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HomeMy WebLinkAbout25-Public Services ORIGINAL 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 Dept: Public Services Bernardino authorizing the execution of an agreement and increase to Purchase Date: October 8, 2007 Order Number 208219 in the amount of $21,000.00 with two (2) one-year extensions at the City's option with Inland Presort and Mailing Services for refuse mailing services. Meeting Date: November 5, 2007 Synopsis of Previous Council Action: Recommended Motion: Adopt Resolution Signature Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Ward: All Staff Report, Resolution, Vendor Services Agreement, and Bid Specification FUNDING REQUIREMENTS: Amount: $ 21,000.00 Source: FY 07-08 Account Number 527-411- 5181 Finance: Council Notes: � ° 200-7- _10-11 Agenda Item No. d� 111 . o-7 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the execution of an agreement retroactive to November 1, 2007 and increase to Purchase Order Number 208219 in the amount of $21,000.00 with two (2) one-year extensions at the City's option with Inland Presort and Mailing Services for refuse mailing services. Background: The City of San Bernardino, Public Services Department, Integrated Waste Management Division (IWM) utilizes Inland Presort and Mailing Services for the collection and distribution of up to ten thousand (10,000) pieces of refuse billing information mail per month. Inland Presort and Mailing Services, collects our statements, folds them, inserts them into envelopes and delivers them to the post office for us. The billing invoice information is printed in-house. On August 30, 2007 a formal bid process was initiated to solicit bids refuse mailing services. Notices of bids were mailed to the Chamber of Commerce and Eleven (11) vendors, six (6) of which were local vendors. Only two (2) vendors responded. The vendor, their business location, and price quote are listed below. Vendor Location BID Inland Presort Redlands, CA $0.491 per piece of mail Infosend, Inc. Fullerton, CA $0.495 per piece of mail The IWM Division has an interim purchase order with Inland Presort and Mailing Services in the amount of $24,999.00. The interim purchase order allowed time to go out to bid. Since Inland Presort submitted the lowest bid, we are requesting an increase to Purchase Order Number 208219 in the amount of $21,000.00 to Inland Presort and Mailing Services for a total not to exceed $45,999.00. If approved, the initial agreement will be effective on November 1, 2007 through June 30, 2008 with two (2) one-year extensions at the City's option. Option year one, if exercised, will be effective July 1, 2008 through June 30, 2009. Option year two, if exercised, will be effective July 1, 2009 through June 30, 2010. Actual option year pricing shall be negotiated with the successful bidder prior to exercising of any given option year. Since the agreement will be effective on November 1, 2007, Council must ratify the execution of an agreement retroactive to November 1, 2007. Financial Impact: Funding for this purchase is contained in the Integrated Waste Man 07-08 budget, Account Number 527-411-5181 Other Operating Exp of $21,000.00. �ep�acernBn� �� Recommendation: Adopt resolution. v -n D a p m D�D c ° O O O '� x O O O O 7, ) D Z o m' p m m --I v m X co v cn cn cn m m m w r m fl rnf to = O m m O O D o o o o y Q p -n m p- "' O „ m m m Q r ° cn n D m0 m m m rn m -+ m 0 z 0 Z p v Day M p 0 D D cn m �7 r rn < oo p 0 D C) C n C7 D D z _ n O O m m cn 0 cn Z o G) = rn o I m o D z rn r m m —� < m cn m cn Z 0 O m m 0 O (n � z m O m C7 m m r C O -I m cn z n m m C/) z m O's o a m D z ° cn O o g m m z cn m r O m cn m n ZO "I cn iJ D D m r m Z p O m cn cn cn M F -T, .rrte^^ o V V' Z i p O o = ,0 m v m m -o c ° m C Ro r_ Q m D D cn (n n 0 Z Z �7 W ° �° ° c ° o Cl m m a z O ` C7 C/) z o o °o ° °o ° CD ° °' `) o m m o ° ° ° cn m 0 c O v D C) O co m —� ° (D C/) 0- co W L N O _ _0 ° c z cl v r - r O C1) + (n o m cn C 3 (D z °_' D o o Cil O o ? = m C) Z D Q D C) -� U) x' City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-07-55 INTEGRATED WASTE MANAGEMENT MAILING SERVICES NOTICE : "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY I ACCEPTABLE/AS SPECIFIED The City of San Bernardino, Public Services Department, Integrated Waste Management Division is seeking a mailing services vendor for CCU '' the collection and distribution of approximately ten thousand (10,000) pieces of refuse billing information mail per month. 