HomeMy WebLinkAbout05.N- Public Works RESOLUTION (ID # 4437) DOC ID: 4437 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Purchase Order
From: Chris Alanis M/CC Meeting Date: 07/05/2016
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 Amendment Number Two to the Vendor Service Agreement with Fleet
Pride. (#4437)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $120,000.
Account No. 635-400-0100*5111
Account Description: Materials & Supplies
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
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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:
10-20-2010 Resolution No. 2010-349 was approved authorizing the City Manager to
execute the agreement between the City of San Bernardino and Fleet
Pride for heavy duty truck parts and vehicle brake work
11-12-13 Resolution No. 2013-304 was approved authorizing the increase of
purchase order 2014-1155 not to exceed $100,000
4-14-2015 Resolution No. 2015-67 was approved authorizing the increase of
purchase order not to exceed $120,000
Background:
The Public Works Department Fleet Division is responsible for maintaining the City's
heavy-duty vehicles. The heavy-duty truck and equipment play an essential role
keeping the City sewer lines, storm drains and streets and sidewalks compliant with all
State and Federal regulations. The Fleet Division has budgeted $120,000 to purchase
various related Parts and Supplies. The Fleet Division is requesting an extension of the
terms and condition for Purchase Order 2016-00000155 with Fleet Pride for one year.
This decision is based on pending decision and agreement with the City's Plan for
Adjustments. This extension will commence on July 2016 through June 2017.
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Updated: 6/27/2016 by Georgeann "Gigi" Hanna C „ acket� g `2�; 3
4437
City Attorney Review:
Supporting Documents:
Reso Amendment Two (DOC)
2010-349 (PDF)
agrmt. 4437 (PDF)
2013-196 (PDF)
2013-304 (PDF)
2015-067 (PDF)
Pac et P 296"
Updated: 6/27/2016 by Georgeann "Gigi" Hanna C
1 RESOLUTION NO.
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
4
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,
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12 WHEREAS, on April 6, 2015 by Resolution 2015-067 the Mayor and Common
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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, 3
16 WHEREAS, the Mayor and Common Council have determined that it is
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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.
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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 f San Bernardino and Fleet Pride a copy py of which is attached hereto, marked
26
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Exhibit"A" and incorporated herein by reference as fully as through as forth at length.
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1 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
5
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. _o
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9 SECTION 5. This purchase is exempt from the formal contract procedures of Section w
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3.04.010 of the Municipal Code, pursuant to Section 3.04.010 B.3 of said Code "Purchases j
11 approved by the Mayor and Common Council."
12
SECTION 6. The above authorizations are hereby rescinded and void and of no U.
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further effect if Amendment Number Two is not executed by all parties and returned to the Nt
15 Office of the City Clerk within sixty(60) days. 3
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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
5 and Common Council of the City of San Bernardino at a
6 meeting thereof, held on the day of , 2016, by the following vote,
7 to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ a
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11 BARRIOS
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12 VALDIVIA
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13 SHORETT
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14 NICKEL
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RICHARD
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19 Georgeann Hanna, CMC, City Clerk
20 The foregoing Resolution is hereby approved this day of ) 2016. s
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23 R. Carey Davis, Mayor
24 City of San Bernardino
Approved as to form:
25 Gary D. Saenz, City Attorney
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By:
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RESOLUTION NO. 2010-349
1
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 WITH TWO ONE-YEAR
EXTENSIONS AT THE CITY'S OPTION TO FLEET PRIDE FOR HEAVY-DUTY
4 VEHICLE BRAKE WORK, INCLUDING THE PURCHASE OF VARIOUS RELATED
5 PARTS AND SUPPLIES TO BE UTILIZED BY THE PUBLIC WORKS
DEPARTMENT, FLEET DIVISION.
6 WHEREAS, Fleet Pride submitted the lowest and best bid for the purchase of heavy-
7
duty vehicle brake work, including the purchase of various related parts and supplies per Bid
8
9 No. RFQ F-11-05; o
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10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE a
CITY OF SAN BERNARDINO AS FOLLOWS: w
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SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to >
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13 execute on behalf of said City an Agreement between the City of San Bernardino and Fleet a
14 Pride, a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by LL
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15 this reference as fully as though set forth at length. y
16 SECTION 2. That pursuant to this determination the Director of Finance or her M
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17 designee is hereby authorized to issue an Annual Purchase Order to Fleet Pride in the amount N
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18 CD
of$110,000 with two one-year extensions at the City's option. E
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20 SECTION 3. The Purchase Order shall reference this Resolution Number and shall ¢
21 read, "Fleet Pride for heavy-duty vehicle brake work, including the purchase of various related
22 parts and supplies. Agreement not to exceed $110,000" and shall incorporate the terms and
23 conditions of the agreement.
