HomeMy WebLinkAbout05.W- Public Works RESOLUTION (ID #2934) DOC ID: 2934 D
! CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Tony Frossard M/CC Meeting Date: 04/07/2014
Prepared by: David Wixom, (909) 384-5220
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of a First Amendment to the Vendor Service Agreement Between Arata Equipment
Company and the City of San Bernardino and Authorizing the Increase to Annual Purchase
Order Number 2014-00000138 by $15,000 for a Total Amount Not to Exceed $90,000 to Arata
Equipment Company of San Carlos, CA for the Purchase of Truck Parts and Supplies. (#2934)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: $1,182,300
Account No. 635-400-0100-5111
Account Description: Materials and Supplies
Balance as of: March$185,332.77
Balance after approval of this item: $155,332.77
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
FY2005/2006 a sole source Annual Purchase Order was issued to Arata Equipment for$60,000.
April 17, 2006 the Mayor and Council approved an increase to the annual Purchase Order in the
amount of$40,000 for a total of$100,000.
April 16, 2007 the Mayor and Council approved an increase of$30,000 for a total not to exceed
$130,000.
FY2010/2011 a sole source Annual Purchase Order was issued to Arata Equipment for$75,000
with three (3) one year extensions.
Background:
The Fleet Division Maintains approximately 650 City Vehicles, including refuse trucks. The
Integrated Waste Management Division has thirty-nine automated side-loader refuse trucks that
have been in its fleet inventory since 2001. The thirty-nine trucks were manufactured by Labrie
Equipment of Quebec, Canada. Arata Equipment of San Carlos, California is the only authorized
dealer for Labrie truck parts and supplies in California making the company a sole source
Updated:4/3/2014 by Linda Sutherland D
2934
provider. Due to increasing age, and typical wear on the automated side loader trucks repairs are
becoming more frequent and requiring additional parts. These repairs are critical to the
Integrated Waste Management Division daily operational effectiveness and efficiency.
Staff is requesting an increase the current purchase order with Arata Equipment, for$15,000 for
a total amount not to exceed$90,000. Increasing the current purchase order will ensure seamless
repair to the current fleet of Labrie trucks and eliminates the immediate potential for service
disruptions.
City Attorney Review:
Supporting Documents:
reso 2934 (PDF)
agrmt 2934 (PDF)
Arata VSA (PDF)
Updated:4/3/2014 by Linda Sutherland D
1 RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE EXIECUTION OF A FIRST
4 AMENDMENT TO THE VENDOR SERVICE AGREEMENT BETWEEN ARATA
EQUIPMENT COMPANY AND THE CITY OF SAN BERNARDINO AND
5 AUTHORIZING THE INCREASE TO ANNUAL PURCHASE ORDER NUMBER
2014-00000138 BY $15,000 FOR A TOTAL AMOUNT NOT TO EXCEED $90,000 TO
6 ARATA EQUIPMENT COMPANY OF SAN CARLOS, CA FOR THE PURCHASE OF
TRUCK PARTS AND SUPPLIES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager is hereby authorized to execute a First Amendment
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11 to the Vendor Service Agreement between Arata Equipment Company and the City of San
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12 Bernardino, attached hereto as Exhibit"A"and incorporated herein.
