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Home My WebLink About2009-155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2009-155 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR SERVICE AGREEMENT AND THE DIRECTOR OF FINANCE TO ISSUE AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $29,500, WITH A CONTINGENCY AMOUNT OF $6,500, TO INTER VALLEY POOL SUPPLY FOR SWIMMING POOL CHEMICALS (CHLORINE AND ACID) FOR FY 2009/10, WITH TWO SINGLE-YEAR RENEWAL OPTIONS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Inter Valley Pool Supply submitted the lowest responsible bid to provide routine restocking of chemicals at City swim pools through an annual purchase order. Pursuant to this determination, the Finance Director is hereby authorized and directed to issue an annual purchase order in the amount of $29,500, with a contingency amount of $6,500, to Inter Valley Pool Supply for FY 2009/10, with two single-year renewal options. SECTION 2. That the City Manager is authorized to execute the Vendor Service Agreement with Inter Valley Pool Supply, a copy of which is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length; and SECTION 3. That the authorization granted hereunder shall expire and be void and of no further effect if the Vendor Service Agreement is not executed by both parties and returned to the Office of the City Clerk within thirty (30) days of the passage of this resolution. III III III III III III 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2009-155 1 2 3 4 5 6 7 8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR SERVICE AGREEMENT AND THE DIRECTOR OF FINANCE TO ISSUE AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $29,500, WITH A CONTINGENCY AMOUNT OF $6,500, TO INTER VALLEY POOL SUPPLY FOR SWIMMING POOL CHEMICALS (CHLORINE AND ACID) FOR FY 2009/10, WITH TWO SINGLE-YEAR RENEW AI. OPTIONS. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the15th day of June , 2009, by the following vote, to wit: 9 Council Members: 10 ESTRADA 11 BAXTER 12 AYES NAYS ABSTAIN ABSENT x x BRINKER ~ SHORETT x KELLEY x x JOHNSON MCCAMMACK x ~h.~ Rac el Clark, City Clerk The foregoing resolution is hereby approved this /tt/lr- day of ~.:'.---.-__, 2009. ~\-.r-~~ ~ . J. Morris, Mayor City of San Bernardino 2009-155 EXHIBIT "A" VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this ~ day of June 2009, by and between Inter Valley Pool Supply ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council have determined that it is advantageous and in the best interest of the CITY to procure supply and delivery of liquid chlorine and acid for the City's pools to maintain proper water balance and sanitation; and WHEREAS, the City of San Bernardino did solicit and accept bids from a number of vendors for the supply and delivery of liquid chlorine and acid, and Inter Valley Pool Supply was the lowest and best bidder; and WHEREAS, Inter Valley Pool Supply has satisfactorily provided liquid chlorine and acid for use at City's pools previously. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, the CITY hereby engages the services of VENDOR to supply and deliver liquid cWorine and acid according to the specifications and price set forth in Attachment "A" by this reference made a part hereof 2. COMPENSATION AND EXPENSES. For services provided by Inter Valley Pool Supply, the CITY, upon presentation of invoices, shall pay the VENDOR an amount of $29,500, with a contingency amount of $6,500, for a total not-to-exceed amount of $36,000. III I 2009-155 3. TERM. VENDOR shall perform all services, provide all supplies, and receive payment from invoicing outlined in this agreement from July 1,2009 through June 30, 2010, with two single- year renewal options if the cost to provide these services in subsequent fiscal years does not increase by more than 5% per year. 4. INDEMNITY. Vendor agrees to and 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 and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual 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 services under this Agreement, unless the bodily injury or property damage was 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 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. III III III 2 2009-155 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 lirnit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 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 at least thirty (30) days prior to any change in or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 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. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and 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 employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 3 2009-155 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. 9. NOTICES. Any notices to be given pursuant to this Agreernent shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Director of Parks, Recreation and Community Services 201-A North "E" Street, Suite #103 San Bernardino, CA 92401 Telephone: (909)384-5233 TO THE VENDOR: Inter Valley Pool Supply 6226 Santos Diaz Street Azusa, CA 91702 Telephone: (626) 969-5657 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 office in enforcing this Agreernent on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. III III III 4 2009-155 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 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 this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. 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 mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws ofthe 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. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convemence only and shall not affect the construction or the interpretation of any of its proVISIOns. 5 2009-155 VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INTER VALLEY POOL SUPPLY 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 other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated ?;I~ ,2009 By: Its: Dated ~//I ,2009 I Approved as to form: James F Penman, City Attorney ~ 6 - "" - 2:3 -.2209 10: 59A FROn' WTERV 04/20/2009 10: 31 . '. ge9~84~L1~~Y POOL SUP 16269590237 O~ PARKS & REC: :. TO: 19093845150 P.1 PAI:iI:. >!J"L/~. ISSUE' DATE 2009-155 U ST OT :n NOT FROM THE cITY Of SAN BERNARDINO purehaslng Oepartment 3M No. 0 Stre<<, San BemaTCIlno, CA 92418 909) 3114-S233 fAX (809 384-5160 G EQ DI'PT ~O NO# TYPE i., ,;' -I .: .. ~. REPl DUE BY 4130/2009 veNuOR NAME Inter Valley Pool SuppN VF)mOR ADDRESS 6226 Santos Diaz Street CITY, STATE, ZIP A1.usa, CA 91102 PHONE 626-969-5657 PLEASE ReSPOND WITH NO BID IF NOT BIDDING. FAILURE TO RESPOND WILL RESULT IN REMOVAL FROM 81D LIST. 1 RC FAA 626.969..Q237 CONTACT :::;r;;HN FA r ITEM # DETAil E.SCRIPTION OF P R eRVICE o ALP I 1 a'!! 2300 b 1t), (1!2 2 Include all othet applicable charges Frei ht, Sales Tax, Service Cha e,etc. Subtotal @ 17; lax ;(p cr/t!J, J 'I-~/,~ City reQuires "Full Freight Allowed", unless freight charges are specifically quoted herein, FI'G' t -0 Total Bid J..<J. .3 31. 9< QUOTED PRICES SHALL BE EFFECTIVE 711109 THROUGH 6130/10 CITY CONTACT- NO CHARGE WILL BE ALLOWED OVER AND ABOVE pRiCES QUOTED ON THIS SHEET. THE RIGHT IS RESERVED TO ACCEPT OR REJECT QUOTATIONS ON EACH ITEM. SEPARATE~ Y OR AS A WHOLE. IF SUBSTITUTES ARE OFFERED MAKE FuLL EXPLANATION AND INCLUDE BROCHURES FROM THE MANUFACTURER. .2 44K &~ PLEAse PRINT NAME DalVERY DATE TITLE PI;JtSIIJK/I/ TElEP' ~) ~ 9 - S-c. S- '7 QUOreD PRICES EFFECTIVE 711/09 thru 6/30/10 FUll freight Allowed EIGHT VENDORS SIGNATURE ~x;l/lJ IT ~/fJ 11