1. SCOPE The vendor will collect our statements from the Integrated Waste Management Customer Service office three to four times per month, fold them, insert them into C �- ' e envelopes,pay for the postage and deliver them to the post office. The vendor shall be available on an on-call basis to provide same day pickup of prepared billing information. s F[•2. REQUIREMENTS e vendor will be responsible for the following: Picking up the statements when ready • Folding the statements • Inserting the statements and return envelopes (99) into a regular window envelope (910). The window envelope (#10) will have your pre-printed permit number on it • Bar-coding and sorting the statements using fast forward (MoveUpdate) which is required by LISPS to A .� meet mandatory move update requirements • Pay for postage �� E • Delivering mail to the post office at no additional e C cost • Storage of approximately 10,000 of each type envelope (#9 and#10) window envelopes each month at no additional costs to the city. • Same day service shall be provided whenever possible • The vendor shall ensure that all mailing services will be completed within 24-hours from the time of pick up. • Purchasing and maintaining inventories of the #9 return envelopes, which will have the City's address and bar code, pre-printed on them. • Purchasing and maintain inventories of the #10 window envelopes, which will have the City's logo and return address in the upper left corner • The vendor will include his/hers permit number on the#10 window envelope. • Providing a cost breakdown for each piece of mail per month in the invoice to reflect the monthly invoice cost. r INVENTORY e vendor shall maintain adequate inventory (envelopes A-e-c e-O- e- #9 and 910). The vendor shall be responsible for purchasing approximately 10,000 envelopes of each type per month. 4. DELIVERY cc. �• to 9 The vendor will be responsible for delivering the mail to the post office within a 24-hour period from the time of pick-up from the IWM Division. A C-C 5. LOST/ STOLEN/DAMAGED The vendor shall be responsible for replacing lost or A-C_C_0 1 damaged billing information. 6. REPLACEMENT CHARGE The vendor will be charged for the reprinting of damaged A--e c e or lost billing information. 1. SAMPLES A sample of City's logo, return address, and P.O. Box A-C C of information shall be provided to the vendor in order for them to print and hold the#9 and #10 envelopes each month. 10 PRICE FORM REQUEST FOR QUOTES: RFQ F-07-55 DESCRIPTION OF RFQ: Integrated Waste Management Mailing Services COMPANY NAME/ADDRESS: 1N LRN1) IDezESC'V i M€ TUIN(A i��al1� (s cA NAME OF AUTHORIZED REPRESENTATIVE �veN CN��ASaamA PRINT NAME TELEPHONE NO. FAX NO. ANNUAL PURCHASE ORDER Effective on or about November 1, 2007 through June 30, 2008 plus Two (2) single year renewal options, for City's requirements, Option year one, if exercised, shall be effective July 1, 2008 through June 30, 2009. Option year two, if exercised, shall be effective July 1, 2009 through June 30, 2010. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. 1. Price per piece of mail $ 0. Ll 9 I "„�`1� `�� 0 (price must include all requirements as stated in Technical Specifications #2. REQUIREMENTS.) 15 COPY 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE EXECUTION OF AN AGREEMENT 3 RETROACTIVE TO NOVEMBER 1, 2007 AND INCREASE TO PURCHASE ORDER NUMBER 208219 IN THE AMOUNT OF $21,000.00 WITH TWO (2) ONE-YEAR , 4 EXTENSIONS AT THE CITY'S OPTION WITH INLAND PRESORT AND MAILING 5 SERVICES FOR REFUSE MAILING SERVICES. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. That Inland Presort and Mailing Services submitted the lowest bid 9 for refuse mailing services per bid specification RFQ-F-07-55 and; 10 SECTION 2. That the City Manager is hereby authorized to execute on behalf 11 12 of said City a Vendor Services Agreement between the City of San Bernardino and 13 Inland Presort and Mailing Services, a form of which is attached hereto, marked 14 Exhibit "A" and incorporated herein by reference as fully as though set forth at length; 15 and 16 SECTION 3. That pursuant to this determination the Director of Finance or 17 his/her designee is hereby authorized to issue the purchase order to Inland Presort 18 19 and Mailing Services for a total amount of $45,999.00. The Purchase Order shall 20 reference this Resolution No. 2007- , and shall read, "Inland Presort and 21 Mailing Services refuse mailing services, P.O. No. , not to exceed 22 $45,999.00" and shall incorporate the terms and conditions of the purchase order; and 23 SECTION 4. That the implementation date is November 1, 2007; therefore, any 24 action taken between November 1, 2007 and the adoption of this Resolution is hereby 25 ratified. 