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HomeMy WebLinkAbout17- Public Services ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Randy Kuettle, Acting Director Subject: Resolution of the Mayor and Common Council of the City of San Dept: Public Services Bernardino authorizing the execution of an Agreement and issuance of a Date: April 12, 2010 Purchase Order in the amount of $428,058.37 to Fairview Ford of San Bernardino for the purchase of one (1) Vac-Con V311 LHA/1300 Jet Rodder truck. Meeting Date: May 3, 2010 Synopsis of Previous Council Action: Reso 2007-181 6/4/2007 Approved purchase of one Vactor 2110 RCS Jet Rodder truck from Crest Chevrolet. Reso 2007-455 11/19/07 Approved purchase of one Vactor 2110 RCS Jet Rodder truck from Crest Chevrolet. Recommended Motion: Adopt Resolution. Signature Contact person: Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Ward: All Staff Report, Resolution, Vendor Service Agreement, and Attachments 1" and "2" FUNDING REQUIREMENTS: Amount: $428,058.37 Source: FY 09-10 132-431-5701 (Motor Vehicles) Finance: Council Notes: esd o80/6-9�7 Agenda Item No. . 5_3. 2010 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 $428,058.37 to Fairview Ford of San Bernardino for the purchase of one (1) Vac-Con V311 LHA/1300 Jet Rodder truck. Background: The Public Services Department, Street Division Sewer crew currently utilizes unit#549, a 1989 Ford Vac-Con Rodder truck with 216,171 miles to clean storm drains. This vehicle is scheduled to be replaced in FY 2009/2010 and the funds are budgeted in Account Number 132-431-5701 (Motor Vehicles) in the amount of $428,058.37 for its replacement. This unit has reached its economic life and has become too costly to operate. Therefore, it will be placed in surplus for auction. The Street Division currently has six (6) rodder trucks including the 1989 Ford Vac-Con Rodder truck. The 1989 Ford Vac-Con Rodder truck is unique, as it is the only truck with a fan unit that is used to clean storm drains. All other sewer vehicles have blowers on the trucks that are used to the clean sewer lines. If this unit is not replaced, staff will be unable to clean storm drains. The new Vac-Con Jet Rodder truck will be equipped with a fan unit. Notices for bid # RFQ F-10-15 were sent to seven (7) vendors, the San Bernardino Area Chamber of Commerce, advertised on the City's Web Page and in the San Bernardino County Sun Newspaper. Two bids were received as follows (See Attachment "1" and „2„). Vendor Location Quote Fairview Ford San Bernardino $428,058.37 Haaker Equipment La Verne $466,329.25 Staff reviewed the two bids and it was determined that the Vac-Con V311LHA/1300 Jet Rodder mounted on a 2010 Autocar ACX64 CNG (Compressed Natural Gas) chassis from Fairview Ford was the best unit for the City. This unit complies with SCAQMD Rule #1196 "Clean on-road heavy-duty public fleet vehicles'. Fairview will use sub-contractors, LA Freightliner of Fontana and Municipal Maintenance Equipment Company of Sacramento CA. for the build-up of the specialized equipment to meet the Public Services Department specifications. Financial Impact: Funds for this purchase is available in FY2009/2010 Account Number 132-431-5701 (Motor Vehicles) in the amount of$428,058.37. Account Number 132-431-5701 Budgeted Amount: 549 600 Balance as of April 12, 2010: $428,117 Balance after approval of this item: $58.63. 1 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report- Continued Please note this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred but not yet processed. Recommendation: Adopt Resolution. 2 RESOLUTION NO. C © Py 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 3 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $428,058.37 TO FAIRVIEW FORD OF SAN BERNARDINO FOR THE PURCHASE OF ONE (1) VAC- 4 CON V311LHAI1300 JET RODDER TRUCK. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager of the City of San Bernardino is hereby 8 authorized to execute on behalf of said City an Agreement between the City of San 9 Bernardino and Fairview Ford, a copy of which is attached hereto, marked Exhibit "A" 10 and incorporated herein by reference as fully as though set forth at length. 11 SECTION 2. That Fairview Ford has offered a purchase price of $428,058.37 12 13 including tax pursuant to RFQ F-10-15 for the purchase of one (1) Vac-Con 14 V311 LHA/1300 Jet Rodder truck. Pursuant to this determination the Finance Director 15 is hereby authorized to issue a purchase order to Fairview Ford of San Bernardino, in 16 the amount of $428,058.37, which will facilitate the procurement of the Vac-Con 17 V311 LHA/1300 Jet Rodder truck. 18 SECTION 3. The Purchase Order shall reference this Resolution Number and 19 20 shall read, "Purchase of one (1) Vac-Con V311 LHA/1300 Jet Rodder truck, P.O. not to 21 exceed $428,058.37' and shall incorporate the terms and conditions of the Agreement. 22 SECTION 4. The authorization to execute the above referenced Purchase 23 Order and Agreement is rescinded if not issued within sixty (60) days of the passage 24 of this Resolution. 25 26 27 �n U 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $428,058.37 TO FAIRVIEW FORD OF SAN BERNARDINO FOR THE PURCHASE OF ONE (1) VAC- S CON V311LHA/1300 JET RODDER TRUCK. 