HomeMy WebLinkAbout35-Public ServicesCITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Dept: Public Services
Date: August 5, 2008
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
$34,000 with three (3) one-year
extensions at the City's option between
the City of San Bernardino and South
Bay Foundry, Inc. for the purchase of
sewer manhole lids and collars.
Meeting Date: August 18, 2008
Synopsis of Previous Council Action:
Recommended Motion:
Adopt Resolution.
nature
Contact person: Ken Fischer, Director
Supporting data attached:
Staff Report, Resolution,
Vendor Service Agreement and
Attachment "1"
FUNDING REQUIREMENTS:
Council Notes:
Agenda Item No.
Phone: 5140
Ward: All
Amount: $ 34,000 from the
Sewer Fund
Source: FY 08-09
Account No.
132-431-5111
(Materials and Supplies)
Finance:
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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 $34,000 with
three (3) one-year extensions at the City's option between the City of San Bernardino and
South Bay Foundry, Incorporated for the purchase of sewer manhole lids and collars.
Background:
The Public Services Department, Streets Division is responsible for maintaining
approximately eight thousand (8,000) sewer manhole lids and collars throughout the City.
Due to the age and conditions of some of the current manhole lids and collars, and as part of
the Division's on going manhole lids and collar replacement program, the Division has
budgeted to purchase approximately one hundred and forty (140) manhole lids and collars.
On July 21, 2008, staff requested quotes for sewer manhole lids and collars from three (3)
vendors. All three vendors submitted quotes (Attachment "1"). The vendor, business
location, and price quote are listed below.
no, CA
$205.00
*$211.00
South Bay Foundry San Bernardi
Alhambra Foundry Company Alhambra, CA
Neenah Foundry Company Phoenix, AZ
'Includes Freight costs
In addition to the 140 manhole lids and covers, staff budgeted approximately $5,440 for
emergency manhole replacement costs. South Bay Foundry, Incorporated is a local vendor
that has provided the City of San Bernardino with reliable service. Staff recommends that
Council authorize the execution of an agreement and purchase order in the amount of
$34,000 for the purchase of sewer manhole lids and collars.
The term of this agreement shall be from August 18, 2008 through June 30, 2009, with three
(3) one-year extensions at the City's option. Option year one, if exercised, shall be effective
July 1, 2009 through June 30, 2010. Option year two, if exercised, shall be effective July 1,
2010 through June 30, 2011. Option year three, if exercised, shall be effective July 1, 2011
through June 30, 2012.
Financial Impact:
Funds are available and have been budgeted in FY 08-09, Account Number 132-431-5111
(Materials and Supplies) in the amount of $34,000.
Recommendation:
Adopt Resolution.
JUL-2h2109 I9:O2PY ~M-SWTN BAY FWNDRY ATTACHMENT ~~1~~ 1-Oih056'tiN T-019 P.~1/001 F-6M
SOUTH BAY FOUNDRY ? g
.San Bernardino Distrihntio99 Yard Date: /~ 0
895 South Inland Center Bid Date:
San B~ernardi>~, CA 92408
Tel: (909) 383.1823 ~~ gy;
Faa(909)888-6266
Order P.O. No.
CUSTOMER:
PHONE: FAR: ~'~
JOB NAME:
LOCATTON:
ITEM NO QTY. D&SCRIP'I'ION PRICE
ADD SALES TAZ IF APPLICABLE.
ORDERS AR.E C.O.D. OR PRE-APPROVED CREDIT.
QUANTI?IES ON BID ITEM5 ABE FOR BID Pl)BPOSES ON[,X AND SHOULD BE
_,
`.
ERIH'lED BEFORE MATe'prs3 IS ORDERED.
