HomeMy WebLinkAbout05.J- Public Works 5.J
RESOLUTION (ID # 3619) DOC ID: 3619 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Tony Frossard M/CC Meeting Date: 01/20/2015
Prepared by: Timothy J. O'Neal, (909)
384-5353 x1054
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
the Execution of Amendment No. Two to the Vendor Service Agreement with Rehrig
Pacific Company for a One (1) Year Extension through June 30, 2015 (FY 2014/15) to
Purchase Additional Automated Carts for Residential Refuse Service. (#3619)
Current Business Registration Certificate: Yes
Financial Impact:
The total cost of this item will be $300,000 frpm account 527-400-0095-5112 out of the
Integrated Waste Fund. This item will have no effect on the General Fund.
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:
12/07/09 Resolution No. 2009-367 was approved authorizing the City Manager to
execute the agreement between the City of San Bernardino and Rehrig
Pacific Company and issue with four (4) one-year extensions at the City's
option: Option year 1, if exercised, shall be effective July 1, 2010 through
June 30, 2011; Option year 2, if exercised, shall be effective July 1, 2011
through June 30, 2012; Option year 3, if exercised, shall be effective July 1,
2012 through June 30, 2013; and Option year 4, if exercised, shall be
effective July 1, 2013 through June 30, 2014.
05/19/14 Resolution No. 2009-367 was amended Authorizing the Execution of
Amendment No. 1 to the Vendor Services Agreement Between the City of
San Bernardino and Rehrig Pacific Company and Increasing Annual
Purchase Order No. 2014-00000467 for FY 2013/14 to an Amount Not to
Exceed $500,000 for the Purchase of Additional Automated Carts for
Residential Refuse Service. (#2990)
Background:
The Public Works Department, Integrated Waste Management Division (IWM), is
responsible maintaining and supplying all single family residential households
throughout the City. Currently, many single family households are in need of new
residential refuse carts due to damage, theft, misplacement and new
Undated- 1/13/2015 by GPnraPann "Gini" Hanna C I Packet Pg. 417
5.J
3619
tenants/homeowners.
On December 7, 2009, the Mayor and Common Council approved issuing a Purchase
Order to Rehrig Pacific for the purchase of Automated Carts for Residential Refuse
Service.
Rehrig Pacific Company was selected as the low bidder through a formal multiple quote
bid process to supply the City of San Bernardino with automated carts for residential
refuse service throughout the City. The Rehrig Pacific Company possesses a business
registration certificate pursuant to Chapter 5 of the Municipal Code, and any other
license, permits, qualifications, and insurance required of a vendor to practice its
business or profession. Rehrig Pacific Company continues to provide the City's
Standard Automated Residential Carts for the same terms and cost as established in
their original bid.
The goal of this amendment is two-fold. First, the IWM needs to actively respond to its
residential customer's service requests in a timely manner as to adhere with both
Municipal and Federal requirements for solid waste storage. As such, the contract
amendment will ensure that there will not be a lag in this process. Secondly, this
contract amendment will provide the IWM ample time to prepare for a new bid in which
we shall once again utilize the lowest bidder for the purchase and supply of new
automated residential carts in time for the start of Fiscal Year 2015/16.
City Attorney Review:
Supporting Documents:
Amendment Reso for Rehrig 2015 (DOC)
agrmt 3619 (PDF)
Rehrig 2009 Reso and VSA (PDF)
Undated- 1/13/2015 by Georgeann "Giai" Hanna C Packet Pg. 418 1
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE EXECUTION OF AMENDMENT NO.
