HomeMy WebLinkAbout20- Public Works ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director of Subject: Resolution of the Mayor and
Public Works Common Council of the City of San
Bernardino authorizing the execution of an
Dept: Public Works-Integrated Waste Agreement and issuance of a Purchase Order
Management Division in the amount of $35,124.12 to Alden Fleet
Solutions, Inc. for GPS tracking system
Date: March 1, 2011 services to be utilized by the Public Works
Department, Integrated Waste Management
Division.
Meeting date: March 7, 2011
Synopsis of Previous Council Action:
Recommended motion:
1. Authorize the Finance Director to amend the FY 10/11 IWM Budget and transfer $35,200 from
Account No. 527-400-5181-0000-0001 to Account No. 527-400-5112-0000-0001.
2. Adopt Resolution.
-77
Signature
Contact person: James Keezell, IWM Division Manager Phone: 384-7213
Supporting data attached: Staff Report, Resolution, Vendor Service
Agreement and Attachment"1" Ward: All
FUNDING REQUIREMENTS: Amount: $35,124.12
Source: (Acct. Nos.) 527-400-5112-0000-0001
Acct. Description: Small Tools and Equipment
Finance:
Council Notes:
Agenda Item No. �D
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 $35,124.12 to Alden
Fleet Solutions, Inc. for GPS tracking system services to be utilized by the Public Works Department,
Integrated Waste Management Division.
Background:
In May 2008, R3 Consulting Group (R3) provided a Business Plan for the Integrated Waste
Management Division (IWMD) to the Mayor and Common Council. This plan included 90
recommendations that were suggested for implementation. In 2009, the City contracted with Matrix
Consulting Group (Matrix) to conduct a management study of the IWMD and the Business Plan that
was completed by R3. The study involved a comprehensive organization and management analysis of
IWMD operations, service levels, management practices, and staffing levels. Matrix reviewed the plan
that was compiled by the R3 Consulting Group and concurred with the following recommendations:
• Recommendation 33 - Purchase and install GPS software and tracking devices for all
residential collection vehicles (automated side loader vehicles).
• Recommendation 48 - Purchase and install GPS software and tracking devices for all
commercial collection vehicles (front load vehicles).
• Recommendation 68 - Purchase and install GPS software and tracking devises for all temporary
collection vehicles (roll-off vehicles.)
Alden Fleet Solutions, Inc. is the current vendor that supplies the San Bernardino Municipal Water
Department (Water Department) with a GPS tracking system for its fleet. In order to streamline the
benefits of GPS tracking systems, staff recommends that the IWMD use the same vendor as the Water
Department to monitor and track City vehicles.
By installing GPS units on refuse vehicles, the IWMD will be able to use the GPS software to optimize
routes, which should lead to an overall reduction in the number of routes that are scheduled on a daily
basis. This will reduce fuel and maintenance costs. In addition, IWMD supervisors will be able to
locate any refuse vehicle at any given time in order to determine which vehicle is the closest to any
given customer for additional services such as additional pickups, misses and/or roll-off services.
Most importantly, the GPS tracking system will improve safety to all drivers. All GPS units will
provide tracking services 24-hours a day to determine vehicle locations and provide aid if a vehicle is
stolen or involved in an accident.
The cost to purchase the GPS units will be approximately $24,485.00 (this is a one time cost) and the
ongoing yearly network fee will be $24,890.04 for all 83 refuse vehicles (approximately $2,074.17 per
month). There will be no additional charge for installation of the units. The Water Department has
committed to install the units free of charge. The following is a breakdown of the cost:
Purchase and install GPS units: $24,485.00
Network fee for March, April, May and June of 2011: $ 8,296.68
Shipping: $ 200.00
Sales Tax: $ 2,142.44
Total for FY 10-11: $35,124.12
Ongoing yearly network fee: $24,890.04
1
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Staff Report- Continued
Staff recommends that the Mayor and Common Council authorize the execution of an agreement and
issuance of a purchase order in the amount of $35,124.12 to Alden Fleet Solutions, Inc. for GPS
tracking system services. Since the IWMD will be using the same vendor as the Water Department,
this purchase is exempt from the formal contract procedures of Section 3.04.010 of the Municipal
Code, pursuant to Section 3.04.010. B.3 of said Code, "Purchases approved by the Mayor and
Common Council." The term of this agreement shall be from March 7, 2011 through June 30, 2011,
with four one-year extensions at the City's option.
