cash payment
upon demand or COUNTY may deduct such costs from any amounts due to the VENDOR from the COUNTY.
21. AIR, WATER POLLUTION CONTROL, SAFETY AND HEALTH
VENDOR shall comply with all air pollution control, water pollution, safety and health ordinances and statutes,
which apply to the work performed pursuant to this contract.
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22 DRUG AND ALCOHOL-FREE WORKPLACE `
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition
this Agreement, the VENDOR agrees that the VENDOR and the VENDOR'S employees, while performing services
for the COUNTY, on COUNTY property, or while using COUNTY equipment:
A. Shall not be in any way impaired because of being under the influence of alcohol or a drug.
B. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an
illegal drug.
C. Shall not sell, offer, or provide alcohol or a drug to another person.
This shall not be applicable to a VENDOR or VENDOR'S employee who, as part of the performance of
normal job duties and responsibilities, prescribes or administers medically prescribed drugs.
The VENDOR shall inform all employees that are performing service for the COUNTY on COUNTY property, or
using COUNTY equipment, of the COUNTY's objective of a safe, healthful and productive work place and the
prohibition of drug or alcohol use or impairment from same while performing such service for the COUNTY.
The COUNTY may terminate for default or breach of this Agreement and any other agreement the VENDOR has
with the COUNTY, if the VENDOR or VENDOR'S employees are determined by the COUNTY not to be in
compliance with above.
23. NOTICE OF DELAYS
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is
delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four (24)
hours, give notice thereof, including all relevant information with respect thereto, to the other party.
24. PRICE GUARANTEE AND PRICE ESCALATION
All prices will be considered firm for the entire period of the contract unless otherwise stated. If the Contractor
seeks any increases in price the COUNTY requires bona fide proof of cost increases on contracts prior to any
price escalation adjustment. A minimum thirty days advance written notice is required to secure sur'
adjustments. No retroactive pricing adjustments will be considered. Written approval of the COUNTY must L-C
obtained prior to the effective date of any adjustments. The COUNTY may enforce, adjust or terminate escalating
price contracts as it sees fit.
25. CONTRACTOR/VENDOR NONDISCLOSURE AGREEMENT
The COUNTY has a legal and ethical responsibility to safeguard the privacy of all patients and to protect the
confidentiality of their information. In the course of its business relationship with the COUNTY, VENDOR and its
employees and/or agents may come into possession of confidential patient information. In consideration of, and
as a condition to its relation with the COUNTY, VENDOR must agree to protect the privacy of the patients.
26. DISCLOSURE OF CRIMINAL AND CIVIL PROCEEDINGS
The COUNTY reserves the right to request the information described herein from the VENDOR selected for
contract award. Failure to provide the information may result in a disqualification from the selection process and
no award of contract to the vendor. The COUNTY also reserves the right to obtain the requested information by
way of a background check performed by an investigative firm. The selected vendor also may be requested to
provide information to clarify initial responses. Negative information provided or discovered may result in
disqualification from the selection process and no award of contract.
The selected vendor may be asked to disclose whether the firm, or any of its partners, principals, members,
associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or
had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or
indirectly from the conduct of the firm's business, or whether the firm, or any of it partners, principals, members,
associates or key employees, has within the last ten years, been indicted on or had charges brought against it or
them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response
is affirmative, the vendor will be asked to describe any such indictments or charges (and the status thereof),
convictions and the surrounding circumstances in detail.
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,n addition, the selected VENDOR may also be asked to disclose whether the firm, or any of its partners,
principals, members, associates or key employees, within the last ten years, has been the subject of legal
proceedings as defined herein arising directly from the provision of services by the firm or those individuals.
"Legal proceedings" means any civil actions filed in a court of competent jurisdiction, or any matters filed by an
administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative,
the VENDOR will be asked to describe any such legal proceedings (and the status and disposition thereof) and
the surrounding circumstances in detail.
For purposes of this provision "key employees" includes any individuals providing direct service to the COUNTY.
