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HomeMy WebLinkAbout20-Public Services j 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 $57,242.18 between the City of San Date: February 9, 2007 Bernardino and Iteris pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of upgraded video detection systems utilized by the Public Services Department, Street Division. Meeting Date: February 20, 2007 Synopsis of Previous Council Action: Recommended Motion: 1) Adopt Resolution ignature Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Staff Report Ward: All Resolution, Agreement, Bids FUNDING REQUIREMENTS: Amount: $ 57,242.18 Source: FY 06-07 Account Number 250-370- 5504-7338 Upgrade Traffic Signals ,� Finance: Council Notes: 4 -0 Z067-.3(0 A 11 44 Agenda Ite o. — i 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 $57,242.18 between the City of San Bernardino and Iteris pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of upgraded video detection systems utilized by the Public Services Department, Street Division. BACKGROUND: The Public Services Department is requesting Council to approve an upgrade to the video detection system at four (4) intersections. The current video detection systems at the intersections of Orange Show Road and E Street, Mall South Way and E Street, Mall North Way and E Street, Mill Street and E Street are in need of replacement. The detection systems at each intersection have failed and the equipment is no longer repairable. It is necessary to coordinate the traffic flow in the areas around the Inland Center Mall. Therefore, staff recommends the replacement of the video cameras, camera mounts, and detection modules at each intersection. In addition, staff has reviewed the improvements to the intersections with the Development Services Department, Traffic Division and a full approval to make the upgrades was received. Public Services staff will remove the defective equipment and install the new equipment to keep the cost to a minimum. Since there are no local vendors and only two companies offer this type of specialized equipment, the Department has received quotes for the Video Detection Systems upgrades from only two vendors. The vendor, their business location and prices quote is listed below. Vendor Location Quote Iteris Anaheim $57,242.18 JTB Orange $90,294.50 The signal intersections are a vital link to support the traffic flows throughout the City. Keeping the intersections operating for the motorized public is a high priority for the Public Services Department, Street Division. Staff recommends that Iteris be issued a purchase order in the amount of $57,242.18 to replace the needed equipment pursuant to Section 3.04.010 B-3 of the Municipal Code (purchases approved by the Mayor and Common Council). FINANCIAL IMPACT: Funds for this purchase are available and have been budgeted in the FY 06-07, Account Number 250-370-5504-7338, Traffic Signal Maintenance Program Fund. RECOMMENDATION: Adopt resolution. 4 COPY 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 $57,242.18 BETWEEN THE CITY OF 4 SAN BERNARDINO AND ITERIS FOR THE PURCHASE PURSUANT TO 3.04.010 B.3. OF UPGRADED VIDEO DETECTION SYSTEMS UTILIZED BY THE PUBLIC 5 SERVICES DEPARTMENT, STREET DIVISION. 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 Iteris, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein 11 by reference as fully as though set forth at length. 12 13 SECTION 2. This purchase is exempt from the formal contract procedures of 14 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said 15 Code. 16 SECTION 3. That Iteris submitted the lowest quote for the purchase of new 17 video detection systems in the amount of $57,242.18. Pursuant to this determination 18 the Purchasing Manager is hereby authorized to issue a purchase order to Iteris in the 19 amount of $57,242.18. 20 SECTION 4. The Purchase order shall reference this Resolution No. 21 22 2007 and shall read, "Iteris for the purchase of upgraded video detection 23 systems at four (4) intersections throughout the City of San Bernardino." 24 111 25 111 26 111 27 111 28 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 $57,242.18 BETWEEN THE CITY OF 3 SAN BERNARDINO AND ITERIS FOR THE PURCHASE OF UPGRADED VIDEO DETECTION SYSTEMS UTILIZED BY THE PUBLIC SERVICES DEPARTMENT, 4 STREET DIVISION. 5 SECTION 5. The Agreement shall reference this Resolution No. 6 2007 and shall read, "Iteris for the replacement and upgrades of video 7 detection systems at four (4) intersections throughout the City of San Bernardino. 8 Agreement not to exceed $57,242.18" and shall incorporate the terms and conditions 9 10 of the agreement. 