Resolution No. 2012-108RESOLUTION NO. 2012-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
OF AN AGREEMENT FOR EXCLUSIVE PURCHASE OF GOODS
AND RELATED SERVICES WITH RAPID & RELIABLE
COPIER SERVICE FOR PURCHASE OF SUPPLIES AND
MAINTENANCE REPAIRS OF COPIERS
WHEREAS, all the departments and divisions throughout the
City of Vernon use copier machines requiring maintenance and repair
services and supplies; and
WHEREAS, these departments and divisions provide essential
services to the City and its personnel; and
WHEREAS, the Information Technology Division of the Light
& Power Department has requested that supplies relating to the
City's copiers be purchased on an ongoing exclusive basis from Rapid
& Reliable Copier Service.("R&R Service") in exchange for R&R
Service providing certain maintenance and repair services on the
City's copier machines at no additional cost; and
WHEREAS, the Information Technology Division of the Light
& Power Department has determined that R&R Service is qualified and
capable of providing the supplies and services for a total not to
exceed sum of $25,000.00; and
WHEREAS, by memo dated June 5, 2012, the Director of
Light & Power recommends the City enter into an agreement setting
forth the terms and conditions under which R&R Service will provide
the supplies and services for the 2012-2013 fiscal year; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (b)(1) of
Section 2.27 of the Vernon City Code, it is in the public interest
and necessity, to enter into an agreement with R&R Service to
provide the supplies and services to ensure the uninterrupted
support of the copier machines used by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon does
hereby find and determine that the recitals contained hereinabove
are true and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement with Rapid & Reliable Copier Service, in
substantially the same form as the copy which is attached hereto as
Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute the Agreements for,
and on behalf of, the City of Vernon and the City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this resolution and
the transactions herein approved or authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send one of
each of the two fully executed Agreements to:
Rapid & Reliable Copier Service
Attn.: Irwin Albillo, Owner
9963 Ramona St. #17
Bellflower, CA 90706
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SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution,
and the City Clerk of the City of Vernon shall cause thisresolution
and the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 19t" day of June, 2012.
Name: Wi liam J. DaviS
Title: ma,p / Mayor Pro-Tem
-3_
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2012-108, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, June 19, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this 91 day of June, 2012, at Vernon, California.
(SEAL)
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EXHIBIT A
AGREEMENT FOR PURCHASE OF GOODS AND RELATED SERVICES
BETWEEN THE CITY OF VERNON AND RAPID &RELIABLE COPIER SERVICE.
FOR PURCHASE OF SUPPLIES AND REPAIR OF COPIERS.
COVERPAGE
Name of Vendor: Rapid & Reliable Copier Service
Responsible Principal of Vendor: Irwin Albillo
Notice Information - Vendor: Rapid & Reliable Copier Service
9963 Ramona St. # 17
Bellflower, CA 90706
Attention: Irwin Albillo, Owner
Phone: (562)239-8032
Fax: (562)925-9401
Email: irwin_Ibc@yahoo.com
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Andrei Yermakov, IT Manager
Telephone: 323-583-8811, ext. 248
Facsimile: (323) 826-1491
Email: aermakov@ci.vemon.ca.us
Commencement Date: July 1, 2012
Termination Date: June 30, 2013, unless extended pursuant to
Section 4
Consideration: See Exhibit B for Product Price List; total
not to exceed $25,000 (includes all
applicable sales tax)
Delivery Site: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Andrei Yermakov, IT Manager
Delivery Date: Delivery shall be made in
accordance with the terms and
conditions set forth in Exhibit C
THIS AGREEMENT is made as of , 2012 (the "Effective Date"),
by and between the City of Vernon, a California charter city and California municipal corporation
("City"), and Rapid & Reliable Copier Service, a California sole proprietorship ("Vendor"). City and
Vendor are collectively referred to herein as the "Parties."
RECITALS
A. The Parties contemplate that City will purchase from Vendor and Vendor will sell
to City certain product items on an ongoing basis and will provide repair services to all City's
copiers.
B. To avoid having to resolve questions of conflicting terms and conditions on any
purchase order and purchase order acknowledgment exchanged by the Parties, the Parties are
willing to enter into an agreement that sets forth the terms and conditions that will govern all
transactions between them for certain product items.
In consideration of the matters described above, and of the mutual benefits and obligations
set forth in this Agreement, the Parties agree as follows:
Section 1. Issuance of Requests for Product. City may issue requests for product to
Vendor from time to time. Each request for product shall contain a description and the quantities
of the products ordered. In the event of any inconsistency between the terms and conditions of
this Agreement and the terms of an Order, the terms and conditions of this Agreement shall
prevail.
Section 2. Supplies and Services.
(a) The Parties hereby agree that City shall purchase from Vendor the type of
products listed on Exhibit A; and (2) in the event the goods or products delivered by Vendor, in
City's sole and absolute judgment, are defective or fail to conform to the requirements of an
Order, City may purchase replacementsfrom any other vendor and return defective or
nonconforming goods or products, at Vendor's risk and expense, to Vendor for cancellation of all
associated charges and refund, if necessary.
(b) The prices indicated on the product list attached as Exhibit A shall not be
increased for Orders unless and until Exhibit A is modified by a writing signed by both Parties.
(c) City is not obligated to purchase any minimum quantity of products. The
City may, at its sole and absolute discretion, prepare a purchase order in the amount of the
consideration listed on the Cover Page solely as a bookkeeping device in order to track purchases
made under this Agreement. In the event of any inconsistency between the terms and conditions
of this Agreement and the terms of the purchase order, the terms and conditions of this Agreement
shall prevail. The Consideration listed on the Cover Page is not a commitment to issue Orders for
the amount listed; instead, the Parties agree that Orders will not cumulatively exceed the amount
listed.
(d) In accordance with the terms listed in Exhibit B, Vendor agrees to provide
the services specified in Exhibit B at the cost of $ 125 per hour ("Services").
Section 3. The term of this Agreement shall commence on the Commencement
Date specified on the Cover Page of this Agreement and continue in effect through the
Termination Date listed on the Cover Page.
(a) City may renew this Agreement on a year-to-year basis at its discretion.
(b) In the event that City renews this Agreement, Vendor may submit a
proposal to increase its prices no later than thirty (30) days after receiving notice of City's intent
to renew. Any increase in prices must be approved by City before such increase can take effect. If
City fails to approve the proposed increase within thirty (30) days of receipt, Vendor may
terminate the renewal by giving thirty (30) days written notice.
Section 4. Termination for Cause.
(a) Either party may terminate this Agreement immediately in the event the
other party is in default of any provision of this Agreement or is in default under any Order, and
such default is not cured within three (3) days of receipt by the other party of written notice from
the party giving notice specifying the nature of the default and corrective action that may be
taken, if any.
