HomeMy WebLinkAbout2010-363
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(REPEALED BY 2011-11)
RESOLUTION NO. 2010-363
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
SERVICE AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE
AMOUNT OF $83,461.03 BETWEEN THE CITY OF SAN BERNARDINO AND
WILLIAMS SCOTSMAN, INC. FOR THE PURCHASE AND INSTALLATION OF
MODULAR BUILDINGS AT AL GUHIN PARK PER CAPITAL IMPROVEMENT
PROGRAM PROJECT PR04-28.
WHEREAS, on September 21, 2009 the Mayor and Common Council authorized the
Director of Development Services to proceed with issuing a Request for Proposals for site
development planning prior to the placement of a modular unit at Al Guhin Park, and;
WHEREAS, Williams Scotsman Inc. will provide modular units that are unique and
significantly reduced in cost as used materials; however to be fully renovated, retrofitted, and
repurposed for City use; and
WHEREAS, the term of the Agreement shall be from November 1,2010 through June
30,2011.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to
execute on behalf of said City an Agreement between the City of San Bernardino and Williams
Scotsman, Inc., a copy of which is attached hereto, marked as Exhibit "A", and incorporated
herein by this reference as fully as though set forth at length.
SECTION 2. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to issue a purchase order to Williams Scotsman, Inc. in the
amount of $83,461.03 for FY 10-11.
2010-363
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RESOLUTION NO. 2010-363
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
SERVICE AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE
AMOUNT OF $83,461.03 BETWEEN THE CITY OF SAN BERNARDINO AND
WILLIAMS SCOTSMAN, INC. FOR THE PURCHASE AND INST ALLA TION OF
MODULAR BUILDINGS AT AL GUHIN PARK PER CAPITAL IMPROVEMENT
PROGRAM PROJECT PR04-28.
SECTION 3. The authorization to execute the above referenced Purchase Order and
Agreement is rescinded if it is not executed by both parties within sixty (60) days of the passage
of this resolution.
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2010-363
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RESOLUTION NO. 2010-363
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
SERVICE AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE
AMOUNT OF $83,461.03 BETWEEN THE CITY OF SAN BERNARDINO AND
WILLIAMS SCOTSMAN, INC. FOR THE PURCHASE AND INSTALLATION OF
MODULAR BUILDINGS AT AL GUHIN PARK PER CAPITAL IMPROVEMENT
PROGRAM PROJECT PR04-28.
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 the ~
day of November ,2010, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
Council Members: AYES
MARQUEZ x
DESJARDINS x
BRINKER x
SHORETT x
KELLEY x
-
JOHNSON x
x
McCAMMACK
~~6r~
Rache! Clark, City Clerk
The foregoing resolution is hereby approved this ~71~ day of NovembeL__,2010.
"
~~or----
City of San Bernardino
Approved as to Form:
(Refused to sign)
James F. Penman, City Attorney
2010-363
EXHIBit A '
VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
WILLIAMS SCOTSMAN, INC.
This Vendor Service Agreement is entered into this 1 st day of November 2010, by and
between Williams Scotsman, Inc. ("VENDOR") and the City of San Bernardino ("CITY" or
"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for purchase, delivery, and installation of modular
buildings at AI Guhin Park; and
WHEREAS, the VENDOR is providing a product that is uniquely and significantly
reduced in cost as used but fully renovated, retrofitted, and repurposed for CITY use;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in the specifications outlined in
quotation number 60911, for purchase, installation and delivery services of modular buildings,
dated October 18, 2010, attached hereto as Exhibit "B" and incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay
the VENDOR, an amount not to exceed amount of $83,461.03, for purchase, installation and
delivery services of modular buildings.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
2010-363
EXHIBIT A
3. TERM; TERMINATION.
The term of this agreement shall be from November 1, 2010 through June 30, 2011.This
Agreement may be terminated at any time by thirty (30) days prior written notice by either party.
The terms of this Agreement shall remain in force unless amended by written agreement of the
parties executed on or before the date of expiration of the current term of the agreement.
