HomeMy WebLinkAbout05.M- Public Works 5.M
RESOLUTION (ID # 4457) DOC ID: 4457 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
R Purchase Order
From: Chris Alanis M/CC Meeting Date: 06/20/2016
Prepared by: Susan Davis, (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 Amendment Number One to the Vendor Service Agreement Between
Inland Overhead Doors and the City of San Bernardino. (#4457)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $55,000.
Account No. 001-400-0037-5505
Account Description: Other Professional Services
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:
4-10-2014 Resolution # 2014-91 was approved authorizing the City Manager to
execute agreement between the City of San Bernardino and Inland
Overhead Doors for the maintenance of roll-up , bi-fold, and mechanized
sliding doors in city buildings.
Background:
The Public Works Department, Building Maintenance Division, is responsible for
maintaining 100 roll up, bi-fold, and sliding doors in various City buildings. The doors
require routine maintenance in order to keep them good working order.
Building Maintenance is requesting a one-year extension on Purchase Order 2016-108
with Inland Overhead Doors. This decision is based on pending decisions and
agreements with the City's Plan of Adjustments. This extension will commence on July
2016 through June 2017.
City Attorney Review:
Supporting Documents:
INLAND OVERHEAD DOOR RESOLUTION (DOC)
agrmt 4457 (PDF)
Inland Overhead Door Reso # 2014-91 (PDF)
Updated: 6/13/2016 by Georgeann "Gigi" Hanna B Packet Pg. 389
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT
NUMBER ONE TO THE VENDOR SERVICE AGREEMENT BETWEEN INLAND
4 OVERHEAD DOORS AND THE CITY OF SAN BERNARDINO.
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE o
6 CITY OF SAN BERNARDINO AS FOLLOWS: U)
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7 SECTION 1. The City Manager is hereby authorized and directed to execute W
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Amendment Number One to the Vendor Services Agreement between the City of San o
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Bernardino and Inland Overhead Doors attached hereto as Exhibit "A" and incorporated
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herein by the reference. >
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12 SECTION 2. The Director of Finance, or his designee, is hereby authorized and
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13 directed to issue a third single year renewal to the annual purchase order issued to Inland ,
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14 Overhead Door in the amount of$35,000 for the third option year of July 1, 2016 to June 30, z
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15 2017. D
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SECTION 3. That the above authorizations are hereby rescinded and void if W
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Amendment Number One is not executed by all parties and returned to the Office of the City 0
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19 Clerk within sixty(60) days of the passage of this Resolution. w
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Packet Pg. 390
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT
2 NUMBER ONE TO THE VENDOR SERVICE AGREEMENT BETWEEN INLAND
OVERHEAD DOORS AND THE CITY OF SAN BERNARDINO.
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor ti
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5 and Common Council of the City of San Bernardino at a c
6 meeting thereof, held on the day of 2016, by the following vote, a
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to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ
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BARRIOS
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VALDIVIA
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SHORETT
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15 NICKEL
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16 RICHARD N
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17 MULVIHILL o
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Georgeann Hanna, City Clerk i
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21 The foregoing Resolution is hereby approved this day of ,2016. 0
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22 J
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23 R. Carey Davis, Mayor
24 City of San Bernardino
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25 Approved as to form: Q
26 Gary D. Saenz, City Attorney
27 By:
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Packet Pg. 391
AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
INLAND OVERHEAD DOOR FOR
MAINTENANCE OF ROLL-UP,BI-FOLD,AND MECHANIZED SLIDING DOORS
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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Inland Overhead Door (the "VENDOR") (individually CITY or VENDOR may be
referred to as a"PARTY" and collectively CITY and VENDOR may be referred to as the w
"PARTIES"). a
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WITNESSETH : o
WHEREAS, on April 7, 2014 the Mayor and Common Council approved Resolution 2014-91 L
authorizing the City Manager to execute that certain Agreement entitled Vendor Services
Agreement Between the City of San Bernardino and Inland Overhead Door for Maintenance of 0
Roll-Up Bi-fold, and Mechanized Sliding Doors (the "Agreement"); and,
WHEREAS, CITY and VENDOR desire to amend the Agreement and desire to amend their
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rights, duties, and liabilities in connection with their performance thereunder; and, v
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions v
contained herein,the PARTIES hereby agree as follows:
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1. Section 3 shall be amended to read as follows:
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"3. Term; Termination. E
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The term of this Agreement shall be from April 7, 2014 through June 30, 2014, with a
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 full force unless amended
by written agreement of the parties executed on or before the date of expiration of
current term of the Agreement."
AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND INLAND OVERHEAD DOOR FOR
MAINTENANCE OF ROLL-UP, BI-FOLD,AND MECHANIZED SLIDING DOORS
Page 1 of 3
Packet Pg. 392`
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2. All of 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 SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND INLAND OVERHEAD DOOR FOR
MAINTENANCE OF ROLL-UP,BI-FOLD,AND MECHANIZED SLIDING DOORS
Page 2 of 3
Packet Pg. 393
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AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
INLAND OVERHEAD DOOR FOR
MAINTENANCE OF ROLL-UP, BI-FOLD,AND MECHANIZED SLIDING DOORS
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2016 VENDOR: Inland Overhead Door
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Dated ,2016 CITY OF SAN BERNARDINO o
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By. o
Mark Scott, City Manager 0
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APPROVED AS TO FORM: n
Gary D. Saenz, City Attorney
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By:
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,. AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND INLAND OVERHEAD DOOR FOR
MAINTENANCE OF ROLL-UP,BI-FOLD,AND MECHANIZED SLIDING DOORS
Page 3 of 3
Packet Pg. 394
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1 RESOLUTION NO.�-9 t
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
3 SERVICES AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER
4 IN AN AMOUNT NOT TO EXCEED $35,000 WITH TWO SINGLE YEAR
RENEWALS AT THE CITY'S OPTION TO INLAND OVERHEAD DOOR FOR THE o
5 MAINTENANCE OF ROLL-UP, BI-FOLD, AND MECHANIZED SLIDING DOORS
IN CITY BUILDINGS. 0_
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7 WHEREAS, Inland Overhead Door submitted the lowest bid for the maintenance of w
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roll-up,bi-fold, and mechanized sliding doors in City buildings. °-
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9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE °
10 CITY OF SAN BERNARDINO AS FOLLOWS: s
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11 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
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12 and directed to execute on behalf of said City a Vendor Services Agreement between the City a
13 of San Bernardino and Inland Overhead Door, a copy of which is attached hereto, marked �
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Exhibit"A",and incorporated herein by reference as fully as though set forth at length.
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SECTION 2. 'That pursuant to this determination the Director of Administrative
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17 Services, or his designee, is hereby authorized and directed to issue an annual purchase order 0
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18 to Inland Overhead Door in the amount of$35,000 with two single year renewals at the City's o
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19 option. .a
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SECTION 3. The Purchase Order shall reference this Resolution Number and shall d
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read, "Inland Overhead Door for the maintenance of roll-up, bi-fold, and mechanized sliding
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doors in City buildings. Agreement not to exceed $35,000" and shall incorporate the terms C
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24 and conditions of the agreement. E
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25 SECTION 4. The authorization to execute the above referenced Agreement is a
26 rescinded if' it is not executed by both parties within sixty days of the passage of this
27 resolution.
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Packet Pg.395
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2014--91
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
2 SERVICES AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER
IN AN AMOUNT NOT TO EXCEED $35,000 WITH TWO SINGLE YEAR
3 RENEWALS AT THE CITY'S OPTION TO INLAND OVERHEAD DOOR FOR THE
4 MAINTENANCE OF ROLL-UP, BI-FOLD, AND MECHANIZED SLIDING DOORS r:
IN CITY BUILDINGS. o
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 0
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7 and Common Council of the City of San Bernardino at a joint regular meeting w
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thereof,held on the 7th day of_.p�,r.i1 , 2014, by the following vote,to wit: 0-
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9 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ, x d
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BARRIOS x
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13 VALDIVIA x _
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15 NICKEL x
16 JOHNSON x
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20 George n Hanna, C y Clerk
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21 The foregoing;resolution is hereby approved this day of April 2014. 0
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23 ` ' :
R. CAREY D IS, Mayor 0
24 City of San B rnardino
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Approved as to form:
26 GARY D. SAFNZ, City Attorney
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Packet Pg.396
2014-91
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VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND INLAND OVERHEAD DOOR FOR MAINTENANCE OF ROLL-UP, BI-FOLD
AND MECHANIZED SLIDING DOORS
This VENDOR Service Agreement is entered into this 7th day of April, 2014, by and
between Inland Overhead Door ("VENDOR") and the City of San Bernardino ("CITY" or
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"San Bernardino"), o
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WITNESSETH: y
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WHEREAS, the Mayor and Common Council has determined that it is advantageous w
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and in the best interest of the CITY to contract for maintenance of roll-up, bi-fold, and c
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mechanized sliding doors in City buildings 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 maintenance of roll-up, bi-fold, and mechanized sliding doors in City
buildings; and
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WHEREAS, VENDOR is the lowest bidder to provide said service to City; and
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NOW, THEREFORE,the parties hereto agree as follows: o
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L SCOPE OF SERVICES. 0
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For the remuneration stipulated, San Bernardino hereby ,engages the services of c
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VENDOR to provide those services as set forth in RFQ F-14-20, a copy of which is on file in
the Public Works Department and a copy of the Price Form is attached hereto as Attachment o
"I" and incorporated here by this reference.