(b) City may terminate any Order for cause, which cause shall include:
Vendor's failure to ship by delivery date scheduled, bankruptcy, assignment for the benefit of
creditors, extension agreement of moratorium with Vendor's creditors, failure to satisfy a levy or
lien within five business days, failure to provide Services, or any proposed variance in the terms
by Vendor with respect to quantity, price or delivery schedule. Vendor shall be liable to City for
any damage or harm suffered as a result of any such cause or termination of Order and shall
indemnify and hold City harmless from and against any loss or damage incurred by City's
customers as a result of any such cause or termination of Order.
Section 5. Termination Without Cause. Either Party may, at any time, for any
reason or for no reason, with or without cause, terminate this Agreement, by serving upon the
other Party at least thirty (30) days prior written notice. City's liability.upon termination of this
Agreement is limited solely to payment for goods or services already delivered to and accepted by
City prior to the effective date of the termination notice.
Section 6. Limitation of City's Liability. In no event shall City be liable for anticipated
profits or for incidental or consequential damages. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the price allocable to the products or unit thereof which gives rise to the claim. City
shall not be liable for penalties of any description.
Section 7. Packing, Shipping, Pricing and Payment.
(a) All items shall be suitably packed, marked, and delivered by Vendor to
the Delivery Site in no less than industry standard packing for the type of shipment intended.
Vendor is responsible for all costs of full freight, including insurance, to Delivery Site. Vendor
shall bear all risk of loss until delivery of products to the Delivery Site. No additional charge shall
be made to City for delivery of products.
(b) There will be no additional charges to City for packing.
(c) All local and state taxes, when applicable, shall be stated separately on
Vendor's invoices. Purchases under this Agreement or any Order are subject to California State
and local sales taxes.
(d) Vendor's invoices shall be rendered in duplicate and shall contain the
following
information:
(1) City's purchase order number, if one is issued by the City for
bookkeeping purposes;
(2) part number;
(3) description of products shipped;
(4) quantity of products shipped; and
(5) unit price applicable to the products.
Vendor shall not include any product that is ordered but not delivered on
its invoice.
Section 8. Delivery.
(a) Time is of the essence under this Agreement.
(b) Delivery shall be made in accordance with the terms and conditions set
forth in Exhibit C. Failure to deliver on a Delivery Date shall be considered a default of Vendor's
obligation under this Agreement.
(c) Unless otherwise specified in connection with a particular Order, title to
and risk of any loss of or damage to the products shall pass from Vendor to City when they are
delivered as specified in the Order, except for loss or damage resulting from Vendor's fault or
negligence or failure to comply with an Order. Passing of title upon the delivery shall not
constitute acceptance of the products.
(d) In the event any product included on an Order is not delivered, Vendor
shall notify the Purchasing Department at once of the reason for delay and the date the product or
products will be delivered.
(e) In spite of any other provision of this Agreement, if delivery cannot be or
is not made on a Delivery Date, in whole or in part, City may, upon knowledge of the fact and
whether or not the delay would be excusable as provided below, terminate the Order by written
0
notice to Vendor and, in spite of any other provision of this Agreement, the termination shall be
without cost to City and shall discharge all obligations and liabilities of the Parties under the
Order except as to products delivered previously.
Section 9. Inspection and Conformity. Vendor agrees that City shall have a
commercially reasonable time to inspect all products received from Vendor. Failure to inspect
shall not relieve Vendor of any warranties expressed or implied, including but not limited to;
warranty of fitness for the use intended. City reserves the right to reject and return at the risk and
expense of Vendor such portion of any shipment that may be defective or fail to comply with
specifications without invalidating the remainder of the Order.
Section 10. Excusable Delay. Neither party shall be liable to the other for damages
for any delay arising out of causes beyond its reasonable control and without its fault or
negligence.
Section 11. Warranty. In addition to expressed warranties made by Vendor with
respect to products, including description of the products, affirmation of the facts or promises
made by Vendor relating to the products, or sample or. models used in the preparation of the
products, or in negotiation for this Agreement, Vendor warrants that the products delivered under
an Order will conform in all respects to any descriptions and specifications set forth in the Order,
will be merchantable, and will be free from defects. If Vendor knows or has reason to know the
particular purpose for which City or its assignee intends to use the products, Vendor warrants the
products will be fit for such particular use and purpose. Vendor shall indemnify and hold City
harmless relative to any breach of these warranties with no limitations on City's remedies and
Vendor's documents shall not operate to reduce or otherwise affect the effectiveness,
enforceability or coverage of such indemnity. Vendor shall extend all warranties it receives from
its vendors to City, and Vendor's warranty shall extend to City's customers. This warranty is in
addition to all warranties provided under the law.
Section 12. Changes
(a) As to any product, City reserves the right at any time to make changes in:
(1) specifications;
(2) methods of packaging and shipping;
(3) schedules;
(4) quantities; and
(5) the place of delivery.
Any difference in price or time for performance resulting from the changes shall be
equitably adjusted and the Order shall be modified accordingly in writing, but any claim by
Vendor for any adjustment must be made in writing within five (5) days of the receipt of the
change orders.
(b) Vendor shall not initiate or make any change or modification in the
performance, specification, design, materials, or components in or of the product without, in
each case, having received City's prior written consent to any proposed change or modification.
The acceptance of any product that has been so changed or modified without City's prior written
consent shall.be subject to revocation and City may reject the product at any time in spite of any
time limitations contained elsewhere in this Agreement. Further, Vendor shall be liable and shall
defend, indemnify, and hold City harmless for any claims or damages, direct or indirect,
incidental or consequential, arising from or occasioned by any change or modification to the
product that has not been approved by City, notwithstanding any other limitations or waivers of
liability, warranty, or remedy contained in this Agreement.
Section 13. Indemnification. Vendor agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any and
all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines,
defensive costs or expenses, including without limitation, interest, attorneys' fees and expert
witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions
of Vendor, or Vendor's officers, employees, or agents which in any way arise out of, result from,
or are in any way related to the performance or non-performance of this Agreement, excepting
only liability arising out of the sole negligence or willful misconduct of City, its officers, officials,
employees, agents, or volunteers.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THIS AGREEMENT.
Section 14. Insurance.
(a) Vendor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Four Million Dollars ($4,000,000) for each
occurrence, combined single limit, against any personal injury, death, loss or damage resulting
from the wrongful or negligent acts by Vendor or Vendor's officers, employees, or agents.
(b) Vendor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle
Liability insurance covering personal injury and property damage, with minimum limits of One
Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized
by Vendor in performing the services required by this Agreement.
(c) Vendor agrees to maintain in force at all times during the performance of
work under this Agreement workers compensation as required by law.
(d) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VII in the latest
edition of Best's Insurance Guide.
(e) Vendor agrees that if it does not keep the aforesaid insurance in full force
and effect City may either immediately terminate this Agreement or, if insurance is available at a
reasonable cost, City may take out the necessary insurance and pay, at Vendor's expense, the
premium thereon.
(f) At all times during the term of this Agreement, Vendor shall maintain on
file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, showing that the aforesaid policies are in effect in the required
amounts. Vendor shall, prior to commencement of work under this Agreement, file with the Risk
Manager, such certificate or certificates. The policies of insurance required by this Agreement
shall contain an endorsement naming the City as additional insured. All of the policies required
under this Agreement shall contain an endorsement providing that the policies cannot be
canceled or reduced except on thirty (30) days prior written notice to City, and specifically
P
stating that the coverage contained in the policies affords insurance pursuant to the terms and
conditions as set forth in this Agreement.
