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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Dept: Public Services
Date: May 13, 2008
Subject: Resolution of the Mayor and
Common Council of the City of San
Bemardino authorizing the execution of
an Agreement and issuance of a
Purchase Order in the amount of
$47,300 to Motorola Radio pursuant to
Section 3.04.010 B-3 of the Municipal
Code for the purchase of 16 radios to be
utilized by the Integrated Waste
Management Division.
Synopsis of Previous Council Action:
Meeting Date: May 19, 2008
Recommended Motion:
1) Authorize the Director of Finance to amend the FY 07-08 Budget and transfer
$35,900 from 527-412-5803 (Lease Payments) to 527-412-5703 (Communications
Equipment) and $16,400 from 527-413-5803 (Lease Payments) to 527-413-5703
(Communications Equipment).
2) Adopt Resolution.
Contact person: Don Johnson, Fleet Manager Phone: 5220
Supporting data attached:
Staff Report, Resolution, Vendor Service
Agreement
FUNDING REQUIREMENTS:
Council Notes:
Ward: All
Amount: $52,300
IWM Division
Source:
FY 07-08
(See attached)
Finance:
Agenda Item No. .2..3
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
the execution of an Agreement and issuance of a Purchase Order in the amount of
$47,300 to. Motorola Radio pursuant to Section 3.04.010 B-3 of the Municipal Code for
the purchase of 16 radios to be utilized by the Integrated Waste Management Division.
Background:
The Public Services Department, Integrated Waste Management Division (IWM)
purchased 16 new LNG powered refuse vehicles. Staff anticipated lease payments in
FY 07-08 for the purchase of vehicles and budgeted accordingly. However, the first
lease payment is not scheduled to be due until next fiscal year, thus leaving savings in
the lease payment accounts. Staff has determined that it would be better to purchase
the radios outright instead of leasing them. Staff recommends using savings from the
lease payments accounts to purchase and install the radios. The radios are needed to
communicate with supervisors, dispatch and other drivers.
The following is the radio and installation cost breakdown:
Section Number of Type of Cost Per. Total Radio Installation Total
Vehicles Vehicle Radio Cost Fee Installation Fee
Residential 10 Automated $2,732.94 $27,329.40 $312.00 $3,120.00
Truck
1 Rear Loader $2 732.94 $2,732.94 $312.00 $312.00
Commercial 3 Front Loaders $2732.94 $8,198.82 $312.00 $936.00
2 Roll off $2,732.94 $5,465.88 $312.00 $624.00
Total 16 $43,727.04 $4,992.00
Tax $3,498.16
Grand Total $47,225.20
Since the City has an exclusive contract with Motorola Radio, staff did not go out to bid
for the purchase of the radios. The total radio cost is $47,225.20 (including tax at 8 %)
plus the installation fee of $4,992.00 for a total of $52,217.20.
The County of San Bernardino, Network Services-Radio Division will complete the
installation of the radios and will not be included in the Motorola Radio purchase order.
The $52,300 amount is needed to fully fund the purchase and installation of 16 radios to
be utilized by the IWM Division. Staff will establish a purchase order for the installation
of the radios once the budget transfers are approved.
Financial Impact:
There is no net impact. Staff will utilize savings from the lease payments accounts to
purchase and install the radios.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report-Continued
Recommendation:
1) Authorize the Director of Finance .to amend the FY 07-08 Budget and transfer
$35,900 from 527-412-5803 (Lease Payments) to 527-412-5703 (Communications
Equipment) and $16,400 from 527-413-5803 (Lease Payments) to 527-413-5703
(Communications Equipment).
2) 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
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $47,300 TO
MOTOROLA RADIO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL
CODE FOR THE PURCHASE OF 16 RADIOS TO BE UTILIZED BY THE
INTEGRATED WASTE MANAGEMENT DIVISION AND ISSUANCE OF A
PURCHASE ORDER TO THE COUNTY OF SAN BERNARDINO FOR THE
INSTALLATION OF THE RADIOS.
WHEREAS, City has need of Motorola radios to be installed on 16 newly
purchased LNG powered refus~ vehicles; and,
WHEREAS, Motorola Radio's Government Sales Unit is the only distributor who
can provide this product to the City;
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager is hereby authorized to execute on behalf
of said City a Vendor Service Agreement between the City of San Bemardino and
Motorola Radio, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at length.
SECTION 2. The Director of Finance or his/her designee is hereby authorized
to issue a purchase order in the amount of $47,300 to Motorola Radio for the purchase
of 16 radios.
SECTION 3. The Purchase Order shall reference this Resolution No. 2008-
and shall read, "Motorola Radio for the purchase of 16 radios to be utilized
, not to exceed $47,300" and shall
by the IWM Division. P.O. No.
incorporate the terms and conditions of the Agreement.
