HomeMy WebLinkAbout05.G- Public Works RESOLUTION (ID # 1524) DOC ID: 1524 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Nadeem Majaj M/CC Meeting Date: 02/06/2012
Prepared by: Leon E. Schrader, (909) 384-
5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of an Agreement and Issuance of a Purchase Order to Ironman Parts & Services of
Corona Pursuant to Section 3.04.010-133 of the Municipal Code for Four Diesel Particulate
Filters to be Installed on Four Public Works Department Operation & Maintenance Division
Trucks Pursuant to the California Air Resources Board(CARB)Regulations.
Financial Impact:
Account Budgeted Amount: $499,900
Account No. 635-400-0100-5173
Account Description: Outside Vehicle Maintenance
Balance as of 01/10/12: $337,904.32
Balance after approval of this item:$281,952.93
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 Resolution.
Synopsis of Previous Council Action:
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� May 16, 2011- Resolution 2011-16, the Mayor and Common Council approved an
Agreement with Ironman for the purchase and installation of particulate
filters.
Background:
On January 1, 2007 the California Air Resources Board "CARB" adopted "The Public Fleet
Rule" for on-road vehicles with 1960-2006 model-year medium heavy-duty or heavy heavy-duty
diesel fueled engines that have a manufacturer's gross vehicle weight rating greater than 14,000
lbs. be fitted with the "best available control technology." The vehicles are divided into three
groups by model year for implementation, group (1) 1960-1987, group (2) 1988-2002, and group
(3)2003-2006.
The City of San Bernardino must install particulate traps on four group (2) trucks to meet the
Updated:2/1/2012 by Mayra Ochiqui A
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requirement of 70 percent compliance and the deadline of December 31, 2011. The City is
currently in compliance with the implementation schedule for group's (1) and(3).
Fleet staff has negotiated with Ironman Parts & Services of Corona for the purchase and
installation of the four devices. Ironman Parts & Services is the same vendor that has supplied
and installed 65 devices on the Public Works trucks over the last six years. There are no local
vendors certified for purchase or installation of the required equipment. These four units could
not be purchased until the data logging process, needed to determine the type of device required
for compliance, was completed by Ironman Parts & Services. 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". It is
recommended that a Purchase Order be issued for a total amount of$55,951.39 to Ironman Parts
& Services.
City Attorney Review:
Supporting Documents:
reso 1524 (PDF)
Ironman 4 DPF's Memo 020612 (PDF)
VSA DPF 020612 (PDF)
Attachment 1 DPF 020612 (PDF)
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Updated:2/1/2012 by Mayra Ochiqui A
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RESOLUTION NO.
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 TO IRONMAN PARTS & SERVICES OF
CORONA PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE, FOR
k FOUR DIESEL PARTICULATE FILTERS TO BE INSTALLED ON FOUR PUBLIC
WORKS DEPARTMENT OPERATION & MAINTENANCE DIVISION TRUCKS
PURSUANT TO THE CALIFORNIA AIR RESOURCES BOARD (GARB)
REGULATIONS.
WHEREAS, Ironman Parts & Services was selected as a Sole Source, and there are no a
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local vendors certified to sell or install the required equipment.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE a
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to
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execute on behalf of said City an Agreement between the City of San Bernardino and Ironman U)
Parts & Services, a copy of which is attached hereto, marked as Exhibit "A", and incorporated
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herein by this reference as fully as though set forth at length.
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SECTION 2. This purchase is exempt from the formal contract procedures of Section
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3.04.010 of the Municipal Code, pursuant to Section 3.04.010. 13.3 of said Code "Purchases
approved by the Mayor and Common Council." LO
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SECTION 3.That pursuant to this determination the Director of Finance or his/her L
designee is hereby authorized to issue a Purchase Order to Ironman Parts &
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Services in the amount of$55,951.39 for the purchase and installation of four diesel U
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particulate filters.