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DELIVERY: WII,L CALL JOB ST1'8 (addre999) '
NOTFJSPECIAL INSTRUCTIONS:
992-a :oaloo~a ur-i 99t99u9on ABOIBIOd Are BJlg9-IIOtld Pld1E~-9 Seat-et-Trtr
07/21/2808 11:33 6262093870 N.HAMBRA FOl~1RY CO. PAt,E 01
ALHAMBRA FOUNDRY COMPANY
EVERYTHING W IRON
FABRICATORS /FOUNDERS / MACFNNISTS
1147 MERIDIAN AYE. / P.O. BOX 4~ / ALHAMBRA. CA 91802-0489
tlllfab sib: www.elhembrafaurldry.com E+nafi: keneaihambrefoundry.cam
(aza) zee-4294
Fax
1q6
Attn: Randy Ndfo
Lot:
Tel: (909) 384-5045
Fax: (909) 384-7239 Bid Date: 7r
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lllmf 11c Ileli
140 EA A-1254-CIR-4 (24" dia) Traiiic MH Cover 8 Ring
• 4" tall ring
• see attached drawing of whet we would be able t0 make
EA + TAX
s 2os.oo
" FYI: Ttte tort of the raw rttabritis aced m make the castlnge has inoroased over 1~
atrtce AprU 400'f, eecatrae of tlteaa irrereaes. vre wNl only ba abN to hold the
price above for a maximum of 30 days.
" CU8TOM MADE. LE ~
* PLEAaE ALLOW APPROX. 6 - 8 YIIEEICS FOR FABRICATION -COMPLETE
LOAD aaM. Tax Not broNrde
P1tC11q IRry NfY M~1 te1N t~llall~r IIMOMI. pNae! Csa t0 MINy.
AoY d~1- bN~ ~ •Ps~Mied aenountw9l tro glogr+d .
• Dw co Ineranirts oasts of raw raeterley. ptoes wl9 only b. soon *--~ ~
"aubjeet so as terms and ooNdNlpeis set Torth b!t Asnmbra Foundry ~. LTD
(iMeaso Slsa a Fax t#role A.a.A.p. so wa son process your ordert
Atteptsd by:
Dstae:
By: Chen C~t!a~Tar
Sea McCliater
ihsnk Yau ibrChooeN+g AHwmbra Fargry for AM avow DransOe Needs
nee~tun.ww rese.s~q, o~.rronc..so.iaereon cew4.~ c..age
r~ur o~aawAr droeyr
QUOTATION
Q162639
NEENAH ~~
FOUNDRY COMPANY
836 E. BUCKEYE ROAD
PHOENDC, ARIZONA 85034
CITY OF SAN BERNARDINO
234 S MOUNTAIN VIEW
SAN BERNARDINO CA 92408
Attu: RANDY
Phone #: (909) 384-5045
Faz #: (909) 384-7239
PHONE: 602-225-9801
FAX 602-220-0354
DATE: July 23, 2008
REFERENCE:
CITY BID
we are presses to suomr me mrowng quoratron n accoraarrce wzn your requesr.
Quantity Catalog Na Dexripdoa Each WL Price Units
140 Sets R-1593 FRAME, type N, 'NF 1254', mach seat, GI 146# 5195.00 /Set
SOLID LID, type K, mach seat, GI, 1 open pick, 1 lift hole 141 #
TOTAL OF 140 Sets R-1593 527,300.00
TO BE LETTERED: CITY OF SAN
BERNARDDVO, DANGER CONFINED
SPACE - DO NOT ENTER -ALL IN
1" HIGH LETTERS -PER DRWG.
TOTAL ESTIMATED WEIGHT: 40,180 Ibs TOTAL QUOTATION VALUE 527,300.00
(Ezeludjag $hids) (Ezcludiog Sarcharge) (Ezcladiog Froight)
ESTIMATED METAL SURCHARGE: 50.090/Ib z 40,180 =53,616.2( ESTIMATED FREIGHT: 52,350.00
~ mail upon
1 of 1
unpainted. Quantities are appro:dm~e, changes could aher unit prices. Esfhcntzd freight based an above quantities
shipping in one coc~kte shipment Any ordc submitted putsuam to this quotat~ shall cat result in a contract
utuil h is accepted and acknowledgedm writiccg by Neenah Foundry Company (SELLER).