(g) The insurance provided by Vendor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers, employees,
agents, or volunteers shall be excess of Vendor's insurance and shall not contribute with it. The
policies of insurance required by this Agreement shall include provisions for waiver of
subrogation. Vendor hereby waives all rights of subrogation against City.
(h) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Vendor shall either reduce or eliminate the deductibles or
self -insured retentions with respect to City, or Vendor shall procure a bond guaranteeing payment
of losses and expenses.
Section 15. Confidential Information. Vendor shall regard as highly confidential all
information developed by or communicated to it in the course of or in connection with its
performance under this Agreement, and shall not, without City's prior, express, and written
approval, make any oral or written disclosures of the confidential information, either during or
after the term of this Agreement, except to City's employees and other authorized persons who
may be designated to work with Vendor in performing under this Agreement.
Section 16. Notices.
(a) All notices, approvals, consents and other communications between the
parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other
delivery service which provides. evidence of delivery, using the address set forth on the Cover
Page under "Notice Information - City" or "Notice Information - Vendor, as appropriate, or at
such other address as may be furnished by either party to the other in writing; provided, however,
Orders and Order acknowledgements may be sent using the email address or facsimile number
listed for each party on the Cover Page. Mailed notices will be deemed communicated as of the
day of receipt.
(b) Vendor shall include City's purchase order number on all invoices,
shipping tags, and any correspondence or notice regarding this Agreement or any Order, if such a
number is issued by the City for bookkeeping purposes.
Section 17. Compliance With Laws. In performing under this Agreement, all
applicable governmental laws, regulations, orders, and other rules of duly -constituted authority
will be followed and complied with in all respects by both Parties. Vendor hereby certifies that all
equipment, materials, and services comply with all Cal OSHA standards and regulations and all
applicable government laws and orders.
Section 18. Survival of Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
Section 19. Assignment. No assignment by either party of any rights, including rights
to moneys due or to become due under this Agreement, or delegation of any duties under this
Agreement or under any Orders subject to this Agreement, shall be binding upon the other party
until its written consent has been obtained. Vendor shall not assign, attempt to assign, or
subcontract any Services under this Agreement, without the prior written approval of City, and
any such assignment or subcontract made in violation of this section is invalid and void.
7
Section 20. Non Waiver. No waiver of breach of any provision of this Agreement shall
constitute a waiver of any other breach of the provision or any similar provision. Any failure by
either party to enforce any provision of this Agreement or of any Order shall not constitute a
waiver of the provisions or prejudice the right of either party to enforce the provision at any
subsequent time.
Section 21. Remedies. The remedies reserved in this Agreement shall be cumulative
and in addition to any other remedies provided in law or equity.
Section 22. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope.or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California, before three arbitrators. The
arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and
Procedures. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide
written reasons for their decision. The arbitration decision shall be final and binding on the
Parties. Judgment on the award 'may be entered in any court having jurisdiction pursuant to this
Agreement. This clause shall not preclude parties from seeking provisional remedies in aid of
arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction
and venue under this Agreement shall be the Superior Court of California, Los Angeles County.
Section 23. Attorneys Fees. In the event a dispute, claim or litigation arises regarding
this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys
fees and actual costs, which may be set by the arbitrators or the court in the same action or in a
separate action brought for that purpose, in addition to any other relief which is obtained.
Section 24. Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law, and this Agreement
shall not be governed by the United Nations Convention on Contracts for the International Sale
of Goods.
Section 25. Headings. Headings used in this Agreement are for convenience
reference only and shall not affect the interpretation of this Agreement.
Section 26. Exhibits. The Cover Page and all documents referenced as exhibits in
this Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the. provisions of any
document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 27. Modification. Oral statements and understandings are not valid or
binding, and this Agreement shall not be changed or modified except by a writing signed by both
Parties.
Section 28. Entire Agreement. This Agreement contains the entire understanding
between the Parties relating to the obligations of the Parties described in this Agreement. All prior
or contemporaneous agreements, understandings, representations and statements, oral or written,
are merged into this Agreement and shall be of no further force or effect.
Section 29. Partial Invalidity. If any provision of this Agreement or of any Order is or
becomes void or unenforceable by force or operation of law, the other provisions shall remain
valid and enforceable.
Section 30. Authority To Execute This Agreement. The person or persons executing
this Agreement on behalf of Vendor warrants and represents that he or she has the authority to
execute this Agreement on behalf of Vendor and has the authority to bind Vendor to the
performance of its obligations under this Agreement.
[Signatures Follow on Next Page]
IN WITNESS WHEREOF, the Parties have signed this'Agreement as of the date stated in
the introductory clause.
City of Vernon, a California charter city and Rapid & Reliable Copier Service, a
California sole proprietorship.
By:
By: Name: Irwin Albillo
Mayor /Mayor Pro -Term
Title: Owner
ATTEST:
Willard Yamaguchi, City Clerk
APPROVED AS TO FORM:
City Attorney / Deputy City Attorney
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EXHIBIT A
PRODUCT PRICE LIST
Attached behind this page is the list of products offered by Vendor and their respective prices,
which shall remain fixed during the term of this Agreement.
Prices for any product not listed on the attached product list must be approved by the City in
advance. If such product is delivered without advance approval of the price, and the price is
disapproved by the City, the City may return the product at no charge and at Vendor's risk and
expense.
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RAPID & RELIABLE COPIER SERVICE PRICE LIST
Color
No.
Make
Model
Type
Mono Cartrige
Cartridge
1
Canon
IR 5185
Copier
$90 GPR-20
$129 Gpr-20
2
Canon
IR 5185
Copier
$90 GPR-20
$129 Gpr-20
3
Canon
IR5020
Copier
$90Gpr-4
4
Canon
IR 5185
Copier
$90 GPR-20
$129 Gpr-20
5
Canon
iR33201
Copier
$69 Gpr-6
6
Canon
IR 330S
Copier
$59 Gpr-2
7
Canon
IR 2200
Copier
$69 Gpr-6
8
Canon
1115075
Copier
$124 Gpr-24
9
Canon
IR 5180
Copier
$90 GPR-20
$129 Gpr-20
10
Canon
IR4570
Copier
$99Gpr-16
Copy Centre
$185
11
Xerox
C55
Copier
2pk/w.bottle
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EXHIBIT B
SERVICES
Vendor shall maintain and repair all of City's printers and facsimile machines at
no cost or charge. All labor is included with this service. City inust pay for
replacement parts.
2. City's business days are Monday through Thursday between the hours of 7:00
a.m. and 5:30 p.m. All maintenance and repairs shall be performed by Vendor
during City's business day, or if requested by the City on a case -by -case basis, on
Fridays between 7:00 a.m. and 5:30 p.m. If City requests Friday service, it shall
count as a business day for the week in which it falls.