"Key employees" do not include clerical personnel providing service at the firm's offices or locations.
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 from
VENDOR's acts, errors or omissions 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. INSURANCE COVERAGE
Without in any way affecting the indemnity herein provided and in addition thereto, the VENDOR shall secure and
maintain throughout the Agreement 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 VENDOR 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 may 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
The VENDOR shall require the carriers of the above-required coverage to waive all rights of subrogation against
the COUNTY, its officers, employees, agents, volunteers, vendors, and subcontractors.
5. POLICIES PRIMARY AND NON-CONTRIBUTORY
All policies required above are to be primary and non-contributory with any insurance or self-insurance programs
carried or administered by the COUNTY.
6. PROOF OF COVERAGE
The VENDOR shall immediately furnish certificates of insurance to the COUNTY Department administering the
Agreement evidencing the insurance coverage, including the endorsements above required, prior to the
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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
such services. Within sixty (60) days of the commencement of this Agreement, the VENDOR shall furnish certifieu
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 coverage limits must be made by amendment to this Agreement. VENDOR agrees
to execute any such amendment within thirty(30) days of receipt.
RIGHT TO MONITOR AND AUDIT
1. RIGHT TO MONITOR
The 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. VENDOR shall give full cooperation, in any
auditing or monitoring conducted. VENDOR shall cooperate with the COUNTY in the implementation, monitoring
and evaluation of this Agreement and comply with any and all reporting requirements established by the
COUNTY.
2. AVAILABILITY OF RECORDS
All records pertaining to services delivered and all fiscal, statistical and management books and records shall b,C
available for examination and audit by COUNTY representatives for a period of three years after final payment
under the Agreement or until all pending COUNTY, State and Federal audits are completed, whichever is later.
STATUS OF PARTIES
1. The parties hereby expressly understand and agree that this Agreement is not intended and shall not be
construed to create a relationship of agent, servant, employee, partnership, joint venture, or association between
VENDOR and COUNTY but is rather an Agreement by and between independent contractors.
2. The parties hereby expressly understand and agree that their employees, agents, and independent contractors
are not the employees or agents of the other party for any purpose, including, but not limited to, compensation for
services, employee welfare and pension benefits, other fringe benefits of employment, or workers' compensation
insurance.
MODIFICATION
No modification, amendment, supplement to, or waiver of any provision of this Agreement shall be binding upon the
parties unless made in writing and duly signed by all parties.
SEVERABILITY
The provisions of this Agreement are specifically made severable. If any clause, provision, right and/or remedy provided
herein are unenforceable or inoperative, the remainder of this Agreement shall be enforced as if such clause, provision,
right and/or remedy were not contained herein.
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ALTERNATIVE DISPUTE RESOLUTION
Ir the event the COUNTY determines that service is unsatisfactory, or in the event of any other dispute, claim, question or
sagreement arising from or relating to this Agreement or breach thereof, the parties hereto shall use their best efforts to
•ettle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in
good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both
parties.
NOTICES
All written notices provided for in this Agreement or which either party desires to give to the other shall be deemed fully
given, when made in writing and personally delivered to the other party or deposited in the United States mail, certified
with return receipt requested and postage prepaid, and addressed to the other party as follows:
County of San Bernardino Konica-Minolta Business Solutions
Purchasing Department 1831 Commercenter West
Attn: Bill Brock, Deputy Purchasing Agent San Bernardino, CA 92408
777 East Rialto Avenue
San Bernardino, CA 92415-0760
ENTIRE AGREEMENT
This Agreement contains the final, complete and exclusive Agreement between the parties hereto. Any prior Agreement
promises, negotiations or representations relating to the subject matter of this Agreement not expressly set forth herein
are of no force or effect. This Agreement is executed without reliance upon any promise, warranty or representation by
any party or any representative of any party other than those expressly contained herein. Each party has carefully read
this Agreement and signs the same of its own free will.