4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 5 Mayor and Common Council of the City of San Bernardino at a 6 2010, b the meeting thereof, held on the day of Y 7 8 following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 DESJARDINS 12 BRINKER 13 SHORETT 14 KELLEY 15 16 JOHNSON 17 MCCAMMACK 18 19 Rachel G. Clark, City Clerk 20 21 The foregoing resolution is hereby approved this day of ' 2010. 22 23 Patrick J. Morris, Mayor 24 City of San Bernardino roved as to for 2 26 James . Penman, City Attorney 27 28 VENDOR SERVICE AGREEMENT 1 This Vendor Service Agreement is entered into this 3rd day of May 2010, by and 2 between Fairview Ford ("VENDOR") and the City of San Bernardino ("CITY" or "San 3 4 Bernardino"). 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 7 and in the best interest of the CITY to contract for the purchase of a 2010 Vac-Con 8 V311LHA/1300 Jet Rodder truck; and 9 WHEREAS, the City of San Bernardino did solicit and accept bids from available 10 vendors for the purchase of a 2010 Vac-Con V311LHA/1300 Jet Rodder truck per RFQ F-10- 11 12 15; and, (� 18 NOW,THEREFORE, the parties hereto agree as follows: �r 14 1. SCOPE OF SERVICES. 15 For the remuneration stipulated, San Bernardino hereby engages the services of 16 VENDOR to provide. those products and services as set forth in its bid, a copy of which is 17 attached hereto as Attachment"1" and incorporated by this reference. 18 19 2. COMPENSATION AND EXPENSES. 20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 21 pay the VENDOR up to the amount of$428,058.37, for the purchase of a 2010 Vac- 22 Con V311LHA/1300 Jet Rodder truck. 23 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 24 3. TERM; TERMINATION. 25 26 The term of this agreement shall be for one year. 27 28 Exhibit"A" This Agreement may be terminated at any time by thirty (30) days prior written notice i by either party. The terms of this Agreement shall remain in force unless amended by written 2 agreement of the parties executed on or before date of expiration of current term of the 3 4 agreement. 5 4. WARRANTY 6 Vendor expressly warrants that all products and services supplied to City by Vendor 7 under this Agreement shall conform to the specifications, drawings or other description upon 8 9 which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, 10 of good material and workmanship, free from defects and fee and clear of all liens or i i 11 encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect 12 Vendor's obligations under this warranty, and such warranty shall survive inspection, testing, I i 13 acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or 14 services not conforming to the foregoing warranty without expense to the City, when notified 15 16 of such non-conformity by City. If Vendor fails to correct the defects in or replace non- 17 conforming goods or services promptly, City may, after reasonable notice to Vendor, make I j 18 such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for 19 purposes of this section shall not be deemed to require more than 60 calendars days notice 20 before commencement of efforts by the City to effect cover or a cure except upon written 21 agreement of the Parties. 22 i 5. INDEMNITY. 23 24 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 25 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 26 any kind and nature arising from bodily injury, including death, or property damage, based or 27 asserted upon any or alleged act or omission of Vendor, its employees, agents, or Exhibit"A" 2 subcontractors, relating to or in any way connected with the accomplishment of the work or 1 performance of service under this Agreement, unless the bodily injury or property damage was 2 actually caused by the sole negligence of the City, its elected officials, employees, agents or 3 4 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 5 own expense, including attorney's fees the City, its elected officials, employees, agents or 6 representatives from any and all legal actions based upon such actual or alleged acts or 7 omissions. Vendor hereby waives any and all rights to any types of express or implied 8 indemnity against the City, its elected officials, employees, agents or representatives, with 9 respect to third party claims against the Vendor relating to or in any way connected with the 10 accomplishment of the work or performance of services under this Agreement. 11 12 6. INSURANCE. 13 While not restricting or limiting the foregoing, during the term of this Agreement, v 14 VENDOR shall maintain in effeet policies of comprehensive public, general and automobile 15 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 16 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 17 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 18 19 additional named insured in each policy of insurance provided hereunder. The Certificate of 20 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 21 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any 22 change or termination of policy. 23 7. NON-DISCRIMINATION. 