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2. COMPENSATION AND EXPENSES.
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a. For the services delineated above, the CITY, upon presentation of an invoice, shall
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pay the VENDOR up to the amount of$35,000 for maintenance of roll-up, bi-fold,
and mechanized sliding doors in City buildings pursuant to RFQ F-14-20.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
Exhibit "A"
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Packet Pg. 397
2014-91
3. TERM; TERMINATION.
The term of this agreement shall be from April 7, 2014 through June 30, 2014, with two
(2) one-year extensions at the City's option. Option year one, if exercised, shall be effective
July 1, 2014 through dune 30, 2015. Option year two, if exercised, shall be effective July I,
201.5 through June 30, 2016. N
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This Agreement may be terminated at any time by thirty (30) days' written notice by
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either party. The terms of this Agreement shall remain in force unless amended by written w
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agreement of the parties executed on or before the date of expiration of current term of the c
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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, r-
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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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asserted upon any or alleged act or omission of VENDOR, its employees, agents, or c
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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 o
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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 o
its own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
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omissions. VENDOR hereby waives any and all rights to any types of express or implied
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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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2014-91
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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 statutory
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worker's compensation coverage, and shall file copies of said policies with the CITY's Risk N
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an N
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additional named insured in each policy of insurance provided hereunder. The Certificate of w
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Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior o
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to any change in or termination of the policy.
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G. NON-DISCRIMINATION.
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In the performance of this Agreement and in the hiring and recruitment of employees, r-
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VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, r,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or c
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sexual orientation, or any other status protected by law. 0
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7. INDEPENDENT CONTRACTOR. o
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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 o
CI'T'Y. VENDOR shall secure, at its expense, and be responsible for any and all payment of �
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
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Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
Exhibit"A"
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201.4-91
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S. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
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VENDOR warrants that it possesses or shall obtain, and maintain a business registratior
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
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to practice its business or profession. N
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NOTICES.
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Any notices to be given pursuant to this Agreement shall be deposited with the United w
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States Postal Service, postage prepaid and addressed as follows: c
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TO THE CITY: Public Works Director
300 North«D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140 a
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TO THE VENDOR: Inland Overhead Door =
12401 South La Cadena Drive
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Colton, CA 92324 It
Telephone: (909) 783-3131
Contact: Greg Sherrett
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9. ATTORNEYS' FEES.
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In the event that litigation is brought by any party in connection with this Agreement, W
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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 of
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its rights or remedies hereunder or the enforcement of any of the terms, conditions or c
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provisions hereof. Attorney's fees for the City Attorney and members of his office shall be
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calculated based on market rate for comparable services. _
10. ASSIGNMENT. a
VENDOR shall not voluntarily or 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
Exhibit"A"
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2014-91
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written consent. Any attempted assignment, transfer, subletting or encumbrance shall be voic
and shall constitute a breach of this Agreement and cause for the termination of thi,
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement. N
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11. VENUE.
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The parties hereto agree that all actions or proceedings arising in connection with this o
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Agreement shall be tried and litigated either in the State courts located in the County of San c
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Bernardino, State of California or the U.S. District Court for the Central District of California, d
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Riverside Division. The aforementioned choice of venue is intended by the parties to be
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mandatory and not permissive in nature.
12. GOVERNING LAW.
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This Agreement shall be governed by the laws of the State of California.
13. SUCCESSORS AND ASSIGNS. N
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement d
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and their respective heirs, representatives,successors, and assigns. o
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14. HEADINGS.
i The subject headings of the sections of this Agreement are included for the purposes of p
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convenience only and shall not affect the construction or the interpretation of any of its
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provisions. E
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15. SEVERABILITY.
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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 terms and provisions hereof or of the offending provision in any
Exhibit"A"
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other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
16. ENTIRE AGREEMENT; MODIFICATION.
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 manner N
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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. w
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Exhibit"A"
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VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND INLAND OVERHEAD DOOR FOR MAINTENANCE OF ROLL-UP, BI-FOLD
AND MECHANIZED SLIDING DOORS
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
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Dated: ,(5�1�( , 2014 INLAND OVERHEAD DOOR
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Dated
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By. O
A11e . Parker, City Manager
Approved as to Form:
Gary D. Saenz, City Attorney
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Exhibit "A"
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