SECTION 4. The Purchase Order shall reference this Resolution Number and shall
read, "Ironman Parts & Services for the purchase and installation of four (4) diesel particulate
filters. Agreement not to exceed $55,951.39"and shall incorporate the terms and conditions of
the Agreement.
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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 TO tRONMAN PARTS & SERVICES OF
CORONA PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE, FOR
FOUR DIESEL PARTICULATE FILTERS TO BE INSTALLED ON FOUR PUBLIC
WORKS DEPARTMENT OPERATION & MAINTENANCE DIVISION TRUCKS
PURSUANT TO THE CALIFORNIA AIR RESOURCES BOARD (GARB)
REGULATIONS.
SECTION 5. The authorization to execute the above referenced Purchase Order and
Agreement is rescinded if it is not executed by both parties within sixty (60) days of the a
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passage of this Resolution. L
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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 TO IRONMAN PARTS & SERVICES OF
CORONA PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE, FOR
FOUR DIESEL PARTICULATE FILTERS TO BE INSTALLED ON FOUR PUBLIC
WORKS DEPARTMENT OPERATION& MAINTENANCE DIVISION TRUCKS,PER
THE CALIFORNIA AIR RESOURCES BOARD(CARB) REGULATIONS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a meeting thereof, held
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on the day of ,2012,by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
e MARQUEZ
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JENKINS
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BRINKER a)
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SHORETT
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Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this day of
2012. E
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Patrick J. Morris, Mayor
Approved as to Form: City of San Bernardino
JAMES F. PENMAN, City Attorney
By: vW_�
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CITY OF SAN BERNARDINO Nadeem Majaj P.E.—DIRECTOR
PUBLIC WORKS DEPARTMENT 300 North `D"St,
San Bernardino,CA 92418-0
909.384.5
Sin Bernar ino
TO: Charles E. McNeely, City Manager
FROM: Nadeem Majaj, Director of Public Works o
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DATE: January 10, 2012
SUBJECT: City Manager's Approval of Process — Purchases made pursuant to
Section 3.04.010(B)(3) and Section 3.04.075 of the City's Municipal Code
(Purchases approved by the Mayor and Common Council and emergency
purchases approved by the City Manager). DDL Number 82. a
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Ironman Parts & Services was selected as a Sole Source for the following reasons:
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1. Ironman Parts& Services is the same vendor that has supplied and installed sixty-five r
(65) devices on the City Refuse trucks over the last six years. o
2. Ironman Parts & Services has worked with the City of San Bernardino for several �
years providing service for the City's Fleet Division and has proven to be reliable, N
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especially with the purchasing and installations of Diesel Particulate Filters. c
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3. There are no local vendors certified for purchase or installation of the required E
equipment. These four units could not be purchased until the data logging process,
needed to determine the type of device required for compliance, was completed by
Ironman Parts& Services. a.
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An agenda item entitled,"Resolution of the Mayor and Common Council of the City
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of San Bernardino Authorizing the Execution of an Agreement and Issuance of a =
Purchase Order to Ironman Parts& Services of Corona Pursuant to Section 3.04.010- °
B3 of the Municipal Code, for Four Diesel Particulate Filters to be Installed on Four
Public Works Department Operation&Maintenance Division Trucks, Per the
California Air Resources Board(CARE) Regulations,"has been submitted and
placed on the February 6, 2012 agenda calendar for review and approval.
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Nadeem Majaj
Director of Public Works
Approved By
Charles E. McNeely, City Manager
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1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 6th day of February
3 2012, by and between Ironman Parts & Services ("VENDOR") and the City of San
4 Bernardino ("CITY" or"San Bernardino").
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WITNESSETH:
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7 WHEREAS, the Mayor and Common Council has determined that it is advantageous o
8 an d in the best interest of the CITY to contract for the purchase and installation of four (4)
9 Diesel Particulate Filters on four(4) Operation&Maintenance Division trucks; and
10 WHEREAS,vendor is qualified to sell and install the required equipment; and U
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WHEREAS, there are no local vendors certified for the purchase or installation of the Z
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required equipment; °.
