HomeMy WebLinkAbout2009-195
RESOLUTION NO. 2009-195
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE
3 AMOUNT OF $40,000 BY EXERCISING THE SECOND OF THREE (3) ONE-YEAR
4 EXTENSIONS BETWEEN THE CITY OF SAN BERNARDINO AND AMERICAN
ROTARY BROOM COMPANY INCORPORATED FOR REWOUND MAIN AND
5 GUTTER SWEEPER BROOMS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Amendment to the Agreement between
the City of San Bernardino and American Rotary Broom Company, a copy of which is
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attached hereto, marked as Exhibit "A", and incorporated herein by this reference as
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fully set forth at length.
SECTION 2. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to issue an Annual Purchase Order to American Rotary
16 Broom Company in the amount of $40,000 for FY 09-10.
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18 and shall read, "American Rotary Broom Co. Inc. for rewound main and gutter
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SECTION 3. The Purchase Order shall reference this Resolution Number
sweeper brooms, P.O, not to exceed $40,000.00" and shall incorporate the terms and
conditions of the Agreement.
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SECTION 4. The authorization to execute the above referenced Purchase
Order and Amendment is rescinded if it is not executed by both parties within sixty (60)
days of the passage of this resolution.
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III
2009-195
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE
2 AMOUNT OF $40,000 BY EXERCISING THE SECOND OF THREE (3) ONE-YEAR
3 EXTENSIONS BETWEEN THE CITY OF SAN BERNARDINO AND AMERICAN
ROTARY BROOM COMPANY INCORPORATED FOR REWOUND MAIN AND
4 GUTTER SWEEPER BROOMS.
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6 joint
Mayor and Common Council of the City of San Bernardino at a regular
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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meeting thereof, held on the 6th
following vote, to wit:
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Council Members:
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11 ESTRADA
12 BAXTER
13 BRINKER
14 SHORETT
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KELLEY
JOHNSON
MCCAMMACK
day of
July
, 2009, by the
AYES
NAYS
ABSTAIN ABSENT
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I~.~
Ra hel G. Clark, City Clerk
1'.J..
is hereby approved this day of
The foregoing resolution
July ,2009.
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J. Morris, or
San Bernardino
2009-195
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AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
This Agreement is entered into this 6th day of July 2009, by and between
American Rotary Broom Company Incorporated ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
RECITALS
A. On April 7, 2008, the Mayor and Common Council of the City of San Bernardino
authorized the execution of an Agreement and increase to an Annual Purchase
Order, with three single year renewal options, to American Rotary Broom Company
Incorporated, for rewound main and gutter sweeper brooms, to be utilized by the
Public Services Department, Fleet Division ("Agreement"), a copy of which is
attached hereto as Attachment "1" and incorporated by this reference.
B. The CITY and VENDOR now desire to alter the Agreement to increase the amount
of the Agreement by $5,000 for a total not to exceed $40,000.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Services Agreement,
the parties agree as follows:
1. Section 2 (b) ofthe Agreement is amended by striking $35,000 and adding
the term $40,000.
2. Section 3 (Term) ofthe Agreement is amended by striking July 1, 2009 and
adding July 6,2009.
3. All other provisions of the written contract are reaffirmed as originally stated.
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III EXHIBIT "A"
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2009-195
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
AMERICAN ROTARY BROOM COMPANY INCORPORATED
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated: ~/y ;(0 ,2009
,
Dated: 9~ '7 ,2009
ATTEST:
Q~ /.1. ~_
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Rachel Clark, City Clerk
Approved as to form:
James F. Penman, City Attorney
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American Rotary Broom Company
Incorporated
BY:~~~ _
c:?" - ?/WJ' ~/1-/
CITY OF SAN BERNARDINO
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ATTACHMENT "1"
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 7th day of April 2008, by and
between American Rotary Broom Co. Inc. ("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 rewound main and gutter sweeper brooms
to be utilized by the Public Services Department, Fleet Division;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
a. For the rernunemtion stipulated, San Bernardino hereby engages the services of
VENDOR to provide rewound main and gutter sweeper brooms.
2. COMPENSA nON AND EXPENSES.
b. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR, up to the amount of $]0,100.00 for rewound main and gutter
sweeper brooms for the initial term and up to $35,000.00 for each additional term as
set forth in paragraph 3.
c. No other expenditures made by VENDOR shall be reirnbursed by CITY.
3. TERM.
The term of this Agreement shall be an initial term of April 7, 2008 through June 30,
2008, with three (3) one-year extensions at the City's option. Option year one, if exercised,
shall be effective Ju]y 1, 2008 through June 30, 2009. Option year two, if exercised, shall be
effective July 1,2009 through June 30, 2010. Option year three, if exercised, shall be effective
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July 1, 2010 through June 30, 2011. Actual option year pricing shall be negotiated with the
VENDOR prior to exercising any given option year.
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.
5. INSURANCE.
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additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
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18 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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20 performed hereunder.
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VENDOR warrants that it possesses or shall obtain, and maintain a business registration
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24 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
25 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
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6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but forall 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
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
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2 9. NOTICES.
3 Any notices to be given pursuant to this Agreement shall be deposited with the United
4 States Postal Service, postage prepaid and addressed as follows:
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9 TO THE VENDOR:
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TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
American Rotary Broom Cornpany Inc.
564 N. Tulip Street
Escondido, CA 92025-2533
Telephone: (760) 747-1506
Attn: Clayton Trejo
10. 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,
16 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
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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
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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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4 12. VENUE.
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11 13. GOVERNING LAW.
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16 Agreement and their respective heirs, representatives, successors, and assigns.
17 15. HEADINGS.
18 The subject headings of the sections of this Agreement are included for the purposes of
19 convenience only and shall not affect the construction or the interpretation of any of its
20 provisions.
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26 executed by all parties to this Agreement.
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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
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforernentioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
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
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 Agreernent may be modified or amended only by a written instrument
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VENDORSER~CEAGREEMENT
AMERICAN ROTARY BROOM COMPANY INC.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
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Dated: S IS"
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and date set forth below.
,2008
VENDOR
B~ /f?u1~. _-
Its: #.43. ~ - ?~I'iI!r/lr
~4rn ~. tJV-;" ~
CITY OF ARDINO
Dated
4/q
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,2008
o ,City Manager
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Approved as to Form:
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