Any and all terms and conditions contained in the Agreement shall supersede any conflicting terms and conditions
contained in any documents, Purchase Orders, Bills of Lading or similar documents.
OUNTY OF BERNA O !(! fi',//UOC aJ_ tJF �d�tAi
(1 �te. of c orpo ion, compa , contractor,etc.)
By
Bill Postmus, Chairman, Board of Supervisors (Aut orized signatur -sign in blue ink)
Dated: APR 1 1 ?nnfi Name N
(P nt or type name of person signing contra t)
SIGNED AND CERTIF PY OF THIS
DOCUMENT HAS _1EAV i4B THE Title
CHAIRMAN OF is (Print or T pe)
isors Dated: 0 ,
A:Z; h ` D* m dino.
A. B VA D
By - Address ��� l�t�nJ1Yt Q�eQ-41tw
A roved as to al Fo 4 RDIN0 C Reviewed by Contract Compliance Present BI!S g a r
County Couns Depa ment Hea
Date to Date Date 2
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�_
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Exhibit "B"
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this day of 200_,by and
3 between ("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
7 in 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
12 a 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
18 to provide those products and services as set forth in Exhibit "A" , "Request for Proposal, County
19 of San Bernardino", dated November 11, 2005, attached hereto and incorporated herein by this
20 reference.
21 2. COMPENSATION AND EXPENSES.
22 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
23 pay the VENDOR the amount of for
24 b. No other expenditures made by VENDOR shall be reimbursed by CITY,
25 3. TERM; SEVERABILITY.
26 The term of this Agreement shall be for a period of year(s).
27 This Agreement may be terminated at any time by thirty(30) days written notice by either
28 party. The terms of this Agreement shall remain in force unless mutually amended. The duration
DHC/js[Agreements\Vendor.Agreement] 1
I of this Agreement may be extended with the written consent of both parties.
2 4. INDEMNITY.
3 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers
4 from any and all claims,actions,or losses,damages and/or liability resulting from CITY's negligent
5 acts or omissions arising from the CITY's performance of its obligations under the Agreement.
6 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
7 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
8 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations
9 under the Agreement.
10 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
11 claim, action, loss,or damage which results from their respective obligations under the Agreement,
12 the CITY and/or VENDOR shall indemnify the other to the extent of its comparative fault.
13 5. INSURANCE.
14 While not restricting or limiting the forgoing,during the term of this Agreement,VENDOR
15 shall maintain in effect policies of comprehensive public,general and automobile liability insurance,
16 in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation
17 coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking
18 any work under this Agreement . CITY shall be set forth as an additional named insured in each
19 policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall
20 require the insurer to notify CITY of any change or termination in the policy.
21 6. NON-DISCRIMINATION.
22 In the performance of this Agreement and in the hiring and recruitment of employees,
23 VENDOR shall not discriminate on the basis of race,creed, color,religion, sex,physical handicap,
24 ethnic background or country of origin.
25 7. INDEPENDENT CONTRACTOR.
26 VENDOR shall perform work tasks provided by this Agreement, but for all intents and
27 purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY.
28 VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax,
DHC/js(Agreemen ts\Ven dor.Agreement] 2
I Social Security,State Disability Insurance Compensation,Unemployment Compensation,and other
2 payroll deductions for VENDOR and its officers, agents, and employees, and all business licenses,
3 if any are required, in connection with the services to be performed hereunder.
4 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
5 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
6 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
7 qualifications, insurance and approval of whatever nature that are legally required of VENDOR to
8 practice its business or profession.
9 9. NOTICES.
10 Any notice to be given pursuant to this Agreement shall be deposited with the United States
11 Postal Service, postage prepaid and addressed as follows:
12 TO THE CITY: City Purchasing Manager
300 North "D" Street
13 San Bernardino, CA 92418
Telephone: (909) 384-5242
14
15 TO THE VENDOR:
16
17
18 10. ATTORNEYS' FEES
19 In the event that litigation is brought by any party in connection with this Agreement, the
20 prevailing party shall be entitled to recover from the opposing party all costs and expenses,including
21 reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or
22 remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The
23 costs, salary and expenses of the City Attorney and members of his office in enforcing this
24 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this
25 paragraph.