Prices are valid on orders etdeted within 30 days from date of quotation, NEENAH FOUNDRY COMPANY
with shipment ~ earliest availability. Teans are net 30 days Prices do not
inch~e tax.
All Dri(xs subi(x.t to current metal surcbar¢e. BY
FOB NEENAH WI
MICHELLE GERTH
CONSTRUCTION SALES SVC
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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 534,000 WITH THREE
(3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF
SAN BERNARDINO AND SOUTH BAY FOUNDRY, INC. FOR THE PURCHASE OF
SEWER MANHOLE LIDS AND COLLARS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That South Bay Foundry, Inc submitted the lowest quote for the
purchase of sewer manhole lids and collars.
SECTION 2. That the City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and South Bay Foundry, Inc., a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
SECTION 3. This purchase is exempt from the formal contract procedures of
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Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. 6.3 of said
Code, "Purchases approved by the Mayor and Common Council'.
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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 $34,000 WITH THREE
(3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF
SAN BERNARDINO AND SOUTH BAY FOUNDRY, INCORPORATED FOR THE
PURCHASE OF SEWER MANHOLE LIDS AND COLLARS.
SECTION 4. That pursuant to this determination the Director of Finance or
his/her designee is hereby authorized to issue a Purchase Order to South Bay
Foundry, Incorporated in the amount of $34,000. The Purchase Order shall reference
this Resolution No. _ and shall read, "South Bay Foundry, Inc. for the purchase
of sewer manhole lids and collars, not to exceed $34,000" and shall incorporate the
terms and conditions of this Resolution.
SECTION 5. The authorization to execute the above referenced Purchase
Order is rescinded if not issued within sixty (60) days of the passage of this
Resolution.
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231
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 $34,000 WITH THREE
(3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF
SAN BERNARDINO AND SOUTH BAY FOUNDRY, INC. FOR THE PURCHASE OF
SEWER MANHOLE LIDS AND COLLARS.
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
following vote, to wit:
Council Members: AYES NAYS
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
ABSTAIN ABSENT
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this day of
2008.
Patrick J. Morris, Mayor
City of San Bernardino
Aoaroved as to form:
es F. Penman
Attorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 18a' day of August
2008, by and between South Bay Foundry, Incorporated ("VENDOR") and the City of San
Bernazdino ("CITY" or "San Bernazdino'~.
WITNESSETH:
WHEREAS, the Mayor and Common Council have determined that it is in the best
interest of the CITY to contract for the purchase of sewer manhole lids and collars; and
WHEREAS, the City of San Bemardino has determined that vendor possesses the
it
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professional skills and ability to provide said services for the City;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in its proposal dated
July 18, 2008, attached hereto, marked Attachment "1" 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 the amount of $34,000 to provide and perform those
products and services described in Section 1 above.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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Exhibit "A"
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3. TERM.
The term of this agreement shall be from August 18, 2008 through June 30, 2009, with
three (3) one-yeaz extensions at the City's option. Option yeaz one, if exercised, shall be
effective July 1, 2009 through June 30, 2010. Option yeaz two, if exercised, shall be effective
July 1, 2010 through June 30, 2011. Option yeaz three, if exercised, shall be effective July 1,
2011 through June 30, 2012. Each option shall be exercised by written agreement of the parties
executed on or before expiration of the current term.
This Agreement may be terminated at any time by thirty (30) days prior written notice
it
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by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
agreement.
4. INDEMPIIT'Y.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based on
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors,. relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
Exhibit "A"
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it
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respect to third party claims against the Vendor relating to or in any way connected with the.
accomplishment of the work or performance of services under this Agreement.
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
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CTfY 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,
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VENDOR shall not engage in, nor pernrit its officers, employees or agents to engage m,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
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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
Exhibit "A"
1 employees, and all business license, if any aze required, in connection with the services to be
2 performed hereunder.
