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RESOLUTION (ID#2554) DOC ID: 2554 C
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Tony Frossard M/CC Meeting Date: 07/01/2013
Prepared by: Leon E. Schrader, (909) 384-
5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of an Amendment to the Vendor Service Agreement with Fleet Pride Extending the
Agreement by Four Months to October 31, 2013, and Increasing Purchase Order No. 2013-
00000105 by $30,000 for the Purchase of Various Related Parts and Supplies in Fy 2013/14,
Pursuant to Section 3.04.010 B-3 of the Municipal Code. (#2554)
Current Business Registration Certificate: No
Financial Impact:
This 4-month extension will allow time for the formal bid process through the Purchasing
Division. Requested 4-month extension budget for FY 2013/14 for Fleet Pride in the amount of
$30,000.
Account No. 635-400-0100-5113
Budgeted amount for FY 13/14: $2,540,000
Account Description: Motor Fuel and Lubricants
Balance after approval of this item: $2,510,000
Please note this balance does not indicate available funding. It does not include non-encumbered
reccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
10/18/10 The Mayor and Common Council authorized Resolution No. 2010-349 and issuance
of Purchase Order not to exceed $110,000 to Fleet Pride for the purchase of heavy-
duty vehicle brake work, including the purchase of various related parts and supplies.
Backp_round•
The Fleet Division is requesting to extend the terms and conditions of Purchase Order 2013-
00000105 with Fleet Pride for a period of four months for FY 2013/14. This extension from July
1, 2013 through October 31, 2013 is needed so the City will have an adequate amount of heavy
duty brake components while the comprehensive bid specifications can be developed. This four
month extension will also allow time for the formal bid process through the Purchasing Division.
The Fleet Division is requesting to exercise a four month extension in the amount of$30,000.00
for FY 2013/14. The City is currently in its last renewal year option with The Fleet Division
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Updated:6/25/2013 by Richard D.Luczak C Packet Pg.292
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2554
purchases heavy-duty brake components utilized by the Public Works Department on all refuse
trucks and all medium and heavy duty applications.
City Attorney Review:
SupportinL Documents:
reso 2554 (PDF)
agrmt 2554 (PDF)
Attachment 1 -V SA No. 2010-349 (PDF)
Updated:6/25/2013 by Richard D.Luczak C Packet Pg. 293
RESOLUTION NO.
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT
3 TO THE VENDOR SERVICE AGREEMENT WITH FLEET PRIDE EXTENDING
4 THE AGREEMENT BY FOUR MONTHS TO OCTOBER 31, 2013, AND
INCREASING PURCHASE ORDER NO. 2013-00000105 BY $30,000 FOR THE
5 PURCHASE OF VARIOUS RELATED PARTS AND SUPPLIES IN FY 2013/14,
PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE.
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WHEREAS, the Fleet Division is requesting an amendment to the Vendor Service 0
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8 Agreement and extension for four months in the amount of $30,000 to Contract Purchase
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9 Order No. 2013-00000105 in order to purchase heavy duty vehicle brake work, including the o
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10 purchase of various related parts and supplies in FY 2013/14 E
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11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE a
12 CITY OF SAN BERNARDINO AS FOLLOWS:
13 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to w
14 execute on behalf of said City Amendment No. 1 to the Vendor Service Agreement between N
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the City of San Bernardino and Fleet Pride, a copy of which is attached hereto, marked =
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17 Exhibit"A" and incorporated herein by reference as fully as though set forth at length.
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18 SECTION 2. The Mayor and Common Council hereby authorize the Director of LO
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19 Finance or his/her designee to extend Contract Purchase Order No. 2013-00000105 from July d
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20 1, 2013, until October 31, 2013, for a total not-to-exceed amount of$30,000 for the purchase
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of heavy duty vehicle brake work, including the purchase of various related parts and r
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23 supplies.
24 SECTION 3. This purchase is exempt from the formal contract procedures of Section
25 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code "Purchases
26 approved by the Mayor and Common Council."
