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ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director Subject: Resolution authorizing the
execution of an agreement and
Dept: Public Services purchase order in the amount of
$27,000.00 between the City of San
Date: January 26, 2007 Bernardino and Consolidated Electric
Distributors for the purchase of a variety
of parts needed to repair the street light
systems and signal intersections.
Meeting Date: February 20, 2007
Synopsis of Previous Council Action:
Recommended Motion:
Adopt Resolution
ignature
Contact person: Ken Fischer, Director Phone: 5140
Supporting data attached: Ward: All
Staff Report, Resolution
FUNDING REQUIREMENTS: Amount: $27,000.00
Source: FY 06-07
Account Number 001-408-
5111
Materials and Supplies
Finance:
Council Notes: " -7
Agenda Item o. f Q
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CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A resolution authorizing the execution of an agreement and purchase order in the
amount of $27,000.00 between the City of San Bernardino and Consolidated Electric
Distributors for the purchase of a variety of parts needed to repair the street light
systems and signal intersections.
Background:
The Public Services Department, Street Division maintains and repairs the City's street
light systems and signal intersections. The current vendor was selected after bids were
received from three (3) local vendors and Consolidated Electric Distributors was
determined to be the lowest responsible bidder. The current purchase order with
Consolidated Electric Distributors was for $24,900.00, which staff has exhausted at this
time.
Notices inviting bids for the miscellaneous parts were previously sent to three (3) local
qualified vendors. Only two vendors responded with complete bids. The bids received
are as follows:
Name Location Miscellaneous parts totals
Consolidated Electric Distributors San Bernardino, CA $ 745.71
GraybaR San Bernardino, CA $ 792.59
Wesco San Bernardino, CA Non- responsive
The Public Services Department, Street Division is requesting that Council approve this
purchase order for an additional $27,000.00 to Consolidated Electric Distributors in
order to continue with maintenance and repairs. The amount requested will allow staff
to purchase the necessary parts and materials needed for the remainder of the FY 06-
07.
Financial Impact:
Funding for this expenditure is contained in the FY 06-07 budget from Account Number
001-408-5111 Materials and Supplies.
Recommendation:
Adopt resolution.
a
OPY
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $27,000.00 BETWEEN THE CITY OF
4 SAN BERNARDINO AND CONSOLIDATED ELECTRIC DISTRIBUTORS FOR THE
PURCHASE OF A VARIETY OF PARTS NEEDED TO REPAIR THE STREET LIGHT
5 SYSTEMS AND SIGNAL INTERSECTIONS.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to
9 execute on behalf of said City an Agreement between the City of San Bernardino and
10 Consolidated Electric Distributors, a copy of which is attached hereto, marked Exhibit
11 "A" and incorporated herein by reference as fully as though set forth at length.
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SECTION 2. That Consolidated Electric Distributors submitted the lowest bid
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14 for electrical parts needed to repair the street light systems and signal intersections;
15 pursuant to this determination the Purchasing Manager is hereby authorized to issue a
16 purchase order to Consolidated Electric Distributors in the amount of $27,000.00.
17 SECTION 3. The Purchase Order shall reference this Resolution No.
18 and shall read, "Consolidated Electric Distributors for the purchase of a variety of parts
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needed to repair the street light system and signal intersections," not to exceed
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21 $27,000.00 and shall incorporate the terms and conditions of this Resolution.
22 SECTION 4. The Agreement shall reference this Resolution No. 2007 and
23 shall read, "Consolidated Electric Distributors for the purchase of a variety of parts
24 needed to repair the street light system and signal intersections," not to exceed
25 $27,000.00 and shall incorporate the terms and conditions of this Resolution.
26 111
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 PURCHASE ORDER IN THE AMOUNT OF $27,000.00 BETWEEN THE CITY OF
3 SAN BERNARDINO AND CONSOLIDATED ELECTRIC DISTRIBUTORS FOR THE
PURCHASE OF A VARIETY OF PARTS NEEDED TO REPAIR THE STREET LIGHT
4 SYSTEMS AND SIGNAL INTERSECTIONS.
5 SECTION 5. The authorization to execute the above referenced Purchase
6 Order and Agreement is rescinded if not issued within sixty (60) days of the passage
7 of this Resolution.
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i
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 PURCHASE ORDER IN THE AMOUNT OF $27,000.00 BETWEEN THE CITY OF
SAN BERNARDINO AND CONSOLIDATED ELECTRIC DISTRIBUTORS FOR THE
3 PURCHASE OF A VARIETY OF PARTS NEEDED TO REPAIR THE STREET LIGHT
4 SYSTEMS AND SIGNAL INTERSECTIONS.
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6
7 Mayor and Common Council of the City of San Bernardino at a
8 meeting thereof, held on the day of 2007, by the
9 following vote, to wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 ESTRADA
12 BAXTER
13
BRINKER
14
15 DERRY
16 KELLEY
17 JOHNSON
18 MCCAMMACK
19
20
Rachel G. Clark, City Clerk
21
The foregoing resolution is hereby approved this day of
22 , 2007.
23
24 Patrick J. Morris, Mayor
City of San Bernardino
25 Appr vea as to Form:
26 �
By;
27 J MES F. PENMAN
ity Attorney
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VENDOR SERVICE AGREEMENT
I
This Vendor Service Agreement is entered into this 20th day of February
2007, by and between Consolidated Electric Distributors ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to increase Purchase Order Number 207151 by for the
purchase of a variety of parts needed to repair the street light systems and signalized
intersections; and
WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors for the variety of parts needed to repair the street light systems and
signalized intersections.
NOW,THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in this purchase agreement.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of$27,000.00 for a variety of parts needed to
repair the street light systems and signalized intersections throughout the City.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter S of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR: Consolidated Electric Distributors
580 E. Mill Street
San Bernardino, CA 92408
Telephone: (909) 889-1071
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
JPk
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
a and date set forth below.
Dated: 12007 VENDOR.
By:
Its:
Dated , 2007 CITY OF SAN BERNARDINO
By:
Patrick J. Morris, Mayor
Approved as to Form:
By: 7-
Ja e F. Penman, City Attorney