Financial Impact:
There will be no impact to the General Fund. Funds are available in the FY 10-11 Integrated Waste
Management Division Budget Accounts, (Account Number 527-400-5112-0000-0001) Small Tools
and equipment in the amount $35,124.12.
Account Number: 527-400-5112-0000-0001 Budgeted Amount: $2,000
Balance as of March 1, 2011: $977 Balance after approval of this item: $977
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:
1. Authorize the Finance Director to amend the FY 10/11 IWM Budget and transfer $35,200 from
Account No. 527-400-5181-0000-0001 to Account No. 527-400-5112-0000-0001.
2. Adopt Resolution.
2
o ®
RESOLUTION NO.
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $35,124.12 TO
ALDEN FLEET SOLUTIONS, INC. FOR GPS TRACKING SYSTEM SERVICES TO
4 BE UTILIZED BY THE PUBLIC WORKS DEPARTMENT, INTEGRATED WASTE
5 MANAGEMENT DIVISION.
6 WHEREAS,Alden Fleet Solutions, Inc. is the current vendor that supplies the San
7 Bernardino Municipal Water Department with a GPS tracking system for its fleet; and;
8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
9 CITY OF SAN BERNARDINO AS FOLLOWS:
10 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to
11 execute on behalf of said City an Agreement between the City of San Bernardino and Alden
12
Fleet Solutions, Inc., a copy of which is attached hereto, marked as Exhibit "A", and
13
14 incorporated herein by this reference as fully as though set forth at length.
15 SECTION 2. That this purchase is exempt from the formal contract procedures of
16 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code,
17 "Purchases approved by the Mayor and Common Council."
18 SECTION 3. That pursuant to this determination the Director of Finance or her
19 designee is hereby authorized to issue a Purchase Order to Alden Fleet Solutions, Inc. in the
20
amount of$35,124.12 for FY 10-11. The ongoing yearly network fee will be$24,890.04 for all
21
22 83 refuse vehicles.
23 SECTION 4. The Purchase Order shall reference this Resolution Number and shall
24 read, "Alden Fleet Solutions, Inc. for GPS tracking system services. Agreement not to exceed
25 $35,124.12" and shall incorporate the terms and conditions of the agreement.
26
28 HI
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $35,124.12 TO
ALDEN FLEET SOLUTIONS, INC. FOR GPS TRACKING SYSTEM SERVICES TO
3 BE UTILIZED BY THE PUBLIC WORKS DEPARTMENT, INTEGRATED WASTE
MANAGEMENT DIVISION.
4
5 I
SECTION 5. The authorization to execute the above referenced Purchase Order and
6
Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
7
8 passage of this resolution.
9
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $35,124.12 TO
ALDEN FLEET SOLUTIONS, INC. FOR GPS TRACKING SYSTEM SERVICES TO
3 BE UTILIZED BY THE PUBLIC WORKS DEPARTMENT, INTEGRATED WASTE
MANAGEMENT DIVISION.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a meeting thereof, held
7 on the day of , 2011,by the following vote,to wit:
8
9
Council Members: AYES NAYS ABSTAIN ABSENT
10
11 MARQUEZ
12 VACANT
13 BRINKER
14 SHORETT
15 KELLEY
16
JOHNSON
17
MCCAMMACK
18
19
20
Rachel G. Clark, City Clerk
21
The foregoing resolution is hereby approved this day of ,
2011.
23
24 Patrick J. Morris,Mayor
City of San Bernardino
25 Approved as to Form:
26 By .
27 es F. Penman, City Attorney
28
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 7`b day of March 2011, by and
("VENDOR") and the City of San Bernardino ("CITY" or
3 between Alden Fleet Solutions, Inc. ( ) Y
4 "San Bernardino").
5 WITNESSETH:
6
WHEREAS, the Mayor and Common Council has determined that it is advantageous
7
8 and in the best interest of the CITY to contract for GPS tracking system services; and
9 WHEREAS, this purchase be exempt from the formal contract procedures of Section
10 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code, "Purchases
11 approved by the Mayor and Common Council;" and,
12 NOW,THEREFORE,the parties hereto agree as follows:
13
1. SCOPE OF SERVICES.
14
For the remuneration stipulated, San Bernardino hereby engages the services of
15
16 VENDOR to provide those products and services as set forth in Attachment "1 and
17 incorporated herein by this reference.
18 2. COMPENSATION AND EXPENSES.