24 SECTION 4. The authorization to execute the above referenced Purchase Order and
25
Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
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27 passage of this resolution.
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2010-349
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH TWO ONE-YEAR
EXTENSIONS AT THE CITY'S OPTION TO FLEET PRIDE FOR HEAVY-DUTY
3 VEHICLE BRAKE WORK, INCLUDING THE PURCHASE OF VARIOUS RELATED
PARTS AND SUPPLIES TO BE UTILIZED BY THE PUBLIC WORKS
4 DEPARTMENT,FLEET DIVISION.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 joint
and Common Council of the City of San Bernardino at a regular meeting thereof, held
7
8 on the 18th day of October , 2010, by the following vote,to wit:
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10 Council Members: AYES NAYS ABSTAIN ABSENT
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11 MARQUEZ x
12 DESJARDINS x
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13 BRINKER x �
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16 KELLEY x M CD
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18 MCCAMMACK x
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21 Rac 1el G. Clark, City Clerk
22 The foregoing resolution is hereby approved this 2-01_�4 day of October ,
2010.
23
24 J. Morris, Ma
25 City of San Bernardino
Approved asto Form:
26
Ja s e an, City Attorney
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2010-349
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 18'h day of October 2010, by and
3 between Fleet Pride ("VENDOR") and the City of San Bernardino ("CITY" or "San
4 Bernardino").
5 WITNESSETH:
6
WHEREAS, the Mayor and Common Council has determined that it is advantageous
7
8 and in the best interest of the CITY to purchase heavy-duty vehicle brake work, including
9 purchase of various related parts and supplies; and o
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10 WHEREAS, the City of San Bernardino did solicit and accept bids from available
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11 vendors for the purchase heavy-duty vehicle brake work, including the purchase of various "C
12 related parts and supplies per RFQ F-11-05; and
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NOW,THEREFORE, the parties hereto agree as follows:
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1. SCOPE OF SERVICES. M
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16 For the remuneration stipulated, San Bernardino hereby engages the services of a)
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17 VENDOR to provide those products and services as set forth in RFQ F-11-05, for heavy-duty o
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18 vehicle brake work, including the purchase of various related parts and supplies, bid summary E
19 sheet attached hereto as Attachment"1" and incorporated herein by this reference.
20 a
2. COMPENSATION AND EXPENSES.
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a. For the services delineated above, the CITY, upon presentation of an invoice, shall
22
23 pay the VENDOR up to the amount of$110,000 for heavy duty vehicle brake work,
24 including the purchase of various related parts and supplies at the rate per the price
25 form in Attachment "1."
26 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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EXHIBIT"A„ #F?ackelP"R +3" '
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2010-349
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1 3. TERM; TERMINATION.
2 The term of this agreement shall be from October 18, 2010 through June 30, 2011, with
3 two (2) one-year extensions at the City's option. Option year one, if exercised, shall be
4 effective July 1, 2011 through June 30, 2012. Option year two, if exercised, shall be effective
5 July 1, 2012 through June 30,2013.
6
This Agreement may be terminated at any time by thirty (30) days' written notice by
7
8 either party. The terms of this Agreement shall remain in force unless amended by written
9 agreement of the parties executed on or before the date of expiration of current term of the
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10 agreement. a
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11 4. INDEMNITY. a
12 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
14
any kind and nature arising from bodily injury, including death, or property damage, based or
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16 asserted upon any or alleged act or omission of Vendor, its employees, agents, or CD
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17 subcontractors, relating to or in any way connected with the accomplishment of the work or o
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18 performance of service under this Agreement, unless the bodily injury or property damage was
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19 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 its
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own expense, including attorney's fees the City, its elected officials, employees, agents or
22
23 representatives from any and all legal actions based upon such actual or alleged acts or
24 omissions. Vendor hereby waives any and all rights to any types of express or implied
25 indemnity against the City, its elected officials, employees, agents or representatives, with
26 respect to third party claims against the Vendor relating to or in any way connected with the
27 accomplishment of the work or performance of services under this Agreement.