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT
2 TO THE VENDOR SERVICE AGREEMENT WITH FLEET PRIDE EXTENDING
THE AGREEMENT BY FOUR MONTHS TO OCTOBER 31, 2013, AND
3 INCREASING PURCHASE ORDER NO. 2013-00000105 BY $30,000 FOR THE
4 PURCHASE OF VARIOUS RELATED PARTS AND SUPPLIES IN FY 2013/14,
PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE.
5 SECTION 4. The Contract Purchase Order shall reference this Resolution and shall
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read, "Fleet Pride for the purchase of heavy duty vehicle brake work, including the purchase IF
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8 of various related parts and supplies" and shall incorporate the terms and conditions of the
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10 SECTION 5. The authorization to execute the above-referenced Contract Purchase E
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11 Order and Agreement is rescinded if not issued within sixty (60) days of the passage of this a
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resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT
2 TO THE VENDOR SERVICE AGREEMENT WITH FLEET PRIDE EXTENDING
THE AGREEMENT BY FOUR MONTHS TO OCTOBER 31, 2013, AND
3 INCREASING PURCHASE ORDER NO. 2013-00000105 BY $30,000 FOR THE
4 PURCHASE OF VARIOUS RELATED PARTS AND SUPPLIES IN FY 2013/14,
PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE.
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a meeting thereof,held o
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8 on the day of , 2013,by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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11 MARQUEZ
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12 JENKINS
13 VALDIVIA w
14 SHORETT
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KELLEY
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JOHNSON >
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18 MCCAMMACK
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20 Georgeann Hanna, City Clerk
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21 The foregoing resolution is hereby approved this day of , 2013.
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24 Patrick J. Morris, Mayor
25 City of San Bernardino
Approv d as to Form:
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J s F. Penman, City Attorney
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EXHIBIT"A"
AMENDMENT NO. 1
TO VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND FLEET PRIDE
This AMENDMENT is made and entered into this day of ,
2013, by and between the CITY OF SAN BERNARDINO, California, a municipal
corporation,hereinafter referred to as the "City"and Fleet Pride,hereinafter referred to as
"Vendor."
WITNESSETH:
A. WHEREAS, on October 18, 2010, the Mayor and Common Council
adopted Resolution No. 2010-349 approving Vendor Service Agreement in the amount of a.
$110,000.00 for heavy duty vehicle brake work, including parts and supplies; and
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B. WHEREAS, the current expiration date is June 30 2013; and
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C. WHEREAS, the City and Vendor wish to extend the Vendor Service
Agreement for an additional four(4)months;
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NOW THEREFORE, the parties hereto agree as follows:
1. Section 2 "Compensation" of said Vendor Service Agreement is amended to add the w
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A. The compensation to Vendor is hereby increased by$30,000. N
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B. The total not-to-exceed compensation to date for this Vendor Service Agreement is
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as follows:
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Description Amount `°
Original Agreement $ 110,000.00 a
Amendment No. 1 $ 30,000.00
Total $ 140,000.00
2. Section 3 of said Vendor Service Agreement is amended to add the following: "The
term of this Agreement is hereby extended to October 31, 2013, unless terminated
earlier as provided in the original Agreement."
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Amendment No. 1 to Vendor Service Agreement with Fleet Pride
3. All other terms and conditions of said Vendor Service Agreement as amended
approved by Resolution No. 2010-349 shall remain unchanged.
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Amendment No. 1 to Vendor Service Agreement with Fleet Pride
AMENDMENT NO. 1
TO VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND FLEET PRIDE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first shown above.
