HomeMy WebLinkAbout05.H- Public Works 5.H
RESOLUTION (ID#3114) DOC ID: 3114 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Purchase Order
From: Tony Frossard M/CC Meeting Date: 06/02/2014
Prepared by: Adrienne Loa,
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 Stock All Services
and the City of San Bernardino and Authorizing the Increase to Annual Purchase Order No.
2014-00000132 by $10,000 for a Total Not to Exceed $58,000 to Stock All Services for the
Repair of Hydraulic Cylinders and Supplies. (#3114)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $479,900
Account No. 635-400-0100-5173
Account Description: Outside Vehicle Maintenance
Balance as of: $34,608.16 May 19, 2014
Balance after approval of this item: $24,608.16
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:
10/04/10 Resolution No. 2010-336 was approved, issuing an annual purchase order with the
three one-year extensions not to exceed$48,000 to Stock All Services.
Background:
The Public Works Department, Fleet Management Division is responsible for maintaining all
refuse trucks, backhoes, aerial lifts, and specialized equipment with numerous high-pressured
hydraulic cylinders and fitting. Residential refuse trucks require a single-stage packer to
continue operating.
There are two packer cylinders per residential refuse vehicle that compact the refuse in the body
of the truck. These packers should be repaired and/or adjusted once a year. Failure to replace or
repair these single-stage packers will jeopardize residential refuse service and cause detrimental
leakage of hydraulic fluid by these vehicles. Leakage of hydraulic fluid is in direct violation of
and prohibited by State mandates.
Staff is requesting the execution of a First Amendment to the Vendor Service Agreement
between Stock All Services and the City of San Bernardino and authorizing the increase to the
Updated: 5/28/2014 by Linda Sutherland A I Packet Pg. 160
3114
Annual Purchase Order No. 2014-132 by $10,000 not to exceed $58,000 for the repair of
hydraulic cylinders and supplies.
City Attorney Review:
Supporting Documents:
reso 3114 (PDF)
Stock All Srv. V.S.A. (PDF)
agrmt 3114 (PDF)
Updated: 5/28/2014 by Linda Sutherland A Packet Pg. 161
S.H.a
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
3 AMENDMENT TO THE VENDOR SERVICE AGREEMENT BETWEEN STOCK
4 ALL SERVICES AND THE CITY OF SAN BERNARDINO AND AUTHORIZING
THE INCREASE TO ANNUAL PURCHASE ORDER NO. 2014-00000132 BY $10,000
5 FOR A TOTAL NOT TO EXCEED $58,000 TO STOCK ALL SERVICES FOR THE N
REPAIR OF HYDRAULIC CYLINDERS AND SUPPLIES.
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7 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 v
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to the Vendor Service Agreement between Stock All Services and the City of San Bernardino, o
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11 attached hereto as Exhibit "A" and incorporated herein. o
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12 SECTION 2. The Director of Administrative Services is hereby authorized and -�
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13 directed to increase Purchase Order No. 2014-0000132 by $10,000 to Stock All Services for 00
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an amount not to exceed $58,000 for FY 2013/14. a
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SECTION 3. The Purchase Order shall reference this Resolution and shall read"P.O. _
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17 20014-0000132, not to exceed $58,000 for repair of hydraulic cylinders and supplies.
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18 SECTION 4. The authorization to execute the First Amendment to the Vendor c
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19 Service Agreement is rescinded if not signed and returned to the City Clerk within sixty days M
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of the passage of this resolution. r
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S.H.a L
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
3 AMENDMENT TO THE VENDOR SERVICE AGREEMENT BETWEEN STOCK
4 ALL SERVICES AND THE CITY OF SAN BERNARDINO AND AUTHORIZING
THE INCREASE TO ANNUAL PURCHASE ORDER NO. 2014-00000132 BY $10,000
$ FOR A TOTAL NOT TO EXCEED S58,000 TO STOCK ALL SERVICES FOR THE
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REPAIR OF HYDRAULIC CYLINDERS AND SUPPLIES.