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14 NOW,THEREFORE,the parties hereto agree as follows:
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15 1. SCOPE OF SERVICES. o
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16 For the remuneration stipulated, San Bernardino hereby engages the services of 0
17 VENDOR to provide those products and services as set forth on Attachment "1" and
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incorporated herein. a
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20 2. COMPENSATION AND EXPENSES. En
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21 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
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22 pay the VENDOR up to the amount of$55,951.39 for the purchase and installation
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23 of four(4) Diesel Particulate Filters.
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b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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26 3. TERM; TERMINATION.
27 The term of this agreement shall be from February 6, 2012 to June 30, 2012.
28 Exhibit"A"
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1 This Agreement may be terminated at any time by thirty (30) days written notice by
2 either party. The terms of this Agreement shall remain in force unless mutually amended. The
3 duration of this agreement may be extended with the written consent of both parties.
4 4. WARRANTY
5 Vendor expressly warrants that all products and services supplied to City by Vendor
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under this Agreement shall conform to the specifications, drawings or other description upon E
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8 which this purchase is based, shall be fit and sufficient for the purpose intended, L
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9 merchantable, of good material and workmanship, free from defects and free and clear of all L
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10 liens or encumbrances. Inspection, testing, acceptance or use of the goods by the City shall
11 not affect Vendor's obligations under this warranty, and such warranty shall survive a
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inspection, testing, acceptance and use. Vendor agrees to replace or correct promptly defects o
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of any goods or services not conforming to the foregoing warranty without expense to the LO
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15 City, when notified of such non-conformity by City. If Vendor fails to correct the defects in o
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16 or replace non-conforming goods or services promptly, City may, after reasonable notice to
17 Vendor, make such corrections or effect cover, or cure, at Vendor's expense. "Reasonable
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18 notice" for purposes of this section shall not be deemed to require more than 60 calendar U-
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20 days' notice before commencement of efforts by the City to effect cover or a cure except upon
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21 written agreement of the Parties.
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22 5. INDEMNITY. R
23 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, Q
24 agents or representatives, free and harmless from all claims, actions, damages and liabilities of
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any kind and nature arising from bodily injury, including death, or property damage, based or
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27 asserted upon any or alleged act or omission of Vendor, its employees, agents, or
28 Exhibit"A"
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1 subcontractors, relating to or in any way connected with the accomplishment of the work or
2 performance of service under this Agreement, unless the bodily injury or property damage
3 was actually caused by the sole negligence of the City, its elected officials, employees, agents
4 or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at
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its own expense, including attorney's fees, the City, its elected officials, employees, agents or
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representatives from any and all legal actions based upon such actual or alleged acts or a
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8 omissions. Vendor hereby waives any and all rights to any types of express or implied
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9 indemnity against the City, its elected officials, employees, agents or representatives, with
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10 respect to third party claims against the Vendor relating to or in any way connected with the 2
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accomplishment of the work or performance of services under this Agreement.
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6. INSURANCE. °.
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14 while not restricting or limiting the foregoing, during the term of this Agreement,
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15 VENDOR shall maintain in effect policies of comprehensive public, general and automobile o
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16 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
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an a
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20 additional named insured in each policy of insurance provided hereunder. The Certificate of
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21 Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior
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22 to any change or termination in the policy. w
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7. NON-DISCRIMINATION.
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In the performance of this Agreement and in the hiring and recruitment of employees,
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26 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
27 discrimination in employment of persons because of their race, religion, color, national origin,
Q28 Exhibit"A"
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® 1 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender
2 or sexual orientation, or any other status protected by law.
3 8. INDEPENDENT CONTRACTOR.
4 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
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7 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of E
8 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
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9 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
10 employees, and all business license, if any are required, in connection with the services to be
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performed hereunder.
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9. BUSINESS REGISTRATION CERTIFICATE AND OTHER °.