3 TWO TO THE VENDOR SERVICE AGREEMENT WITH REHRIG PACIFIC
COMPANY FOR A ONE (1) YEAR EXTENSION THROUGH JUNE 30, 2015 (FY c
4 2014/15) TO PURCHASE ADDITIONAL AUTOMATED CARTS FOR RESIDENTIAL
5 REFUSE SERVICE. C
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6 WHEREAS, on December 7, 2009, the Mayor and Common Council adopted the a
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previous Resolution (Resolution No. 2009-367) to purchase Automated Carts for Residential
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8 Refuse Service from Rehrig Pacific Company for $369,000 due to Rehrig being the most 0
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10 qualified bid per RFQ F -10-05; a
11 WHEREAS, on May 19, 2014, Amendment No. One to the Vendor Service r
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12 Agreement was entered to increase the amount of the purchase order amount from $369,000 to an
13 amount not to exceed $500,000.00 under Section 2(a) Compensation and Expenses of the Vendor
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14 Service Agreement;which an additional expenditure of$131,000 was needed to fulfill the needs c
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of the citizens of San Bernardino for Refuse Services for the remainder of FY 13-14;
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17 WHEREAS, an Amendment No. Two to the Vendor Service agreement shall be N
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18 executed for additional extension of one (1) year and an amount not to exceed $300,000.00.
19 THERFORE, BE IT RESOLVED BY THE MAYOR AND THE COMMON 2
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COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager is hereby authorized to execute Amendment No. -Ea
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Two to the Vendor Service Agreement with Rehrig Pacific Company. The annual purchase E
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24 order shall not to exceed $300,000.00 for this amendment.
25 SECTION 2. That pursuant to this determination the Director of Finance or his/her r
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26 designee is hereby authorized to increase the purchase order for one (1) additional year
27 beginning from July 1, 2014 through June 30, 2015.
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I SECTION 3. The amended purchase order shall reference this Resolution Number
2 and shall read, "Rehrig Pacific Company for the additional one (1) year extension from July 1,
3 2014 through June 30, 2015 for the purchase of automated carts for refuse services.
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Agreement not to exceed $300,000 per year" and shall incorporate the terms and conditions of
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the original agreement.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO APPROVING THE EXECUTION OF AMENDMENT NO.
TWO TO THE VENDOR SERVICE AGREEMENT WITH REHRIG PACIFIC
3 COMPANY FOR A ONE (1) YEAR EXTENSION THROUGH JUNE 30, 2015 (FY
2014/15) TO PURCHASE ADDITIONAL AUTOMATED CARTS FOR RESIDENTIAL S
4 REFUSE SERVICE.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor w
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and Common Council of the City of San Bernardino at a meeting >
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8 thereof, held on the day of , 2015, by the following vote: E
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9 Council Members: AYES NAYS ABSTAIN ABSENT 2
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BARRIOS
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13 VALDIVIA
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JOHNSON
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20 Gerogeann Hanna, City Clerk
21 The foregoing resolution is hereby approved this day of , 2015. a
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R. CAREY DAVIS, Mayor c
24 City of San Bernardino E
Approved as to form:
25 GARY D. SAENZ, City Attorney Q
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27 By:
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1 AMENDMENT NO. TWO TO VENDOR SERVICE AGREEMENT BETWEEN THE
2 CITY OF SAN BERNARDINO AND REHRIG PACIFIC COMPANY
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4 THIS AMENDMENT NO. TWO is made and entered into as of January 20, 2015 by and
5 between the CITY OF SAN B.ERNARDINO, a charter city ("CITY") and REHRIG PACIFIC
6 COMPANY ("VENDOR"). In consideration of the mutual covenants and conditions set forth herein,
7 the parties agree as follows:
8 1. This Amendment is made with respect to the following facts and purposes:
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9 a. December 7, 2009, the city and Vendor entered into that certain agreement w
10 entitled "Vendor Service Agreement" ("Agreement") due to Rehrig being the >
11 most qualified bid per RFQ F-10-05; a
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b. On May 19,2014 the City and Vendor amended the Vendor Service Agreement to v
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increase the amount of the purchase order amount from $369,000 to an amount W
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not to exceed $500,000.00 per year under Section 2 '-
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Expenses of the Vendor Service Agreement
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17 2. Section 3 Term; Termination of the Agreement is hereby amended and extended one (1)
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year effective as of July 1,2014 through June 30, 2015,
19 3. The total compensation for this Amendment No. Two shall not exceed $300,000.00. a,
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20 4. Except for the changes specifically set forth herein, all other terms and conditions of the =
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21 Agreement shall remain in full force and effect.
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IN WITNESS THEREOF, the parties hereto have caused this Amendment No. Two to be
23 executed by and through their respective officers, as of the date first above written.