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7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
8 and Common Council of the City of San Bernardino at a meeting
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9 thereof, held on the day of , 2014, by the following vote, to wit: 2
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Council Members: AYES NAYS ABSTAIN ABSENT =
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12 MARQUEZ
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13 BARRIOS
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14 VALDIVIA
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15 SHORETT
16 NICKEL
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JOHNSON
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19 MULVHILL r
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21 Georgeamn Hanna, City Clerk
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22 The foregoing resolution is hereby approved this day of , 2014.
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25 R. CARE-Y DAVIS, Mayor
City of Sari Bernardino
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Approved as to form:
27 GARY D. SAENZ, City Attorney
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2010-335 7
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VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 4th day of October 2010, by and
3 between Stock All Services ("VENDOR") and the City of San Bernardino ("CITY" or "San
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4 Bernardino"). a
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5 WITNESSETH:
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WHEREAS, the Mayor and Common Council has determined that it is advantageous tageous 5,
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8 and in the best interest of the CITY to contract for the repair of hydraulic cylinders and -2
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9 supplies;and _
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10 'WHEREAS, the City of San Bernardino did solicit and accept bids from available
11 vendors for the repair of hydraulic cylinders and supplies per RFQ-Q-10002; and O
12 NOW,THEREFORE,the parties hereto agree as follows:
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1. SCOPE OF SERVICES.
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For the remuneration stipulated, San Bernardino hereby engages the services of a
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16 VENDOR to provide those products and services as set forth in RFQ-Q-10002 for the repair of
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17 hydraulic cylinders and supplies, dated March 24, 2010, attached hereto as Attachment"2"and =
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18 incorporated herein by this reference.
19 2. COMPENSATION AND EXPENSES. a
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a. For the services delineated above, the CITY, upon presentation of an invoice, shall
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pay the VENDOR up to the amount of$48,000 for the repair of hydraulic cylinders a
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23 and supplies.
24 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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25 3. TERM; TERMINATION.
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26 The term of this agreement shall be from October 4, 2010 through June 30, 2011, with Q
27 three (3) one-year extensions at the City's option. Option year one, if exercised, shall be
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5.H.6
2010-336
e Jul 1 2011 through June 30, 2012. Option year two, if exercised, shall be effective
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2 July 1, 2012 through June 30, 2013. Option year three, if exercised, shall be effective July 1,
3 2013 through June 30,2014.
4 This Agreement may be terminated at any time by thirty (30) days' written notice by C
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5 either party. The terms of this Agreement shall remain in force unless amended by written
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agreement of the parties executed on or before the date of expiration of.current term of the
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8 agreement.
9 4. INDEMNITY. _
10 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
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11 agents or representatives, free and harmless from all claims, actions, damages and liabilities of O
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12 any kind and nature arising from bodily injury, including death, or property damage, based or M
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asserted upon any or alleged act or omission of Vendor, its dmployees, agents, or a.
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subcontractors, relating to or in any way connected with the accomplishment of the work or r-
16 performance of service under this Agreement, unless the bodily injury or property damage was d
17 actually caused by the sole negligence of the City, its elected officials, employees, agents or =
18 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its M
19 own expense, including attorney's fees the City, its elected officials, employees, agents or a
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representatives from any and all legal actions based upon such actual or alleged acts or
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omissions. Vendor hereby waives any and all rights to any types of express or implied
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23 indemnity against the City, its elected officials, employees, agents or representatives, with o
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24 respect to third party claims against the Vendor relating to or in any way connected with the
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25 accomplishment of the work or performance of services under this Agreement.
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2010-336
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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
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4 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
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worker's compensation coverage, and shall file copies of said policies with the CITY's Risk L
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
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8 additional named insured in each policy of insurance provided hereunder. The Certificate of 2
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9 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
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10 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any °
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11 change or termination of policy. O
12 (n 6. NON-DISCRIMINATION. v
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In the performance of this Agreement and in the hiring and recruitment of employees, a
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VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
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16 discrimination in employment of persons because of their race, religion, color,national origin,
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17 ancestry, age, mental or physical disability,medical conditions,marital status, sexual gender or =
18 sexual orientation,or any other status protected by law. M
19 7. INDEPENDENT CONTRACTOR. d
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20 VENDOR shall perform work tasks provided by this Agreement, but for all intents and
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purposes VENDOR shall be an independent contractor and not an agent or employee of the a
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of o
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24 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
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25 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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26 employees, and all business licenses, if any are required, in connection with the services to be Q
27 performed hereunder.