19 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
20 pay the VENDOR up to the amount of$35,124.12 for GPS tracking system services
21
per Attachment "1." The cost to purchase and install the GPS units will be
22
23 approximately $24,485.00 (this is a one time cost) and the ongoing yearly network
24 fee will be $24,890.04 for all 83 refuse vehicles.
25 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
26
27
28 Exhibit"A"
I
1 3. TERM; TERMINATION.
2 The term of this agreement shall be from March 7, 2011 through June 30, 2011, with
3 four one-year extensions at the City's option. Option year one, if exercised, shall be effective
4 July 1, 2011 through June 30, 2012. Option year two, if exercised, shall be effective July 1,
5 2012 through June 30, 2013. Option year three, if exercised, shall be effective July 1, 2013
6
through June 30, 2014. Option year four, if exercised, shall be effective July 1, 2014 through
7
8 June 30, 2015.
9 This Agreement may be terminated at any time by thirty (30) days' written notice by
10 either party. The terms of this Agreement shall remain in force unless amended by written
11 agreement of the parties executed on or before the date of expiration of current term of the
12 agreement.
13
4. INDEMNITY.
14
Vendor shall defend, indemnify, and hold harmless the City, its officers, employees and
15
16 agents from any claims, demands, lawsuits, liabilities, judgments, or expenses, including
17 attorney's fees, damage to property or injuries to or death of any person or persons or
18 damages of any nature including, but not limited to, all civil claims or workers'
19 compensation claims, to the extent arising out of, pertaining to, or related to the negligence,
20 recklessness, or willful misconduct of Vendor, its employees, agents or subcontractors in
21
the performance of this Agreement, except that such duty to defend, indemnify, and hold
22
harmless shall not apply to the extent where injury to person or property is caused by City's
23
24 negligence, recklessness or willful misconduct. Vendor hereby waives any and all rights to
25 any types of express or implied indemnity against the City, its elected officials, employees,
26 agents or representatives, with respect to third party claims against the Vendor relating to or
27
28 Exhibit"A"
2
1
in any way connected with the accomplishment of the work or performance of services
2 under this Agreement.
3 5. INSURANCE.
4 While not restricting or limiting the foregoing, during the term of this Agreement,
5 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
6
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
7
8 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
9 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 furnished to the CITY shall require the insurer to notify CITY of any change or
12 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
13
change or termination of policy.
14
6. NON-DISCRIMINATION.
15
16 In the performance of this Agreement and in the hiring and recruitment of employees,
17 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
18 discrimination in employment of persons because of their race, religion, color, national origin,
19 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
20
sexual orientation, or any other status protected by law.
21
7. INDEPENDENT CONTRACTOR.
22
23 VENDOR shall perform work tasks provided by this Agreement, but for all intents and
24 purposes VENDOR shall be an independent contractor and not an agent or employee of the
25 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
26 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
27 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
28 Exhibit"A"
3
1
employees, and all business licenses, if any are 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
5 certificate pursuant to Chapter 5 of the,Municipal Code, and any other licenses, permits,
6
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
7
8 to practice its business or profession.
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 Works Director
13 300 North"D" Street
San Bernardino, CA 92418
14 Telephone: (909) 384-5140
15 TO THE VENDOR: Alden Fleet Solutions, Inc.
16 1248 Discovery Bay Dr.
Chula Vista, CA 91915
17 Telephone: (619) 806-0958
Contact: Omar Gonzalez
18
9. ATTORNEYS' FEES.
19
20 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,
22 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
23 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
24 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
25
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
26
27 fees" for the purposes of this paragraph.
28
Exhibit"A"
4
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
6
Agreement. Regardless of CITY's consent,no subletting or assignment shall release VENDOR
7
8 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
9 hereunder for the term of this Agreement.
10 11. VENUE.
11 The parties hereto agree that all actions or proceedings arising in connection with this
12 Agreement shall be tried and litigated either in the State courts located in the County of San
13
Bernardino, State of California or the U.S. District Court for the Central District of California,
14
Riverside Division. The aforementioned choice of venue is intended by the parties to be
15
16 mandatory and not permissive in nature.
17 12. GOVERNING LAW.
18 This Agreement shall be governed by the laws of the State of California.
19 13. SUCCESSORS AND ASSIGNS.
20
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
21
and their respective heirs, representatives, successors, and assigns.
22
23 14. HEADINGS.
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.
27
28 Exhibit"A"
5
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
6
and effect.
7
8 16. ENTIRE AGREEMENT; MODIFICATION.