CITY OF SAN BERNARDINO FLEET PRIDE
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by: by: a
Allen Parker, City Manager Signature a
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Print Name/Title a
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ATTEST:
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Georgeann Hanna, City Clerk '"
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Approved as to form: N
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James F. Penman
City Attorney
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By: a
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ATTACHMENT
2010-349
VENDOR SERVICE AGREEMENT
1
2 This Vendor Service Agreement is entered into this 18"' day of October 2010, by and
3 between Fleet Pride ("VENDOR") and the City of San Bernardino ("CITY" or "San
4 Bernardino").
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5 WITNESSETH: a
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WHEREAS, the Mayor and Common Council has determined that it is advantageous w
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8 and in the best interest of the CITY to purchase heavy-duty vehicle brake work, including
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purchase of various related parts and supplies;and
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10 WHEREAS, the City of San Bernardino did solicit and accept bids from available r
of various
11 vendors for the purchase heavy-duty vehicle brake work, including the purcha se x
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1 related parts and supplies per RFQ F-11-05; and
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s follows:
NOW,THEREFORE,the parties hereto agree a
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1. SCOPE OF SERVICES. °
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For the remuneration stipulated, San Bernardino hereby engages the services of c
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17 VENDOR to provide those products and services as set forth in RFQ F-11-05, for heavy-duty >
18 vehicle brake work, including the purchase of various related parts and supplies, bid summary
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19 sheet attached hereto as Attachment"1"and incorporated herein by this reference.
20 2. COMPENSATION AND EXPENSES. a
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a. For the services delineated above, the CITY, upon presentation of an invoice, shall E
pay the VENDOR up to the amount of$110,000 for heavy duty vehicle brake work,
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24 including the purchase of various related parts and supplies at the rate per the price
25 form in Attachment"1."
26 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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2010-349
1 3. TERM; TERMINATION.
2 The term of this agreement shall be from October 18, 2010 through June 30, 2011, with
3 two (2) one-year extensions at the City's option. Option year one, if exercised, shalt be
4 effective July 1, 2011 through June 30, 2012. Option year two, if exercised, shall be effective
5 July 1,2012 through June 30, 2013.
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This Agreement may be terminated at any time by thirty (30) days' written notice by
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8 either party. The terms of this Agreement shall remain in force unless amended by written
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9 agreement of the parties executed on or before the date of expiration of current term of the E
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10 agreement. a
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11 4. INDEMNITY.
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Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
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agents or representatives, free and harmless from all claims, actions, damages and liabilities of
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any kind and nature arising from bodily injury, including death, or property damage, based or c
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asserted upon any or alleged act or omission of Vendor, its employees, agents, or o
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17 subcontractors, relating to or in any way connected with the accomplishment of the work or N
18 performance of service under this Agreement, unless the bodily injury or property damage was
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19 actually caused by the sole negligence of the City, its elected officials, employees, agents or E
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20 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its a
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own expense, including attorney's fees the City, its elected officials, employees, agents or
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23 representatives from any and all legal actions based upon such actual or alleged acts or
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24 omissions. Vendor hereby waives any and all rights to any types of express or implied
25 indemnity against the City, its elected officials, employees, agents or representatives, with
26 respect to third party claims against the Vendor relating to or in any way connected with the
27 accomplishment of the work or performance of services under this Agreement.
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2010-349
1 5. INSURANCE.
2 While not restricting or limiting the foregoing, during the term of this Agreement,
3 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
4 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
5 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an d
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additional named insured in each policy of insurance provided hereunder. The Certificate of
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9 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or E
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10 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any a
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11 change or termination of policy. x
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12 6. NON-DISCRIMINATION.
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In the performance of this Agreement and in the hiring and recruitment of employees,
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VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, o
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16 discrimination in employment of persons because of their race, religion, color, national origin, o
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17 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or U)
18 sexual orientation, or any other status protected by law.
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19 7. INDEPENDENT CONTRACTOR. E
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20 VENDOR shall perform work tasks provided by this Agreement, but for all intents and a
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21 purposes VENDOR shall be an independent contractor and not an agent or employee of the E
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23 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
24 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
25 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
26 employees, and all business licenses, if any are required, in connection with the services to be
27 performed hereunder.