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2010-349
4
1 5. INSURANCE.
2 While not restricting or limiting the foregoing, during the term of this Agreement,
3 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
4 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
5 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
6
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
7
8 additional named insured in each policy of insurance provided hereunder. The Certificate of
9 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or o
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10 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any x
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12 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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15 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
16 discrimination in employment of persons because of their race, religion, color, national origin,
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17 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or N
18 sexual orientation, or any other status protected by law.
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19 7. INDEPENDENT CONTRACTOR. cc
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and
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22 purposes VENDOR shall be an independent contractor and not an agent or employee of the
23 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
24 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
25 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
26 employees, and all business licenses, if any are required, in connection with the services to be
27 performed hereunder.
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2010-349
1 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
2 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
3 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
4 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
5
to practice its business or profession.
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NOTICES.
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8 Any notices to be given pursuant to this Agreement shall be deposited with the United
9 States Postal Service,postage prepaid and addressed as follows: o
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10 TO THE CITY: Public Works Director a
300 North "D" Street w
11 San Bernardino, CA 92418 N
12 Telephone: (909) 384-5140 >
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13 TO THE VENDOR: Fleet Pride a.
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5751 East Santa Ana Street a
14 Ontario, CA 91761 ``
15 Telephone: (909) 605-0677 M
Contact: Brad Segler
16 9. ATTORNEYS' FEES. It
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In the event that litigation is brought by any party in connection with this Agreement, N
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19 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
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20 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of Q
21 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
22 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
23 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
24 fees" for the purposes of this paragraph.
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2010-349
1 10. ASSIGNMENT.
2 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
3 encumber all or any part of the VENDOR's interest in this Agreement without CITY'S prior
4 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
5 and shall constitute a breach of this Agreement and cause for the termination of this
6
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
7
8 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
9 hereunder for the term of this Agreement. o
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10 11. VENUE. °'
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11 The parties hereto agree that all actions or proceedings arising in connection with this co
12 Agreement shall be tried and litigated either in the State courts located in the County of San
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13 Bernardino, State of California or the U.S. District Court for the Central District of California, 22,
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Riverside Division. The aforementioned choice of venue is intended by the parties to be M
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16 mandatory and not permissive in nature.
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17 12. GOVERNING LAW. N
18 This Agreement shall be governed by the laws of the State of California.
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19 13. SUCCESSORS AND ASSIGNS. ca
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This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
21
and their respective heirs, representatives, successors, and assigns.
22
23 14. HEADINGS.
24 The subject headings of the sections of this Agreement are included for the purposes of
25 convenience only and shall not affect the construction or the interpretation of any of its
26 provisions.
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2010-349
1 15. SEVERABILITY.
2 If any provision of this Agreement is determined by a court of competent jurisdiction to
3 be invalid or unenforceable for any reason, such determination shall not affect the validity or
4 enforceability of the remaining terms and provisions hereof or of the offending provision in any
5 other circumstance, and the remaining provisions of this Agreement shall remain in full force
6
and effect.
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8 16. ENTIRE AGREEMENT;MODIFICATION.
9 This Agreement constitutes the entire agreement and the understanding between the o
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10 parties, and supercedes any prior agreements and understandings relating to the subject manner
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11 of this Agreement. This Agreement may be modified or amended only by a written instrument co
12 executed by all parties to this Agreement. °
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2010-349
1 VENDOR SERVICE AGREEMENT
FLEET PRIDE
2
3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
4 date set forth below.
5
6 Dated: Oa, 2 , 2010 Fleet Pride
7 ay:
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9 2
Dated 40 , 2010 CITY SAN ERNA O
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11 Charles E. McNeely,(City Wager co
12 Approved as to Form:
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By:
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14 Jame . Penman, City Attorney
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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 __ day of
, 20 , 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,
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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"). w
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WITNESSETH : >
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WHEREAS, on November 5, 2013 by Resolution 2013-304 the Mayor and Common a
Council of the CITY authorized the City Manager to execute that certain agreement entitled
"Vendor Services Agreement with Fleet Pride"(the"Agreement"); and, u.