SECTION 4. The Director of Finance or his/her designee is hereby authorized
to issue a purchase order in the amount of $5,000 to the County of San Bemardino,
IUn. ~ "2,
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $47,300 TO
MOTOROLA RADIO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL
3 CODE FOR THE PURCHASE OF 16 RADIOS TO BE UTILIZED BY THE
4 INTEGRATED WASTE MANAGEMENT DIVISION AND ISSUANCE OF A
PURCHASE ORDER TO THE COUNTY OF SAN BERNARDINO FOR THE
5 INSTALLATION OF THE RADIOS.
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Network Services Division for the installation of the 16 radios, as set forth in
Exhibit "B."
SECTION 5. The Purchase Order shall reference this Resolution No. 2008-
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and shall read, "County of San Bernardino, Network Services Division for
the installation of the 16 radios. P.O. No.
, not to exceed $5,000" and shall
SECTION 6. That these purchases are exempt from the formal contract
procedure set forth in San Bemardino Municipal Code Section 3.04.070 by the
exemption set forth in San Bemardino Municipal Code Section 3.04.010(B)(3).
SECTION 7. The authorization to execute the above referenced Purchase
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Orders and Agreement is rescinded if it is not issued within sixty (60) days of the
passage of this resolution.
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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 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $47,300 TO
MOTOROLA RADIO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL
3 CODE FOR THE PURCHASE OF 16 RADIOS TO BE UTILIZED BY THE
4 INTEGRATED WASTE MANAGEMENT DIVISION AND ISSUANCE OF A
PURCHASE ORDER TO THE COUNTY OF SAN BERNARDINO FOR THE
5 INSTALLATION OF THE RADIOS.
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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
, 2008, by the
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following vote, to wit:
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AYES
. NAYS
ABSTAIN ABSENT
Council Members:
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
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JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this day of
,2008.
Patrick J. Morris, Mayor
City of San Bernardino
mes F. Penman
ity Attorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 19th day of May 2008, by and
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between Motorola Radio ("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 purchase 16 radios to be utilized by the IWM Division.
WHEREAS, the City of San Bernardino has an agreement with Motorola Radio to
provide radios to the City of San Bernardino.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the Servlces of
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VENDOR to provide 16 radios as set forth in Attachment "I" and incorporated herein by this
reference as fully as though set forth at length.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to $47,300 for the purchase of 16 radios as set forth in
Attachment "1" and incorporated herein by this reference as though fully set forth at
length.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The term of this Agreement shall be for a period of one year.
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Exhibit "A"
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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.
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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 indenmify 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
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claim, action, loss, or damage which results from their respective obligations under the
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Agreement, the CITY and/or VENDOR shall indenmify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the foregoing, 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
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additional named insured in each policy of insurance provided hereunder. The Certificate of
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Exhibit "A"
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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 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.
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7. INDEPENDENTCONTRACTO&
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 licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
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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 licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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Exhibit "A"
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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:
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TO THE CITY:
Public Services Director
300 North "0" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
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TO THE VENDOR:
Motorola Radio
28638 Canyon Oak Dr.
Highland, CA 92346
Telephone: (909) 862-3206
Contact: Mark Herzog
9. 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
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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.
10. 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
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Exhibit "A"
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
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hereunder for the term of this Agreement.
11. 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.
12. GOVERNING LAW.
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This Agreement shall be governed by the laws of the State of California.
13. 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.
14. 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.
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Exhibit "A"
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VENDOR SERVICE AGREEMENT
MOTOROLA RADIO
15. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
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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.
,2008
VENDOR
Dated:
By:
Its:
CITY OF SAN BERNARDINO
,2008
Dated
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By:
Fred Wilson, City Manager
Approved as to Form:
By:
James F. Penman, City Attorney
Exhibit "A"
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EXHIBIT "B"
PROPOSAL
DATE: 11812008 8:33
TO: .
George
FROM:
COUNTY OF SAN BER/'IARDINO
NETWORK SERVICES-RADIO
DaJTelI C8&l
(909) 387~2019
FAX lI09-387-2OO9
SUBJECT: installs
QUANTITY PART NUMBER
DESCRlPT10N
UNIT PRICE EXT. PRICE
$
$
$
$
$
$
$
$
$
$
$
$
$
$
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PARTS TOTAL $
48 lABOR RADIO SHOP $ 104.00 $ 4,992.00
LABOR WElD SHOP $ 66.00 $ , ,
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LABOR TOTAL $ 4,982.00 ,
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. TOTAL PARTS
. TAX
8JH
SUB
LABOR
TOTAL
.$
$
$
$
$
$
4,992.00
4,992.00
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