3. City may request maintenance and repairs by phone call, facsimile, or by any
other means of notice provided in this Agreement. Vendor shall perform the
requested maintenance and repairs no later than the end of the next business
day following the day upon which the request is made.
4. Failure to satisfactorily perform maintenance or repairs, or both, on three (3)
separate occasions during the term of this Agreement shall constitute a default
justifying termination of the Agreement, and the City may terminate the
Agreement for cause without first providing an opportunity to cure.
5. Vendor shall warranty all repairs for ninety (90) days from date of repair.
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EXHIBIT C
DELIVERY
Delivery of product shall be made on Tuesday of each week, except during those weeks when
City hall is closed on Tuesday due to a City holiday, in which case, delivery shall be made no
later than the next business day ("Delivery Date"). The Parties may change the Delivery Date by
written agreement.
In order to be included in the delivery made on a particular Delivery Date, the Order for product
must be received by Vendor no later than two (2) business days prior to the Delivery Date.
14
AGREEMENT FOR PURCHASE OF GOODS AND RELATED SERVICES
BETWEEN THE CITY OF VERNON AND RAPID & RELIABLE COPIER SERVICE.
FOR PURCHASE OF SUPPLIES AND REPAIR OF COPIERS.
COVER PAGE
Name of Vendor: Rapid & Reliable Copier Service .
Responsible Principal of Vendor: Irwin Albillo
Notice Information - Vendor: Rapid & Reliable Copier Service
9963 Ramona St. # 17
Bellflower, CA 90706
Attention: Irwin Albillo, Owner
Phone: (562) 239-8032
Fax: (562)925-9401
Email: irwin_lbc@yahoo.com
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Andrei Yermakov, IT Manager
Telephone: 323-583-8811, ext. 248
Facsimile: (323) 826-1491
Email: aermakov@ci.vemon.ca.us
Commencement Date: July 1, 2012
Termination Date: June 30, 2013, unless extended pursuant to
Section 4
Consideration: See Exhibit B for Product Price List; total
not to exceed $25,000 (includes all
applicable sales tax)
Delivery Site: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Andrei Yermakov, IT Manager
Delivery Date: Delivery shall be made in
accordance with .the terms and
conditions set forth in Exhibit C
THIS AGREEMENT is made as of , 2012 (the "Effective Date"),
by and between the City of Vernon, a California charter city and California municipal corporation
("City"), and Rapid & Reliable Copier Service, a California sole proprietorship ("Vendor"). City and
Vendor are collectively referred to herein as the "Parties."
RECITALS
A. The Parties contemplate that City will purchase from Vendor and Vendor will sell
to City certain product items on an ongoing basis and will provide repair services to all City's
copiers.
B. To avoid having to resolve questions of conflicting terms and conditions on any
purchase order and purchase order acknowledgment exchanged by the Parties, the Parties are
willing to enter into an agreement that sets forth the terms and conditions that will govern all
transactions between them for certain product items.
In consideration of the matters described above, and of the mutual benefits and obligations
set forth in this Agreement, the Parties agree as follows:
Section 1. Issuance of Requests for Product. City may issue requests for product to
Vendor from time to time. Each request for product shall contain a description and the quantities
of the products ordered. In the event of any inconsistency between the terms and conditions of
this Agreement and the terms of an Order, the terms and conditions of this Agreement shall
prevail.
Section 2. Supplies and Services,
(a) The Parties hereby agree that City shall purchase from Vendor the type of
products listed on Exhibit A; and (2) in the event the goods or products delivered by Vendor, in
City's sole and absolute judgment, are defective or fail to conform to the requirements of an
Order, City may purchase replacements from any other vendor and return defective or
nonconforming goods or products, at Vendor's risk and expense, to Vendor for cancellation of all
associated charges and refund, if necessary.
(b) The prices indicated on the product list attached as Exhibit A shall not be
increased for Orders unless and until Exhibit A is modified by a writing signed by both Parties.
(c) City is not obligated to purchase any minimum quantity of products. The
City may, at its sole and absolute discretion, prepare a purchase order in the amount of the
2
consideration listed on the Cover Page solely as a bookkeeping device in order to track purchases
made under this Agreement. In the event of any inconsistency between the terms and conditions
of this Agreement and the terms of the purchase order, the terms and conditions of this Agreement
shall prevail. The Consideration listed on the Cover Page is not a commitment to issue Orders for
the amount listed; instead, the Parties agree that Orders will not cumulatively exceed the amount
listed.
(d) In accordance with the terms listed in Exhibit B, Vendor agrees to provide
the services specified in Exhibit B at the cost of $ 125 per hour ("Services").
Section 3. The term of this Agreement shall commence on the Commencement
Date specified on the Cover Page of this Agreement and continue in effect through the
Termination Date listed on the Cover Page.
(a) City may renew this Agreement on a year-to-year basis at its discretion.
(b) In the event that City renews this Agreement, Vendor may submit a
proposal to increase its prices no later than thirty (30) days after receiving notice of City's intent
to renew. Any increase in prices must be approved by City before such increase can take effect. If
City fails to approve the proposed increase within thirty (30) days of receipt, Vendor may
terminate the renewal by giving thirty (30) days written notice.
Section 4. Termination for Cause.
(a) Either party may terminate this Agreement immediately in the event the
other party is in default of any provision of this Agreement or is in default under any Order, and
such default is not cured within three (3) days of receipt by the other party of written notice from
the party giving notice specifying the nature of the default and corrective action that may be
taken, if any.
(b) City may terminate any Order for cause, which cause shall include:
Vendor's failure to ship by delivery date scheduled, bankruptcy, assignment for the benefit of
creditors, extension agreement of moratorium with Vendor's creditors, failure to satisfy a levy or
lien within five business days, failure to provide Services, or any proposed variance in the terms
by Vendor with respect to quantity, price or delivery schedule. Vendor shall be liable to City for
any damage or harm suffered as a result of any such cause or termination of Order and shall
indemnify and hold City harmless from and against any loss or damage incurred by City's
customers as a result of any such cause or termination of Order.
Section 5. Termination Without Cause. Either Party may, at any time, for any
reason or for no reason, with or without cause, terminate this Agreement, by serving upon the
other Party at least thirty (30) days prior written notice. City's liability upon termination of this
Agreement is limited solely to payment for goods or services already delivered to and accepted by
City prior to the effective date of the termination notice.
Section 6. Limitation of City's. Liability. In no event shall City be liable for anticipated
profits or for incidental or consequential damages. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the price allocable to the products or unit thereof which gives rise to the claim. City
shall not be liable for penalties of any description.
Section 7. Packing, Shipping, Pricing and Payment.
(a) All items shall be suitably packed, marked, and delivered by Vendor to
the Delivery Site in no less than industry standard packing for the type of shipment intended.
Vendor is responsible for all costs of full freight, including insurance, to Delivery Site. Vendor
shall bear all risk of loss until delivery of products to the Delivery Site. No additional charge shall
be made to City for delivery of products.
(b) There will be no additional charges to City for packing.
(c) All local and state taxes, when applicable, shall be stated separately on
Vendor's invoices. Purchases under this Agreement or any Order are subject to California State
and local sales taxes.