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WHEREAS, the term of the Agreement was from November 30, 2013 to June 30, 2014, 10
with two one-year extensions authorizing the City Manager to extend the term of the Agreement
to June 30, 2016; and,
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WHEREAS, on April 6, 2015 by Resolution 2015-067 the Mayor and Common Council E
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,
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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, Q
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:
L 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 l of 3
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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 tei-rns and conditions of said Agreement shall remain in full force and effect.
[Signature Page Follows]
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AMENDMENT NUMBR TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND FLEET PRIDE
PageZof3
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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:
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Its:
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Dated ,2016 CITY OF SAN BERNARDINO
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By: LL
Mark Scott, City Manager
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APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
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AMENDMENT NUMBR TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND FLEET PRIDE
Page 3 of 3
1 RESOLUTION NO. 2013 196
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT
3 TO THE VENDOR SERVICE AGREEMENT WITH FLEET PRIDE EXTENDING
4 THE AGREEMENT BY FOUR MONTHS TO OCTOBER 31, 2013, AND
INCREASING PURCHASE ORDER NO. 2013-00000105 BY $30,000 FOR THE
5 PURCHASE OF VARIOUS RELATED PARTS AND SUPPLIES IN FY 2013/14,
PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE.
6
7 WHEREAS, the Fleet Division is requesting an amendment to the Vendor Service
S Agreement and extension for four months in the amount of $30,000 to Contract Purchase
9 Order No. 2013-00000105 in order to purchase heavy duty vehicle brake work, including the o
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10 purchase of various related parts and supplies in FY 2013/14 w
11 a
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE >
12 CITY OF SAN BERNARDINO AS FOLLOWS:
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13 �
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to
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14 execute on behalf of said City Amendment No. 1 to the Vendor Service Agreement between
15
the City of San Bernardino and Fleet Pride, a copy of which is attached hereto, marked
16
1 Exhibit"A"and incorporated herein by reference as fully as though set forth at length.
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18 SECTION 2. The Mayor and Common Council hereby authorize the Director of
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19 Finance or his/her designee to extend Contract Purchase Order No. 2013-00000105 from July
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20 1, 2013, until October 31, 2013, for a total not-to-exceed amount of$30,000 for the purchase a
21
of heavy duty vehicle brake work, including the purchase of various related parts and
22
23 supplies.
24 SECTION 3. This purchase is exempt from the formal contract procedures of Section
25 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code "Purchases
26 approved by the Mayor and Common Council."
27
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2013-196
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT
2 TO THE VENDOR SERVICE AGREEMENT WITH FLEET PRIDE EXTENDING
THE AGREEMENT BY FOUR MONTHS TO OCTOBER 31, 2013, AND
3 INCREASING PURCHASE ORDER NO. 2013-00000105 BY $30,000 FOR THE
4 PURCHASE OF VARIOUS RELATED PARTS AND SUPPLIES IN FY 2013/14,
PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint adjourned regular
7 and Common Council of the City of San Bernardino at a meeting thereof, held
8 on the 1st day of July , 2013,by the following vote, to wit:
9
Council Members: AYES NAYS ABSTAIN ABSENT
10 X
11 MARQUEZ x
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12 JENKINS x
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® 13 VALDIVIA x
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14 SHORETT x
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15 KELLEY x
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1,7 JOHNSON x o
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18 MCCAMMACK x
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20 George���I / a, Ci�rk,Y / �'
21 pry, i
The foregoing resolution is hereby approved this c) day of Julv ,2013.
22
23
24 Pa ick J. Mo is, Mayor
25 City o ernardino
Approv d as to Form:
26
2 By:
7
J s F. Pen an, City Attorney
28
2013-196
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT
2 TO THE VENDOR SERVICE AGREEMENT WITH FLEET PRIDE EXTENDING
THE AGREEMENT BY FOUR MONTHS TO OCTOBER 31, 2013, AND
3 INCREASING PURCHASE ORDER NO. 2013-00000105 BY $30,000 FOR THE
4 PURCHASE OF VARIOUS RELATED PARTS AND SUPPLIES IN FY 2013/14,
PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE.
