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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of
an agreement and purchase order in the
amount of $53,000.00 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.
Dept: Public Services
Date: June 25, 2007
Meeting Date: July 16, 2007
Synopsis of Previous Council Action:
February 20,2007 - Resolution No. 2007-55 - Council authorized the execution of an
agreement and purchase order in the amount of $27,000.00 and not to exceed
$51,900.00.
Recommended Motion:
Adopt Resolution
Signature
Contact person: Ken Fischer, Director
Supporting data attached:
Staff Report, Resolution
Phone:
5140
All
Ward:
FUNDING REQUIREMENTS:
Amount:
$53,000.00
FY 07-08
Account Number 001-408-
5111
Materials and Supplies
Source:
Finance:
Council Notes:
Agenda Item No. )..2,
7/J(p/07
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and purchase order in the amount of
$53,000.00 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 signal
intersections.
Background:
A formal bid process was initiated to solicit bids for the street light systems and signal
intersections. Consolidated Electric Distributors submitted the lowest bid for the
purchase of a variety of parts needed to repair the street light systems and signal
intersections. On February 20, 2007, the Mayor and City Council authorized the
execution of an agreement and purchase order in the amount of $27,000.00 and not to
exceed $51,900.00.
On April 19, 2007, Consolidated Electric Distributors (San Bernardino) sent the City of
San Bernardino a letter indicating that the price for some of their parts will increase by
approximately 30% due to the rise in copper and steel costs. Staff recommends
acceptance of the contract changes for fiscal year 2007/2008. Consolidated Electric
Distributors is a local vendor and has done a good job supplying the City of San
Bernardino with a variety of parts needed to repair the street light systems and signal
intersections. Staff, therefore, recommends that Council authorize the execution of an
agreement and purchase order in the amount of $53,000.00. This purchase is exempt
from the formal contract procedures of Section 3.04.010 of the Municipal Code,
pursuant to Section 3.04.010. B.3 of said Code, "Purchases approved by the Mayor and
Common Council".
Financial Impact:
Funds are available and have been budgeted in FY 07-08, Account Number 001-408-
5111 Materials and Supplies.
Recommendation:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $53,000.00 BETWEEN THE CITY OF
SAN BERNARDINO AND CONSOLIDATED ELECTRIC DISTRIBUTORS
PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR THE
PURCHASE OF A VARIETY OF PARTS NEEDED TO REPAIR THE STREET LIGHT
SYSTEMS AND SIGNAL INTERSECTIONS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That Consolidated Electric Distributors previously submitted the
lowest bid for electrical parts needed to repair the street light systems and signal
intersections; and,
SECTION 2. That the City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and Consolidated Electric Distributors a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
length; and
SECTION 3. This purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
Code, "Purchases approved by the Mayor and Common Council'; and
SECTION 4. Pursuant to this determination the Purchasing Manager is hereby
authorized to issue a purchase order to Consolidated Electric Distributors in the
amount of $53,000.00. The Purchase Order shall reference this Resolution No.
and shall read, "Consolidated Electric Distributors for the purchase of a
variety of parts needed to repair the street light system and signal intersections," not to
exceed $53,000.00 and shall incorporate the terms and conditions of this Resolution.
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07- Ih-D)
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 PURCHASE ORDER IN THE AMOUNT OF $53,000.00 BETWEEN THE CITY OF
SAN BERNARDINO AND CONSOLIDATED ELECTRIC DISTRIBUTORS
3 PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR THE
PURCHASE OF A VARIETY OF PARTS NEEDED TO REPAIR THE STREET LIGHT
4 SYSTEMS AND SIGNAL INTERSECTIONS.
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SECTION 5. The authorization to execute the above referenced Purchase
Order is rescinded in not issued within sixty (60) days of the passage of this
Resolution.
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11/
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $53,000.00 BETWEEN THE CITY OF
SAN BERNARDINO AND CONSOLIDATED ELECTRIC DISTRIBUTORS
PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR THE
PURCHASE OF A VARIETY OF PARTS NEEDED TO REPAIR THE STREET LIGHT
SYSTEMS AND SIGNAL INTERSECTIONS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2007, by the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2007.
day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
By: ,/~
James F. Penman
City Attorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 16th day of July
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 execute an agreement and purchase order 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 are to
supply electrical parts for street lighting and signal maintenance repairs.
2. COMPENSA nON AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $53,000.00 for a variety of parts needed to
repair the street light systems and signalized intersections. Said amount shall be
adjusted for any decrease in the cost of materials. Contractor shall provide monthly
statement during term of Agreement.
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Exhibit "A"
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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, 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 claims, actions, 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
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Exhibit "A"
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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 engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
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,
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Exhibit "A"
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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
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Exhibit "A"
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Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
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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Exhibit "A"
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2007
VENDOR.
By:
Its:
Dated
,2007
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
By:
James F. Penman, City Attorney
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Exhibit "A"
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 16th day of July
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 execute an agreement and purchase order 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 are to
supply electrical parts for street lighting and signal maintenance repairs.
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 $53,000.00 for a variety of parts needed to
repair the street light systems and signalized intersections. Said amount shall be
adjusted for any decrease in the cost of materials. Contractor shall provide monthly
statement during term of Agreement.
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b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term ofthis 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, 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 claims, actions, 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
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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 engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
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,
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qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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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
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Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convemence 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
and date set forth below.
Dated:
,2007
VENDOR.
By:
Its:
CITY OF SAN BERNARDINO
By:
Dated
,2007
Fred Wilson, City Manager
Approved as to Form:
,~
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