HomeMy WebLinkAbout05.N- Public Works 5.N
RESOLUTION (ID # 3731) DOC ID: 3731 D
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Tony Frossard M/CC Meeting Date: 04/06/2015
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 Fleet
Pride and the City of San Bernardino and Authorizing the Increase to Annual Purchase
Order 2014-00000135 for a Total Not to Exceed $120,000 to Fleet Pride for Heavy
Equipment Parts. (#3731)
Current Business Registration Certificate: Yes
Financial Impact:
The cost of this PO increase $20,000 and will be expended from the Materials & Supply
Fleet Fund 635-400-0100*5111. Total cost of the PO is not to exceed $120,000.
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:
10/18/2010 Resolution No. 2010-349 was adopted approving an Annual Purchase
order to Fleet Pride for heavy-duty vehicle brakes.
11/04/2013 Resolutions No.2013-304 was adopted approving an Annual Purchase
order to Fleet Pride for heavy-duty vehicle parts
Background:
The Public Works Department, Fleet Division is responsible for maintaining the City's
heavy-duty vehicles.
Fleet Pride was the lowest responsive bidder for heavy duty truck brakes and parts in
fiscal year 2013-2014. The Fleet Division is requesting an increase to the current
Purchase Order because; Fleet Pride's competitive pricing has led the Fleet Division to
also utilize them for items previously obtained from other vendors.
Also the advanced age of these heavy-duty vehicles makes it difficult to predict when
failures will occur, but when they do, retaining an adequately funded Purchase Order
with Fleet Pride is crucial to ensure that Integrated Waste Management has the trucks
necessary to service the residents and businesses of San Bernardino.
City Attorney Review:
Supporting Documents:
Updated: 4/2/2015 by Georqeann "Gigi" Hanna D Packet Pg. 218
S.N
3731
Fleet Pride P.O. Increase Resolution (DOC)
agrmt 3731 (PDF)
Fleet Pride Reso 2013-304 (PDF)
Fleet Pride VSA 2013-304 (PDF)
Updated: 4/2/2015 by Georgeann"Gigi" Hanna D Packets Pg.219
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 FLEET
4 PRIDE AND THE CITY OF SAN BERNARDINO AND AUTHORIZING THE
INCREASE TO ANNUAL PURCHASE ORDER NO. 2014-00000135 FOR A TOTAL
5 NOT TO EXEED $120,000 TO FLEET PRIDE FOR HEAVY EQUIPMENT PARTS
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6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON U
7 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: O
n:
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SECTION 1. The City Manager is hereby authorized to execute a First Amendment
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to the Vendor Service Agreement between Fleet Pride and the City of San Bernardino, 2
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11 attached hereto as Exhibit"A" and incorporated herein.
12 SECTION 2. The Director of Finance, or designee, is hereby authorized to increase N
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13 Purchase Order No. 2014-00000135 to an amount not to exceed $120,000.00. A
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
2 AMENDMENT TO THE VENDOR SERVICE AGREEMENT BETWEEN FLEET
PRIDE AND THE CITY OF SAN BERNARDINO AND AUTHORIZING THE
3 INCREASE TO ANNUAL PURCHASE ORDER NO. 2014-00000135 FOR A TOTAL
4 NOT TO EXEED $120,000 TO FLEET PRIDE FOR HEAVY EQUIPMENT PARTS
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and a
i7 Common Council of the City of San Bernardino at a meeting
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8 thereof, held on the day of , 2015, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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11 MARQUEZ
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12 BARRIOS
13 VALDIVIA N
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SHORETT =
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NICKEL o
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JOHNSON
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18 MULVIHILL
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Georgeann Hanna, City Clerk a
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The foregoing resolution is hereby approved this day of , 2015.
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24 R. Carey Davis, Mayor
City of San Bernardino Q
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Approved as to form:
26 Gary D. Saenz, City Attorney
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28 By:
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I FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND FLEET PRIDE FOR HEAVY DUTY
2 EQUIPMENT BRAKES AND PARTS.
3 This First Amendment to Vendor Service Agreement with Fleet Pride for Heavy Duty
4 Truck Brakes and Parts is entered into this 6th day of April, 2015 and between
Fleet Pride("VENDOR") and the City of San Bernardino ("CITY"),
5 WITNESSETH:
6
7 WHEREAS,The Mayor and Common Council has determined that it is advantageous
8 and in the best interest of the CITY to contract for Heavy Equipment Brake and parts series;
9 and
10 WHEREAS, VENDOR is a Select Source Vendor and was awarded a contract by the L
11 Mayor and Common Council on November 4, 2013, Resolution 2013-304, in the amount of o
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$100,000.