26 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE EXECUTION OF AN AGREEMENT 2 RETROACTIVE TO NOVEMBER 1, 2007 AND INCREASE TO PURCHASE ORDER NUMBER 208219 IN THE AMOUNT OF $21,000.00 WITH TWO (2) ONE-YEAR 3 EXTENSIONS AT THE CITY'S OPTION WITH INLAND PRESORT AND MAILING SERVICES FOR REFUSE MAILING SERVICES. 4 5 SECTION 5. The authorization to execute the above referenced Purchase 6 Order and Agreement is rescinded if it is not issued within sixty (60) days of the 7 8 passage of this resolution. 9 10 11 12 13 Ark a 14 15 16 17 18 19 20 21 22 111 23 24 25 26 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE EXECUTION OF AN AGREEMENT 2 RETROACTIVE TO NOVEMBER 1, 2007 AND INCREASE TO PURCHASE ORDER NUMBER 208219 IN THE AMOUNT OF $21,000.00 WITH TWO (2) ONE-YEAR 3 EXTENSIONS AT THE CITY'S OPTION WITH INLAND PRESORT AND MAILING SERVICES FOR REFUSE MAILING SERVICES. 4 5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 Mayor and Common Council of the City of San Bernardino at a 7 meeting thereof, held on the day of 2007, by the 8 following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 13 BRINKER 14 DERRY 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this day of 21 2007. 22 23 Patrick J. Morris, Mayor 24 City of San Bernardino Approved as to Form 25 By: I �_. P" 26 J roes F. Penman, City Attorney V' 27 28 lJG� I O~ CD D c 0 G O O D O O O O m � D_ Z-� T m -� to m X CO -�i -�i m �i �i �i -�i <_ m r o _a cn m r o = O CD m 0 0 �t D O O O O n -0 Cn o O m m p O n m T m m m cn -i cn D o cn it p r' co -n m m m n D O n _ �_ v m r p O D D cn m < ` o v (n D n C n n D s` m it o o D z m r- m m cD "0 z p z Y D z < m cn m c m D D p -� z < r O � m m r z a o n m -� cn O cn � z O m o z o m r < z O D < ?:. C) m m n O -i o m O z z m m `_. C < m z m m p O r p D z r o a r m m z Cl) m r_ G7 Cn A , Y m O � F m f m z p x-tip ch z CO �3> _0 Cf) Z y m ,o m "0 N n m cn m C Cv o cD z n X D D cn m F cn 5' 0 .. co w ° o ° m o ° m Q Z n Cn z o O o ° O ° O ° CA CD p Z7 m o o ° ° Cn m m CO < - v D so p ca m -� o c � N a m C Z cn v r m Cn (D r O + o m cn C z CD o z °. 0 Z D �' x' Citv of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-07-55 INTEGRATED WASTE MANAGEMENT MAILING SERVICES NOTICE : "SPECIAL INSTRUCTIONS TO THE BIDDER." Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. _ FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY I ACCEPTABLE/AS SPECIFIED The City of San Bernardino, Public Services Department, Integrated Waste Management Division is seeking a mailing services vendor for CCC-C �E the collection and distribution of approximately ten thousand (10,000) pieces of refuse billing I information mail per month. 1. SCOPE The vendor will collect our statements from the Integrated Waste Management Customer Service 71into three to four times per month, fold them, insert th �C envelopes,pay for the postage and deliver them tpost office. The vendor shall be available on an o basis to provide same day pickup of prepared billing information. .r 2. REQUIREMENTS The vendor will be responsible for the following: • Picking up the statements when ready • Folding the statements • Inserting the statements and return envelopes (49) into a regular window envelope (410). The window envelope (#10) will have your pre-printed permit number on it • Bar-coding and sorting the statements using fast forward (MoveUpdate) which is required by USPS to meet mandatory move update requirements A- • Pay for postage) • Delivering mail to the post office at no additional c C cost • Storage of approximately 10,000 of each type envelope (#9 and #10) window envelopes each month at no additional costs to the city. • Same day service shall be provided whenever possible • The vendor shall ensure that all mailing services will be completed within 24-hours from the time of pick up. • Purchasing and maintaining inventories of the 99 return envelopes, which will have the City's address and bar code, pre-printed on them. • Purchasing and maintain inventories of the #10 window envelopes, which will have the City's logo and return address in the upper left corner • The vendor will include his/hers permit number on the 910 window envelope. i . Providing a cost breakdown for each piece of mail per month in the invoice to reflect the monthly invoice cost. 3. INVENTORY The vendor shall maintain adequate inventory (envelopes e #9 and #10). The vendor shall be responsible for purchasing approximately 10,000 envelopes of each type per month. 