HomeMy WebLinkAbout2007-121
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RESOLUTION NO. 2007-121
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $30,000,
WITH THREE (3) SINGLE YEAR RENEWAL OPTIONS, TO ARATA EQUIPMENT
COMPANY FOR THE PURCHASE OF SPECIFIC LABRIE EQUIPMENT PARTS
AND SUPPLIES UTILIZED BY THE PUBLIC SERVICES FLEET DIVISION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to
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10 Arata Equipment Co., a copy of which is attached hereto, marked Exhibit "A" and
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execute on behalf of said City an Agreement between the City of San Bernardino and
incorporated herein by reference as fully as though set forth at length.
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SECTION 2. This purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
Code "Purchases approved by the Mayor and Common Council".
SECTION 3. That Arata Equipment Co. furnishes specific Labrie equipment
parts and supplies for the public services refuse fleet utilized by the public services
department fleet division. Pursuant to this determination, the Purchasing Manager is
hereby authorized to issue an increase of $30,000 to the annual purchase order, to
said Arata Equipment Co., for a total amount not to exceed $130,000 beginning in
Fiscal Year 2006/2007.
SECTION 4. The Purchase Order shall reference this Resolution No. 2007-
121 and shall read, "Authorized Labrie Front and Side loader parts and supplies"
P.O. No. 207061 not to exceed $130,000 and shall incorporate the terms and
conditions of the Contract.
April 1 0, 2007
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6 and shall read, "Authorized Labrie Front and Side loader parts and supplies"
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $30,000,
WITH THREE (3) SINGLE YEAR RENEWAL OPTIONS, TO ARATA EQUIPMENT
COMPANY FOR THE PURCHASE OF SPECIFIC LABRIE EQUIPMENT PARTS
AND SUPPLIES UTILIZED BY THE PUBLIC SERVICES FLEET DIVISION.
SECTION 5. The Agreement shall reference this Resolution No. 2007 121
Agreement not to exceed $30,000.00 and shall incorporate the terms and conditions of
the agreement.
SECTION 6. The authorization to execute the above referenced Agreement and
Purchase Order is rescinded if not issued within sixty (60) days of the passage of this
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April 10, 2007
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2007-121
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 16th day of April
2007, by and between Arata Equipment Co. ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for Authorized Labrie Front and Side loader
parts and supplies; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for Authorized Labrie Front and Side loader parts and supplies.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in this purchase agreement.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $30,000.00 for Authorized Labrie Front and
Side loader parts and supplies.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term ofthis Agreement shall be for a period of one year.
2007-121
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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.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
S. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
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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 discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
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TO THE VENDOR:
Arata Equipment Co. \<.oc~,\.
1160 Industrial)X #12
San Carlos, CA 94070
Telephone: (650) 508-1010
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ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law aSSIgn, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
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12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
IS. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
proVISIOns.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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2007-121
1 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
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2 and date set forth below.
Dated: if(/ U ,2007
Dated~,2007
Approved as to Form:
VE
By:
Its: PREsso.errr
CITY OF SAN BERNARDINO
BY~
Pa 'ck J. Mo, or