HomeMy WebLinkAbout05.L- Public Works 5.L
RESOLUTION (ID # 4421) DOC ID: 4421 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Chris Alanis M/CC Meeting Date: 05/16/2016
Prepared by: Linda Dortch, (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 a First Amendment to the Vendor Service Agreement with Houston &
Harris PCS, Inc. for the Cleaning and Video Inspection of the Sewer System. (#4421)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: <<Insert Amount>>
Account No.132-400-0094-5502
Account Description: Professional/Contractual
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
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:
3/3/14 - Resolution 2014-51 - The Mayor and Common Council authorized the
execution of an agreement and issuance of an annual purchase order in an amount not
to exceed $200,000 with two single-year renewals at the City's option to Houston &
Harris PCS Inc. for the cleaning and video inspection of the sewer system.
Background:
The Public Works Department, Operations & Maintenance Division, is responsible for
maintenance and repair of 510 miles of sewer lines within the City. The City of San
Bernardino has filed a Sanitary Sewer Management Plan (SSMP) with the State of
California. The purpose of the SSMP is to ensure that the City is operating and
maintaining its sewer collection system in accordance with state and regional standards.
One component of the SSMP requires that 20% of sewer lines within the collection
system be video inspected each year. The video inspection is required to verify that the
sewer system is functioning properly and to locate areas that are in need of repair
I and/or replacement. Copies of the video inspections are kept on file in the Department
of Public Works.
On March 3, 2014, the Mayor and Common Council authorized a Vendor Service
Agreement for the cleaning and video inspection of the sewer system.
Updated: 5/9/2016 by Georgeann "Gigi" Hanna B Packet Pg.430
5.L
4421
The original Vendor Service Agreement provided for a one-year contract with two one-
year extensions at the City's option. Due to the outstanding service provided by Harris &
Harris PCS, Inc., staff is requesting that the Mayor and Common Council authorize the
execution of a First Amendment to the Vendor Service Agreement with Houston &
Harris PCS, Inc. for the cleaning and video inspection of the sewer system amending
the Agreement to include a third City option to extend the term to June 30, 2017.
City Attorney Review:
Supporting Documents:
Reso (DOC)
agrmt 4421 (PDF)
Reso 2014-51 (PDF)
Vsa (PDF)
A
Updated: 5/9/2016 by Georgeann "Gigi" Hanna B Packet Pg.431
1 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 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
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First Amendment to the Vendor Service Agreement with Houston & Harris PCS, Inc. for the d
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Cleaning and Video Inspection of the Sewer System attached hereto as Exhibit "A" and =
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11 incorporated herein by this reference as though set forth in full.
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12 SECTION 2. That the above authorization is rescinded and shall be void and of no v
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13 further effect if the agreement is not fully executed by all parties and returned to the Office of in
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the City Clerk within sixty (60) days from the passage of this resolution. p
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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 meeting
7 thereof, held on the day of , 2016,by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT a
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10 MARQUEZ
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11 BARRIOS
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12 VALDIVIA
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1 NICKEL
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16 RICHARD
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17 MULVIHILL N
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Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of 12016.
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23 R. Carey Davis, Mayor
City of San Bernardino
24 Approved as to form:
25 Gary D. Saenz,City Attorney
26
By:
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Packet Pg.433
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 day of
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");
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AND,
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Houston & Harris PCS, Inc. (the "VENDOR") (individually CITY or VENDOR may be =
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referred to as a "PARTY" and collectively CITY and VENDOR may be referred to as the
"PARTIES").
WITNESSETH :
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WHEREAS,on March 3, 2014 pursuant to Resolution 2014-51 the CITY and VENDOR entered into in
that certain Agreement titled Vendor Service Agreement Between the City of San Bernardino and w
Houston & Harris PCS, Inc. for the Cleaning and Video Inspection of the Sewer System (the o
"Agreement); and, °'
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WHEREAS, CITY and VENDOR desire to further amend the Agreement for the Cleaning and w
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:
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1. That Section 3. Term; Termination of the Agreement shall be amended to read as follows:
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443. Term; Termination E
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The term of this agreement shall be from March 3, 2014 through June 30, 2014, with three (3) Q
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.
I 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
Packet Pg.434
s:
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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]
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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
Packet Pg.435
AMENDMENT NUMBER ONE TO THE VENDOR SERVICE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
a 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.