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AMENDMENT NO.TWO TO VENDOR SERVICE AGREEMENT BETWEEN THE
2 CITY OF SAN BERNARDINO AND REHRIG PACIFIC COMPANY
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4 CITY OF SAN BERNARDINO, VENDOR
5 A Municipal Corporation Rehrig Pacific Corporation
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7 ALLEN PARKER, City Manager
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APPROVED AS TO FORM: a
10 GARY D. SAENZ, City Attorney >
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FPacket Pg.423
RESOLUTION NO. 2009-367
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $369,000 WITH FOUR
(4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO REHRIG PACIFIC
4 COMPANY FOR THE PURCHASE OF AUTOMATED CARTS FOR RESIDENTIAL
5 REFUSE SERVICES.
6 WHEREAS, Rehrig Pacific Company submitted the lowest, most qualified bid -E 6 2
7 for automated carts for residential refuse services per RFQ F-10-05.
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8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY y
OF SAN BERNARDINO AS FOLLOWS:
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10 SECTION 1. The City Manager of the City of San Bernardino is hereby c
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11 authorized to execute on behalf of said City an Agreement between the City of San .2
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12 Bernardino and Rehrig Pacific Company, a copy of which is attached hereto, marked L
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13 as Exhibit "A", and incorporated herein by this reference as fully as though set forth al W'
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16 SECTION 2. That pursuant to this determination the Director of Finance or hel co
17 designee is hereby authorized to issue a Purchase Order to Rehrig Pacific Company o
18 in the amount of$369,000 for FY 09-10.
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19 SECTION 3. The Purchase Order shall reference this Resolution Number and
20 shall read, "Rehrig Pacific Company for the purchase of automated carts for
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residential refuse services. Agreement not to exceed $369,000" and shall incorporate E
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the terms and conditions of the agreement.
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24 SECTION 4. The authorization to execute the above referenced Purchase
25 Order and Agreement is rescinded if it is not executed by both parties within sixty (60)
26 days of the passage of this resolution.
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FPacket`'Pg.424
2009-367
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT ANC
2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $369,000 WITH FOUF
(4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO REHRIG PACIFIC
3 COMPANY FOR THE PURCHASE OF AUTOMATED CARTS FOR RESIDENTIAL
REFUSE SERVICES.
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5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a joint regular o
7 meeting thereof, held on the 7th day of December 2009, by the a
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8 following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
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BAXTER x
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13 BRINKER x _
14 SHORETT x
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15 KELLEY x
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20 Rac el G. Clark, City Clerk
21 The foregoing resolution is hereby approved this _Q day of
22 December , 2009.
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24 P ric J. Morris, Mayor
City o San Bernardino
25 Approve s t Form:
26 By: 0 .
ry F Pe nman
27 torney
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FPacket Pg.425
2009-367
1 VENDOR SERVICE AGREEMENT
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This Vendor Service Agreement is entered into this 7th day of December 2009, bil
3 and between Rehrig Pacific Company ("VENDOR") and the City of San Bernardino ("CITY'
4 or "San Bernardino").
5 WITNESSETH:
6 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 purchase automated carts for residential refuse services w
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and
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10 WHEREAS, the City of San Bernardino did solicit and accept bids from availablf
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11 vendors for automated carts for residential refuse services per RFQ F-10-05; and, .2
12 WHEREAS,Rehrig Pacific Company submitted the lowest best bid. a
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13 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 in paragraph 2, City hereby engages the services o-
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17 VENDOR to provide those products and services as set forth in RFQ F-10-05, a copy of whicl CM
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18 is attached hereto as Attachment "1" and incorporated by this reference.
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19 2. COMPENSATION AND EXPENSES. N
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20 a. For the services delineated above, the CITY, upon presentation of an invoice, shal
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pay the VENDOR $40.86 per cart. Purchase Order not to exceed the total amoun
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23 of$369,000. Q
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24 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
25 3. TERM; TERMINATION.