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14 NOW, THEREFORE,the parties hereto agree as follows:
15 1. Section 2, Compensation and Expenses of the Agreement is hereby amended to M
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16 increase the payment to VENDOR to an amount not to exceed $120,000
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17 2. All other terms and conditions of the Agreement shall remain in full force and
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effect.
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1
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3 FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT BETWEEN
4 THE CITY OF SAN BERNARDINO AND FLEET PRIDE FOR HEAVY DUTY
EQUIPMENT BRAKES AND PARTS.
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6 IN WITNESS THEREOF, the parties hereto have executed this on the day and date
7 set forth below.
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10 Dated: ,2015 Fleet Pride
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11 By: o
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Its:
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Dated: ,2015 CITY OF SAN BENARDINO
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15 By: M
Allen J. Parker, City Manger M
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18 APPROVED AS TO FORM:
19 Gary D. Saenz, City Attorney w
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20 By: c� �
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RESOLUTION NO. 2013-304
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AN INCREASE TO PURCHASE ORDER
3 2014-1155 FOR A TOTAL OF $100,000 WITH TWO (2) ONE-YEAR EXTENSIONS
4 AT THE CITY'S OPTION TO FLEET PRIDE OF ONTARIO FOR HEAVY DUTY
TRUCK PARTS AND SUPPLIES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
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WHEREAS, the Fleet Management Division is requesting an increase to Purchase
8 Order 2014-1155 for a total of$100,000 to purchase heavy duty truck parts and supplies; 5
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SECTION 1. The City Manager is hereby authorized to execute the Vendor Service a
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11 Agreement with Fleet Pride, a copy of which is attached hereto, marked Exhibit "A" and d
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12 incorporated herein. ``
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13 SECTION 2. The Mayor and Common Council hereby authorize the Director of
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Administrative Services or his designee to increase to Purchase Order 2014-1155 by $70,000 M
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for a total not-to-exceed $100,000 for the purchase of heavy duty truck parts and supplies.
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SECTION 3. The Contract Purchase Order shall reference this Resolution and shall W
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18 read, "Fleet Pride for the purchase of heavy duty truck parts and supplies" and shall a
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19 incorporate the terms and conditions of the Agreement.
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20 SECTION 4. The authorization to execute the above referenced Contract Purchase E
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Order and agreement is rescinded if not issued and signed within sixty (60) days of the a
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23 passage of this resolution.
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2013-304
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
1 OF SAN BERNARDINO AUTHORIZING AN INCREASE TO PURCHASE ORDER
2 2014-1155 FOR A TOTAL OF $100,000 WITH TWO (2) ONE-YEAR EXTENSIONS
AT THE CITY'S OPTION TO FLEET PRIDE OF ONTARIO FOR HEAVY DUTY
3 TRUCK PARTS AND SUPPLIES.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 joint regular thereof, held
Common Council of the City of San Bernardino at a g
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on the 4 th day of November ,2013,by the following vote,to wit: y
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8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ x a
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JENKINS x a
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VALDIVIA x u
13 SHORETT X M
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15 JOHNSON _$^ CD
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19 Geo Bann Hann ,City Clerk
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20 The foregoing resolution is hereby approved this c�J day of m
November , 2013. E
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22 trick J. M ris,Mayor
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23 City ernardino
Approved as to form:
24 James F. Penman,
25 City Attorney
26 By:
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2013-304
PURCHASE AGREEMENT
This Vendor Service Agreement is entered into this 5th day of November 2013, by
and between Fleet Pride ("Vendor") and the City of San Bernardino ("City" or "San
Bernardino").
WITNESSETH:
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 contract for the purchase of specific parts and supplies and
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related repair services for City vehicles and equipment as needed; and
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WHEREAS, Vendor Fleet Pride of Ontario, CA was the lowest bidder in RFQ F-14-10
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on 21 of the 32 specified items requested in the Bid Document;
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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 Vendor T
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to provide specific parts and supplies as needed to be utilized by the Public Works Department Q
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Fleet Management Division for City vehicles and equipment.
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2. COMPENSATION AND EXPENSES.
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a. For the products and/or services delineated above, the City, upon presentation of an c
invoice, shall pay the Vendor up to the amount not to exceed $100,000 for the parts
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and supplies as needed, in accordance with the Price List in Vendor's Bid submitted Q
to RFP F-14-10, attached and incorporated herein.
b. No other expenditures made by Vendor shall be reimbursed by City.
3. TERM; TERMINATION.
The term of this agreement shall be from November 5, 2013 through June 30, 2014,
with two (2) one-year extensions at the City's option. Option year one, if exercised, shall be
Exhibit"A"
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2013-304
effective July 1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective
July 1, 2015 through June 30, 2016.
This Agreement may be terminated at any time with thirty (30) days' prior written
notice by either party. The terms of this Agreement shall remain in force unless amended by
written agreement of the parties executed on or before the date of expiration of the current term
of the Agreement.