5
SECTION 4. The Contract Purchase Order shall reference this Resolution and shall
6
read, "Fleet Pride for the purchase of heavy duty vehicle brake work, including the purchase
7
8 of various related parts and supplies" and shall incorporate the terms and conditions of the
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10 SECTION 5. The authorization to execute the above-referenced Contract Purchase
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11 Order and Agreement is rescinded if not issued within sixty (60) days of the passage of this co
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2013-196
EXHIBIT"A"
AMENDMENT NO. 1
TO VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND FLEET PRIDE
This AMENDMENT is made and entered into this 1st day of July
2013, by and between the CITY OF SAN BERNARDINO, California, a municipal
corporation,hereinafter referred to as the"City" and Fleet Pride, hereinafter referred to as
"Vendor."
WITNESSETH:
A. WHEREAS, on October 18, 2010, the Mayor and Common Council
adopted Resolution No. 2010-349 approving Vendor Service Agreement in the amount of
$110,000.00 for heavy duty vehicle brake work,including parts and supplies; and ,°-�
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B. WHEREAS,the current expiration date is June 30 2013; and w
C. WHEREAS, the City and Vendor wish to extend the Vendor Service >
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Agreement for an additional four(4)months;
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• NOW THEREFORE, the parties hereto agree as follows: a
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1. Section 2 "Compensation" of said Vendor Service Agreement is amended to add the M
following:
A. The compensation to Vendor is hereby increased by$30,000. o
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B. The total not-to-exceed compensation to date for this Vendor Service Agreement is
E
as follows:
Description Amount
Original Agreement $ 110,000.00
Amendment No. 1 $ 30,000.00
Total $ 140,000.00
2. Section 3 of said Vendor Service Agreement is amended to add the following: "The
term of this Agreement is hereby extended to October 31,2013,unless terminated
earlier as provided in the original Agreement."
P a�
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2013-196
Amendment No. 1 to Vendor Service Agreement with Fleet Pride
91 A
3. All other terms and conditions of said Vendor Service Agreement as amended
approved by Resolution No. 2010-349 shall remain unchanged.
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2013-196
Amendment No. I to Vendor Service Agreement with Fleet Pride
AMENDMENT NO. 1
TO VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND FLEET PRIDE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first shown above.
CITY OF SAN BERNARDINO FLEET PRIDE
by: by:
Allen Parker, City Manager Signature o
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Print Name/Title
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ATTEST:
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Georgeann Hanna, City Clerk
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Approved as to form: N
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James F. Penman
City Attorney
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2013-196
EXHIBIT"A"
AMENDMENT NO. 1
TO VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND FLEET PRIDE
This AMENDMENT is made and entered into this 1st day of July ,
2013, by and between the CITY OF SAN BERNARDINO, California, a municipal
corporation,hereinafter referred to as the"City" and Fleet Pride, hereinafter referred to as
"Vendor."
WITNESSETH:
A. WHEREAS, on October 18, 2010, the Mayor and Common Council
adopted Resolution No. 2010-349 approving Vendor Service Agreement in the amount of
$110,000.00 for heavy duty vehicle brake work, including parts and supplies; and •y
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B. WHEREAS,the current expiration date is June 30 2013; and w
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C. WHEREAS, the City and Vendor wish to extend the Vendor Service >
Agreement for an additional four(4) months; a
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f NOW THEREFORE,the parties hereto agree as follows:
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1. Section 2 "Compensation" of said Vendor Service Agreement is amended to add the M
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following:
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A. The compensation to Vendor is hereby increased by$30,000.
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B. The total not-to-exceed compensation to date for this Vendor Service Agreement is
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as follows:
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Description Amount
Original Agreement $ 110,000.00
Amendment No. 1 $ 30,000.00
Total $ 140,000.00
2. Section 3 of said Vendor Service Agreement is amended to add the following: "The
term of this Agreement is hereby extended to October 31, 2013, unless terminated
earlier as provided in the original Agreement."
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2013-196 fy
COW Amendment No. 1 to Vendor Service Agreement with Fleet Pride
3. All other terms and conditions of said Vendor Service Agreement as amended
approved by Resolution No. 2010-349 shall remain unchanged.
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Amendment No. 1 to Vendor Service Agreement with Fleet Pride
AMENDMENT NO. 1
TO VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND FLEET PRIDE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first shown above.
