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RESOLUTION (ID#3117) DOC 1D: 3117
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
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 Vendor Service Agreement and an Increase to Purchase Order No. 2014-201 in
the Amount of$19,000 for a Total Not to Exceed $30,000 to Haaker Equipment Company for
Specific Elgin and Schwarze Parts and Service to Support the City's Vactors and Sweeper Fleet.
(#3117)
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: May 19,2014 $24,608.16
Balance after approval of this item: $5,608.16
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:
None.
Background:
Haaker Equipment Company is the West Coast Distributor for Elgin Street Sweepers and Vactor
Sewer Cleaning Truck parts and services.
Haaker Equipment Company has been a Sole Source Vendor for the past eight years for parts
and services but has not had an annual purchase order requiring Council approval because the
total amount was low ($11,000).
High usage of the sweepers and Vactors is necessary to uphold State and Federal regulations for
maintaining clean sewers, storm drains and keeping City streets clean. The vehicles require
regular maintenance, repairs and replacement parts. This year, the pump on a Vactor truck went
out and the repair cost was large requiring an increase to the purchase order. Fleet is requesting
an increase to the Haaker Equipment Company Annual Purchase Order No. 2014-201 by
$19,000 from$11,000 to $30,000.
City Attorney Review:
Updated: 5/28/2014 by Linda Sutherland Packet Pg. 172
3117
Supporting Documents:
reso 3117 (PDF)
agrmt 3117 (PDF)
II,
Updated:5/28/2014 by Linda Sutherland
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I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORZING THE EXECUTION OF A VENDOR
3 SERVICE AGREEMENT AND AN INCREASE TO PURCHASE ORDER NO. 2014-
4 201 IN THE AMOUNT OF $19,000 FOR A TOTAL NOT TO EXCEED $30,000 TO
HAAKER EQUIPMENT COMPANY FOR SPECIFIC ELGIN AND SCHWARZE
5 PARTS AND SERVICE TO SUPPORT THE CITY'S VACTORS AND SWEEPER
FLEET.
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7 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: c
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SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
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10 to execute on behalf of said City an Agreement between the City of San Bernardino and
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11 Haaker Equipment Company, a copy of which is attached hereto marked as Exhibit "A" and o
12 incorporated herein by this reference as though fully set forth at length.
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13 SECTION 2. That pursuant to this determination the Director of Administrative
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Services or his designee is hereby authorized to issue an increase to Annual Purchase Order a
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No. 2014-201 from $19,000 to $30,000. This policy shall take effect immediately upon
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17 adoption of this Resolution.
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Packet Pg. 174
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORZING THE EXECUTION OF A VENDOR SERVICE
2 AGREEMENT AND AN INCREASE TO PURCHASE ORDER NO. 2014-201 IN THE
AMOUNT OF $19,000 FOR A TOTAL NOT TO EXCEED $30,000 TO HAAKER
3 EQUIPMENT COMPANY FOR SPECIFIC ELGIN AND SCHWARZE PARTS AND
4 SERVICE TO SUPPORT THE CITY'S VACTORS AND SWEEPER FLEET.
5 1 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
7 thereof, held on the day of , 2014, by the following vote, to wit: v
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9 Council Members: AYES NAYS ABSTAIN ABSENT C
10 MARQUEZ
11 JENKINS o
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12 VALDIVIA
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SHORETT o
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NICKEL a.
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16 JOHNSON
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17 MULVHILL
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Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of , 2014.
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23 R. CAREY DAVIS, Mayor
24 City of San Bernardino
25 Approved as to form:
GARY D. SAENZ, City Attorney
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27 By. '�
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Packet Pg. 175
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND HAAKER EQUIPMENT COMPANY FOR STREET SWEEPER AND VACTOR
TRUCK PARTS AND SERVICE
This Vendor Service Agreement is entered into this 2nd day of June 2014, by an
between Haaker Equipment Company ("VENDOR") and the City of Sa
Bernardino ("CITY"or"San Bernardino").
WITNESSETH:
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WHEREAS, the City of San Bernardino has determined that it is advantageous and ii i
the best interest of the CITY to contract for Elgin and Schwarze street sweeper and Vacto `L'
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sewer/storm drain vacuum truck parts and service i
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NOW,THEREFORE, the parties hereto agree as follows: I-
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1. SCOPE OF SERVICES. 0
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For the remuneration stipulated, CITY hereby engages the services of VENDOR tc
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provide those products and services as set forth on Exhibit "A," attached hereto anc
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incorporated herein. a
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2. COMPENSATION AND EXPENSES. M
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a. For the services delineated above, the CITY, upon presentation of an invoice, shall M
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pay the VENDOR up to an amount not to exceed$30,000. 0)
b. No other expenditures made by VENDOR shall be reimbursed by CITY. E
3. TERM; TERMINATION. o
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The term of this Agreement shall be for a period of one year. This agreement shall
continue thereafter on a yearly basis unless terminated by either party with thirty (30) days
written notice. Except as otherwise provided in an Order Form, this Agreement becomes
effective on the date the Agreement is accepted.