26 The term of this agreement shall be from December 7, 2009 through June 30, 2010
27 with four (4) one-year extensions at the City's option. Option year one, if exercised, shall N
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EXHIBIT"A" Packet Pg.426
2009-367 '=
1 effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective
2 July 1, 2011. through .IL117e 30, 2012. Option year three, if exercised, shall be effective July 1
3 2012 through .Tune 30, 2013. Option year four, if exercised, shall be effective July 1, 201-1
4 through June 30, 2014.
5 This Agreement may be terminated at any time by thirty (30) days prior written noticf
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by either party. The terms of this Agreement shall remain in force unless amended by writter w
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8 agreement of the parties executed on or before date of expiration of current term of the a
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9 agreement. Price in any option year shall be as negotiated by the parties at the time of exercise >,
10 of the option. In no option year shall the price exceed that set forth herein. E
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4. WARRANTY
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13 Vendor expressly warrants that all products and services supplied to City by Vendoj
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14 under this Agreen7cnt shall conform to the specifications, drawings or other description upor.
15 which this purchase is based, shall be ft and sufficient for the purpose intended, merchantable;
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16 of good material and workmanship, free from defects and free and clear of all liens of
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17 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 inspection, testing; o
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acceptance and use. Vendor agrees to replace or correct promptly defects of any goods of
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21 services not conforming to the foregoing warranty without expense to the City, when notified
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22 of such non-conforn7ity by City. If Vendor fails to correct the defects in or replace non-
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23 conforming goods or services promptly, City may, after reasonable notice to Vendor, make d
24 such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" fot
25 purposes of this section shall not be deemed to require more than 60 calendars days notice
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Packet Pg.427
2009-367
1 before commencement of efforts by the City to effect cover or a cure except upon writtel
2 agreement of the Parties.
3 5. INDEMNITY.
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Vendor agrees to and shall indemnify and hold the City, its elected officials, employees
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s agents or representatives, free and harmless from all claims, actions, damages and liabilities o 0
any kind and nature arising from bodily injury, including death, or property damage, based o w
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8 asserted upon any or alleged act or omission of Vendor, its employees, agents, o
9 subcontractors, relating to or in any way connected with the accomplishment of the work o
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10 performance of service under this Agreement, unless the bodily injury or property damage wa; o
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actually caused by the sole negligence of the City, its elected officials, employees, agents o
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representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at it, .Lm
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14 own expense, including attorney's fees the City, its elected officials, employees, agents o
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representatives from any and all legal actions based upon such actual or alleged acts o
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16 omissions. Vendor hereby waives any and all rights to any types of express or implie< >
17 indemnity against the City, its elected officials, employees, agents or representatives, witl c
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18 respect to third party claims against the Vendor relating to or in any way connected with thf
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accomplishment of the work or performance of services under this Agreement.
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G. INSURANCE.
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22 While not restricting or limiting the foregoing, during the term of this Agreement E
23 VENDOR shall maintain in effect policies of comprehensive public, general and automobilf a
24 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutorl
25 worker's compensation coverage, and shall file copies of said policies with the CITY's Risl
26 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as at
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28 additional named insured in each policy of insurance provided hereunder. The Certificate o
Packet Pg.428
2009--367
1 Insurance furnished to the CITY shall require the insurer to notify CITY of any change o
2 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and arr
3 change or termination of policy.
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7. NON-DISCRIMINATION.
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In the performance of this Agreement and in the hiring and recruitment of employees
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7 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in a
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8 discrimination in employment of persons because of their race, religion, color, national origin Q
9 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender o =
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10 sexual orientation, or any other status protected by law. o
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11 8. INDEPENDENT CONTRACTOR. w
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VENDOR shall perform work tasks provided by this Agreement, but for all intents any 0
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14 purposes VENDOR shall be an independent contractor and not an agent or employee of' th, W
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CITY, VENDOR shall secure, at its expense, and be responsible for any and all payment o 2
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16 Income Tax, Social Security, State Disability Insurance Compensation, Unemploymen >
17 Compensation, and other payroll deductions for VENDOR and its officers, agents, an, o
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employees, and all business licenses, if any are required, in connection with the services to b
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performed hereunder. s
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9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. W
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22 VENDOR warrants that it possesses or shall obtain, and maintain a business registratio: L
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23 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits Q
24 qualifications, insurance and approval of'whatever nature that are legally required of VENDOI
25 to practice its business or profession.