(d) Vendor's invoices shall be rendered in duplicate and shall contain the
following
information:
(1) City's purchase order number, if one is issued by the City for
bookkeeping purposes;
(2) part number;
(3) description of products shipped;
(4) quantity of products shipped; and
(5) unit price applicable to the products.
Vendor shall not include any product that is ordered but not delivered on
its invoice.
Section 8. Delivery.
(a) Time is of the essence under this Agreement.
(b) Delivery shall be made in accordance with the terms and conditions set
forth in Exhibit C. Failure to deliver on a Delivery Date shall be considered a default of Vendor's
obligation under this Agreement.
(c) Unless otherwise specified in connection with a particular Order, title to
and risk of any loss of or damage to the products shall pass from Vendor to City when they are
delivered as specified in the Order, except for loss or damage resulting from Vendor's fault or
negligence or failure to comply with an Order. Passing of title upon the delivery shall not
constitute acceptance of the products.
(d) In the event any product included on an Order is not delivered, Vendor
shall notify the Purchasing Department at once of the reason for delay and the date the product or
products will be delivered.
(e) In spite of any other provision of this Agreement, if delivery cannot be or
is not made on a Delivery Date, in whole or in part, City may, upon knowledge of the .fact and
whether or not the delay would be excusable as provided below, terminate the Order by written
M
notice to Vendor and, in spite of any other provision of this Agreement, the termination shall be
without cost to City and shall discharge all obligations and liabilities of the Parties under the
Order except as to products delivered previously.
Section 9. Inspection and Conformity. Vendor agrees that City shall have a
commercially reasonable time to inspect all products received from Vendor. Failure to inspect
shall not relieve Vendor of any warranties expressed or implied, including but not limited to,
warranty of fitness for the use intended. City reserves the right to reject and return at the risk and
expense of Vendor such portion of any shipment that may be defective or fail to comply with
specifications without invalidating the remainder of the Order.
Section 10. Excusable Delay. Neither party shall be liable to the other for damages
for any delay arising out of causes beyond its reasonable control and without its fault or
negligence.
Section 11. Warranty. In addition to expressed warranties made by Vendor with
respect to products, including description of the products, affirmation of the facts or promises
made by Vendor relating to the products, or sample or models used in the preparation of the
products, or in negotiation for this Agreement, Vendor warrants that the products delivered under
an Order will conform in all respects to any descriptions and specifications set forth in the Order,
will be merchantable, and will be free from defects. If Vendor knows or has reason to know the
particular purpose for which City or its assignee intends to use the products, Vendor warrants the
products will be fit for such particular use and purpose. Vendor shall indemnify and hold City
harmless relative to any breach of these warranties with no limitations on City's remedies and
Vendor's documents shall not operate to reduce or otherwise affect the effectiveness,
enforceability or coverage of such indemnity. Vendor shall extend all warranties it receives from
its vendors to City, and Vendor's warranty shall extend to City's customers. This warranty is in
addition to all warranties provided under the law.
Section 12. Changes.
(a) As to any product, City reserves the right at any time to make changes in:
(1) specifications;
(2) methods of packaging and shipping;
(3) schedules;
(4) quantities; and
(5) the place of delivery.
Any difference in price or time for performance resulting from the changes shall be
equitably adjusted and the Order shall be modified accordingly in writing, but any claim by
Vendor for any adjustment must be made in writing within five (5) days of the receipt of the
change orders.
(b) Vendor shall not initiate or make any change or modification in the
performance, specification, design, materials, or components in or of the product without, in
each case, having received City's prior written consent to any proposed change or modification.
The acceptance of any product that has been so changed or modified without City's prior written
consent shall be subject to revocation and City may reject the product at any time in spite of any
5
time limitations contained elsewhere in this Agreement. Further, Vendor shall be liable and shall
defend, indemnify, and hold City harmless for any claims or damages, direct or indirect,
incidental or consequential, arising from or occasioned by any change or modification to the
product that has not been approved by City, notwithstanding any other limitations or waivers of
liability, warranty, or remedy contained in this Agreement.
Section 13. Indemnification. Vendor agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any and
all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines,
defensive costs or expenses, including without limitation, interest, attorneys' fees and expert
witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions
of Vendor, or Vendor's officers, employees, or agents which in any way arise out of, result from,
or are in any way related to the performance or non-performance of this Agreement, excepting
only liability arising out of the sole negligence or willful misconduct of City, its officers, officials,
employees, agents, or volunteers.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THIS AGREEMENT.
Section 14. Insurance.
(a) Vendor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Four Million Dollars ($4,000,000) for each
occurrence, combined single limit, against any personal injury, death, loss or damage resulting
from the wrongful or negligent acts by Vendor or Vendor's officers, employees, or agents.
(b) Vendor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle
Liability insurance covering personal injury and property damage, with minimum limits of One
Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized
by Vendor in performing the services required by this Agreement.
(c) Vendor agrees to maintain in force at all times during the performance of
work under this Agreement workers compensation as required by law.
(d) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VII in the latest
edition of Besfs Insurance Guide.
(e) Vendor agrees that if it does not keep the aforesaid insurance in full force
and effect City may either immediately terminate this Agreement or, if insurance is available at a
reasonable cost, City may take out the necessary insurance and pay, at Vendor's expense, the
premium thereon.
(f) At all times during the term of this Agreement, Vendor shall maintain on
file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, showing that the aforesaid policies are in effect in the required
amounts. Vendor shall, prior to commencement of work under this Agreement, file with the Risk
Manager, such certificate or certificates. The policies of insurance required by this Agreement
shall contain an endorsement naming the City as additional insured. All of the policies required
under this Agreement shall contain an endorsement providing that the policies cannot be
canceled or reduced except on thirty (30) days prior written notice to City, and specifically
0
stating that the coverage contained in the policies affords insurance pursuant to the terms and
conditions as set forth in this Agreement.
(g) The insurance provided by Vendor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers, employees,
agents, or volunteers shall be excess of Vendor's insurance and shall not contribute with it. The
policies of insurance required by this Agreement shall include provisions for waiver of
subrogation. Vendor hereby waives all rights of subrogation against City.
(h) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Vendor shall either reduce or eliminate the deductibles or
self -insured retentions with respect to City, or Vendor shall procure a bond guaranteeing payment
of losses and expenses.
Section 15. Confidential Information. Vendor shall regard as highly confidential all
information developed by or communicated to it in the course of or in connection with its
performance under this Agreement, and shall not, without City's prior, express, and written
approval, make any oral or written disclosures of the confidential information, either during or
after the term of this Agreement, except to City's employees and other authorized persons who
may be designated to work with Vendor in performing under this Agreement.
Section 16. Notices
(a) All notices; approvals, consents and other communications between the
parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other
delivery service which provides evidence of delivery, using the address set forth on the Cover
Page under "Notice Information - City" or "Notice Information - Vendor," as appropriate, or at
such other address as may be furnished by either party to the other in writing; provided, however,
Orders and Order acknowledgements may be sent using the email address or facsimile number
listed for each party on the Cover Page. Mailed notices will be deemed communicated as of the
day of receipt.
