HomeMy WebLinkAbout05.M- Public Works 5.M
RESOLUTION (ID # 3770) DOC ID: 3770 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Tony Frossard M/CC Meeting Date: 05/04/2015
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 a First Amendment to the Vendor Service Agreement Between Stock
All Services and the City of San Bernardino Authorizing the Increase to Annual
Purchase Order to $78,000. (#3770)
Current Business Registration Certificate: Yes
Financial Impact:
This item is an increase to an established purchase order of$20,000. The amount will
be expended from the Fleet Fund and the purchase will total an amount not to exceed
$78,000.
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:
10/04/2010 Resolution 2010-336 was adopted approving an Annual Purchase Order
to Stock All Services with 3-Year renewal options.
06/02/2014 Resolutions 2014-307 was adopted approving an increase to the Annual
Purchase Order not to exceed $58,000
Background:
The Public Works Department, Fleet Management Division is responsible for
maintaining all refuse trucks, backhoes, aerial lifts, and specialized equipment with
numerous high-pressured hydraulic cylinders and fittings. While reviewing Fleet's
Annual Purchase Order usage, Stock All Services purchase order was identified as not
having sufficient encumbered funds to cover services to end of fiscal year 2014-2015.
The primary reasons for the high volume of cylinder failures and repairs is that these are
no longer in the original specifications due to excessive wear causing binding and
abnormal frictions. The hydraulic cylinders that operate the automated lift-arm, grabbers
and packer mechanisms are subject to two to three thousand cycles per day five days a
week. The older the fleet becomes the looser the mechanical tolerances become
causing binding and galling which overworks these cylinders and ultimately lead to
cylinder failures.
Fleet Staff is requesting the execution of a first amendment to the Vendor Service
Updated: 4/29/2015 by Georgeann "Gigi" Hanna C Packet Pg. 424
5.M
3770
^^ Agreement between Stock All Services and the City of San Bernardino and to authorize
the increase to the Annual Purchase Order No. 2015-862 by $20,000 not to exceed
$78,000 for the repair of hydraulic cylinder and supplies.
City Attorney Review:
Supporting Documents:
Stock All Services P.O. Increase Reso FY14-15 (DOC)
agrmt 3770 (PDF)
Stock All Services Reso 2014-307 (PDF)
Stock All Services VSA 2014-307(PDF)
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Updated: 4/29/2015 by Georgeann "Gigi" Hanna C acket Pg. 425
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
3 ADMENDMENT TO THE VENDOR SERVICE AGREEMENT BETWEEN STOCK
4 ALL SERVICES AND THE CITY OF SAN BERNARDINO AUTHORIZING THE
INCREASE TO ANNUAL PURCHASE ORDER TO $78,000.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS: _
7 �
SECTION 1. The City Manager is hereby authorized to execute a First Amendment N
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to the Vendor Service Agreement between Stock All Services and the City of San Bernardino, ('�,
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attached hereto as Exhibit"A" and incorporated herein. a
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11 SECTION 2. The Director of Finance, or designee, is hereby authorized and directed v)
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12 to increase Purchase Order No. 2015-00000862 by $20,000 to Stock All Services for an M
13 amount not to exceed$78,000 for FY 2014-2015 r
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SECTION 3. The Purchase Order shall reference this Resolution and shall read "P.O. -
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16 2015-00000862 not to exceed $78,000 for manufacture and repair of hydraulic cylinders and
17 supplies.
