HomeMy WebLinkAbout05.Q- Public Works RESOLUTION (ID # 3565) DOC ID: 3565 F
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Budget Amendment
From: Tony Frossard M/CC Meeting Date: 11/17/2014
Prepared by: Linda Dortch, (909) 384-
5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
and Directing the Director of Finance to Appropriate an Additional $100,000 to Account
No. 126-400-0088-5505 "Other Professional Services" Using Previously Unallocated
HUTA (Gas Tax) Funds (Fund 126); Amend the FY 2014-15 Budget Accordingly;
Authorize the Execution of a First Amendment to the Agreement with Environmental
Project Services, Inc.; and Increase Annual Purchase Order No. 2015-26 for an Amount
Not to Exceed $300,000 for Concrete Maintenance Services. (#3565)
Current Business Registration Certificate: Yes
Financial Impact:
Appropriate $100,000 from Unallocated HUTA (gas tax) into the Department of Public
Works operations for the purpose of repairing concrete city-wide. These funds will be
added to an established purchase order in an amount not to exceed $300,000 for City-
wide concrete repairs.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
4/21/14 Resolution No. 2014-111 was approved, authorizing the execution of an
agreement and issuance of an annual purchase order in the amount of
$200,000 to Environmental Project Services, Inc. for concrete maintenance
services.
Background:
The Public Works Department, Operations and Maintenance Division, maintains
sidewalks, curbs, gutters, and cross gutters. Currently there are 1,178 open requests
for concrete repair and maintenance. Keeping the sidewalks, curbs, gutters, and cross
gutters in good repair is essential to the safety of the public.
On February 13, 2014, a formal bid process was initiated per RFQ F-14-18.
Environmental Project Services, Inc. was determined to be the lowest bidder for
concrete maintenance services. On April 21, 2014, the Mayor and Common Council
authorized the execution of an agreement and issuance of Annual Purchase Order
2015-26 in the amount of$200,000.
Because of the large number of locations that need repair, staff is requesting that the
Updated: 11/12/2014 by Georgeann "Gigi" Hanna F Packet Pg. 323
5.Q
3565
Mayor and Common Council authorize the amendment to the FY 2014-15 Budget by
appropriating an additional $100,000 to Account No. 126-400-0088-5505 "Other
Professional Services," using previously unallocated HUTA (Gas Tax) funds (Fund 126);
and authorize the execution of a First Amendment to the Agreement with Environmental
Project Services, Inc., and increase Annual Purchase Order No. 2015-26 for an amount
not to exceed $300,000 for concrete maintenance services.
City Attorney Review:
Supporting Documents:
Reso Environmental Project Services First Amend (DOC)
agrmt 3565 (PDF)
Reso 2014-111 (PDF)
Vendor Service Agreement (PDF)
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Updated: 11/12/2014 by Georgeann "Gigi" Hanna F Packet Pg.324
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF
3 FINANCE TO APPROPRIATE AN ADDITIONAL $100,000 TO ACCOUNT NO. 126-
4 400-0088-5505 "OTHER PROFESSIONAL SERVICES" USING PREVIOUSLY
UNALLOCATED HUTA (GAS TAX) FUNDS (FUND 126); AMEND THE FY 2014-15
5 BUDGET ACCORDINGLY; AUTHORIZE THE EXECUTION OF A FIRST 2
AMENDMENT TO THE AGREEMENT WITH ENVIRONMENTAL PROJECT
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6 SERVICES, INC.; AND INCREASE ANNUAL PURCHASE ORDER NO. 2015-26 FOR
AN AMOUNT NOT TO EXCEED $300,000 FOR CONCRETE MAINTENANCE
7 SERVICES. d
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNDIL OF THE
9 CITY OF SAN BERNARDINO AS FOLLOWS:
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10 SECTION 1. The City Manager and the Director of Finance are hereby authorized 0
11 and directed to amend the FY 2014-15 Budget and appropriate an additional $100,000 to ;°
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Account No. 126-400-0088-5505 "Other Professional Services" for concrete maintenance c
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14 services from previously unallocated HUTA (Gas Tax) funds (Fund 126). N
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15 SECTION 2. The City Manager is hereby authorized and directed to execute a First
16 Amendment to the Vendor Service Agreement with Environmental Project Services, Inc., a 4)
17 copy of which is attached and incorporated herein as Exhibit "A," in the total amended
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19 amount of $300,000 with three (3) one-year extensions at the City's option, for concrete c
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maintenance services. E
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21 SECTION 3. The Director of Finance or his/her designee is hereby authorized and =
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22 directed to increase Annual Purchase Order No. 2015-26 for an amount not to exceed a
23 $300,000, which shall reference this Resolution and shall incorporate the terms and conditions a
24
of this Agreement.