(b) Vendor shall include City's purchase order number on all invoices,
shipping tags, and any correspondence or notice regarding this Agreement or any Order, if such a
number is issued by the City for bookkeeping purposes.
Section 17. Compliance With Laws. In performing under this Agreement, all
applicable governmental laws, regulations, orders, and other rules of duly -constituted authority
will be followed and complied with in all respects by both Parties. Vendor hereby certifies that all
equipment, materials, and services comply with all Cal OSHA standards and regulations and all
applicable government laws and orders.
Section 18. Survival of Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
Section 19. Assignment. No assignment by either party of any rights, including rights
to moneys due or to become due under this Agreement, or delegation of any duties under this
Agreement or under any Orders subject to this Agreement, shall be binding upon the other party
until its written consent has been obtained. Vendor shall not assign, attempt to assign, or
subcontract any Services under this Agreement, without the prior written approval of City, and
any such assignment or subcontract made in violation of this section is invalid and void.
Section 20. Non Waiver. No waiver of breach of any provision of this Agreement shall
constitute a waiver of any other breach of the provision or any similar provision. Any failure by
either party to enforce any provision of this Agreement or of any Order shall not constitute a
waiver of the provisions or prejudice the right of either party to enforce the provision at any
subsequent time.
Section 21. Remedies. The remedies reserved in this Agreement shall be cumulative
and in addition to any other remedies provided in law or equity.
Section 22. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles; California, before three arbitrators. The
arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and
Procedures. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide
written reasons for their decision. The arbitration decision shall be final and binding on the
Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this
Agreement. This clause shall not preclude parties from seeking provisional remedies in aid of
arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction
and venue under this Agreement shall be the Superior Court of California, Los Angeles County.
Section 23. Attorneys Fees. In the event a dispute, claim or litigation arises regarding
this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys
fees and actual costs, which may be set by the arbitrators or the court in the same action or in a
separate action brought for that purpose, in addition to any other relief which is obtained.
Section 24. Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law, and this Agreement
shall not be governed by the United Nations Convention on Contracts for the International Sale
of Goods.
Section 25. Headings. Headings used in this Agreement are for convenience
reference only and shall not affect the interpretation of this Agreement.
Section 26. Exhibits. The Cover Page and all documents referenced as exhibits in
this Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the provisions of any
document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 27. Modification. Oral statements and understandings are not valid or
binding, and this Agreement shall not be changed or modified except by a writing signed by both
Parties.
Section 28. Entire Agreement. This Agreement contains the entire understanding
between the Parties relating to the obligations of the Parties described in this Agreement. All prior
or contemporaneous agreements, understandings, representations and statements, oral or written,
are merged into this Agreement and shall be of no further force or effect.
Section 29. Partial Invalidity. If any provision of this Agreement or of any Order is or
becomes void or unenforceable by force or operation of law, the other provisions shall remain
valid and enforceable.
0
Section 30. Authority To Execute This Agreement. The person or persons executing
this Agreement on behalf of Vendor warrants and represents that he or she has the authority to
execute this Agreement on behalf of Vendor and has the authority to bind Vendor to the
performance of its obligations under this Agreement.
[Signatures Follow on Next Page]
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in
the introductory clause.
City of Vernon, a California charter city and Rapid & Reliable Copier Service, a
California sole proprietorship.
By: William Davis
p Y"Mayor Pro -Term
By:
Name: Irwin Albillo
Title: Owner
City Attorney
10
EXHIBIT A
EXHIBIT A
PRODUCT PRICE LIST
Attached behind this page is the list of products offered by Vendor and their respective prices,
which shall remain fixed during the term of this Agreement.
Prices for any product not listed on the attached product list must be approved by the City in
advance. If such product is delivered without advance approval of the price, and the price is
disapproved by the City, the City may return the product at no charge and at Vendor's risk and
expense.
11
RAPID &RELIABLE COPIER SERVICE PRICE LIST
Color
No.
Make
Model
Type
Mono Cartrige
Cartridge
1
Canon
IR 5185
Copier
$90 GPR-20
$129 Gpr-20
2
Canon
IR 5185
Copier
$90 GPR-20
$129 Gpr-20
3
Canon
IR 5020
Copier
$90 Gpr-4
4
Canon
.IR 5185
Copier
$90 GPR-20
$129 Gpr-20
5
Canon
iR33201
Copier
$69 Gpr-6
6
Canon
IR 330S
Copier
$59 Gpr-2
7
Canon
IR 2200
Copier
$69 Gpr-6
8
Canon
IR 5075
Copier
$124 Gpr-24
9
Canon
IR 5180
Copier
$90 GPR-20
$129 Gpr-20
10
Canon
IR 4570
Copier
$99 Gpr-16
Copy Centre
$185
11
Xerox
C55
Copier
2pk/w.bottle
12
EXHIBIT B
EXHIBIT B
SERVICES
1. Vendor shall maintain and repair all of City's printers and facsimile machines at
no cost or charge. All labor is included with this service. City must pay for
replacement parts.
2. City's business days are Monday through Thursday between the hours of 7:00
a.m. and 5:30 p.m. All maintenance and repairs shall be performed by Vendor
during City's business day, or if requested by the City on a case -by -case basis, on
Fridays between 7:00 a.m. and 5:30 p.m. If City requests Friday service, it shall
count as a business day for the week in which it falls.
3. City may request maintenance and repairs by phone call, facsimile, or by any
other means of notice provided in this Agreement. Vendor shall perform the
requested maintenance and repairs no later than the end of the next business
day following the day upon which the request is made.
4. Failure to satisfactorily perform maintenance or repairs, or both, on three (3)
separate occasions during the term of this Agreement shall constitute a default
justifying termination of the Agreement, and the City may terminate the
Agreement for cause without first providing an opportunity to cure.
5. Vendor shall warranty all repairs for ninety (90) days from date of repair.
13
EXHIBIT C
EXHIBIT C
DELIVERY
Delivery of product shall be made on Tuesday of each week, except during those weeks when
City hall is closed on Tuesday due to a City holiday, in which case, delivery shall be made no
later than the next business day ("Delivery Date"). The Parties may change the Delivery Date by
written agreement.
In order to be included in the delivery made on a particular Delivery Date, the Order for product
must be received by Vendor no later than two (2) business days prior to the Delivery Date.
14
RECE V'M
JUN 13 Z012
CITY CLERK'S Of HUE
STAFF REPORT
INFORMATION TECHNOLOGY DEPARTM
DATE: June 5, 2012
TO: Honorable Mayor and City Council C-1' 1
RECEIVED
JUN 12 2012
CITY -AD
)AINISTRATION
FROM: Carlos Fandino, Director of Light & Power
RE: COPIER MAINTENANCE AGREEMENT BETWEEN THE CITY OF VERNON AND
RAPID & RELIABLE COPIER SERVICE.