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2009-367
1 NOTICES.
2 Any notices to be given pursuant to this Agreement shall be deposited with the Unite,
3 States Postal Service, postage prepaid and addressed as follows:
4 TO THE CITY: Public Services Director
5 300 North "D" Street
San Bernardino, CA 92418
6 Telephone: (909) 384-5140 0
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7 TO THE VENDOR: Rehrig Pacific Company x
8 4010 E 26t3' St Q
Los Angeles CA 90058 >
9 Telephone: (310) 529-8774 =
10 Contact: Justin Fellhauer
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11 10. ATTORNEYS' FEES.
12 In the event that litigation is brought by any party in connection with this Agreemen a
13 the prevailing party shall be entitled to recover from the opposing party all costs and expense
14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any o
15 its rights or remedies hereunder or the enforcement of any of the terms, conditions c Q
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provisions hereof. The costs, salary and expenses of the City Attorney and members of hi =
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18 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys
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19 fees" for the purposes of this paragraph. N
20 11. ASSIGNMENT.
22 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet c
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encumber all or any part of the VENDOR's interest in this Agreement without CITY's pric 5
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written consent. Any attempted assignment, transfer, subletting or encumbrance shall be voi
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25 and shall constitute a breach of this Agreement and cause for the termination of thi
26 Agreement. Regardless of CI`l'Y's consent, no subletting or assignment shall release VENDOI
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2009-367
1 of VENDOR's obligation to perform all other obligations to be performed by Vf"ND01
2 Hereunder for the term of this Agreement.
3 12. VENUE.
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The parties hereto agree that all actions or proceedings arising in connection with thi
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6 Agreement shall be tried and litigated either in the State courts located in the County of Sal o
7 Bernardino, State of California or the U.S. District Court for the Central District of California
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8 Riverside Division. The aforementioned choice of venue is intended by the parties to b Q
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9 mandatory and not permissive in nature.
10 13. GOVERNING LAW. o
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This Agreement shall be governed by the laws of the State of California.
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14. SUCCESSORS AND ASSIGNS.
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This Agreement shall be binding on and inure to the benefit of the parties to thi
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Agreement and their respective heirs, representatives, successors, and assigns.
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16 IS. HEADINGS. >
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17 The subject headings of the sections of this Agreement are included for the purposes o 0
18 convenience only and shall not affect the construction or the interpretation of any of it o
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provisions.
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16. SEVERABILITY. M
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22 If any provision of this Agreement is determined by a court of competent jurisdiction to E
23 be invalid or unenforceable for any reason, such determination shall not affect the validity o Q
24 enforceability of the remaining terms and provisions hereof or of the offending provision in an,
25 other circumstance, and the remaining provisions of this Agreement shall remain in full fore,
26 and effect.
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2009-367
1 17. REMEDIES; WAIVER.
2
All remedies available to either party for one or more breaches by the other party are
3 and shall be deemed cumulative and may be exercised separately or concurrently withot
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waiver of any other remedies. The failure of either party to act in the event of a breach of thi
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6 Agreement by the other shall not be deemed a waiver of such breach or a waiver of futur c
7 breaches, unless such waiver shall be in writing and signed by the party against whor
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g enforcement is sought. Q
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9 18. ENTIRE AGREEMENT; MODIFICATION.
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10 This Agreement constitutes the entire agreement and the understanding between th c
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parties, and supercedes any prior agreements and understandings relating to the subject marine
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of this Agreement. This Agreement may be modified or amended only by a written instrumer
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executed by all parties to this Agreement.
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2009-367
VENDOR SERVICE AGREEMENT
REHRIG PACIFIC COMPANY
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3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day ani
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date set forth below.
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6 Dated: , 2000( Rehrig Pacific C pa y 2
7 By: _ - -- w CD
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Dated , 2009 CITY SAN BERN RDINO E
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Charles L. McNe 1 y Manager
12 Approved as to Porm: a
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By: _
14 Jame• "Am-an, City Attorney
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