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2010-349
1 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
2 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
3 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
4 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
5 to practice its business or profession. 2
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NOTICES. d
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8 Any notices to be given pursuant to this Agreement shall be deposited with the United c
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9 States Postal Service,postage prepaid and addressed as follows: E
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10 TO THE CITY: Public Works Director
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300 North"D" Street
CA 92418
San Bernardino, �
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909 384-5140 x
Telephone:p ( )
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TO THE VENDOR: Fleet Pride
13 5751 East Santa Ana Street
14 Ontario, CA 91761 M
Telephone: (909)605-0677 c
15 Contact: Brad Segler N
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16 9. ATTORNEYS' FEES. Q
17 In the event that litigation is brought by any party in connection with this Agreement, Cn
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the prevailing party shall be entitled to recover from the opposing party all costs and expenses, E
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20 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of o
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21 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
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22 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
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23 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' a
24 fees"for the purposes of this paragraph.
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2010-349
1 10. ASSIGNMENT.
2 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
3 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
4 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
5 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
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8 *2 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
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9 hereunder for the term of this Agreement. E
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10 11. VENUE. Q
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11 The parties hereto agree that all actions or proceedings arising in connection with this
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Agreement shall be tried and litigated either in the State courts located in the County of San
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Bernardino, 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 c
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16 mandatory and not permissive in nature. °z
17 12. GOVERNING LAW. co
18 This Agreement shall be governed by the laws of the State of California.
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19 13. SUCCESSORS AND ASSIGNS.
20 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement Q
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and their respective heirs,representatives, successors, and assigns. E
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14. HEADINGS. w
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24 The subject headings of the sections of this Agreement are included for the purposes of
25 convenience only and shall not affect the construction or the interpretation of any of its
26 provisions.
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2010-349
1 15. SEVERABILITY.
2 If any provision of this Agreement is determined by a court of competent jurisdiction to
3 be invalid or unenforceable for any reason, such determination shall not affect the validity or
4 enforceability of the remaining terms and provisions hereof or of the offending provision in any
5 other circumstance, and the remaining provisions of this Agreement shall remain in full force
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and effect.
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16. ENTIRE AGREEMENT; MODIFICATION. °
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9 This Agreement constitutes the entire agreement and the understanding between the E
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10 parties, and supercedes any prior agreements and understandings relating to the subject manner a
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11 of this Agreement. This Agreement may be modified or amended only by a written instrument U
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executed by all parties to this Agreement.
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2010-349
1 VENDOR SERVICE AGREEMENT
FLEET PRIDE
2
3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
4 date set forth below.
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6 Dated: OCL'?- 7 '2010 Fleet Pri e a
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7 By: — o
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Dated c 2010 CITY SAN *Neel CI T
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11 Charles E. Mc ager
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12' Approved as to Form: �!!
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14 Jamy t torney
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BID SUMMARY SHEET 3:09 PM,PST a
FLEET RFQ F-11-05
ITEMS/CATEGORY VENDORS W
DESCRIPTION, r .: ;:; 1 : 2 3 u.
,::. :,
HEAVY DUTY BRAKEtGEAR WORK&BRAKE PARTS FLEET PRIDE NEW LEGACY O
ONTARIO,CA FONTANA,CA �'
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1 Quote two 2 axle brake jobs to include parts&labor for:
a.z Au#ocar-With Ex Tess Br kes � �'"'�"'�'�` 7•
4)Drums 899966 TO EL&E
8 Shoes X25GRA4707 � Q
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8 Lining XFM25GA4707 r -to
(4)Springs Kits-..Hardware Kit $ 1.555.52 .2 109.00 x
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b: Volvo
(4)Drums(new)89996B LO
8 Relined shoes 4311E w/ remium non-asbestos linin
(4)Spring kits E-1887AHb �
Mount new drums,turn brake face&arc shoes to drums. $ 951.20 o
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II•Quote suspension parts only:. c
$
a.Front leafs ring 96952{each} 329.57 / 0 .00 N
b.Spring han er bracket 3381136(each} $ 65.18 O
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11 Quote`part only: Q
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a.Rebuilt sweeper differential H350 2 speed 9-35IA73867 each 3,73 .0 00 >
III Option-Quote part only*
a.Rebuilt steering ear box
631.75 .� O o.
1. HFB70131X(each) E
2.HFB52015 each 473.81 0.
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Local Vendor or N
Less 5% CD
TOTAL
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Opened and announced by ��_ 77: orded by. S. Londean
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