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2010-336
1 S. 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,
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4 qualifications,insurance and approval of whatever nature that are legally required of VENDOR 0
5 to practice its business or profession.
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NOTICES.
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$ Any notices to be given pursuant to this Agreement shall be deposited with the United
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9 States Postal Service,postage prepaid and addressed as follows:
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10 TO THE CITY: Public Works Director L
300 North"D" Street a
11 San Bernardino, CA 92418 O
12 Telephone: (909)384-5140
TO THE VENDOR: Stock All Services a
13 24756 Redlands Blvd.
0 14 Lorna Linda, CA 92354
Telephone: 1 (800)463-0383
15 Contact: Gary Stockman N
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9. ATTORNEYS' FEES.
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In the event that litigation is brought by any party in connection with this Agreement, �t
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19 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, a
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
21 its rights or remedies hereunder or the enforcement of any of the terms, conditions or Cn
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'
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fees"for the purposes of this paragraph.
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2010-336
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
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4 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void d
5 h of this Agreement and cause for the termination of this
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Agreement. Regardless of CITY'S consent,no sublett ing or assignment shall release VENDOR
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR 3
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9 hereunder for the term of this Agreement. _
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10 11. VENUE. L
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11 The parties hereto agree that all actions or proceedings arising in connection with this p`
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12 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, a
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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.
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17 12. GOVERNING LAW.
18 This Agreement shall be governed by the laws of the State of California. M
19 13. SUCCESSORS AND ASSIGNS. a
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This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
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and their respective heirs,representatives, successors, and assigns. Q
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23 14. HEADINGS. 2
r The subject headings of the sections of this Agreement are included for the purposes of r-
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25 convenience only and shall not affect the construction or the interpretation of any of its 0
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provisions.
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2010-336 7
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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
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4 enforceability of the remaining terms and provisions hereof or of the offending provision in any
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other circumstance, and the remaining provisions of this Agreement shall remain in full force L
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and effect.
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8 16. ENTIRE AGREEMENT; MODIFICATION.
9 This Agreement constitutes the entire agieement and the understanding between the =
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parties, and supercedes any prior agreements and understandings relating to the subject manner
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12 of this Agreement. This Agreement may be modified or amended only by a written instrument
13 executed by all parties to this Agreement.
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5.H.b
2010-336
VENDOR SERVICE AGREEMENT
1 STOCK ALL SERVICES
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3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the d and
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4 date set forth below. CL
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6 Dated:/0 "'Jopd 2010 StocAS '
7 By
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Dated /_: _, 2010 0
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B 11 l'. McNee y, City anager p
12 Approved as to Form: o
13 By: �,,,� � a.
14 Jame Penman,City Attorney
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1 FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT
WITH STOCK ALL SERVICES
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3 THIS FIRST AMENDMENT is made and entered into as of , 2014 by any
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between the CITY OF SAN BERNARDINO ("CITY") and STOCK ALL SERVICE.'
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5 ("VENDOR"). In consideration of the mutual covenants and conditions set forth herein, th,
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parties agree as follows: d
I. This Amendment is made with respect to the following facts and purposes: _
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a. On October 4, 2010, the City and Vendor entered into that certain agreemen U
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entitled "Vendor Service Agreement between the City of San Bernardino an(
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Stock All Services" ("Agreement") for$48,000.00. _
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2. Section 2 Compensation and Expenses of the Agreement is hereby amended to increasf
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the amount from $48,000.00 to an amount not to exceed $58,000.00.
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13 3. Except for the changes specifically set forth herein, all other terms and conditions o
the Agreement shall remain in full force and effect. a
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IN WITNESS THEREOF, the parties hereto have caused this First Amendment to N Q
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executed by and through their respective authorized officers, as of the date first above written.
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17 CITY OF SAN BERNARDINO, VENDOR
18 A Municipal Corporation STOCK ALL SERVICES
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By:
20 Allen Parker, City Manager
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22 APPROVED AS TO FORM: E
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Gary D. Saenz, City Attorney
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24 By:
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