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13 SECTION 2. The Director of Administrative Services is hereby authorized to
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increase annual purchase order number 2014-00000138 by $15,000.00 to Arata Equipment for a
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an amount not to exceed $90,000 for FY 2013/2014. c
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17 SECTION 3. The Purchase Order shall reference this Resolution Number and shall
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18 read, "P.O. 2014-00000138, not to exceed $90,000 for truck parts and equipment' N
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19 SECTION 4. The authorization to issue the above referenced Purchase Order is o
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20 rescinded if not issued within sixty days of the passage of this resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
AMENDMENT TO THE VENDOR SERVICE AGREEMENT BETWEEN ARATA
3 EQUIPMENT COMPANY AND THE CITY OF SAN BERNARDINO AND
4 AUTHORIZING THE INCREASE TO ANNUAL PURCHASE ORDER NUMBER
2014-00000138 BY $15,000 FOR A TOTAL AMOUNT NOT TO EXCEED $90,000 TO
5 ARATA EQUIPMENT COMPANY OF SAN CARLOS, CA FOR THE PURCHASE OF
TRUCK PARTS AND SUPPLIES.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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8 and Common Council of the City of San Bernardino at a meeting
9 thereof,held on the day of ,2014, by the following vote,to wit: c
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Council Members: AYES NAYS ABSTAIN ABSENT
11 MARQUEZ
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BARRIOS o
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15 SHORETT
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16 NICKEL a
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JOHNSON N
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MULVHILL M
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21 Georgeann Hanna, City Clerk
22 The foregoing resolution is hereby approved this day of , 2014. w
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R. CAREY DAVIS, Mayor
25 City of San Bernardino
26 Approved as to Form:
GARY D. SAENZ, City Attorney
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FIRST AMENDEMENT TO VENDOR SERVICE AGREEMENT BETWEEN ARATA
EQUIPMENT COMPANY AND THE CITY OF SAN BERNARDINO
This First Amendment to Vendor Service Agreement with Arata Equipment Company
is entered into this 7th day of April 2014, by and between Arata Equipment Company
("VENDOR") and the City of San Bernardino ("CITY" or"San Bernardino'). In consideration
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of the mutual covenants and conditions set forth herein, the parties agree as follows: a
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1. This Amendment is made with respect to the following facts and purposes: ~
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a. On August 16, 2010, the City and Vendor entered into that certain
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agreement entitled "Vendor Service Agreement" ("Agreement") for$75,000.00.
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2. Section 2 Compensation and Expenses of the Agreement is hereby amended to increase p
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the amount from$75,000.00 to an amount not to exceed $90,000.00.
Q3. Except for the changes specifically set forth herein, all other terms and conditions of the °'
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Agreement shall remain in full force and effect. Q
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FIRST AMENDEMENT TO VENDOR SERVICE AGREEMENT BETWEEN ARATA
EQUIPMENT COMPANY AND THE CITY OF SAN BERNARDINO
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 72014 VENDOR
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Dated: , 2014 CITY OF SAN BERNARDINO
By.
Allen J. Parker, City Manager 0`
Approved as to Form: N
Gary D. Saenz, City Attorney s
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OFF' �� 2 7�IC 2010-280
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1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 16th day of August 2010, by and
3 between Arata Equipment Co. ("VENDOR") and the City of San Bernardino ("CITY"or"San
4 Bernardino").
5 WITNESSETH:
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WHEREAS, the Mayor and Common Council has determined that it is advantageous
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and in the best interest of the CITY to purchase specific Labrie refuse equipment parts and
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9 supplies; and
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10 WHEREAS, Arata Equipment Co. is the authorized dealership that furnishes specific N
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11 Labrie equipment parts and supplies for refuse fleets and is therefore considered a sole source
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12 supplier; and
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13 WHEREAS, this purchase is exempt from the formal contract procedures of Section 0
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3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code "Purchases a
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16 approved by the Mayor and Common Council."
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17 NOW,THEREFORE,the parties hereto agree as follows:
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18 L SCOPE OF SERVICES.
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19 For the remuneration stipulated, San Bernardino hereby engages the services of >
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VENDOR to provide those products and services as set forth in this purchase agreement. Q
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2. COMPENSATION AND EXPENSES. E
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23 a. For the services delineated above, the CITY, upon presentation of an invoice, shall a
24 pay the VENDOR up to the amount of $75,000 for the purchase specific Labrie
25 refuse equipment parts and supplies. Pricing is cost plus 30% and is subject to the
26 current"stand alone parts program"listing at the time of purchase,Arata Equipment
27 Co. adjusts their prices annually in January.
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1 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
2 3. TERM; TERMINATION.
3 The term of this agreement shall be from August 16, 2010 through June 30,2011, with
4 three (3) one-year extensions at the City's option. Option year one, if exercised, shall be
5 effective July 1, 2011 through June 30, 2012. Option year two, if exercised, shall be effective
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July 1, 2012 through June 30, 2013. Option year three, if exercised, shall be effective July 1,
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8 2013 through June 30,2014.