24 In the performance of this Agreement and in the hiring and recruitment of employees, 25 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, © 26 27 discrimination in employment of persons because of their race, religion, color, national origin, Exhibit"A" 3 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 1 sexual orientation, or any other status protected by law. 2 8. INDEPENDENT CONTRACTOR. 3 4 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 5 purposes VENDOR shall be an independent contractor and not an agent or employee of the 6 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 7 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment g Compensation, and other payroll deductions for VENDOR and its officers, agents, and 9 employees, and all business licenses, if any are required, in connection with the services to be 10 11 performed hereunder. 12 9• BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. es or shall obtain, and maintain a business registration 13 VENDOR warrants that it possess 14 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 15 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 16 to practice its business or profession. 17 NOTICES. 18 19 Any notices to be given pursuant to this Agreement shall be deposited with the United 20 States Postal Service,postage prepaid and addressed as follows: 21 TO THE CITY: Public Services Director 300 North"D" Street 22 San Bernardino, CA 92418 23 Telephone: (909) 384-5140 24 TO THE VENDOR: Fairview Ford Sales Inc. 808 West 2nd Street �r San Bernardino,CA 92412-5516 Telephone: (909) 386-0281 26 Attn: Todd Eff © 27 28 Exhibit "A" 4 10. ATTORNEYS' FEES. 1 In the event that litigation is brought by any party in connection with this Agreement, 2 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 3 4 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 5 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 6 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 7 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 8 fees" for the purposes of this paragraph. 9 11. ASSIGNMENT. 10 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 11 12 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 13 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 14 and shall constitute a breach of fhis Agreement and cause for the termination of this 15 Agreement. Regardless of CITY's consent,no subletting or assignment shall release VENDOR 16 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 17 hereunder for the term of this Agreement. 18 19 12. VENUE. 20 The parties hereto agree that all actions or proceedings arising in connection with this 21 Agreement shall be tried and litigated either in the State courts located in the County of San 22 Bernardino, State of California or the U.S. District Court for the Central District of California, 23 Riverside Division. The aforementioned choice of venue is intended by the parties to be 24 mandatory and not permissive in nature. 25 26 27 28 Exhibit"A" 5 13. GOVERNING LAW. (v 1 This Agreement shall be governed by the laws of the State of California. 2 14. SUCCESSORS AND ASSIGNS. 3 4 This Agreement shall be binding on and inure to the benefit of the parties to this 5 Agreement and their respective heirs,representatives, successors, and assigns. 6 15. HEADINGS. 7 The subject headings of the sections of this Agreement are included for the purposes of 8 convenience only and shall not affect the construction or the interpretation of any of its 9 provisions. 10 16. SEVERABILITY. it 12 If any provision of this Agreement is determined by a court of competent jurisdiction to 13 be invalid or unenforceable for any reason, such determination shall not affect the validity or © 14 enforceability of the remaining terms and provisions hereof or of the offending provision in any 15 other circumstance, and the remaining provisions of this Agreement shall remain in full force 16 and effect. 17 17. ENTIRE AGREEMENT; MODIFICATION. 18 19 This Agreement constitutes the entire agreement and the understanding between the 20 parties, and supercedes any prior agreements and understandings relating to the subject manner 21 of this Agreement. This Agreement may be modified or amended only by a written instrument 22 executed by all parties to this Agreement. 23 24 25 26 ® 27 28 Exhibit"A" 6 VENDOR SERVICE AGREEMENT 1 FAIRVIEW FORD 2 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 3 4 date set forth below. 5 Dated: , 2010 Fairview Ford 6 By: 7 8 9 Dated , 2010 CITY OF SAN BERNARDINO 10 BY Charles E. McNeely, City Manager 11 Approved as to Form: 12 13 By: James F. Penman, City Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit "A" 7 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 3`d day of May 2010, by and 2 between Fairview Ford ("VENDOR") and the City of San Bernardino ("CITY" or "San 3 4 Bernardino"). 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 7 and in the best interest of the CITY to contract for the purchase of a 2010 Vac-Con 8 V31ILHA/1300 Jet Rodder truck; and 9 WHEREAS, the City of San Bernardino did solicit and accept bids from available 10 vendors for the purchase of a 2010 Vac-Con V31ILHAJ1300 Jet Rodder truck per RFQ F-10- 11 12 15; and, {� 13 NOW,THEREFORE, the parties hereto agree as follows: �✓ 14 1. SCOPE OF SERVICES. 