4. DELIVERY /�cc.e,p� 9 t, The vendor will be responsible for delivering the mail to the post office within a 24-hour period from the time of pick-up from the IWM Division. CC ef 'b� 5. LOST/STOLEN/DAMAGED The vendor shall be responsible for replacing lost or ,�,C T damaged billing information. 6. REPLACEMENT CHARGE The vendor will be charged for the reprinting of damaged /. _cC or lost billing information. 1. SAMPLES A sample of City's logo, return address, and P.O. Box A-c—c-ef e. information shall be provided to the vendor in order for them to print and hold the#9 and #10 envelopes each month. 10 i PRICE FORM REQUEST FOR QUOTES: RFQ F-07-55 DESCRIPTION OF RFQ: Integrated Waste Management Mailing Services COMPANY NAME/ADDRESS: t�RES°1R' 4. [N'IflIl,TtiIfN sERVICCEs •2-o 2 1pcknL c Ave - # � ��1 ins Cp (1z3:3 NAME OF AUTHORIZED REPRESENTATIVE �tv� N C�1��AS�mA PRINT NAME TELEPHONE NO. �clpq� 30'� - 1303 FAX NO. ANNUAL PURCHASE ORDER Effective on or about November 1, 2007 through June 30, 2008 plus Two (2) single year renewal options, for City's requirements, Option year one, if exercised, shall be effective July 1, 2008 through June 30, 2009. Option year two, if exercised, shall be effective July 1, 2009 through June 30, 2010. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. 1. Price per piece of mail $ • �I 9 I ���`1d`� p`5t�", �� (price must include all requirements as stated in Technical Specifications #2. REQUIREMENTS.) 15 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 5th day of November 3 2007, by and between Inland Presort and Mailing Services ("VENDOR") and the City of San 4 Bernardino ("CITY" or­San Bernardino"). 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 7 and in the best interest of the CITY to contract for refuse billing processing services utilized by 8 9 the Public Services Department, Integrated Waste Management Division; and 10 WHEREAS, the City of San Bernardino did solicit and accept bids from a number of 11 vendors for refuse billing processing services. 12 NOW, THEREFORE, the parties hereto agree as follows: 13 1. SCOPE OF SERVICES. 14 For the remuneration stipulated, San Bernardino hereby engages the services of 15 16 VENDOR to provide mailing services per bid specification RFQ F-07-55. 17 2. COMPENSATION AND EXPENSES. 18 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 19 pay the VENDOR $0.491 per piece of mail, up to the amount of $45,999.00 20 annually for refuse mailing services. 21 b. No other expenditures made by VENDOR shall be reimbursed by CITY, 22 23 3. TERM; SEVERABILITY. 24 That bid specification RFQ F-07-55 will be effective on November 1, 2007 through 25 June 30, 2008 with two (2) one-year extensions at the City's option. Option year one, if 26 exercised, shall be effective July 1, 2008 through June 30, 2009. Option year two, if exercised, 27 28 Exhibit"A" 1 shall be effective July 1, 2009 through June 30, 2010. Actual option year pricing shall be 2 negotiated with the successful bidder prior to exercising any given option year. 3 This Agreement may be terminated at any time by thirty (30) days' written notice by 4 either party. The terms of this Agreement shall remain in force unless mutually amended. The 5 duration of this Agreement may be extended with the written consent of both parties. 6 4. INDEMNITY. 7 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and 8 9 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 10 CITY's negligent acts or omissions arising from the CITY's performance of its obligations 11 under the Agreement. 12 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 13 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from 14 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its 15 16 obligations under the Agreement. 17 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any 18 claim, action, loss, or damage which results from their respective obligations under the 19 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this 20 comparative fault. 21 5. INSURANCE. 