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9' This Agreement may be terminated at any time by thirty (30) days' written notice by L
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10 either party. The terms of this Agreement shall remain in force unless amended by written 2
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11 agreement of the parties executed on or before the date of expiration of current term of the
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12 agreement. -
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4. INDEMNITY. a
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Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, a
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16 agents or representatives, free and harmless from all claims, actions, damages and liabilities of
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17 any kind and nature arising from bodily injury, including death, or property damage, based or
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18 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 2'
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19 subcontractors, relating to or in any way connected with the accomplishment of the work or >
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performance of service under this Agreement, unless the bodily injury or property damage was a
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actually caused by the sole negligence of the City, its elected officials, employees, agents or m
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representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its Q
24 own expense, including attorney's fees the City, its elected officials, employees, agents or
25 representatives from any and all legal actions based upon such actual or alleged acts or
26 omissions. Vendor hereby waives any and all rights to any types of express or implied
27 indemnity against the City, its elected officials, employees, agents or representatives, with
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2010-280
1 respect to third party claims against the Vendor relating to or in any way connected with the
2 accomplishment of the work or performance of services under this Agreement.
3 5. INSURANCE.
4 While not restricting or limiting the foregoing, during the term of this Agreement,
5 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
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liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
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8 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
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9 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
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10 additional named insured in each policy of insurance provided hereunder. The Certificate of N
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11 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
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termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any -aL
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13 change or termination of policy.
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6. NON-DISCRIIVIINATION. a
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16 In the performance of this Agreement and in the hiring and recruitment of employees, c
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17 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
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18 discrimination in employment of persons because of their race, religion, color, national origin,
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19 ancestry, age, mental or physical disability,medical conditions, marital status, sexual gender or >
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sexual orientation,or any other status protected by law. q
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7. INDEPENDENT CONTRACTOR.
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23 VENDOR shall perform work tasks provided by this Agreement, but for all intents and Mu
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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
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2010-280
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,
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qualifications,insurance and approval of whatever nature that are legally required of VENDOR
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$ to practice its business or profession.
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9 NOTICES.
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10 Any notices to be given pursuant to this Agreement shall be deposited with the United y
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11 States Postal Service,postage prepaid and addressed as follows:
12 TO THE CITY: Public Services Director
13 300 North"D" Street 0
San Bernardino,CA 92418
14 Telephone: (909)384-5140
15 TO THE VENDOR: Arata Equipment Co. CL
16 1160 Industrial Rd.#12
San Carlos, Ca 94070 a
17 Telephone: (650) 508-1010
Contact: Danny Arata
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9. ATTORNEYS' FEES. a
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20 In the event that litigation is brought by any party in connection with this Agreement,
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21 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
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22 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of a
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23 its rights or remedies hereunder or the enforcement of any of the terms, conditions or Q
24 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
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26 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
27 fees"for the purposes of this paragraph.
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1 10. ASSIGNMENT.
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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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of VENDOR's obligation to perform all other obligations to be performed by VENDOR Y
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9 hereunder for the term of this-Agreement.
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10 11. VENUE. y
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 -a
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13 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 'S
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mandatory and not permissive in nature.
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17 12. GOVERNING LAW.
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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 a
21 and their respective heirs,representatives, successors, and assigns.
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14. HEADINGS.
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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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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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8 16. ENTIRE AGREEMENT; MODIFICATION. L
9 This Agreement constitutes the entire agreement and the understanding between the
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parties, and supercedes any prior agreements and understandings relating to the subject manner m
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12 of this Agreement. This Agreement may be modified or amended only by a written instrument
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13 executed by all parties to this Agreement. o
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VENDOR SERVICE AGREEMENT
1 ARATA EQUIPMENT CO.
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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: 0 ,2010 ARAT UIP O.
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9 Dated ,2010 CITY AN BE A DINO °
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Approved as to Form: a)
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By:
14 Jam �.Penman,City Attorney
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