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HomeMy WebLinkAbout28-Parks and Recreation . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ~ From: Kevin 1. Hawkins, Director Subject: Resolution 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 additional sinl!le-vear renewal ootions. Dept: Parks, Recreation & Community Services Dept. Date: May 12, 2009 MICC Meeting Date: June 15,2009 Synopsis of Previous Council Action: June 18,2007 - Mayor and Common Council adopted Resolution No. 2007-194, authorizing an increase to an annual purchase order, with two single year renewal options, to Waterline Technologies, Inc. for pool chemicals. June 5, 2006 - Resolution No. 2006-165 adopted, authorizing an annual purchase order in the amount of $30,940 for swimming pool chemicals. Recommended motion: A / ' / Adopt Resolution. Signature Contact person: Mitch Assumma Phone: 384-5132 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: $36,000 in FY 09/10 ($29,500, plus a contingency amount of$6,500) Source: (Acct. No.) 001-389-5111 (Acct. Description) Sports/Aquatics Materials & Sunnlies Finance: ~o 2CXJc;>... /55 Council Notes: Agenda Item No. ~e {p "IS" <17 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: 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. Backl!round: The Parks, Recreation and Community Services Department contracts for the delivery of swimming pool chemicals for use at the city's four swimming pools, one wading pool (Perris Hill), one slide pool (Perris Hill), the Boys & Girls Club Pool and the Delmann Heights Pool (Boys & Girls Club). These two liquid chemicals (chlorine and acid) are required year-round to maintain proper water balance and sanitation, with heaviest consumption during the high-use summer months (June - September). The amount of chemical use for the six aquatic locations fluctuates due to yearly weather changes, equipment failures, and/or level of usage (bather load) of the pools. The Parks, Recreation and Community Services Department prepared the appropriate specifications and furnished request for quotation (RFQ) documents to six (6) vendors. There were no local vendors who could provide the specified chemicals. The bid process was completed on April 30, 2009. The City received four (4) responsive bids. The bids were as follows: Company Inter Valley Pool Supply Waterline Technologies B's Pool Supplies Fuller Engineering Leslie's Swimming Pool Supplies Jones Chemicals, Inc. Bid Amount $29,332 $32,356 $33,820 $36,860 No Response No Response Location Azusa Santa Ana Riverside Anaheim San Bernardino Torrance The City has contracted intermittently over the past 20 years with Inter Valley Pool Supply for the supply and delivery of liquid chlorine and acid. During the most recent six year period, the City has contracted with Waterline Technologies, Inc. to supply and deliver these products. During the current bid cycle, Inter Valley Pool Supply submitted the lowest responsible bid of $29,332. The bid quantities are consistent with FY 08/09 actual pool chemical requirements; however quantities vary relative to usage and weather conditions. Therefore, staff recommends awarding a one-year annual Purchase Order in the amount of $29,500, with a contingency amount of $6,500, 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. The vendor indicated that the City's requested five percent reduction was factored into the bid pricing submitted by Inter Valley Pool Supply. Financial Impact: It is anticipated that funding in the amount of $36,000 will be available in the Sports and Aquatics Materials and Supplies line item (Account No. 001-389-511 I) in the Parks, Recreation and Community Service Department's Fiscal Year 2009/10 Budget. Recommendation: Adopt Resolution. 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 ~O~lf 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 ofthis resolution. III III III III III III 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 RENEWAL OPTIONS. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of ,2009, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER SHORETT KELLEY JOHNSON MCCAMMACK Rachel Clark, City Clerk The foregoing resolution is hereby approved this day of ,2009. Patrick 1. Morris, Mayor City of San Bernardino EXHIBIT "A" VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this _ day of 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 ofliquid 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 ofliquid 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 chlorine 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 3. TERM. VENDOR shall perform all services, provide all supplies, and receive payment from invoicing outlined in this agreement from July I, 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 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 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 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 Agreement 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 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. III III III 4 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 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 convemence only and shall not affect the construction or the interpretation of any of its provisions. 5 VENDORSER~CEAGREEMENTBETWEEN 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 ,2009 VENDOR: Inter Valley Pool Supply By: Its: Dated ,2009 CITY OF SAN BERNARDINO By: Charles McNeely, City Manager Approved as to form: James F. Penman, City Attorney By: 6 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this _ day of 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 ofliquid 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 chlorine 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 $36,000. III I 3. TERM. VENDOR shall perform all services, provide all supplies, and receive payment from invoicing outlined in this agreement from July I, 2009 through June 30, 2010, with two single- year renewal options if the cost to provide these services in subsequent fiscal years does not increase by more than 5% per year. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omiSSIOns. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. III III III 2 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$I,OOO,OOO.OO combined single limit, 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 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 Agreement 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 9240 I 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 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. III III III 4 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 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 convemence only and shall not affect the construction or the interpretation of any of its proVISIOns. 5 VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INTER V ALLEY 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 ,2009 VENDOR: Inter Valley Pool Supply By: Its: Dated ,2009 CITY OF SAN BERNARDINO By: Charles McNeely, City Manager Approved as to form: James F. Penman, City Attorney 6 H'='-t~-i:/0iei:: 5{0~ frO!'1: mTERVALLEY POOL SUP 15259590237 9093845150 PARKS & REC: TO: 19093845160 "7 .. P,l f'A(;1:. ~~f~~ BeaUEST fOR QUOTATION - THIS 15 NOT AN ORD FROM THE cITY 01' SAN BERNARDINO purehping Dl>p.;ottmant 3M NO. D street, San Be",ardil>o, ell. 91418 (909)384-5233 fAJt 1909\384-5180 REPLY ISSUE 01'<<3 REO DUE BY 4/3012009 Of.,l-E. DEPT PReso 1'10# TYPE VLNDOR NAME Inter Valley Pool SupplV Vr.NDOR "DDRESS 6226 Santos Oiaz street CITY, STATE, ZIP Azusa, CA 91102 PHONE 626-969-5657 FAX 626-S69..Q2:>7 CONTACT :::;;;HN fA Y' PLr-ASE RESPOND WITH NO BID II' NOT BIDDING. FAILURE TO RESPOND WILL RESULT IN REMOVAL FROM 8\0 LIST. UNIT ITEM# DETAILLlESCRIPTION OF PRODUCT OR SERVICE aUAN UOM Il>RICE TOTAL PRICE Sodium Hvpochlorlte (12.5% solution). bulk. liculd 18.000 gal. I. IS 1/1 ~.t!:2 1 ,-- 2 Hvdrochloric Add (Muriatic Acid) - liauld oal. Container 2300 cal. \d. ~ b JIO. f!J- -, - Subtotal ;(p, '1(CJ, ~ f-- Include all other applicable chargeS @"Ii: J 'f~). 'E. 'FreiQht. Sales Tax. Service Charae.etc.) lax City reQuires "Full Freight Allowed", unless freight Freiclht -0 charges are specifically quoted herein. J.~ 33/'~ Total Bid - QUOTED PRICES SHALL BE EFFECTIVE 7/1/09 THROUGH 6/30/10 \;ITY CONTACT- NO CHAR.GE WILL BE ALLOWED OVER AND ABOVE pRICE.S QUOTED ON THIS SHEET. THE RIGHT IS RESERVED TO ACCEPT OR REJECT QUOTATIONS ON EACH ITEM. SEPARA TEL Y OR AS A WtlOLE. IF SUBSTITUTES ARE OFFERED MAKE FULL EXPLANATIDN AND INCLUDE BROCHURES l'ROM THE MANUFACTURER. 'f/:2.~/9 0[1* 7},tlu5 r3& ~~~ c:>~ ... Full Freight Destination Allowed QUOTE nATE FOB POINT SHIP VIA TERMS DELIVERY DATE FREIGHT VENDORS SIGNATURE ~~~ TITLE P~E~/tJff/Yr / \.7 TELEpj! t;"t,l 9J:. '1- S-c...> '7 PLEASE PRINT NAME ,,70A'# A-. F~ r QUOTEO PRICES EFFECTNE 7/1/09 thru 6130/10 ; ',.. P 1 , : ...~. ; .;'! ~xtf/g IT ~'A Ii