1. 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 or alleged act or omission of Vendor, its employees, agents, or subcontractors,
relating to or in any way connected with the accomplishment of the work or performance of
service under this Agreement, unless the bodily injury or property damage was actually caused
by the sole negligence of the City, its elected officials, employees, agents or representatives. As
part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense,
including attorney's fees the City, its elected officials, employees, agents or representatives from
any and all legal actions based upon such actual or alleged acts or omissions. Vendor 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.
2. 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
2
2010-363
EXHIBIT A
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 of any change or termination in
the policy.
3. 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 conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
4. 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.
5. 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.
3
2010-363
EXHIBIT A .
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Parks Recreation and Community Services Director
1350 South "E" Street
San Bernardino, CA 92408
Telephone: (909) 384-5233
TO THE VENDOR:
Williams Scotsman, Inc.
1181 Greenstone Avenue
Santa Fe Springs, CA 90670
Telephone: (562) 903-9200 Ext. 44124
Contact: Carmen Rivera
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 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
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
4
2010-363
EXHIBIT A .
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 of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
5
2010-363
VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
RIVERSIDE CONSTRUCTION COMPANY, INC.
17. 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 manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by aU. parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated
,2010
Williams Scotsman, Inc.
By:
Its:
Dated
,2010
CITY OF SAN BERNARDINO
By:
Charles McNeely, City Manager
Approved as to Form:
James F. Penman, City Attorney
By:
6
.-~.-.-...-- ...----.... .--__.._...__. _.. ..-.---..____0- ._._._ __ _..__._.._.___.___._.___.._.._
2010-363
EXHIBITS
"wi., 't L I A ~ "5"
" . ,
SPACE BY
l!Il
WILLIAMS SCOTSMAN, INC
11811 Greenstone Avenue
. Santa Fe Springs, CA 90670
Phone: (562)903-9200 Ext. 44124
. Fax: (562) 903-9210
Toll Free: 800-782-1500
Carmen Rivera
Sales Representative
cjrivera@willscot.com
Quote Number:,60911 .
Date: October 18, 2010 .
Expiration:. November 17, 2010
SCOTSMAN
_"l~~I[Oj~l!'J~~~~~/li!!IlW~
Customer: Contact: Ship To: .
CITY OF SAN BERNARDINO Robert Lennox
300 N "0" STREET 1350 South "E" Street
SAN BERNARDINO, California 92418 San Bernardino, CA 92408
Phone: (909) 384-5160
Fax: (909) 384-5031
Emall: lennox_ro@sbcity.org
'm---~~'~~~1~.~I:;llS[.]~~~I'Jl;a.~t!l.lI~[~_
64x72 Modular (60x72 Box) .
DELIVERY FREIGHT:
INST ALLA TION:
OPTIONS
SAN BERNARDINO, CA
92408 US
PURCHASE PRICE
$68,768.75
$2,004.72
$8,798.40
QTY DESCRIPTION PRICE EXTENDED
40 Tledowns Into dirt $74.30 $2,972.00
6 License fee $92.86 $557.16
6 License transfer fee $60.00 $360.00
~'-"'-I!IiIIIImi~-----'-----"-----'-'---''lL...,_......V.i!II!:m,rlll'l'l.~iiil-~""
In addItion to the above quoted prices, customarshell payWlUlams Scotsman any local, slate, or provlndal federal and/orpersmal properly TOTAL CHARGES: $83,461.03
lax or fees related to the equipmenl or its user. Physical Damage and commerclalllablllly Insurance coverage are required beginning on
the date of delivery.
Williams Scolsmanls not responsible for changas required by Ioeel code or buildIng inspactors. Customer is responsIble fcr locating and
marking underground uuDDes prior 10 dellvar. Quola assumes a level site with dear access.
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2010-363
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2010-363
VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
WILLIAMS SCOTSMAN, INC.
This Vendor Service Agreement is entered into this 1st day of November 2010, by and
between Williams Scotsman, Inc. ("VENDOR") and the City of San Bernardino ("CITY" or
"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for purchase, delivery, and installation of modular
buildings at Al Guhin Park; and
WHEREAS, the VENDOR is providing a product that is uniquely and significantly
reduced in cost as used but fully renovated, retrofitted, and repurposed for CITY use;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in the specifications outlined in
quotation number 60911, for purchase, installation and delivery services of modular buildings,
dated October 18, 2010, attached hereto as Exhibit "B" and incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay
the VENDOR, an amount not to exceed amount of $83,461.03, for purchase, installation and
delivery services of modular buildings.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
1
;
2010-363
3. TERM; TERMINATION.
The term of this agreement shall be from November 1,2010 through June 30, 201 1. This
Agreement may be terminated at any time by thirty (30) days prior written notice by either party.