13 REQUIREMENTS. �
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14 VENDOR warrants that it possesses or shall obtain, and maintain a business N
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registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, .0
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17 permits, qualifications, insurance and approval of whatever nature that are legally required of N
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18 VENDOR to practice its business or profession. N
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19 10. NOTICES. o
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20 Any notices to be given pursuant to this Agreement shall be deposited with the United w Cn
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States Postal Service, postage prepaid and addressed as follows: E
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TO THE CITY: Public Services Director a
23 300 North"D" Street
24 San Bernardino, CA 92418
Telephone: (909) 384-5140
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28 Exhibit"A"
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I TO THE VENDOR: Ironman Parts & Services
2535 Anselmo Dr.
2 Corona, CA 92879
Telephone: (951) 735-3710
3 Contact: Monica Benedict
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5 11. ATTORNEYS' FEES.
6 In the event that litigation is brought by any party in connection with this Agreement,
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7 the prevailing party shall be entitled to recover from the opposing party all costs and
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expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise
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of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions 2
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11 or provisions hereof. Attorney's fees for the City Attorney and members of his office shall be
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12 calculated based on the market rate for comparable services. )
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13 12. ASSIGNMENT. N
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14 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
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encumber all or any part of the VENDOR's interest in this Agreement without CITY'S prior .0
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17 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void N
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18 and shall constitute a breach of this Agreement and cause for the termination of this c
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19 Agreement. Regardless of CITY's consent, no subletting or assignment shall release o
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20 VENDOR of VENDOR's obligation to perform all other obligations to be performed by
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VENDOR hereunder for the term of this Agreement. s
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23 13. VENUE. Q
24 The parties hereto agree that all actions or proceedings arising in connection with this
25 Agreement shall be tried and litigated either in the State courts located in the County of San
26 Bernardino, State of California or the U.S. District Court for the Central District of California,
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28 Exhibit"A"
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I Riverside Division. The aforementioned choice of venue is intended by the parties to be
2 mandatory and not permissive in nature.
3 14. GOVERNING LAW.
4 This Agreement shall be governed by the laws of the State of California.
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15. SUCCESSORS AND ASSIGNS.
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7 This Agreement shall be binding on and inure to the benefit of the parties to this
8 Agreement and their respective heirs, representatives, successors, and assigns.
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9 16. HEADINGS.
10 The subject headings of the sections of this Agreement are included for the purposes
11 of convenience only and shall not affect the construction or the interpretation of any of its z
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provisions.
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14 17. SEVERABILITY.
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15 If any provision of this Agreement is determined by a court of competent jurisdiction o
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16 to be invalid or unenforceable for any reason, such determination shall not affect the validity tr
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or enforceability of the remaining terms and provisions hereof or of the offending provision in
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any other circumstance, and the remaining provisions of this Agreement shall remain in full a
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20 force and effect.
21 18. REMEDIES; WAIVER.
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22 All remedies available to either party for one or more breaches by the other party are
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and shall be deemed cumulative and may be exercised separately or concurrently without
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waiver of any other remedies. The failure of either party to act in the event of a breach of this
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26 Agreement by the other shall not be deemed a waiver of such breach or a waiver of future
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1 breaches, unless such waiver shall be in writing and signed by the party against whom
2 enforcement is sought.
3 19. ENTIRE AGREEMENT; MODIFICATION.
4 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
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7 manner of this Agreement. This Agreement may be modified or amended only by a written o
8 instrument executed by all parties to this Agreement. L
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Exhibit"A"
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2 VENDOR SERVICE AGREEMENT
BETWEEN IRONMAN PARTS & SERVICE AND THE CITY OF SAN
3 BERNARDINO
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5 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
6 date set forth below.
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8 Dated: , 2012 Ironman Parts & Services
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Title:
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Dated , 2012 CITY OF SAN BERNARDINO
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By: °.
13 Charles E. McNeely, City Manager N
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14 Approved as to Form:
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1 By.
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James F. Penman, City Attorney
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