22 While not restricting or limiting the forgoing, during the term of this Agreement, 23 24 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 25 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 26 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 27 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 28 Exhibit"A" 1 additional named insured in each policy of insurance provided hereunder. The Certificate of 2 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 3 termination in the policy. 4 6. NON-DISCRIMINATION. 5 In the performance of this Agreement and in the hiring and recruitment of employees, 6 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 7 discrimination in employment of persons because of their race, religion, color, national origin, 8 9 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 10 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 11 12940 of the California Government Code. 12 7. INDEPENDENT CONTRACTOR. 13 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 14 purposes VENDOR shall be an independent contractor and not an agent or employee of the 15 15 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 17 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 18 Compensation, and other payroll .deductions for VENDOR and its officers, agents, and 19 employees, and all business licenses, if any are required, in connection with the services to be 20 performed hereunder. 21 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 22 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 23 24 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, 25 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 26 to practice its business or profession. 27 28 Exhibit "A" 1 9. NOTICES. 2 Any notices to be given pursuant to this Agreement shall be deposited with the United 3 States Postal Service, postage prepaid and addressed as follows: 4 TO THE CITY: Public Services Director 5 300 North "D" Street San Bernardino, CA 92418 6 Telephone: (909) 384-5140 7 TO THE VENDOR: Inland Presort and Mailing Services 2025 W. Park Ave., Suite 4 7 8 Redlands, CA 92373 9 Telephone: (909) 307-1300 Contact: Deven Chudasama 10 10. ATTORNEYS' FEES. 11 12 In the event that litigation is brought by any party in connection with this Agreement, 13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 15 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 16 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 17 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 18 19 fees" for the purposes of this paragraph. 20 11. ASSIGNMENT. 21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 22 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 23 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 24 and shall constitute a breach of this Agreement and cause for the termination of this 25 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR 26 27 28 Exhibit "A" 1 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 2 hereunder for the term of this Agreement. 3 12. VENUE. 4 The parties hereto agree that all actions or proceedings arising in connection with this 5 Agreement shall be tried and litigated either in the State courts located in the County of San 6 Bernardino. State of California or the U.S. District Court for the Central District of California, 7 Riverside Division. The aforementioned choice of venue is intended by the parties to be 8 9 mandatory and not permissive in nature. 10 13. GOVERNING LAW. 11 This Agreement shall be governed by the laws of the State of California. 12 14. SUCCESSORS AND ASSIGNS. 13 This Agreement shall be binding on and inure to the benefit of the parties to this 14 Agreement and their respective heirs, representatives, successors, and assigns. 15 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 19 provisions. 20 16. ENTIRE AGREEMENT; MODIFICATION. 21 This Agreement constitutes the entire agreement and the understanding between the 22 23 parties, and supercedes any prior agreements and understandings relating to the subject manner 24 of this Agreement. This Agreement may be modified or amended only by a written instrument 25 executed by all parties to this Agreement. 26 27 28 Exhibit "A" 1 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day 2 and date set forth below. 3 Dated: , 2007 VENDOR. 4 By: 5 Its: 6 Dated . 2007 CITY OF SAN BERNARDINO 7 By: 8 Fred Wilson, City Manager 9 10 Approved as to Form: 11 12 Bv: P�✓im� 13 Jai s F. Penman, City Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit "A"