9 This Agreement constitutes the entire agreement and the understanding between the
10 parties, and supercedes any prior agreements and understandings relating to the subject manner
11 of this Agreement. This Agreement may be modified or amended only by a written instrument
12 executed by all parties to this Agreement.
13
14
� 15
16 HI
17 ///
18 ///
19 ///
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HI
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25 ///
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27
28 Exhibit"A"
6
1 VENDOR SERVICE AGREEMENT
ALDEN FLEET SOLUTIONS,INC.
2
3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
4 date set forth below.
5
6 Dated: , 2011 Alden Fleet Solutions, Inc.
' 7 By: EXHH317' COI'Y
8 Name:
9 Title:
10
11 Dated , 2011 CITY OF SAN BERNARDINO
12 By: EX1II13IT COPY
13 Charles E. McNeely, City Manager
Approved as to Form:
14
15 By: 1,A11113IT ('OP)'
16 James F. Penman, City Attorney
17
18
19
20
21
22
23
24
25
26
27
28 Exhibit"A"
7
�1fa #ie*
ALDEN FLEET SOLUTIONS, Quote
' 1248 Discovery Bay Dr
Chula Vista,CA 91915 Date Quote#
10/26/2010 2007
Name/Address
City of San Bernardino Public Works Depar
Jim Keezell
Integrated Waste Division Manager
234 South Mt.View Ave
San Bernardino,CA 92408
Rep Project
OG
Description Qty Total
Netwokfleet GPS(Discounted by volume from$475.00) 83 24,485.00T
(39 sideloaders,18 front end loaders,12 roll-off,l rear loader,4 pickups,2 utility
vehicles,7 sweepers)
letworkfleet Wirelesses Service 83 @a 24.99(Discounted by volume from 12 24,890.04
$29.99) $2,074.17 (12 month service)
1 200.00
CHANGE ORDER
October 26,2010
>Added 1 Shipping.(+$200.00)
Total change to estimate+$200.00
Sales Tax 2142.44
Thank you for your business.
Total $51,717.48
VENDOR SERVICE AGREEMENT.
1
2 This Vendor Service Agreement is entered into this 7th day of March 2011, by and
3 between Alden Fleet Solutions, Inc. ("VENDOR") and the City of San Bernardino ("CITY" or
4 "San Bernardino").
5 WITNESSETH:
6
WHEREAS, the Mayor and Common Council has determined that it is advantageous
7
8 and in the best interest of the CITY to contract for GPS tracking system services; and
9 WHEREAS, this purchase be exempt from the formal contract procedures of Section
10 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code, "Purchases
11 approved by the Mayor and Common Council;"and,
12 NOW, THEREFORE,the parties hereto agree as follows:
13
1. SCOPE OF SERVICES.
14
For the remuneration stipulated, San Bernardino hereby engages the services of
15
16 VENDOR to provide those products and services as set forth in Attachment "1 and
17 incorporated herein by this reference.
18 2. COMPENSATION AND EXPENSES.
19 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
20 pay the VENDOR up to the amount of$35,124.12 for GPS tracking system services
21
per Attachment "1." The cost to purchase and install the GPS units will be
22
23 approximately $24,485.00 (this is a one time cost) and the ongoing yearly network
24 fee will be $24,890.04 for all 83 refuse vehicles.
25 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
26
27
28
1
1
3. TERM; TERMINATION.
2 The term of this agreement shall be from March 7, 2011 through June 30, 2011, with
3 four one-year extensions at the City's option. Option year one, if exercised, shall be effective
4 July 1, 2011 through June 30, 2012. Option year two, if exercised, shall be effective July 1,
5 2012 through June 30, 2013. Option year three, if exercised, shall be effective July 1, 2013
6
through June 30, 2014. Option year four, if exercised, shall be effective July 1, 2014 through
7
8 June 30, 2015.
9 This Agreement may be terminated at any time by thirty (30) days' written notice by
10 either party. The terms of this Agreement shall remain in force unless amended by written
11 agreement of the parties executed on or before the date of expiration of current term of the
12 agreement.
13
4. INDEMNITY.
14
Vendor shall defend, indemnify, and hold harmless the City, its officers, employees and
15
16 agents from any claims, demands, lawsuits, liabilities, judgments, or expenses, including
17 attorney's fees, damage to property or injuries to or death of any person or persons or
18 damages of any nature including, but not limited to, all civil claims or workers'
19 compensation claims, to the extent arising out of, pertaining to, or related to the negligence,
20 recklessness, or willful misconduct of Vendor, its employees, agents or subcontractors in
21
the performance of this Agreement, except that such duty to defend, indemnify, and hold
22
23 harmless shall not apply to the extent where injury to person or property is caused by City's
24 negligence, recklessness or willful misconduct. Vendor hereby waives any and all rights to
25 any types of express or implied indemnity against the City, its elected officials, employees,
26 agents or representatives, with respect to third party claims against the Vendor relating to or
27
28
2
3 , in any way connected with the accomplishment of the work or performance of services
1
2 under this Agreement.
i
3 5. INSURANCE.