CITY OF SAN BERNARDINO FLEET PRIDE
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by:
A Parker, City Manager ig atur o
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Georgeann Udnna, City 6&k M
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City Attorney =
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§9
RESOLUTION NO. 2013-304
1
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.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7 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;
9 0
SECTION 1. The City Manager is hereby authorized to execute the Vendor Service
10
X
11 Agreement with Fleet Pride, a copy of which is attached hereto, marked Exhibit "A" and Q
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12 incorporated herein.
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13
SECTION 2. The Mayor and Common Council hereby authorize the Director of �
a
14 Administrative Services or his designee to increase to Purchase Order 2014-1155 by $70,000 ti
15
for a total not-to-exceed $100,000 for the purchase of heavy duty truck parts and supplies.
16
17 SECTION 3. The Contract Purchase Order shall reference this Resolution and shall M
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18 read, "Fleet Pride for the purchase of heavy duty truck parts and supplies" and shall w
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19 incorporate the terms and conditions of the Agreement.
20 �
SECTION 4. The authorization to execute the above referenced Contract Purchase `Z
21
Order and agreement is rescinded if not issued and signed within sixty (60) days of the
22
23 passage of this resolution.
24 ///
25 ///
26
27
28
c�e ; ?
2013-304wek
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
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 oint regular Common Council of the City of San Bernardino at aj g meeting thereof, held
6
7 on the 4th day of November ,2013, by the following vote,to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ x o
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10
JENKINS x w
11 �
12 VALDIVIA x >
13 SHORETT x o.
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14 VACANT U_
n.
15 JOHNSON ` x
16 MCCAMMACK x M Iq
17 0
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18
19 Geoidkann Hanridi Clerk r
20 The foregoing resolution is hereby approved this c`7� day of a
November , 2013.
21
22 trick J. M is, Mayor
23 City ernardino
Approved as to form:
24 James F. Penman,
25 City Attorney
26 By:
27
28
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
and in the best interest of the City to contract for the purchase of specific parts and supplies and
related repair services for City vehicles and equipment as needed; and o
c
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; Cn
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NOW, THEREFORE, the parties hereto agree as follows:
a.
1. SCOPE OF SERVICES.
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For the remuneration stipulated, San Bernardino hereby engages the services of Vendor
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to provide specific parts and supplies as needed to be utilized by the Public Works Department o
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Fleet Management Division for City vehicles and equipment. N
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2. COMPENSATION AND EXPENSES. a
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a. For the products and/or services delineated above, the City, upon presentation of an
invoice, shall pay the Vendor up to the amount not to exceed $100,000 for the parts
and supplies as needed, in accordance with the Price List in Vendor's Bid submitted
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"
1
r $ i
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.
4. WARRANTY.
Vendor expressly warrants that all products and services supplied to City by Vendor
0
under this agreement shall conform to the specifications, drawings or other description upon a
X
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which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, <
of good material and workmanship, free from defects and free and clear of all liens or
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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 o
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services not conforming to the foregoing warranty without expense to the City, when notified o
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of such non-conformity by City. If Vendor fails to correct the defects or replace non- ;
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conforming goods or services promptly, City may, after reasonable notice to Vendor, make
a
such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for
purposes of this section shall not be deemed to require more than 60 calendars days notice
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
® representatives, free and harmless from all claims, actions, damages and liabilities of any kind
Exhibit"A"
2
2013-304 , 5,N,er'
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,
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 omissions. Vendor o
.y
hereby waives any and all rights to any types of express or implied indemnity against the City, X
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its elected officials, employees, agents or representatives, with respect to third party claims <
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against the Vendor relating to or in any way connected with the accomplishment of the work or
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performance of services under this Agreement.
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6. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement, o
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Vendor shall maintain in effect policies of comprehensive public, general and automobile N
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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 coo
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Manager prior to undertaking any work under this Agreement. City shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
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 m, nor permit its officers, employees or agents to engage in,
Exhibit"A
3
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4t26 yry
2013-3045rNy
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
of the City's Municipal Code, and any other license, permit, qualification, insurance and
approval of whatever nature that are legally required of Vendor to practice its business or -F.2
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profession. x
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9. NOTICES. ai
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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
300 North"D" Street
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San Bernardino, CA 92418 M
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Telephone: (909) 384-5140 0
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TO THE VENDOR: Fleet Pride a
5751 E. Santa Ana Street s
Ontario, CA 91761
Telephone: (909) 605-0677
Attn: Account Manager
10. ATTORNEYS' FEES.
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
10 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
p � Y p tY
Exhibit"A"
4
rl'Ia4elietg�
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
written consent shall be void and shall constitute a breach of this Agreement and cause for the
termination of this Agreement. Regardless of City's consent, no subletting or assignment shall o
.y
release Vendor of Vendor's obligation to perform all other obligations to be performed by
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Vendor hereunder for the term of this Agreement.