Purpose:
The Information Technology Department recommends entering into an agreement between
the City of Vernon and Rapid & Reliable Copier Service. The attached maintenance
agreement describes the terms of the contract that may be performed by the vendor. The
vendor provided a price schedule for all the copier supplies and services that will be not be
changed without prior approval of the City. The City will be billed for the toners and services
consumed within the boundaries of the approved budget for the printing supplies. The
estimated cost for the printing supplies and parts are $20,000 for the fiscal year 2012/2013.
The total amount is budgeted within the IT Department.
The agreement covers the support provided during the regular (8:00 a.m. to 5:00 p.m.) and
customary business hours Monday through Friday. The vendor met and cleared all
insurance requirements with the Risk Management Department. The agreement was
approved as to form by the City's Legal Department.
The Information Technology Department collected four bids from different vendors. Rapid &
Reliable Copier Service was chosen due to the lowest cost of repair services, which is the
main factor for copier maintenance. The cost analysis report is attached.
Recommendation:
It is recommended that the City Council approve the enclosed copier maintenance
agreement in the meeting that will take place on June 19, 2012 to ensure the uninterrupted
support of the copiers used by the City.
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: June 6, 2012
TO: Carlos Fandino, Director of Light & Power
FROM: Willard G. Yamaguchi, Chief Deputy City Attorn�
RE: Rapid & Reliable Copier Service
I have received and reviewed the Memorandum dated June 5, 2012, and
the attachments thereto.
The copier maintenance agreement for purchase of supplies and repair
of copiers is approved as to form.
WY:em
Enclosures
Appendix A
Rapid & Reliable Copier Service
5/15/12
Copier Service & Supply Proposal for the
City of Vernon
To Whom It May Concern:
Thank you for your consideration in allowing us the opportunity to
provide service to your organization. We have already provided service as a third party
through your current provider. It would be our pleasure in continuing to provide our
services to your facilities. We have over 15 years of experience in the field and many
happy returning costumers. We strive to keep a high first call ratio. What does that mean
to you? It means we try our best to get you up and running on our first visit. We also
know and consider that every organization tries to operate with the lowest cost possible.
We want to continue working with you and provide you with great service at reasonable
rates. Without cutting corners by offering great service and working with original .
company parts & supplies.
These are some terms and conditions we can offer to you:
Hourly Rate: $125.00 (one hour minimum per visit/per machine).
Response Time: 4 hours or less. If call comes in the A.M. time we will do our best to
respond that same business day. If a call comes in the P.M. time we will be there the
following business day.
Calls that require Parts: Most common parts are carried in our car inventory. Special
parts & big ticket items are ordered and quickly processed. We do work with great
vendors that provide us with quick service. *All parts and supplies are billable & taxable.
Service Request Procedure: Service calls may be placed by phone, email or text.
Supply Orders: May placed by email or fax.
Communication or concerns: May be performed by U.S. mail, phone or email.
Owner: Irwin Albillo
Rapid & Reliable Copier Service
9963 Ramona St. #17
Bellflower, Ca 90706
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Appendix C
Microtech Service Charges
Yermakov, Andrei
From:
mpsupplies@aol.com
Sent:
Wednesday, May 16, 2012 9:09 AM
To:
Yermakov, Andrei
Subject:
Re: Microtech Bid
Attachments:
City -of -Vernon Printers-Faxes-Scanners-_MICROTECH_FINALI.xlsx;
City -of -Vernon Copiers-_MICROTECH_FINAL.xlsx; Vernon-cert.pdf
Hi Andrei,
Please see attached revised bid sheet with the yellow highlighting removed (that had no significance). In addition, I have
added a column on the bid for the labor rates. In short, labor for copiers service is $150 per hour and labor for the few
inkjets where service is not complimentary is $75 per hour. We also did not note this but please be advised that the
pricing has remained constant and we have not increased our prices from any previous bids submitted.
have attached all again for your convenience. Thanks again.
Best regards,
John
-----Original Message -----
From: Yermakov, Andrei <Ayermakov@ci.vernon.ca.us>
To: mpsupplies <mpsupplies@aol.com>
Sent: Wed, May 16, 2012 7:22 am
Subject: RE: Microtech Bid
Hello John,
Please send me an hourly rate(s) for all non -complimentary services.
Thank you,
Andrei
From: mosupplies@aol.com fmailto:mpsuppliesCcdaol.comj
Sent: Tuesday, May 15, 2012 17:24
To: Yermakov, Andrei
Subject: Microtech Bid
Andrei,
Attached please find Microtech Pro Inc.'s (MPI) response to the bid for the printing supplies and repair services for the
City of Vernon. We hope that we are provided with the opportunity to continue to serve the City of Vernon in this regard.
As you will see, MPI has the capability to service and provide products for all of the City's printers and copiers without
exception. In addition, as noted in the response to the bid, service for all of the City's printers, scanners and fax machines
is at no charge to the City and provided as a courtesy.
We have also included proof of insurance coverage and a certificate of insurance naming the City as an additional insured
for all applicable policies.
Please do not hesitate to contact us with any questions or if you need additional information.
Best regards,
Appendix C
Microtech Service Charges
John Nguyen
President
Microtech
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain
confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended
recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this
transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy
the original transmission and its attachments without reading or saving in any manner.
AmenComp
G 1�
Friday, May 11, 2012
Andrei Yermakov
City of Vernon
4305 S. Santa Fe Ave.
Vernon, CA 90058
Dear Andrei,
Appendix D
AmeriComp Service Charges
Thank you for choosing AmeriComp to participate in your evaluation of copier and printer
services and supplies. You will receive the spreadsheets you sent to me with all the information
you requested. Please read on for further details regarding AmeriComp's services.
Service rates are as Follows:
Monochrome Laser and
monochrome all -in -one,
InUets and Desklets: $79.00/hr
Color Laser: $99.00/hr
Copiers: $115.00/hr
Plotters: $135.00/hr
We do not charge trip or travel fees within Southern California.
Each repair includes a thorough cleaning of the machine.
Response Time is 4-business hours. We do have after hour and weekend service available at
an additional fee of $125.00 per trip.
Requests for service or supplies may be submitted by phone, fax, e-mail or by using our on-line
ordering form found on our website. Each request will be confirmed by phone or e-mail if not
placed initially by phone.
The request is then communicated to the closest and soonest available technician who will
arrive at your site, seek out the point of contact and then diagnose the repair issue. The
estimate is provided to you or your department for approval. If approved on -the -spot, repair
will be completed, machine cleaned, and printer functionality tested. If approval takes a day or
more a technician will then return to complete the repair. Most common parts are carried by
each tech but not all parts can possibly be carried at all times. Most parts if not in inventory are
usually received the next day. Any further delays or back -orders will be communicated to you,
and/or the end user if you prefer. A non -working printer receives priority over all other calls
and it is our preference to have the machine up and running in the shortest amount of time
possible.
After completion of the repair, an invoice will then be sent to the person/department that you
designate to be processed for payment. Normal terms are Net 30.