4 While not restricting or limiting the foregoing, during the term of this Agreement,
5 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
6
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
7
8 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
9 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
i
10 additional named insured in each policy of insurance provided hereunder. The Certificate of
11 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
12 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
13 change or termination of policy.
14
6. NON-DISCRIMINATION.
i 15
i
16 In the performance of this Agreement and in the hiring and recruitment of employees,
17 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
18 discrimination in employment of persons because of their race, religion, color, national origin,
19 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
20
sexual orientation, or any other status protected by law.
21
7. INDEPENDENT CONTRACTOR.
22
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
23
24 purposes VENDOR shall be an independent contractor and not an agent or employee of the
s
25 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
I
26 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
27 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
Lr 28
3
1 employees, and all business licenses, if any are 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
5 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
6
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
7
8 to practice its business or profession.
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 Works Director
13 300 North"D" Street
San Bernardino, CA 92418
14 Telephone: (909) 384-5140
I
15 TO THE VENDOR: Alden Fleet Solutions, Inc.
16 1248 Discovery Bay Dr.
Chula Vista, CA 91915
17 Telephone: (619) 806-0958
Contact: Omar Gonzalez
18
t 9. ATTORNEYS' FEES.
19
2 20 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,
22 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
23 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
24 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
25
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
26
27 fees" for the purposes of this paragraph.
28
4
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
6
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
7
8 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
9 hereunder for the term of this Agreement.
10 11. VENUE.
11 The parties hereto agree that all actions or proceedings arising in connection with this
12 Agreement shall be tried and litigated either in the State courts located in the County of San
13
Bernardino, State of California or the U.S. District Court for the Central District of California,
14
Riverside Division. The aforementioned choice of venue is intended by the parties to be
15
16 mandatory and not permissive in nature.
17 12. GOVERNING LAW.
18 This Agreement shall be governed by the laws of the State of California.
19 13. SUCCESSORS AND ASSIGNS.
20 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
21
and their respective heirs,representatives, successors, and assigns.
22
23 14. HEADINGS.
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.
27
28
5
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
6
and effect.
7
8 16. ENTIRE AGREEMENT; MODIFICATION.
9 This Agreement constitutes the entire agreement and the understanding between the
10 parties, and supercedes any prior agreements and understandings relating to the subject manner
11 of this Agreement. This Agreement may be modified or amended only by a written instrument
12 executed by all parties to this Agreement.
13
14
15
I
16
17
18
4 19
20
21
22
23
///
24
25
26
27
28
�rr� 6
1 VENDOR SERVICE AGREEMENT
ALDEN FLEET SOLUTIONS, INC.
2
3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
4 date set forth below.
5
6 Dated: , 2011 Alden Fleet Solutions, Inc.
7 By:
8 Name:
9
Title:
10
11 Dated , 2011 CITY OF SAN BERNARDINO
12 By:
13 Charles E. McNeely, City Manager
Approved as to Form:
14
15 By:
16 James . Penman, City Attorney
17
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4444 MCA
I
MmINC.ALDEN FLEET SOLUTIONS, Q u Ote
1248 Discovery Bay Dr
Chula Vista,CA 91915 Date Quote#
10/26/2010 2007
Name/Address
City of San Bernardino Public Works Depar
Jim Keezell
Integrated Waste Division Manager
234 South Mt.View Ave
San Bernardino,CA 92408
Rep Project
OG
Description Qty Total
Netwokfleet GPS(Discounted by volume from$475.00) 83 24,485.00T
(39 sideloaders,18 front end loaders,12 roll-off,I rear loader,4 pickups,2 utility
vehicles,7 sweepers)
Networkfleet Wirelesses Service 83 @ 24.99(Discounted by volume from 12 24,890.04
29.99) $2,074.17 (12 month service)
1 200.00
--CHANGE ORDER
October 26,2010
>Added 1 Shipping.(+$200.00)
Total change to estimate+$200.00
Sales Tax 2,142.44
Thank you for your business.
Total $51,717.48
—7-77777 7777;
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