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4. WARRANTY.
Vendor expressly warrants that all products and services supplied to City by Vendor o
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under this agreement shall conform to the specifications, drawings or other description upon
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which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, a
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of good material and workmanship, free from defects and free and clear of all liens or r
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encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect
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Vendor's obligations under this warranty, and such warranty shall survive inspections, testing, M
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acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or N
services not conforming to the foregoing warranty without expense to the City, when notified
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of such non-conformity by City. If Vendor fails to correct the defects or replace non- 5)
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conforming goods or services promptly, City may, after reasonable notice to Vendor, make
such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for
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purposes of this section shall not be deemed to require more than 60 calendars days notice Q
before commencement of efforts by the City to effect cover or a cure except upon written
agreement of the Parties.
5. INDEMNITY.
Vendor shall indemnify and hold the City, its elected officials, employees, agents or
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representatives, free and harmless from all claims, actions, damages and liabilities of any kind
Exhibit"A"
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2013-304
and nature arising from bodily injury, including death, or property damage, based or asserted
upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors,
relating to or in any way connected with the accomplishment of the work or performance of
service under this Agreement, unless the bodily injury or property damage was actually caused
by the sole negligence of the City, its elected officials, employees, agents or representatives.
As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense,
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including attorney's fees the City, its elected officials, employees, agents or representatives a
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from any and all legal actions based upon such actual or alleged acts or omissions. Vendor
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hereby waives any and all rights to any types of express or implied indemnity against the City, (D
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its elected officials, employees, agents or representatives, with respect to third party claims a
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against the Vendor relating to or in any way connected with the accomplishment of the work or M
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performance of services under this Agreement.
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6. INSURANCE. r
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While not restricting or limiting the foregoing, during the term of this Agreement, <
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 a
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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 u
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additional named insured in each policy of insurance provided hereunder. The Certificate of Q
Insurance furnished to the City shall require the insurer to notify City 30 (thirty) days prior to
any change or termination in the policy.
7. 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,
Exhibit"A"
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2013-304
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted to Section 12940 of
the California Government Code.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
Vendor warrants that it shall comply with any and all business registration requirements
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of the City's Municipal Code, and any other license, permit, qualification, insurance and a
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approval of whatever nature that are legally required of Vendor to practice its business or o
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profession.
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9. NOTICES.
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Any notices to be given pursuant to this Agreement shall be deposited with the United
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States Postal Service,postage prepaid and addressed as follows:
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TO THE CITY: Public Works Director h°,
300 North"D" Street <
San Bernardino, CA 92418 >
Telephone: (909) 384-5140
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TO THE VENDOR: Fleet Pride
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5751 E. Santa Ana Street U.
Ontario, CA 91761
Telephone: (909)605-0677 E
Attn: Account Manager
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10. ATTORNEYS' FEES. a
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
Exhibit"A"
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2013-304
office in enforcing this Agreement on behalf of the City shall be considered as"attorneys' fees"
for the purposes of this paragraph.
11. ASSIGNMENT.
Vendor shall not voluntarily nor 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 written
consent. Any attempted assignment, transfer, subletting or encumbrance without City's prior
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written consent shall be void and shall constitute a breach of this Agreement and cause for the a
termination of this Agreement. Regardless of City's consent, no subletting or assignment shall O
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release Vendor of Vendor's obligation to perform all other obligations to be performed by c
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Vendor hereunder for the term of this Agreement.
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12. VENUE. T
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The parties hereto agree that all actions or proceedings arising in connection with this
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Agreement shall be tried and litigated either in the State courts located in the County of San M
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Bernardino, State of California or the U.S. District Court for the Central District of California, <
Riverside Division. The aforementioned choice of venue is intended by the parties to be
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mandatory and not permissive in nature.
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13. GOVERNING LAW.
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This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS. a
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
and their respective heirs,representatives, successors, and assigns.
Exhibit"A"
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2013-304
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
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be invalid or unenforceable for any reason, such determination shall not affect the validity or L
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enforceability of the remaining terms and provisions hereof or of the offending provision in any ci
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other circumstance, and the remaining provisions of this Agreement shall remain in full force
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and effect. m
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17. ENTIRE AGREEMENT; MODIFICATION. M
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 r
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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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Exhibit"A"
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• 2013-304
PURCHASE AGREEMENT
FLEET PRIDE
IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and
date set forth below.
Dated.
/ VOV' �3 2013 FLEE
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Name/Title:
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Dated gr4-wh r fL 2013 CITY OF SAN B NARDINO a
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By: a
A.l ker,City Manager
Approved as to form:
James F. Penman,
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City Attorney o
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By:
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Exhibit"A"
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