18 SECTION 4. The authorization to execute the First Amendment to the Vendor d
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19 Service Agreement is rescinded if not signed and returned to the City Clerk within sixty (60)
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days of the passage of this resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
2 ADMENDMENT TO THE VENDOR SERVICE AGREEMENT BETWEEN STOCK
ALL SERVICES AND THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 INCREASE TO ANNUAL PURCHASE ORDER TO $78,000.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor y
5
6 and Common Council of the City of San Bernardino at a meeting
7 thereof, held on the day of , 2015, by the following vote, to wit: a
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Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ a
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BARRIOS co
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12 VALDIVIA ti
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13 SHORETT
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14 NICKEL U-
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JOHNSON
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MULVIHILL
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19 Georgeann Hanna, City Clerk
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21 The foregoing Resolution is hereby approved this day of , 2015. Q
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23 R. Carey Davis, Mayor
24 City of San Bernardino
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25 Approved as to form:
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26 Gary D. Saenz, City Attorney
27 By:
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1 FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT WITH STOCK ALL
SERVICES FOR THE MANUFACTURE AND REPAIRS OF HYDRAULIC
2 CYLINDERS AND SUPPLIES
3 This First Amendment to Vendor Service Agreement with Stock All Services for
4 the manufacture and repair of hydraulic cylinders and supplies is entered into this 20th
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day of April, 2015 and between Stock All Services ("VENDOR') and the City of San
6
7 Bernardino ("CITY"),
8 WITNESSETH:
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10 WHEREAS,The Mayor and Common Council has determined that it is advantageous
11 and in the best interest of the CITY to contract for manufacture and repair of hydraulic a
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cylinders and supplies series; and >
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14 WHEREAS, VENDOR is a Select Source Vendor and was awarded a contract by the Q
15 Mayor and Common Council on August 4, 2014, Resolution 2014-307, in the amount of in
16 $58,000 °
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17 NOW,THEREFORE,the parties hereto agree as follows:
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1. The Agreement is hereby amended to increase the payment to VENDOR to an E
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20 amount not to exceed$78,000
21 2. All other terms and conditions of the Agreement shall remain in full force and
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22 effect. Q
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Exhibit"A"
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1 FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT WITH STOCK ALL
SERVICES FOR THE MANUFACTURE AND REPAIRS OF HYDRAULIC
2 CYLINDERS AND SUPPLIES
3
4 IN WITNESS THEREOF, the parties hereto have executed this on the day and date
5 set forth below.
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8 Dated: , 2015 Stock All Services
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Dated: ,2015 CITY OF SAN BENARDINO
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15 Allen J. Parker, City Manger o
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17 APPROVED AS TO FORM: o
18 Gary D. Saenz, City Attorney M
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Exhibit"A"
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RESOLUTION NO. 2014-307
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
I OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
3 SERVICE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN
4 THE AMOUNT OF $58,000 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE
CITY'S OPTION TO STOCK ALL SERVICES FOR THE MANUFACTURE AND
5 REPAIR OF HYDRAULIC CYLINDERS AND SUPPLIES. _
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 of the City of San Bernardino is hereby authorized a
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9 and directed to execute on behalf of said City a Vendor Service Agreement between the City c2
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10 of San Bernardino and Stock All Service, a copy of which is attached hereto marked Exhibit co
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11 "A"and incorporated herein by reference as fully as though set forth at length. o
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SECTION 2. Pursuant to this determination the Director of Finance or his designee is o
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hereby authorized to issue an annual purchase order to Stock All Services in the amount not to
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15 exceed$58,000 with two (2)one-year extensions at the City's option. r
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16 SECTION 3. The Purchase Order shall reference this Resolution Number and shall o
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17 read, "Stock All Services for hydraulic cylinder repairs. Agreement not to exceed $58,000" 0
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and shall incorporate the terms and conditions of the Agreement.
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20 SECTION 4. This purchase is exempt from the formal contract procedure of Sections a
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21 3.04.010 of the Municipal Code, pursuant to Sections 3.04.010 B.3 of said Code "Purchases O N
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22 approved by the Mayor and Common Council".
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SECTION 5. The authorization to execute the above-referenced Agreement is ;g
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rescinded if it is not executed by both parties within sixty (60) days of the passage of this
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26 Resolution.
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2014-307
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
SERVICE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN
3 THE AMOUNT OF $58,000 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE
4 CITY'S OPTION TO STOCK ALL SERVICES FOR THE MANUFACTURE AND
REPAIR OF HYDRAULIC CYLINDERS AND SUPPLIES.