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Dated: ,2016 CITY OF SAN BERNARDINO 3
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By: O
Marls Scott, City Manager
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APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
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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
Packet Pg. 436
5.L.c
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RESOLUTION NO. 2014-51
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN AN AMOUNT NOT TO
4 EXCEED $200,000 WITH TWO SINGLE YEAR RENEWALS AT THE CITY'S
OPTION TO HOUSTON & HARRIS PCS, INC. FOR THE CLEANING AND VIDEO
5 INSPECTION OF THE SEWER SYSTEM.
6 WHEREAS, Houston & Harris PCS, Inc. submitted the lowest bid for the cleaning
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and video inspection of the sewer system per RFP F-14-19;
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCII. OF THE _
9 CITY OF SAN BERNARDINO AS FOLLOWS: 06
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10 SECTION X. The City Manager of the City of San Bernardino is hereby authorized to
11 execute on behalf of said City a Vendor Service Agreement between the City of San
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Bernardino and Houston & Harris PCS, Inc., a copy of which is attached hereto, marked as
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14 Exhibit"A", and incorporated herein by this reference as fully as though set fourth at length. a
15 SECTION 2. "That pursuant to this determination the Director of Administrative
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16 Services or his designee is hereby authorized to issue an annual purchase order to Houston &
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17 Harris PCS, Inc. in an amount not to exceed $200,000 with two single year renewals at the
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City's option.
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20 SECTION 3. The Purchase Order shall reference this Resolution Number and shall 00i
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21 read, "Houston & Harris PCS, Inc. for the cleaning and video inspection of the sewer system.
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22 Agreement not to exceed $200,000" and shall incorporate the terms and conditions of the
23 agreement.
24 SECTION 4. The authorization to execute the above referenced Purchase Order and
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26 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
27 passage of this resolution.
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Packet Pg.437
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2014--51
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN AN AMOUNT NOT TO
3 EXCEED $200,000 WITH TWO SINGLE YEAR RENEWALS AT THE CITY'S
4 OPTION TO HOUSTON & HARRIS PCS, INC. FOR THE CLEANING AND VIDEO
INSPECTION OF THE SEWER SYSTEM.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a joint regular _ meeting d
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thereof,held on the 3rd day of March ,2014, by the following vote,to wit: e
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10 Council Members: AYES NAYS ABSTAIN ABSENT c
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11 MARQUEZ x v
12 BARRIOS x d
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13 VALDIVIA x 'Q
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15 NICKEL w
17 JOHNSON __..x__
18 MULVIHILL x
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21 George Hanna, Clerk
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22 The foregoing resolution is hereby approved this` ' .day of March ,2014.
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24 R. CARE AVIS, Mayor
25 City of San Bernardino
26 Approved as to forin:
GARY SAENZ,
27 City Attorney
28 By
Packet Pg.438
2014--5.1
*� VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND HOUSTON & HARRIS PCS, INC. FOR SEWER VIDEO INSPECTION
SERVICES
This VENDOR Service Agreement is entered into this 3rd day of March, 2014, by am
between Houston & Harris PCS, Inc. ("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 cleaning and video inspection of the sewer
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system and;
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WHEREAS, The City of San Bernardino did solicit and accept quotes from available
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VENDORs for such cleaning and video inspection of the sewer system; and
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WHEREAS, VENDOR is the lowest bidder to provide said service to City; and in
NOW, THEREFORE, the panties hereto agree as follows: o
1. SCOPE OF SERVICES. d
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For the remuneration stipulated, San Bernardino hereby engages the services of
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VENDOR to provide those services as set forth in RFQ F-14-19, a copy of which is on file in
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the Public Works Department and a copy of the Price Form is attached hereto as Attachment
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"I"and incorporated here by this reference.
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2. COMPENSATION AND EXPENSES. a
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $200,000 for the cleaning and video
Iinspection of the sewer system pursuant to RFQ F-14-19.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
Exhibit"A"
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2014--5.1
3. TERM; TERMINATION.
The term of this agreement shall be from March 3, 2014 through June 30, 2014, wit]
two (2) one-year extensions at the City's option. Option year one, if exercised, shall b(
effective July 1, 2014 through .Tune 30, 2015. Option year two, if exercised, shall be effective
July 1, 2015 through.tune 30, 2016,
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 amended by writter
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agreement of the parties executed on or before the date of expiration of current term of the
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agreement.
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4. INDEMNITY.