3 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
4 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
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certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
Any notices to be given pursuant to this Agreement shall be deposited with the United
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
11 I I States Postal Service, postage prepaid and addressed as follows:
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TO THE CITY:
Public Services Director
300 North "D" Street
San Bernazdino, CA 92418
Telephone: (909) 384-5140
15I I TO THE VENDOR:
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19I 110. ATTORNEYS' FEES
South Bay Foundry Incorporated
895 S. Inland Center Dr.
San Bernazdino, CA 92408
Telephone: (909) 888-3334
Contact: Staci Schulenburg
In the event that litigation is brought by any party in connection with this Agreement,
21 ~ ~ 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
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26 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
27 fees" for the purposes of this pazagraph.
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Exhibit "A" "
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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.
12. VENUE.
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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
Bernazdino, State of California or the U.S. District Court for the Central District of California,
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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.
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15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
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Exhibit "A"
1 16. ENTIRE AGREEMENT; MODIFICATION.
2 This Agreement constitutes the entire agreement and the understanding between the
3 parties, and supercedes any prior agreements and understandings relating to the subject manner
4 of this Agreement. This Agreement maybe modified or amended only by a written instrument
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executed by all parties to this Agreement.
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Exhibit "A"
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Ill
VENDOR SERVICE AGREEMENT
SOUTH BAY FOUNDRY, INC.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2008
Dated .2008
Approved as to Form:
By:
James F. Penman, City Attorney
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VENDOR.
By:
Its:
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Exhibit "A"
Jlk-th21p n:02PY Ft01Ff0U1N BI1T FOIAIDRY ATTACHMENT "1" tilhlSi-2Tp T-III P.al/OA1 Fla
SOUTH BAY FOUNDRY ? 8
.San Beroarditeo Di~trihnt~ Yard Date: /?~ ~
895 South Inland Center Bid Date:
Saa Bernardiao, CA 92408 ~;~, ~~
Tel: (909) 383.1823 Q~ gj,; ~,- ""' `~
Faa (909) SSS-6266
Order P.O. No.
CUSTOMER:
PRONE: FAX: ~~
JOB NAME:
LOCATION:
ITEM NO QTY. DESCRIPTION ~ PRICE
ADD SALES TA7C ff APPLICABLE
ORDERS ARB C.O.D. OR PEE-APPROVED CREDIT.
QUAPiTxi'IES ON BID ITEMS ARE FOR BID PURPOSES ONLX AND SAOULD BE
''FR19'!ED BEFORE MATERIAL IS ORDERED.
rZ.~
DELIVERY: WILL CALL SOB STTn taddcess)
NOTFJSPECIAL iNSTRUCTION&
a:-a lee~la~a t1P-1 Iunaan 1JgellOa A1h MJIIOeie)ea Iwlcle net-a-xrr
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 18th day of August
2008, by and between South Bay Foundry, Incorporated ("VENDOR") and the City of San
Bernazdino ("CITY" or "San Bemazdino")
WITNESSETH:
WHEREAS, the Mayor and Common Council have determined that it is in the best
interest of the CITY to contract for the purchase of sewer manhole lids and collazs; and
it
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WHEREAS, the City of San Bernardino has determined that vendor possesses the
professional skills and ability to provide said services for the City;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated in pazagraph 2, San Bernazdino hereby engages the
services of VENDOR to provide those products and services as set forth in its proposal dated
July 18, 2008, attached hereto, mazked Attachment "1" and incorporated herein by this
reference as fully as though set forth at length.
2. COMPENSATION AND EXPENSES.
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a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $34,000 to provide and perform those
products and services described in Section 1 above.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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1 3. TERM.
2 The term of this ageement shall be from August 18, 2008 through June 30, 2009, with
3 three (3) one-year extensions at the City's option. Option yeaz one, if exercised, shall be
4 effective July 1, 2009 through June 30, 2010. Option yeaz two, if exercised, shall be effective
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July 1, 2010 through June 30, 2011. Option yeaz three, if exercised, shall be effective July 1,
2011 through June 30, 2012. Each option shall be exercised by written ageement of the parties
executed on or before expiration of the current term.