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This Agreement may be terminated at any time by thirty (30) days written notice b
either party. The terms of this Agreement shall remain in force unless mutually amended.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, losses, damages and/or liability resulting fron
CITY's negligent acts or omissions arising from the CITY's performance of its obligation
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under the Agreement. a
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, an( `L'
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volunteers from any and all claims, actions, losses, damages and/or liability resulting from
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VENDOR's negligent acts or omissions arising from the VENDOR's performance of it, a
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obligations under the Agreement. o
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In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
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claim, action, loss, or damage which results from their respective obligations under the 3
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Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this a
comparative fault. M
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5. INSURANCE.
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While not restricting or limiting the foregoing, during the term of this Agreement, 5
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VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory w
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workers' compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
Packet Pg. 177
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in
discrimination in employment of persons because of their race, religion, color, national origin
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ancestry, age, mental or physical disability, medical condition, marital status, sexual gender o c.
sexual orientation, or any other status protected by law, except as permitted pursuant to Section w
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12940 of the California Government Code. c
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7. INDEPENDENT CONTRACTOR.
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and o
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purposes VENDOR shall be an independent contractor and not an agent or employee of the 2-
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of R
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Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Q
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Compensation, and other payroll deductions for VENDOR and its officers, agents, and M
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employees, and all business licenses, if any are required, in connection with the services to be M
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performed hereunder. ai
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration w
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certificate pursuant to Chapter S of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the Unite(
States Postal Service,postage prepaid and addressed as follows:
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TO THE CITY: Public Works Director U
City of San Bernardino
300 North"D" Street w
San Bernardino,CA 92418 4)
Telephone: (909) 384-5140 0
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TO THE VENDOR: Haaker Equipment Company .°
2070 N. White Avenue
La Verne, CA 91750 p
Telephone: (909) 598-2706 N
Contact: Randy Blackman
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10. ATTORNEYS' FEES E
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In the event that litigation is brought by any party in connection with this Agreement, I•
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
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its rights or remedies hereunder or the enforcement of any of the terms, conditions oz c
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provisions hereof. The costs, salary and expenses of the City Attorney and members of hi: E
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' Q
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
Packet Pg. 179
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written consent. Any attempted assignment, transfer, subletting or encumbrance shall be voi
and shall constitute a breach of this Agreement and cause for the termination of thi
Agreement. Regardless of CITY's consent,no subletting or assignment shall release VENDOl
of VENDOR's obligation to perform all other obligations to be performed by VENDOI
hereunder for the term of this Agreement.
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12. VENUE. U
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The parties hereto agree that all actions or proceedings arising in connection with thi w
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Agreement shall be tried and litigated either in the State courts located in the County of Sai
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Bernardino, State of California or the U.S. District Court for the Central District of California '2
Riverside Division. The aforementioned choice of venue is intended by the parties to be th, p
mandatory and not permissive in nature.
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13. GOVERNING LAW. a
This Agreement shall be governed by the laws of the State of California. a
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14. SUCCESSORS AND ASSIGNS. r
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This Agreement shall be binding on and inure to the benefit of the parties to thi;
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Agreement and their respective heirs,representatives, successors, and assigns. E
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15. HEADINGS.
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The subject headings of the sections of this Agreement are included for the purposes o
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convenience only and shall not affect the construction or the interpretation of any of it! Q
provisions.
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16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction t(
be invalid or unenforceable for any reason, such determination shall not affect the validity o
enforceability of the remaining terms and provisions hereof or of the offending provision in an)
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other circumstance, and the remaining provisions of this Agreement shall remain in full force a
and effect. w
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17. ENTIRE AGREEMENT; MODIFICATION.
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This Agreement constitutes the entire agreement and the understanding between the
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parties, and supersedes any prior agreements and understandings relating to the subject manner 0
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of this Agreement. This Agreement may be modified or amended only by a written instrument
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executed by all parties to this Agreement. .
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VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND HAAKER EQUIPMENT COMPANY FOR STREET SWEEPER AND VACTOR
TRUCK PARTS AND SERVICE
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the da
and date set forth below.
Dated: , 2014 HAAKER EQUIPMENT COMPANY 0
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By:
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Dated , 2014 CITY OF SAN BERNARDINO
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By:
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Allen J. Parker, City Manager
- Approved as to Form: a
Gary D. Saenz, City Attorney
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By:--
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