All communication will be a coordinated effort between your department, the end user, our
technician(s), and our office staff and will be conducted by phone or e-mail, whichever you
prefer. A live person who has knowledge of your account and/or repair will always be available
8780 19`h Street #383 Alta Loma, CA 91701 909-481-1073 FAX 909-476-2765 www.americompgroup.com
Appendix D
AmeriComp Service Charges
to you to answer any questions you may have.
We also provide free technical support via phone for issues that may be more quickly solved by
your department or the end user. If we can help you easily solve the problem and avoid a
service call fee we are happy to do so. However, we do not require you or the end user to do
anything whatsoever if they prefer to have a technician on -site rather than attempt a solution.
If there are any concerns or aspects of service or supplies that are not addressed here, please
contact me and I will be happy to attend to them. For a first hand account of the level of
services and supplies we provide, please contact the following IT departments:
City of Diamond Bar
Alfredo Estevez 909-839-7083 aestevez(c) iamondbarca.gov or
Ken Desforges 909-839-7080 kdesforges(ftiamondbarca.aov
City of Tustin
Jon Gossard 714-573-3071 jgossard@tustinca.org
City of Chino
Nick Austin 909-627-7577 naustin@cityofchino.org
Thank you again for the opportunity to provide a quote. I look forward to the possibility of
serving as an asset to your operations. In addition to time and material service needs and
toner delivered as ordered, AmeriComp does offer annual maintenance contracts as well as
managed print services programs. Should you ever want to consider these programs I would
need more information on usage and history. I did not want to "muddy" the quote by
presenting anything that wasn't asked for, and just wanted you to know it is an option for the
future should you decide to look that direction.
Sincerely,
Kyle W. Jewell
Vice President
AmeriComp Group Imaging
8780191h Street #383 Alta Loma, CA 91701 909-481-1073 FAX 909-476-2765 www.americomoerouo.com
Appendix E
General Data Service Charges
City of Vernon -Universal Laser (A Division of Geneal Data Company)
Service Pricing Schedule
General Data Company will provide equipment maintenance services on a Time and Material basis.
Time and Material hourly rate includes all service charges except parts and supplies furnished at the
time of service.
1. Desktop Printers and Fax Machines (Per Repair)
8 Hour Response: $ 65.00
4 Hour Respohse: $ 85.00
2 Hour Response: $ 85.00
2. Standard, All -In -One Multi Function Printers (Per Repair)
8 Hour Response:
$
75.00
4 Hour Response:
$
85.00
2 Hour Response:
$
99.00
3. Scanners/ID Card Printer
(Per Repair)
8 Hour Response:
$
75.00
4 Hour Response:
$
85.00
2 Hour Response:
$
99.00
4. Copier
8 Hour Response:
$ 180.00 (Per Hour)
$ 50.00 Flat Rate Travel Charge per visit (Copiers Only)
City of Vernon -Universal Laser (A Division of Geneal Data Company)
Supplies and Service Request Process
1.Ordering Supplies:
a.) email: customerservice@universallaser.com
b.) phone: 800-762-7829
c.) fax: 714-434-6045
d.) url: www.universallaser.com/cov
2. Servcie Request ,
a.) email: linda@universallaser.com
b.) phone: 800-762-7829 (all of our customer service rep's can open service calls)
c.) When requesting service on a device:
i. Manufacturer and Model
ii. Serial Number of Machine
iii. Error Code or Problem
iv. Contact Name
v. Location (address, floor, office number)
vi. Phone Number
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*Per I.T. 01/31/13 Vendor
Cannot Get Insurance, so
COV Will No Longer Use
Juarez, Debbie
From: Juarez, Debbie
Sent: Thursday, January 31, 2013 2:42 PM
To: Arriola, Justin; Yermakov, Andrei
Cc: 'Irwin Ibc@yahoo.com'; Rueda, Karina; Castillo, Irene; Martinez, Marisela
Subject: RE: City Of Vernon Insurance Requirements - Rapid and Reliable Copier Service
Importance: High
Please let me know the status of this one. I have the fully executed agreements in my pending file and I cannot release
them until the insurance has been approved. Thank you.
rDe6orah,7uarez
9?fcords MaaagementA.ssistant
aty of Vernon - City Clerk's Office
4305 Santa T e /Uenne
Vernon, CA 90058
(323) 583-8811
From: Arriola, Justin
Sent: Tuesday, January 08, 2013 9:46 AM
To: Yermakov, Andrei
Cc: 'Irwin_Ibc@yahoo.com'; Rueda, Karina; Juarez, Debbie; Castillo, Irene
Subject: City Of Vernon Insurance Requirements - Rapid and Reliable. Copier Service
Importance: High
Good Morning Andrei,
After several attempts, I have not been successful in obtaining the required insurance documents. Attached is a copy of
the insurance requirements that pertain to the agreement between Rapid Reliable Copier Service and the City of
Vernon. In addition to the attached requirements the following must also be provided prior to release in the agreement.
- $1,000,000 Automobile Liability
Workers Compensation. If sole proprietor please submit notice on a cover letter head.
Per the attached requirements the agreements requires $4,000,000 general liability coverage.
Please provide an additional $1,000,000 to cover the $4,000,000.
Additional Insured Endorsement naming the City of Vernon under the general liability policy.
Please be advised that the following agreement was approved by Council on June 19tb 2012.
If the agreement is no longer required please advise me. so that I can close the file.
Thank you,
Justin Arriola
Risk Management Dpt.
Jarrlola@ci.vemon.ca.us
(323) 583-8811 ext:315
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential
information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby
notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED.
Juarez, Debbie
From: Juarez, Debbie
Sent: Tuesday, November 27, 2012 7:11 AM
To: Yermakov, Andrei
Subject: FW: RAPID & RELIABLE - RES. NO. 2012-108
Good morning, Andrei. I received an email from Justin informing me that the City is no longer using Rapid and Reliable.
Can you please confirm this information for the file? Thank you.
<Debora6 Juarez
Wfcorrls ManageinentAsfutaut
City of 14nion - City Clerks Office
4.305 Santa Te,4venue
Vernon, C4 90058
(323) 58.3-8811
From: Arriola, Justin
Sent: Tuesday, November 27, 2012 7:03 AM
To: Juarez, Debbie
Subject: RE: RAPID & RELIABLE - RES. NO. 2012-108
Good Morning Debbie,
I was under the impression that we no longer use their services..
Andrei and I have been trying to get the needed documents from them for several months now. For some reason they
just don't want to provide us with all of the information. I was told that we would be using House of Business Machines
to substitute for Rapid and Reliable.
Justin Arriola
Risk Management Dpt.
Jarriola@ci.vernon.ca.us
(323) 583-8811 ext:315
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential
information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby
notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED.
If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without
reading or saving in any manner.
From: Juarez, Debbie
Sent: Monday, November 26, 2012 2:33 PM
To: Arriola, Justin
Subject: FW: RAPID & RELIABLE - RES. NO. 2012-108
Hi Justin. Have they provided valid insurance yet?
iDe6aa6 Juarez
W§cords Wauademen t. Assistaut
t S'y ofi/ernon - City Clerk's Office
4305 Santa Te Avenue