The terms of this Agreement shall remain in force unless amended by written agreement of the
parties executed on or before the date of expiration of the current term of the agreement.
1. 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 or alleged act or omission of Vendor, its employees, agents, or subcontractors,
relating to or in any way connected with the accomplishment of the work or performance of
service under this Agreement, unless the bodily injury or property damage was actually caused
by the sole negligence of the City, its elected officials, employees, agents or representatives. As
part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense,
including attorney's fees the City, its elected officials, employees, agents or representatives from
any and all legal actions based upon such actual or alleged acts or omissions. Vendor 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.
2. 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$I,OOO,OOO.OO combined single limit, and statutory worker's
2
2010-363
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 of any change or termination in
the policy.
3. 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 conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
4. 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.
5. BUSINESS REGISTRA TION 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.
3
2010-363
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Parks Recreation and Community Services Director
1350 South "E" Street
San Bernardino, CA 92408
Telephone: (909) 384-5233
TO THE VENDOR:
Williams Scotsman, Inc.
1181 Greenstone Avenue
Santa Fe Springs, CA 90670
Telephone: (562) 903-9200 Ext. 44124
Contact: Carmen Rivera
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 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
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
4
2010-363
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 of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provlSlons.
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.
5
2010-363
VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
RIVERSIDE CONSTRUCTION COMPANY, INC.
17. 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 manner
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
,2010
Williams Scotsman, Inc.
By:
Its:
Dated
, 2010
CITY OF SAN BERNARDINO
By:
Charles McNeely, City Manager
Approved as to Form:
James F. Penman, City Attorney
By:
6
--
Contllct:
Robert Lennox
1350 South "E" Street
San Bemardino, CA 92408'... '; """.~,.., '
Phone: (909) 384-5160
Fax: (909) 384-5031
Emall: lennox_ro@sbclty.org
_.~....-NIII'" -- .1~1'1II.5l1t.1":.la.['}~IJ.\.'~1'1I:ll:.[IJI~t....~_..__
64x72 Modular (60x72 Box) .
DELNERY FREIGHT:
INSTALLATION:
. OPTIONS
SPACE BY
lID
WILLIAMS
SCOTSMAN
.~
Customer:
CITY OF SAN BERNARDINO
300 N "0" STREET
SAN BERNARDINO, California 92418
--
..
PURCHASE PRICE
"-_h':, 2010-363
WILLIAMS SCOTSMAN, (NC
11811 Greenstone Avenue
, Santa Fe Springs, CA 90670
Phone: (582)903-9200 Ext. 44124
. Fax: (562) 903-9210
Toll Free: 800.782.1500
Carmen Rivera
Sales Representative
cjrivera@willscot.com
EXHIBI,T' B
Quote Number:.609~1 . ,.
Date: October 18, 2010 .
expiration:, November 17, 2010 '
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Ship To:
$68,768.75
-
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SAN BERNARDINO, CA
'92408 US
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$2,004.72
$8,798.40
OTY
40
6
6
DESCRIPTION
Tledowns Into dirt
License fee
License transfer fee
PRICE
$74.30
$92.86
$60.00
EXTENDED
$2,972.00
$557.16
$360.00 .
In addlllon 10 the above quolad prIcts, cualDmtrshan ptyWlli_ ScoIsman .nyloesl, alate, arprovlndaJ radaral sndlorpll/lClll8l property TOTAL CHARG ES:
lax orf.9 relaled 10 the equipment or lis U8tr. Physical Damage and commtrclaJ lIsbJIly Inauranca COV8l8lJe 111'8 requll1ld beginning on
lIIe dale of dlllvery.
Williams Scotsman Ie nollllllpOllslble far changes requin!d by local code or bUIlding in&pectora. Cuslomerla responslbl. for locating and
marking undtrglOUnd. uPUn prior 10 dell_. Qual. _urnea . I_I lIte with clear ICC888.
$83,461.03
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