15 For the remuneration stipulated, San Bernardino hereby engages the services of 16 VENDOR to provide those products and services as set forth in its bid, a copy of which is 17 attached hereto as Attachment"1"and incorporated by this reference. 18 19 2. COMPENSATION AND EXPENSES. 20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 21 pay the VENDOR up to the amount of$428,058.37, for the purchase of a 2010 Vac- 22 Con V3 ILHA/1300 Jet Rodder truck. 23 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 24 3. TERM; TERMINATION. 25 26 The term of this agreement shall be for one year. 27 28 1 This Agreement may be terminated at any time by thirty (30) days prior written notice I by either party. The terms of this Agreement shall remain in force unless amended by written 2 agreement of the parties executed on or before date of expiration of current term of the 3 4 agreement. 5 4. WARRANTY 6 Vendor expressly warrants that all products and services supplied to City by Vendor 7 under this Agreement shall conform to the specifications, drawings or other description upon 8 9 which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, 10 of good material and workmanship, free from defects and fee and clear of all liens or 11 encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect 12 Vendor's obligations under this warranty, and such warranty shall survive inspection, testing, 13 acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or 14 services not conforming to the foregoing warranty without expense to the City, when notified 15 16 of such non-conformity by City. If Vendor fails to correct the defects in or replace non- 17 conforming goods or services promptly, City may, after reasonable notice to Vendor, make 18 such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for 19 purposes of this section shall not be deemed to require more than 60 calendars days notice 20 before commencement of efforts by the City to effect cover or a cure except upon written 21 agreement of the Parties. 22 5. INDEMNITY. 23 24 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 25 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 26 any kind and nature arising from bodily injury, including death, or property damage, based or .. 27 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 28 2 subcontractors, relating to or in any way connected with the accomplishment of the work or 1 performance of service under this Agreement, unless the bodily injury or property damage was 2 actually caused by the sole negligence of the City, its elected officials, employees, agents or 3 4 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 5 own expense, including attorney's fees the City, its elected officials, employees, agents or 6 representatives from any and all legal actions based upon such actual or alleged acts or 7 omissions. Vendor hereby waives any and all rights to any types of express or implied 8 indemnity against the City, its elected officials, employees, agents or representatives, with 9 respect to third party claims against the Vendor relating to or in any way connected with the 10 11 accomplishment of the work or performance of services under this Agreement. 12 6. INSURANCE. 13 While not restricting or limiting the foregoing, during the term of this Agreement, O14 VENDOR shall maintain in effedt policies of comprehensive public, general and automobile 15 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 16 worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk 17 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 18 19 additional named insured in each policy of insurance provided hereunder. The Certificate of 20 Insurance famished to the CITY shall require the insurer to notify CITY of any change or 21 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any 22 change or termination of policy. 23 7. NON-DISCRIMINATION. 24 In the performance of this Agreement and in the hiring and recruitment of employees, 5 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 2 27 discrimination in employment of persons because of their race, religion, color, national origin, 28 3 O ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 1 sexual orientation, or any other status protected by law. 2 8. INDEPENDENT CONTRACTOR. 3 4 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 5 purposes VENDOR shall be an independent contractor and not an agent or employee of the 6 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 7 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 8 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 9 employees, and all business licenses, if any are required, in connection with the services to be 10 11 performed hereunder. 12 9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 13 VENDOR warrants that it possesses or shall obtain, and maintain a business registration ® 14 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 15 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 16 to practice its business or profession. 17 NOTICES. 