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12. VENUE.
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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 Cq
7
Bernardino, State of California or the U.S. District Court for the Central District of California, o
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Riverside Division. The aforementioned choice of venue is intended by the parties to be N
mandatory and not permissive in nature. CD
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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.
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"
5
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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
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 o
.y
other circumstance, and the remaining provisions of this Agreement shall remain in full force
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and effect. vi
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17. ENTIRE AGREEMENT; MODIFICATION.
o.
This Agreement constitutes the entire agreement and the understanding between the a
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parties, and supersedes any prior agreements and understandings relating to the subject manner
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of this Agreement. This Agreement may be modified or amended only by a written instrument c
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executed by all parties to this Agreement. N
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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: , 2013 FLEET PRIDE
By:
Name/Title:
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Dated 72013 CITY OF SAN BERNARDINO
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By:
Allen Parker, City Manager
Approved as to form: a
James F. Penman,
City Attorney LL
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Exhibit"A"
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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
and in the best interest of the City to contract for the purchase of specific parts and supplies and
related repair services for City vehicles and equipment as needed; and o
.2
WHEREAS, Vendor Fleet Pride of Ontario, CA was the lowest bidder in RFQ F-14-10 a
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on 21 of the 32 specified items requested in the Bid Document; Q
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NOW, THEREFORE, the parties hereto agree as follows:
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O 1. SCOPE OF SERVICES. a
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For the remuneration stipulated, San Bernardino hereby engages the services of Vendor M
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to provide specific parts and supplies as needed to be utilized by the Public Works Department c
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Fleet Management Division for City vehicles and equipment. o
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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
a
invoice, shall pay the Vendor up to the amount not to exceed $100,000 for the parts
and supplies as needed, in accordance with the Price List in Vendor's Bid submitted
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"
1
l'�cket Pg33l,g`
2013-304 MM1511JN ff
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.
4. WARRANTY.
Vendor expressly warrants that all products and services supplied to City by Vendor o
N
under this agreement shall conform to the specifications, drawings or other description upon x
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which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable,
a�
of good material and workmanship, free from defects and free and clear of all liens or
%"77 a.
encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect a
U.
Vendor's obligations under this warranty, and such warranty shall survive inspections, testing,
acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or o
M
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services not conforming to the foregoing warranty without expense to the City, when notified N
of such non-conformity by City. If Vendor fails to correct the defects or replace non-
conforming goods or services promptly, City may, after reasonable notice to Vendor, make
a
such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for
purposes of this section shall not be deemed to require more than 60 calendars days notice
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 of
actions damages and liabilities of an kind
representatives, free and harmless from all claims, g y
Exhibit"A"
2
4 � II 332
2013-304
AV ik
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,
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 omissions. Vendor o
V)
hereby waives any and all rights to any types of express or implied indemnity against the City, x
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its elected officials, employees, agents or representatives, with respect to third party claims N
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against the Vendor relating to or in any way connected with the accomplishment of the work or a
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performance of services under this Agreement.
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6. INSURANCE. M
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While not restricting or limiting the foregoing, during the term of this Agreement, c
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Vendor shall maintain in effect policies of comprehensive public, general and automobile N
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory E
s
worker's compensation coverage, and shall file copies of said policies with the City's Risk cc
Q
Manager prior to undertaking any work under this Agreement. City shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
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 nor,e en g a g in permit its officers, employees or agents to engage in,
Exhibit"A"
3
2013-304 +r
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
of the City's Municipal Code, and any other license, permit, qualification, insurance and
approval of whatever nature that are legally required of Vendor to practice its business or o
y
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profession.