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26 SECTION 4. The authorization to execute the above-referenced Agreement is
27 rescinded if it is not executed by both parties within sixty (60) days of the passage of this
28 Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF
2 FINANCE TO APPROPRIATE AN ADDITIONAL $100,000 TO ACCOUNT NO. 126-
400-0088-5505 "OTHER PROFESSIONAL SERVICES" USING PREVIOUSLY
3 UNALLOCATED HUTA (GAS TAX) FUNDS (FUND 126); AMEND THE FY 2014-15
4 BUDGET ACCORDINGLY; AUTHORIZE THE EXECUTION OF A FIRST
AMENDMENT TO THE AGREEMENT WITH ENVIRONMENTAL PROJECT m
5 SERVICES, INC.; AND INCREASE ANNUAL PURCHASE ORDER NO. 2015-26 FOR 2
AN AMOUNT NOT TO EXCEED $300,000 FOR CONCRETE MAINTENANCE
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6 SERVICES.
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a meeting E
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10 thereof, held on the day of , 2014, by the following vote, to wit: c
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11 Council Members: AYES NAYS ABSTAIN ABSENT Ln
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12 MARQUEZ
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BARRIOS E
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VALDIVIA
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16 SHORETT
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17 NICKEL �
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19 MULVIHILL =
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Georgeann Hanna, City Clerk w
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22 The foregoing resolution is hereby approved this day of , 2014.
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24 R. CAREY DAVIS, Mayor
25 City of San Bernardino Q
Approved as to form:
26 GARY D. SAENZ
City Attorney
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By'
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EXHIBIT "A"
FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT WITH
ENVIRONMENTAL PROJECT SERVICES, INC. FOR
CONCRETE MAINTENANCE SERVICES
This First Amendment to a Vendor Service Agreement with
Environmental Project Services, Inc. for Concrete Maintenance Services is
entered into this day of 2014, by and between Environmental
Project Services, Inc. ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino').
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WITNESSETH:
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WHEREAS, the Mayor and Common Council has determined that it is M
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advantageous and in the best interest of the CITY to contract for concrete maintenance L
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services; and
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WHEREAS, VENDOR was the lowest responsible bidder for concrete M
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maintenance services per RFQ F-14-18 and was awarded a contract by the Mayor and M
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Common Council on April 21, 2014 by Resolution 2014-111, in the amount of
$200,000 ("Agreement").
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NOW, THEREFORE,the parties hereto agree as follows: o
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1. Section 2, Compensation and Expenses, of the Agreement is hereby amended to
increase the payment to VENDOR by $100,000 for an amount not to exceed
$300,000.
2. All other terms and conditions of the Agreement shall remain in full force and
effect.
Exhibit "A"
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EXHIBIT "A"
FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT WITH
ENVIRONMENTAL PROJECT SERVICES, INC. FOR
CONCRETE MAINTENANCE SERVICES
IN WITNESS THEREOF, the parties hereto have executed the Agreement on
the day and date first above written.
Dated: , 2014 ENVIRONMENTAL PROJECT
SERVICES, INC.
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Dated: 52014 CITY OF SAN BERNARDINO v
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By: W
Allen J. Parker, City Manager
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Approved as to form: 0
Gary D. Saenz, City Attorney
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Exhibit"A"
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1 RESOLUTION N O, 2014-111
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
4 $200,000 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
ENVIRONMENTAL PROJECT SERVICES, INC., FOR CONCRETE
5 MAINTENANCE SERVICES.
6 WHEREAS, Environmental Project Services, Inc. was determined to be the lowest
7 bidder for concrete maintenance services.
8
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
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CITY OF SAN BERNARDINO AS FOLLOWS:
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11 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized Q
12 and directed to execute on behalf of said City a Vendor Services Agreement between the City 2
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13 of San Bernardino and Environmental Project Services, Inc., a copy of which is attached
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hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth LO
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at length.
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17 SECTION 2. That pursuant to this determination the Director of Administrative
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18 Services or his designee is hereby authorized to issue an annual purchase order to 0
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19 Environmental Services, Inc. in the amount of$200,000 with three (3) one-year extensions at
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the City's option. s
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SECTION 3. The Purchase Order shall reference this Resolution Number and shall Q
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23 read, "Environmental Project Services, Inc. for concrete maintenance services. Agreement
24 not to exceed$200,000"and shall incorporate the terms and conditions of the Agreement.
25 SECTION 4. The authorization to execute the above referenced Purchase Order and
26 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
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passage of this resolution.
