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HomeMy WebLinkAbout2016-100 I RESOLUTION NO. 2016-100 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 WITH HOUSTON & 4 HARRIS PCS, INC. FOR THE CLEANING AND VIDEO INSPECTION OF THE SEWER SYSTEM. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the City Manager is hereby authorized and directed to execute a 8 First Amendment to the Vendor Service Agreement with Houston & Harris PCS, Inc. for the 9 10 Cleaning and Video Inspection of the Sewer System attached hereto as Exhibit "A" and 11 incorporated herein by this reference as though set forth in full. 12 SECTION 2. That the above authorization is rescinded and shall be void and of no 13 further effect if the agreement is not fully executed by all parties and returned to the Office of 14 the City Clerk within sixty (60) days from the passage of this resolution. 15 16 17 18 19 HI 20 21 22 23 24 25 26 27 28 1 1 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 WITH HOUSTON & HARRIS PCS, INC. FOR THE CLEANING AND VIDEO INSPECTION OF THE 3 SEWER SYSTEM. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on 7 the 16th day of May, 2016, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ X 11 BARRIOS X 12 VALDIVIA x- 13 SHORETT X 14 15 NICKEL X 16 RICHARD x- 17 MULVIHILL X 18 LA 19 _ Georgeai Hanna,CAC, City Clerk 204- The foregoing resolution is hereby approved this �' day of May, 20 . 21 , 22 2 1 23 R. Carey Davis, ayor City of San Be ardino 24 Approved as to form: 25 Gary D. Saenz,City Attorney 26 B 27 28 28 2 2016-100 AMENDMENT NUMBER ONE TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOUSTON & HARRIS PCS, INC. FOR THE CLEANING AND VIDEO INSPECTION OF THE SEWER SYSTEM This Amendment Number One (the "First Amendment") is entered into this 16th day of May , 2016, BY AND BETWEEN: The City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California(the "CITY"); AND, Houston & Harris PCS, Inc. (the "VENDOR") (individually CITY or VENDOR may be referred to as a "PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, on March 3, 2014 pursuant to Resolution 2014-51 the CITY and VENDOR entered into that certain Agreement titled Vendor Service Agreement Between the City of San Bernardino and Houston & Harris PCS, Inc. for the Cleaning and Video Inspection of the Sewer System (the "Agreement); and, WHEREAS, CITY and VENDOR desire to further amend the Agreement for the Cleaning and Video Inspection of the Sewer System and desire to amend their rights, duties, and liabilities in connection with their performance thereunder. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. That Section 3. Term; Termination of the Agreement shall be amended to read as follows: "3. Term; Termination The term of this agreement shall be from March 3, 2014 through June 30, 2014, with three (3) one-year extensions at the City's option. Option year one, if exercised, shall be effective July 1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective July 1, 2015 through June 30, 2016. Option year three, if exercised, shall be effective July 1, 2016 through June 30, 2017. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless amended by written AMENDMENT NUMBER ONE TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOUSTON&HARRIS PCS,INC.FOR THE CLEANING AND VIDEO INSPECTION OF THE SEWER SYSTEM Page 1 of 3 2016-100 agreement of the parties executed on or before the date of expiration of current term of the agreement." 2. All other terms and conditions of the Agreement shall remain in full force and effect. [Signature Page Follows] AMENDMENT NUMBER ONE TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOUSTON&HARRIS PCS,INC.FOR THE CLEANING AND VIDEO INSPECTION OF THE SEWER SYSTEM Page 2 of 3 2016-100 AMENDMENT NUMBER ONE TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOUSTON & HARRIS PCS, INC. FOR THE CLEANING AND VIDEO INSPECTION OF THE SEWER SYSTEM IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 HOUSTON & HARRIS PCS, INC. By: Its: Dated: , 2016 CITY OF SAN BERNARDINO By: Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: AMENDMENT NUMBER ONE TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOUSTON&HARRIS PCS,INC.FOR THE CLEANING AND VIDEO INSPECTION OF THE SEWER SYSTEM Page 3 of 3 2016-100 AMENDMENT NUMBER ONE TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOUSTON & HARRIS PCS,INC. FOR THE CLEANING AND VIDEO INSPECTION OF THE SEWER SYSTEM This Amendment Number One (the "First Amendment") is entered into this 16th day of May , 2016, BY AND BETWEEN: The City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California(the "CITY"); AND, Houston & Harris PCS, Inc. (the "VENDOR") (individually CITY or VENDOR may be referred to as a "PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, on March 3, 2014 pursuant to Resolution 2014-51 the CITY and VENDOR entered into that certain Agreement titled Vendor Service Agreement Between the City of San Bernardino and Houston & Harris PCS, Inc. for the Cleaning and Video Inspection of the Sewer System (the "Agreement); and, WHEREAS, CITY and VENDOR desire to further amend the Agreement for the Cleaning and Video Inspection of the Sewer System and desire to amend their rights, duties, and liabilities in connection with their performance thereunder. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the PARTIES hereby agree as follows: 1. That Section 3. Term; Termination of the Agreement shall be amended to read as follows: 443. Term; Termination The term of this agreement shall be from March 3, 2014 through June 30, 2014, with three (3) one-year extensions at the City's option. Option year one, if exercised, shall be effective July 1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective July 1, 2015 through June 30, 2016. Option year three, if exercised, shall be effective July 1, 2016 through June 30, 2017. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless amended by written AMENDMENT NUMBER ONE TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOUSTON&HARRIS PCS,INC.FOR THE CLEANING AND VIDEO INSPECTION OF THE SEWER SYSTEM Page 1 of 3 2016-100 agreement of the parties executed on or before the date of expiration of current term of the agreement." 2. All other terms and conditions of the Agreement shall remain in full force and effect. [Signature Page Follows] AMENDMENT NUMBER ONE TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOUSTON&HARRIS PCS,INC.FOR THE CLEANING AND VIDEO INSPECTION OF THE SEWER SYSTEM Page 2 of 3 2016-100 AMENDMENT NUMBER ONE TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOUSTON & HARRIS PCS,INC. FOR THE CLEANING AND VIDEO INSPECTION OF THE SEWER SYSTEM IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and date set forth below. Dated: 92016 HOUSTON & HARRIS PCS, INC. By: 1 Its: Dated: /"C , 2016 CITY OF SAN BERNARDINO By: Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: AMENDMENT NUMBER ONE TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOUSTON&HARRIS PCS,INC. FOR THE CLEANING AND VIDEO INSPECTION OF THE SEWER SYSTEM Page 3 of 3