HomeMy WebLinkAbout2016-138 1 RESOLUTION NO. 2016-138
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT
NUMBER TWO TO THE VENDOR SERVICE AGREEMENT WITH FLEET PRIDE
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5 WHEREAS, on November 5, 2013 by Resolution 2013-304 the Mayor and Common
6 Council authorized the City Manager to execute that certain agreement entitled "Vendor
7 Services Agreement with Fleet Pride" (the "Agreement"); and,
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WHEREAS, the term of the Agreement was from November 30, 2013 to June 30;
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10 2014, with two one-year extensions authorizing the City Manager to extend the term of the
11 Agreement to June 30, 2016; and,
12 WHEREAS, on April 6, 2015 by Resolution 2015-067 the Mayor and Common
13
Council authorized the City Manager to execute the First Amendment to the Agreement
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15 increasing the amount authorized under the Agreement from $100,000 to $120,000; and,
16 WHEREAS, the Mayor and Common Council have determined that it is
17 advantageous and in the best interests of the City to extend the Agreement on the same terms
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and conditions, including the authorized amount of $120,000 through Fiscal Year 2016/17,
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20 with the third extension ending on June 30, 2017.
21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
22 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
23 SECTION 1. The City Manager is hereby authorized and directed to execute on
24 behalf of the said City Amendment Number Two to the Vendor Service Agreement between
25 the City of San Bernardino and Fleet Pride, a copy of which is attached hereto, marked
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Exhibit"A" and incorporated herein by reference as fully as through as forth at length.
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I SECTION 3. The Director of Finance or his/her designee is authorized and directed to
2 issue an Annual Purchase Order to Fleet Pride for a total not to exceed $120,000 for Fiscal
3 Year 2016/17. The Purchase Order shall reference this resolution, state that it is for the
4 purchase of Heavy Duty Truck Parts, and incorporate the terms and condition of the
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Agreement.
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7 SECTION 4. The City Manager is hereby authorized and directed to exercise the third
8 extension extending the term of the Agreement to June 30, 2017.
9 SECTION 5. This purchase is exempt from the formal contract procedures of Section
10 3.04.010 of the Municipal Code, pursuant to Section 3.04.010 B.3 of said Code "Purchases
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approved by the Mayor and Common Council."
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13 SECTION 6. The above authorizations are hereby rescinded and void and of no
14 further effect if Amendment Number Two is not executed by all parties and returned to the
15 Office of the City Clerk within sixty(60) days.
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2
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT
2 NUMBER TWO TO THE VENDOR SERVICE AGREEMENT WITH FLEET PRIDE
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
4
and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
5
6 the 5t" day of July, 2016, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ X
9
BARRIOS X
10
11 VALDIVIA X
12 SHORETT X
13 NICKEL X
14 RICHARD X
15
MULVIHILL X
16
17 '.�l/Lg�e
18
George Hanna, MC, City Clerk
�.
19 The foregoing Resolution is hereby approved this day of July, 2016.
20
21 6�� L144
22 R. Carey Davis/mayor
City of San B rnardino
23 Approved as to form:
24 Gary D. Saenz, City Attorney
25 By: A;'a' S94!�r
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2016-138
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
FLEET PRIDE FOR
HEAVY DUTY TRUCK PARTS AND SUPPLIES
This Amendment Number Two (the "Second Amendment") is entered into this 5 th day of
July , 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,
Fleet Pride (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 November 5, 2013 by Resolution 2013-304 the Mayor and Common
Council of the CITY authorized the City Manager to execute that certain agreement entitled
"Vendor Services Agreement with Fleet Pride" (the "Agreement"); and,
WHEREAS, the term of the Agreement was from November 30, 2013 to June 30, 2014,
with two one-year extensions authorizing the City Manager to extend the term of the Agreement
to June 30, 2016; and,
WHEREAS, on April 6, 2015 by Resolution 2015-067 the Mayor and Common Council
of the CITY authorized the City Manager to execute the First Amendment to the Agreement
increasing the amount authorized under the Agreement from $100,000 to $120,000; and,
WHEREAS, the Mayor and Common Council have determined that it is advantageous
and in the best interests of the City to extend the Agreement on the same terms and conditions,
including the authorized amount of $120,000 through Fiscal Year 2016/17, with the extended
term ending on June 30, 2017.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. Section 3 Term; Termination shall be amended to read as follows:
"3. TERM; TERMINATION.
The term of this Agreement shall be from November 5, 2013 through June 30, 2014,
with three (3) one-year extensions at the City's option. Option year one, if exercised,
AMENDMENT NUMBR TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND FLEET PRIDE
Page I of 3
2016-138
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' prior written
notice by either Party. The terms of this Agreement shall remain in force unless
amended by written agreement of the Parties."
2. All other terms and conditions of said Agreement shall remain in full force and effect.
[Signature Page Follows]
AMENDMENT NUMBR TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND FLEET PRIDE
Page 2 of 3
2016-138
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
FLEET PRIDE FOR
HEAVY DUTY TRUCK PARTS AND SUPPLIES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2016 FLEET PRIDE
By:
Its:
Dated , 2016 CITY OF SAN BERNARDINO
By:
Mark Scott, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
AMENDMENT NUMBR TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND FLEET PRIDE
Page 3 of 3
2016-138
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
FLEET PRIDE FOR
HEAVY DUTY TRUCK PARTS AND SUPPLIES
This Amendment Number Two (the "Second Amendment") is entered into this 5 th day of
July , 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,
Fleet Pride (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 November 5, 2013 by Resolution 2013-304 the Mayor and Common
Council of the CITY authorized the City Manager to execute that certain agreement entitled
"Vendor Services Agreement with Fleet Pride" (the "Agreement"); and,
WHEREAS, the term of the Agreement was from November 30, 2013 to June 30, 2014,
with two one-year extensions authorizing the City Manager to extend the term of the Agreement
to June 30, 2016; and,
WHEREAS, on April 6, 2015 by Resolution 2015-067 the Mayor and Common Council
of the CITY authorized the City Manager to execute the First Amendment to the Agreement
increasing the amount authorized under the Agreement from $100,000 to $120,000; and,
WHEREAS, the Mayor and Common Council have determined that it is advantageous
and in the best interests of the City to extend the Agreement on the same terms and conditions,
including the authorized amount of $120,000 through Fiscal Year 2016/17, with the extended
term ending on June 30, 2017.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the PARTIES hereby agree as follows:
1. Section 3 Term; Termination shall be amended to read as follows:
"3. TERM; TERMINATION.
The term of this Agreement shall be from November 5, 2013 through June 30, 2014,
with three (3) one-year extensions at the City's option. Option year one, if exercised,
AMENDMENT NUMBR TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND FLEET PRIDE
Page 1 of 3
2016-138
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' prior written
notice by either Party. The terms of this Agreement shall remain in force unless
amended by written agreement of the Parties."
2. All other terms and conditions of said Agreement shall remain in full force and effect.
[Signature Page Follows]
AMENDMENT NUMBR TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND FLEET PRIDE
Page 2 of 3
2016-138
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
FLEET PRIDE FOR
HEAVY DUTY TRUCK PARTS AND SUPPLIES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ��' , 2016 FLEET PRIDE
B
Its:
Dated , 2016 CITY OF SAN BERNARDINO
By: ,/�
zdc�
Mark Scott, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
AMENDMENT NUMBR TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND FLEET PRIDE
Page 3 of 3