26 11. ASSIGNMENT.
27 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber
28 all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent.
DHC/js[Agreements\Vendor.Agreement] 3
I Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a
2 breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's
3 consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform
4 all other obligations to be performed by VENDOR hereunder for the term of this Agreement.
5 12. VENUE.
6 The parties hereto agree that all actions or proceedings arising in connection with this
7 Agreement shall be tried and litigated either in the State courts located in the County of San
8 Bernardino, State of California or the U.S. District Court for the Central District of California,
9 Riverside Division. The aforementioned choice of venue is intended by the parties to be the
10 mandatory and not permissive in nature.
11 13. GOVERNING LAW.
12 This Agreement shall be governed by the laws of the State of California.
13 14. SUCCESSORS AND ASSIGNS.
14 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
15 and their respective heirs, representatives, successors, and assigns.
16 15. HEADINGS.
17 The subject headings of the sections of this Agreement are included for the purposes of
18 convenience only and shall not affect the construction or the interpretation of any of its provisions.
19 16. ENTIRE AGREEMENT; MODIFICATION.
20 This Agreement constitutes the entire agreement and the understanding between the parties,
21 and supercedes any prior agreements and understandings relating to the subject manner of this
22 Agreement. This Agreement may be modified or amended only by a written instrument executed
23 by all parties to this Agreement.
24
25
26
27
28
DHC/js[Agreements\Vendor.Agreement] 4
i
1
2 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
3 date set forth below.
4 Dated: , 200 VENDOR.
5
By:
6
Its:
7
8
Dated 1200_ CITY OF SAN BERNARDINO
9
10 By:
Fred Wilson, City Manager
11
12
Approved as to Form:
13
JAMES F. PENMAN,
14 City Attorney
15
16 By:
James F. Penman, City Attorney
17
18
19
20
21
22
23
24
25
26
27
28
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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;
Burtronics Business Systems; Ikon Office Solutions; Toshiba America Business Solutions;
Konica-Minolta Business Solutions and Xerox Corporation.
BACKGROUND
The City currently owns and operates approximately 50 copiers within all City departments. The
majority of these copiers were purchased in 2000, with a life expectancy of five (5) years.
Warranties on these copiers expired in 2005; since then the City has been paying a "time and
materials" rate for repairs. 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 is
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.
Recently, the County of San Bernardino issued an RFP (Request for Proposal) for a copier rental
program and awarded agreements to seven (7) vendors. In accordance with Section
3.04.01013(2) of the City of San Bernardino's Municipal Code, the Finance Department is
recommending that the City award contracts based upon the County's RFP.
Request for Proposal Process and Contract Award
On December 21, 2005, the County of San Bernardino's Purchasing Department issued a
Request for Proposal (RFP G47) for Copiers and Facsimile Machines. The RFP was posted on
the County's website and notices were mailed to fifty-seven vendors, with thirteen vendors
attending the mandatory pre-proposal conference. The County received nine responses
(including one response strictly for fax machines) with one response deemed to be non-
responsive.
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 11, 2006 the County recommended the
vendors referenced below, including four (4) 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
Burtronics Business Systems (San Bernardino)— Toshiba, Lanier and Konica-
Minolta Copiers
Canon Business Solutions West(Rancho Cucamonga)—Canon Copiers
Ikon Office Solutions (Redlands)—Canon Copiers
Toshiba America Business Solutions, Inc (Riverside)—Toshiba Copiers
Xerox Corporation(San Bernardino)—Xerox Copiers
Konica-Minolta Business Solutions, Inc. (San Bernardino) - Konica-Minolta
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 have included funds in their FY 2006-2007 budgets for copier usage costs.
RECOMMENDATION
1. Adopt Resolution.