5
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 point regular meeting =
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8 thereof,held on the 4th day of August , 2014,by the following vote,to wit: y
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9 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ x a
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12 BARRIOS x v,
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13 VALDIVIA x M
14 SHORETT x M
15 NICKEL x N
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JOHNSON x 0
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MULVIHILL x
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20 Georg in Hanna,kity Clerk o
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21 The foregoing resolution is hereby approved this day of Aug ,2014. w
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23 R. CAREY D VI , Mayor Y
City of San n1mardino a
24 Approved as to form:
25 GARY D. SAENZ, City Attorney
26
By
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2014-307
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND STOCK ALL SERVICES FOR THE MANUFACTURE AND REPAIR OF
HYDRAULIC CYLINDERS AND SUPPLIES
This Vendor Service Agreement is entered into this 4th day of x,2014, by an
between Stock All Services ("VENDOR") and the City of San Bernardino ("CITY" or "Sa
Bernardino").
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WITNESSETH:
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WHEREAS, the Mayor and Common Council has determined that it is advantageot
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and in the best interest of the CITY to contract for hydraulic cylinder repairs, includir
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purchase of various related parts; and
WHEREAS, the Vendor is the classified as a Select Sources vendor for repairil Y
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hydraulic cylinders; and U)
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WHEREAS, this new Agreement supersedes all previous Agreements with t M
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VENDOR;
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NOW, THEREFORE,the parties hereto agree as follows: a
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1. SCOPE OF SERVICES.
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For the remuneration stipulated in Section 2,the City of San Bernardino hereby engal
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the services of VENDOR to provide repairs including parts on all hydraulic cylinders. Q
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2. COMPENSATION AND EXPENSES. N
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a. For the services delineated above, the CITY, upon presentation of an invoice, st E
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pay the VENDOR, up to the amount of $58,000 for hydraulic cylinder repa
including purchase of various related parts.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
Exhibit"A"
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2014-307
3. TERM; TERMINATION.
The term of this agreement shall be from August 8, 2014 through June 30, 2015, wit
two one-year extensions at the City's option. Option year one, if exercised, shall be effectiv
July 1, 2015 through June 30, 2016. Option year two, if exercised, shall be effective July
2016 through June 30,2017.
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This Agreement may be terminated at any time by thirty (30) days prior written notic
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by either party. The terms of this Agreement shall remain in force unless amended by writte o
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agreement of the parties executed on or before date of expiration of current term of tl
agreement. in
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4. WARRANTY o
Vendor expressly warrants that all products and services supplied to City by Vend o
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under this Agreement shall conform to the specifications, drawings or other description, up( CD
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which this purchase is based, shall be fit and sufficient for the purpose intended, merchantab o
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of good material and workmanship, free from defects and fee and clear of all liens
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encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affe .
Vendor's obligations under this warranty, and such warranty shall survive inspection, testir
acceptance and use. Vendor agrees to replace or correct promptly defects of any goods o
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services not conforming to the foregoing warranty without expense to the City, when notifi
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of such non-conformity by City. If Vendor fails to correct the defects in or replace nc
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conforming goods or services promptly, City may, after reasonable notice to Vendor, mz
such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice"
purposes of this section shall not be deemed to require more than 60 calendars days not
Exhibit"A"
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2014-307
before commencement of efforts by the City to effect cover or a cure except upon write
agreement of the Parties.
5. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employee
agents or representatives, free and harmless from all claims, actions, damages and liabilities
any kind and nature arising from bodily injury, including death, or property damage, based L
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asserted upon any or alleged act or omission of Vendor, its employees, agents, o
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subcontractors, relating to or in any way connected with the accomplishment of the work
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performance of service under this Agreement, unless the bodily injury or property damage w in
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actually caused by the sole negligence of the City, its elected officials, employees, agents
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representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at N
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own expense, including attorney's fees the City, its elected officials, employees, agents
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representatives from any and all legal actions based upon such actual or alleged acts v
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omissions. Vendor hereby waives any and all rights to any types of express or impli N
indemnity against the City, its elected officials, employees, agents or representatives, w
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respect to third party claims against the Vendor relating to or in any way connected with i cn
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accomplishment of the work or performance of services under this Agreement.
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6. INSURANCE.