11 SECTION 6. The authorization to execute the above referenced Purchase 12 Order and Agreement is rescinded if it is not issued within sixty (60) days of the 13 passage of this resolution. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 $57,242.18 BETWEEN THE CITY OF 3 SAN BERNARDINO AND ITERIS FOR THE PURCHASE OF UPGRADED VIDEO DETECTION SYSTEMS UTILIZED BY THE PUBLIC SERVICES DEPARTMENT, 4 STREET DIVISION. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 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 14 BRINKER 15 DERRY 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 21 Rachel G. Clark, City Clerk 22 The foregoing resolution is hereby approved this day of , 2007. 23 24 Patrick J. Morris, Mayor 25 City of San Bernardino Approved as to Form: 26 By: 6"'&', 27 ES F. PENMAN ty Attorney 28 Exhibit "A" VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 20th day of February 2007, by and between Iteris ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for the purchase of an upgraded video detection system; and WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for the upgraded video detection systems. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. i 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. i 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 $57,242.18 for upgraded video detection systems. 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 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 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. HI i i 9. NOTICES. i Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: i TO THE CITY: Public Services Director 300 worth "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Iteris 1515 S. Manchester Ave Anaheim, CA 92802 Telephone: (714) 780-7293 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. 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. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day 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: James F. Penman, City Attorney VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 20th day of February 2007, by and between Iteris ("VENDOR") and the City of San Bernardino I ("CITY" or"San Bernardino'). WITNESSETH: I WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for the purchase of an upgraded video detection system; and WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for the upgraded video detection systems. 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 $57,242.18 for upgraded video detection systems. 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. i 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 i I Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the p olicy. 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 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. ® Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Iteris 1515 S. Manchester Ave Anaheim, CA 92802 Telephone: (714) 780-7293 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. ® 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. I IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day ® and date set forth below. Dated: , 2007 VENDOR. By: Its: Dated 12007 CITY OF SAN BERNARDINO By: Patrick J. Morris, Mayor Approved as to Form: B?sF.Ja Pen man, City Attorney 1• r o C3 U O �- r ti�6a W u7 lA Z h N r 7 r N J M f7 a h La LO N Z Q .9 v► w CD m x � E- W — t p J IL H Co -Do d S _ 5 0 N e W r N O O �• w M9 ~ U. m d m m m QJ d t' LL M C f y O > � .. �. 1• V o m j E ci 16- to i E V EL o cr W. W O m Z Q m Y o cp s « V m C U v c 'b 3 p - E o E o " Z S o m o L - .p E oo O O c I C () N o o a o v m E uj C � o. o 4 � � a g T x � Qti N C j N 10 � z W s p U) p o o w Efi m O m o O C7 0 m x U ui 1 W m m Q ` C N m O.to o W O a e c m a - } Q1 t11 a; m JC 2 c 7 7 6i Qt m d1 o ICO b W C u W cn m m m O t L O m W a Q LL p W v ao E c °' E v_ . t m a V V > Q m 0 O a N m r O ul —n E 1O o o m w IL off. w }y E � m o u ti , O i Z 0 d N N to m `L - t0 p Ln m " N cm W 0 O. cl N ° > a u E a m o+ a p+ C d � W O W N d v N � o 5 m C m v Or sir _, n q� m i zy c a iY > Q �i i Quotation To. City of San Bernardino AM. Scott ZO-hm Quote #: 060818-9 From. Matt Pieper Pr.gje f-. PER VmTra.k RFQ JTB supply is pleased to quote on the following equipment: Z5-UniTrak Video Detection Cards $1,560 $39.000 25 -Motorized Zoom Cameras in Housing $1,240 $31,000 25- 10"Vertical Mount Brackets $95 $2,375 15 -4 Channel Output Extension Cards $265 $6,625 6-Turn-On support per Intersection $800 $4,800 3�qoo' no i� Delivery: 30-45 days ARC) Terms: Net 30 days,pending credit verification,Visa or M1C accepted Freight= Included Sales Tax is not included_ Sincerely, JTB Supply Co.,Inc. ARa Reper Regional Sales Monger 1030 N. Batavia, Suite�s Qrange, CA. 928671z714-639-949$s 71.4-639-948*8 fax i