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2014-111
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
$200,000 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
3 ENVIRONMENTAL PROJECT SERVICES, INC., FOR CONCRETE
4 MAINTENANCE SERVICES.
5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a n,n r rp � meeting
7 thereof, held on the 21stday of_April , 2014, by the following vote,to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ _ x
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11 BARRIOS x
12 VALDIVIA x
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15 NICKEL x _. _ LO
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16 JOHNSON _ x
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The foregoing resolution is hereby approved this 3 r day of April. ,2014. E
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23 R. CAREY D IS, Mayor
City of San B rnardino
24 Approved as to form:
25 GARY D. SAENZ, City Attorney
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2014-111
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND ENVIRONMENTAL PROJECT SERVICES, INC. FOR CONCRETE
MAINTENANCE SERVICES
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This VENDOR Service Agreement is entered into this 21st day of April, 2014, by and
between Environmental Project Services, Inc. ("VENDOR.") and the City of San Bernardino
("CI'T'Y" or"San Bernardino").
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WHEREAS, the Mayor and Common Council has determined that it is advantageous
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and in the best interest of the CITY to contract for concrete maintenance services and; C
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WHEREAS, The City of San Bernardino did solicit and accept quotes from available E-
VENDORs for such concrete maintenance services; and °)
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WHEREAS,VENDOR is the lowest bidder to provide said service to City; and 0
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NOW, THEREFORE,the parties hereto agree as follows:
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1. SCOPE OF SERVICES.
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For the remuneration stipulated, San Bernardino hereby engages the services of PV
VENDOR to provide those services as set forth in RFQ F-14-18, a copy of which is on file in
the Public Works Department and a copy of the Price Form is attached hereto as Attachment
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"1"and incorporated here by this reference.
2. COMPENSATION AND EXPENSES. a
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a. For the services delineated above, the CITY, upon presentation of an invoice, shall 2
pay the VENDOR up to the amount of$200,000 for concrete maintenance services
pursuant to RFQ F-14-18.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
Exhibit"A"
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2014-111
3. TERM; TERMINATION.
The term of this agreement shall be from April 21, 2014 through June 30, 2014, with
three (3) one-year extensions at the City's option. Option year one, if exercised, shall be
effective July 1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective
July 1, 2015 through June 30, 2016. Option year three, if exercised, shall be effective July 1,
2016 through June 30, 2017. N
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This Agreement may be terminated at any time by thirty (30) days' written notice by y
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either party. The terms of this Agreement shall remain in force unless amended by written 2_
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agreement of the parties executed on or before the date of expiration of current term of the S
agreement. °)
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4. INDEMNITY. o
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VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees,
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agents or representatives, free and harmless from all claims, actions, damages and liabilities of a
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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
subcontractors, relating to or in any way connected with the accomplishment of the work or 2
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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 hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
Exhibit "A"
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2014--111
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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.
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
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk a)
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
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additional named insured in each policy of insurance provided hereunder. The Certificate of E
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Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior
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to any change in or termination of the policy. 0
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6. NON-DISCRIMINATION.
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In the performance of this Agreement and in the hiring and recruitment of employees,
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VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, L
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discrimination in employment of persons because of their race, religion, color, national origin,
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ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
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sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and r
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
Exhibit"A"
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2014-111
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
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
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 E
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
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Telephone: (909)384-5140
TO THE VENDOR: Environmental Project Services, Inc. E
PO Box 150
Colton, CA 92324 Q
Telephone: (909) 503-1975
Contact: James Dippell
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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,
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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 Q
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. Attorney's fees for the City Attorney and members of his office shall be
calculated based on market rate for comparable services.
Exhibit "A"
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2014-111
10. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet o3
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 shall be void
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 ,a)
hereunder for the term of this Agreement.
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11. VENUE. _
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 0
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Bernardino, State of California or the U.S. District Court for the Central District of California. to
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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. L
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12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California. N
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13. SUCCESSORS AND ASSIGNS.
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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.
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14. 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.
Exhibit"A"
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15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction tc
be invalid or unenforceable for any reason, such determination shall not affect the validity of
enforceability of the remaining terms and provisions hereof or of the offending provision in an3
other circumstance, and the remaining provisions of this Agreement shall remain in full fore(
and effect.
16. ENTIRE AGREEMENT; MODIFICATION.
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This Agreement constitutes the entire agreement and the understanding between the a
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parties, and supercedes any prior agreements and understandings relating to the subject manne s
of this Agreement. This Agreement may be modified or amended only by a written instrumen d
executed by all parties to this Agreement. 0
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Exhibit"A"
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2014•-111
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND ENVIRONMENTAL PROJECT SERVICES,INC. FOR CONCRETE
MAINTENANCE SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day an(
date set forth below.
Dated: 52014 EN ONMENTAL PROJECT SERVICES
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Dated ,2014 CITY OF SAN BERNARDINO
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By: -'
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Ale Parker, City Manager
Approved as to Form:
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Gary D. Saenz, City Attorney
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