18 19 Any notices to be given pursuant to this Agreement shall be deposited with the United 20 States Postal Service,postage prepaid and addressed as follows: 21 TO THE CITY: Public Services Director 300 North"D" Street 22 San Bernardino, CA 92418 23 Telephone: (909) 384-5140 24 TO THE VENDOR: Fairview Ford Sales Inc. 808 West 2nd Street 25 San Bernardino,CA 92412-5516 Telephone: (909) 386-0281 26 Attn: Todd Eff ` 27 28 4 10. ATTORNEYS' FEES. © 1 In the event that litigation is brought by any party in connection with this Agreement, 2 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 4 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 5 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 6 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 7 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 8 fees" for the purposes of this paragraph. 9 11. ASSIGNMENT. 10 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 11 12 encumber all or any part of the VENDOR's interest in this Agreement without CITY'S prior 13 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void © 14 and shall constitute a breach of this Agreement and cause for the termination of this 15 Agreement. Regardless of CITY'S consent,no subletting or assignment shall release VENDOR 16 of VENDOR'S obligation to perform all other obligations to be performed by VENDOR 17 hereunder for the term of this Agreement. 18 19 12. VENUE. 20 The parties hereto agree that all actions or proceedings arising in connection with this 21 Agreement shall be tried and litigated either in the State courts located in the County of San 22 Bernardino, State of California or the U.S. District Court for the Central District of California, 23 Riverside Division. The aforementioned choice of venue is intended by the parties to be 24 mandatory and not permissive in nature. 25 26 C 27 28 5 13. GOVERNING LAW. Q 1 This Agreement shall be governed by the laws of the State of California. 2 14. SUCCESSORS AND ASSIGNS. 3 4 This Agreement shall be binding on and inure to the benefit of the parties to this 5 Agreement and their respective heirs,representatives, successors, and assigns. 6 15. HEADINGS. 7 The subject headings of the sections of this Agreement are included for the purposes of 8 convenience only and shall not affect the construction or the interpretation of any of its 9 provisions. 10 11 16. SEVERABILITY. 12 If any provision of this Agreement is determined by a court of competent jurisdiction to 13 be invalid or unenforceable for any reason, such determination shall not affect the validity or 14 enforceability of the remaining teimsI'and provisions hereof or of the offending provision in any 15 other circumstance, and the remaining provisions of this Agreement shall remain in full force 16 and effect. 17 17. ENTIRE AGREEMENT; MODIFICATION. 19 This Agreement constitutes the entire agreement and the understanding between the 20 parties, and supercedes any prior agreements and understandings relating to the subject manner 21 of this Agreement. This Agreement may be modified or amended only by a written instrument 22 executed by all parties to this Agreement. 23 24 25 26 27 28 6 VENDOR SERVICE AGREEMENT 1 FAIRVIEW FORD 2 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 3 4 date set forth below. 5 Dated: , 2010 Fairview Ford 6 By: 7 8 9 Dated 12010 CITY OF SAN BERNARDINO 10 By: Charles E. McNeely, City Manager 11 Approved as to Form: 12 13 Bq. �-�� � James F. Pe an, City Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 7 Attachment "1" RFQ F-10.15 iRKAMW PRICE FORM REQUEST FOR QUOTES: RFQ F-10-15 DESCRIPTION OF RFQ: Sewer Rodder Truck(RE-BID) COMPANY NAME - ` . 292 NORTH "G" STREEL ADDRESS: . AN BERNARDINO CA 9241 a PRINT NAME OF AUTHORIZED RE REPRESENTATIVE GJ Provide pricing that is a Firm Fixed Fee.to include transportation charges,orientation, and training UNIT FEE CJC7 Per Vehicle $39 / 2 502 rax Fes; _� �_ 9 %Sales Tax: $� THE f EE • $ Total: QM✓ : $ 4e0q �R+graDT6TAC. ,� a8,0583� CEi9C-kJ+ Are there any other addifional or incidental costs, which will be required by your m order to meet the requirements of the Technical Specifications? Yes/ N %a o (circle one). if you answered'Yes", please provide detail of said ditional costs: Please indicate any elements of the Technical Specifications that cannot be met by your fine. AA /Jff �CE JF� �� �6 �N,�S , ' a SACES 00 Attachment "2" RFQ F-Io-15 © Sewer Rodder Truck(RE-BID) PRICE FORM REQUEST FOR QUOTES: RFQ F-10-15 DESCRIPTION OF RFQ: Sewer Rodder Truck (RE-BID) COMPANY NAME Haaker Equipaent Company ADDRESS: 2070 N. White Avenue La Verne CA 91750 Bil I aker _ PRINT NAME OF AUTHORIZED / Bill Haaker REPRESENTATIVE Provide pricing that is aFirm Fixed Fee, to include transportation charges, orientation, and training UNIT FEE Per Vehicle $ 427,825.00 9 % Sales Tax: $ 38,501.25 Total: $_L11,321_21 ere any other additional or incidental costs, which will be required by your firm i order to meet the requirements of the Technical Specifications? Yes I N (circle one). If you answered "Yes", please provide detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. Spec 3.s proprietary to secondary manufacturer. We have done our hest to explain the material differences and how our unit will exceed your performance demands. �" 25