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VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees,
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agents or representatives, free and harmless from all claims, actions, damages and liabilities of in
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1 any kind and nature arising from bodily injury, including death, or property damage, based or a
asserted upon any or alleged act or omission of VENDOR, its employees, agents, or 2
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subcontractors, relating to or in any way connected with the accomplishment of the work or
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performance of service under this Agreement, unless the bodily injury or property damage was
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actually caused by the sole negligence of the City, its elected officials, employees, agents or
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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 a
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. VENDOR hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the VENDOR relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
Exhibit"A"
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2014-51
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5. INSURANCE.
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
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutor;
worker's compensation coverage, and shall file copies of said policies with the CITY's Risl
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as a]
additional named insured in each policy of insurance provided hereunder. The Certificate o
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Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prio o
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to any change in or termination of the policy. 6
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6. NON-DISCRIMINATION.
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In the performance of this Agreement and in the hiring and recruitment of employees
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VENDOR shall not engage in, nor permit its officers, employees or agents to engage in in
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discrimination in employment of persons because of their race, religion, color, national origin 4o-
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender o
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sexual orientation, or any other status protected by law.
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7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents arc
purposes VENDOR shall be an independent contractor and not an agent or employee of th(
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CITY. VENDOR. shall secure, at its expense, and be responsible for any and all payment o a
Income Tax, Social Security, State Disability Insurance Compensation, Unemploynien
Compensation, and other payroll deductions for VENDOR and its officers, agents, an(
employees, and all business license, if any are required, in connection with the services to b(
performed hereunder.
Exhibit"A"
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2014-51
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registratio
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permit;
qualifications, insurance and approval of whatever nature that are legally required of VENDOI
to practice its business or profession.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the Unites
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States Postal Service,postage prepaid and addressed as follows:
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TO THE CITY: Public Works Director
300 North"D" Street
San Bernardino, CA 92418 =
Telephone: (909) 384-51.40
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TO THE VENDOR: Houston & Harris PCS, Inc. 3
21831 Barton Road co
Grand Terrace, CA 92313 0
Telephone: (909) 422-8990 p
Contact: Pamela Houston °'
9. ATTORNEYS' FEES. w
In the event that litigation is brought by any party in connection with this Agreemeni
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 o E
its rights or remedies hereunder or the enforcement of any of the terms, conditions o
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provisions hereof. Attorney's fees for the City Attorney and members of his office shall be
calculated based on market rate for comparable services.
I.O. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet o
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prio
Exhibit"A"
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2014-51
5.L.d
written consent. Any attempted assignment, transfer, subletting; or encumbrance shall be voi4
and shall constitute a breach of this Agreement and cause for the termination of thi
Agreement. Regardless of CI fY's consent,no subletting;or assignment shall release VENDOI
of VENDOR's obligation to perform all other obligations to be performed by VENDW
hereunder for the term of this Agreement.
11. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with thi;
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Agreement shall be tried and litigated either in the State courts Iocated in the County of Sai 0
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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 b(
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mandatory and not permissive in nature. C)
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12. GOVERNING LAW. rn
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This Agreement shall be governed by the Iaws of the State of California. a
13. SUCCESSORS AND ASSIGNS. a
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This Agreement shall be binding on and inure to the benefit of the parties to this Agreemeni
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and their respective heirs,representatives, successors, and assigns.
14. HEADINGS. w
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The subject headings of the sections of this Agreement are included for the purposes of M
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convenience only and shall not affect the construction or the interpretation of any of its Q
provisions.
15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining tends and provisions hereof or of the offending provision in any
Exhibit"A"
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2014-51
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other circumstance, and the remaining provisions of this Agreement shall remain in full fore
and effect.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between th,
parties, and supercedes any prior agreements and tulderstandings relating to the subject manne
of this Agreement. This Agreement may be modified or amended only by a written instrumen
executed by all parties to this Agreement.
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Exhibit"A"
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2014-51
VENDOR SERVICE AGREEMENT
BETWEEN HOUSTON & HARRIS PCS,INC.AND
THE CITY OF SAN BERNARDINO
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day an
date set forth below.
Dated: 03/11 , 2014 HOUSTON&HARRIS PCS, INC.
Its: ' President o
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Dated /" 2014 CITY OF SA ERNARDINO
By: - c
Ali J. Parker, City Manager a
Approved as to Form:
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Gary D. Saenz, City Attorney
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Exhibit"A"
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