This Ageement may be terminated at anytime by thirty (30) days prior written notice
by either party. The terms of this Ageement shall remain in force unless amended by written
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ageement of the parties executed on or before date of expiration of current term of the
ageement.
4. INDEMNITY.
Vendor agees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from. bodily injury, including death, or property damage, based on
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Ageement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such. actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives; with
respect to third party claims against the Vendor relating to or in any way connected with the
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2 accomplishment of the work or performance of services under this. Agreement.
3 ~ ~ 5. INSURANCE.
4 While not restricting or limiting the foregoing, during the term of this Agreement,
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VENDOR shall maintain in effect policies of comprehensive public, general and automobile
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7 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
Q ~ ~ worker's compensation coverage, and shall file copies of said policies with the CTfY's Risk
g Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
10 additional named insured in each policy of insurance provided hereunder. The Certificate of
11 Insurance fiunished to the CITY shall require the insurer to notify CITY of any change or
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termination in the policy.
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6. NON-DISCRINIINATION.
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15 ~ the performance of this Agreement and in the hiring and recruitment of employees,
ta~~ VENDOR shall not engage in, nor permit its officers, employees or agents to engage m,
17 ~ ~ 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
20I I 12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR
23I I 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
1 I I employees, and all business license, if any are required, in connection with the services to be
2 performed hereunder.
3 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
4 VENDOR wazrants that it possesses or shall obtain, and maintain a business registration
5
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
6
qualifications, insurance and approval of whatever nature that aze legally required of VENDOR
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8 to practice its business or profession.
9 9. NOTICES.
10 Any notices to be given pursuant to this Agreement shall be deposited with the United
11 States Postal Service, postage prepaid and addressed as follows:
12 TO THE CITY: Public Services Director
13 300 North "D" Street
San Bernazdino, CA 92418
14 Telephone: (909) 384-5140
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TO THE VENDOR:
10. ATTORNEYS' FEES
South Bay Foundry Incorporated
895 S. Inland Center Dr.
San Bernazdino, CA 92408
Telephone: (909) 888-3334
Contact: Staci Scbulenburg
In the event that litigation is brought by any party in connection with this Agreement,
22I I 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
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_„ office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
27I I fees" for the purposes of this pazagraph.
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This Agreement shall be governed by the laws of the State of California.
211
This Agreement shall be binding on and inure to the benefit of the parties to this
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 CTTY'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.
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
Bernazdino, 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.
14. SUCCESSORS AND ASSIGNS.
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
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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 maybe modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
SOUTH BAY FOUNDRY, INC.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2008 VENDOR.
By:
Its:
Dated , 2008 CITY OF SAN BERNARDINO
Fred Wilson, City Manager
Approved as to Form:
By: '
es F. Penman, City Attorney
JlR-tMtIN 13:OtPY
~"~ &~T ~~ ATTACHMENT "1" l'!t!-!N'27N T-01! P.Ni/001 F-!N
SQUTH BAY FOUNDRY ? P
.San Bernardino Distrit-ntio~! Yard Date: ~?~ ~
895 So>eth Inland Center Bid Date:
San Bdtaalardino, CA 9x408 ~~ ~~
Td: (909) 383.18x3 Qp~ gy; ~~"~"
Faa(909)8$S-6x66
Order P.O. No.
CUSTOMER:
~-3.
PHONE: FAX:
JOB NAME:
LOCATION:
ITEM NO QTY. DESCRIPTION ~ PRICE
ADD SALES TAX IF APPLICABLE.
ORDERS ARE C.O.D. OR PEE-APPROVED CREDIT.
QUANTITIES ON BID ITEMS ARE FOR BID PURPOSES ONYX AND SHOULD BE
''EBI>!'~D BF.F'ORE MATERIAL LS ORDERED.
~---
DE4IVERY: WII,L CALL JOB SITS (address}
NOTE/SPECIAL INSTRUCTIONS:
9!t-d t00/l00'd ttFl !!ZlINNtI AigMIOd AYH Hif10!-IIOHd PdIH:IH BHOZ-BL-RII'