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While not restricting or limiting the foregoing, during the term of this Agreemc
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VENDOR shall maintain in effect policies of comprehensive public, general and automot Q
liability insurance, in the amount of $1,000,000.00 combined single limit, and statut,
worker's compensation coverage, and shall file copies of said policies with the CITY's R
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as
additional named insured in each policy of insurance provided hereunder. The Certificatc
Exhibit"A"
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2014-307
Insurance furnished to the CITY shall require the insurer to notify CITY of any change c
termination in the policy.
7. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employee;
VENDOR shall not engage in, nor permit its officers, employees or agents to engage it
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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 c o
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sexual orientation, or any other status protected by law.
S. INDEPENDENT CONTRACTOR Cn
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VENDOR shall perform work tasks provided by this Agreement, but for all intents an
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purposes VENDOR shall be an independent contractor and not an agent or employee of tl
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment c
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Income Tax, Social Security, State Disability Insurance Compensation, Unemployme)
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Compensation, and other payroll deductions for VENDOR and its officers, agents, an a
employees, and all business licenses, if any are required, in connection with the services to I
performed hereunder.
9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS Y
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VENDOR warrants that it possesses or shall obtain, and maintain a business registratic
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certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permit
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qualifications, insurance and approval of whatever nature that are legally required of VENDO Q
to practice its business or profession.
10. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the Unit(
States Postal Service, re osta e aid and addressed as follows:
P g prepaid
Exhibit"A"
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2014-307
TO THE CITY: Public Works Director
300 North"D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR: Stock All Services
29346 Gold Buckle Rd
Highland CA 92346
Telephone (800) 463-0383
Contact:
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11. ATTORNEYS' FEES.
In the event that litigation is brought by any parry in connection with this Agreeme: a
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the prevailing party shall be entitled to recover from the opposing party all costs and expense
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any Q
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its rights or remedies hereunder or the enforcement of any of the terms, conditions o
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provisions hereof. The costs, salary and expenses of the City Attorney and members of ti
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office in enforcing this Agreement on behalf of the CITY shall be considered as "attorne o
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fees" for the purposes of this paragraph. N
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12. ASSIGNMENT. >
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VENDOR shall not voluntarily or by operation of law assign, transfer, sublet .2
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encumber all or any part of the VENDOR's interest in this Agreement without CITY's p) a
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be v o
and shall constitute a breach of this Agreement and cause for the termination of
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Agreement. Regardless of CITY's consent,no subletting or assignment shall release VEND
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of VENDOR's obligation to perform all other obligations to be performed by VEND
hereunder for the term of this Agreement.
Exhibit"A"
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2014-307
13. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
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,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
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mandatory and not permissive in nature.
14. GOVERNING LAW. o
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This Agreement shall be governed by the laws of the State of California.
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15. SUCCESSORS AND ASSIGNS. in
This Agreement shall be binding on and inure to the benefit of the parties to this
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Agreement and their respective heirs, representatives, successors, and assigns. N
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16. HEADINGS.
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The subject headings of the sections of this Agreement are included for the purposes o
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convenience only and shall not affect the construction or the interpretation of any of its Q
provisions.
17. SEVERABILITY.
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If any provision of this Agreement is determined by a court of competent jurisdiction Y
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be invalid or unenforceable for any reason, such determination shall not affect the validity or
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enforceability of the remaining terms and provisions hereof or of the offending provision in a E
other circumstance, and the remaining provisions of this Agreement shall remain in full force a
and effect.
18. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manr
Exhibit"A"
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of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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Exhibit"A"
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2014-307
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND STOCK ALL SERVICES FOR THE MANUFACTURE AND REPAIR OF
HYDRAULIC CYLINDERS AND SUPPLIES
IN WITNESS THEREOF,the parties hereto have executed this Agreement on the da:
and date set forth below.
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Dated:, ,2014 STOCK- d
By: r
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Dated "" 12014 CITY OF SAN B ARDINO
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By:
All arker, City Manager
Approved as to Form: co
Gary D. Saenz, City Attorney
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Exhibit"A"
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