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9. NOTICES.
a�
Any notices to be given pursuant to this Agreement shall be deposited with the United
a
States Postal Service,postage prepaid and addressed as follows:
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TO THE CITY: Public Works Director
300 North"D" Street c
San Bernardino, CA 92418 M
Telephone: (909) 384-5140 N
TO THE VENDOR: Fleet Pride
5751 E. Santa Ana Street Ec
U
Ontario, CA 91761
Telephone: (909) 605-0677 ¢
Attn: Account Manager
10. ATTORNEYS' FEES.
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"
4
f,'Pac ket�g�3�3
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
written consent shall be void and shall constitute a breach of this Agreement and cause for the
termination of this Agreement. Regardless of City's consent, no subletting or assignment shall o
N
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release Vendor of Vendor's obligation to perform all other obligations to be performed by x
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Vendor hereunder for the term of this Agreement.
12. VENUE.
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The parties hereto agree that all actions or proceedings arising in connection with this a)
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Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
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Riverside Division. The aforementioned choice of venue is intended by the parties to be N
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.
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"
5
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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
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 o
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other circumstance, and the remaining provisions of this Agreement shall remain in full force
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and effect.
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17. ENTIRE AGREEMENT; MODIFICATION.
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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
of this Agreement. This Agreement may be modified or amended only by a written instrument c
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executed by all parties to this Agreement. N
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Exhibit"A"
6
{ Ack
2013-304 '5
PURCHASE AGREEMENT
FLEET PRIDE
IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: ,VOV' �-� , 2013 FLEE E
Name/Title: �i
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Dated JYl/n-h&g , 2013 CITY OF SAN B ARDINO
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By: >
Al ker, City Manager
Approved as to form:
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James F. Penman,
City Attorney °'
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Exhibit"A"
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1 RESOLUTION NO. 2015-67
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
6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
7 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
8
SECTION 1. The City Manager is hereby authorized to execute a First Amendment
9 0
to the Vendor Service Agreement between Fleet Pride and the City of San Bernardino,
10 x
n attached hereto as Exhibit"A"and incorporated herein. Q
12 SECTION 2. The Director of Finance, or designee, is hereby authorized to increase a
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Purchase Order No. 2014-00000135 to an amount not to exceed$120,000.00.
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� Pacl�iet,Pg�338 �'
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
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
8 6th day of April, 2015, by the following vote, to wit:
9 0
Council Members: AYES NAYS ABSTAIN ABSENT
10
x
11 MARQUEZ X Q
12 BARRIOS X
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13 VALDIVIA X
14 SHORETT X U.
15
NICKEL X
16
JOHNSON X
17
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18 MULVIHILL X
19 � s
20
Georgeadi Hanna, ' y Clerk
21 -►''�
The foregoing resolution is hereby approved this �d — day of April, 2015.
22
23 �-
24 R. Carey Dav' , Mayor
City of San 8emardino
25
Approved as to form:
26 Gary D. Saenz, City Attorney
27
28 By: cC-u-r-
2
2015-67
1 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
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10 WHEREAS, VENDOR is a Select Source Vendor and was awarded a contract by the
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11 Mayor and Common Council on November 4, 2013, Resolution 2013-304, in the amount of x
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$100,000. a�
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14 NOW, THEREFORE, the parties hereto agree as follows:
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15 1. Section 2, Compensation and Expenses of the Agreement is hereby amended to `.`.
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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. u
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2015-67
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.
5
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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Dated: ,2015 CITY OF SAN BENARDINO °"
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15 By: ti
16 Allen J. Parker, City Manger
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18 APPROVED AS TO FORM: N
19 Gary D. Saenz, City Attorney
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20 By: e2
21 (fD a
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2015-6 7
1 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
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10 WHEREAS, VENDOR is a Select Source Vendor and was awarded a contract by the 'M
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11 Mayor and Common Council on November 4, 2013, Resolution 2013-304, in the amount of w
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$100,000.
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NOW, THEREFORE,the parties hereto agree as follows:
15 1. Section 2, Compensation and Expenses of the Agreement is hereby amended to
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16 increase the payment to VENDOR to an amount not to exceed$120,000
ti 17 2. All other terms and conditions of the Agreement shall remain in full force and CD
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effect.
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2015-67
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.
5
6 IN WITNESS THEREOF, the parties hereto have executed this on the day and date
7 set forth below.
8
9
10 Dated: ,2015 Fleet P '_
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Its:
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14 Dated: y �✓� ,2015 CITY OF SAN BENARDINO
15 By: G-✓
16 Allen J.
'Parker, City Manger
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18 APPROVED AS TO FORM: N
19 Gary D. Saenz, City Attorney
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