HomeMy WebLinkAbout08.C- Parks, Recreation & Community Services
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S.C
RESOLUTION (10 # 1825)
DOC m: 1825 A
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Purchase Order
From: Kevin L. Hawkins
M/CC Meeting Date: OS/2112012
Prepared by: Mitch Assumma, (909) 384-
5233
Dept: Parks, Recreation & Community
Services
Ward(s): All
Subject:
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 $28,330, with a Contingency Amount of $5,000, to
Inter Valley Pool Supply, Inc. for Swimming Pool Chemicals (Chlorine and Acid) for FY
2012/13, with Two Additional Single-Year Renewal Options.
Financial Impact:
Account Budgeted Amount: $33,330
Account No. 001-380-51 11-2003-0069
Account Description: Aquatics
Balance as of:July I, 2012
Balance After This Purchase: $36,470
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 Resolution.
Synopsis of Previous Council Action:
Updated: 5/17/2012 by Sabdi Sanchez A
I-packet Pg. 223
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1825
June 15,2009 - Resolution No. 2009-155 was approved, authorizing an annual purchase order
for FY2009/2010 to Inter Valley Pool Supply, Inc. in the amount of $29,500, with a contingency
amount of $6,500 for supply and delivery of pool chemicals, the first year with two single-year
renewal options.
June 18,2007 - Mayor and Common Council adopted Resolution No. 2007-194, authorizing an
increase of $11,000 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 was approved, authorizing an annual purchase order for
FY200612007 to Waterline Technologies, Inc. in the amount of $30,940.
Back1!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, two wading pools (Perris
Hill and Nunez), one slide pool (Perris Hill), Boys & Girls Club Pool and 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. These chemicals are required on a year-round basis at all City pools.
The Parks, Recreation and Community Services Department prepared the appropriate
specifications and furnished request for quotation (RFQ) documents to seven (7) vendors.
There were no local vendors who could support the specifications. The bid process was
completed on April 30,2012. The City received four (4) bids. The bids were as follows:
COmDan\'
Bid Amollnt
Location
Inter Valley Pool Supply
$28,330
$28,856
$30,060
$34,373
Santa Ana
Anaheim
Pomona
Commercial Aquatic Services, Inc.
Tustin
Waterline Technologies
Fuller Engineering
Leslie's Swimming Pool Supplies
Jones Chemicals, Inc.
San Bernardino
Torrance
No Response
No Response
In The Swim
No Bid
West Chicago, IL
Updated: 5/17/2012 by Sabdi Sanchez A
I - Pac~et Pg. 224 I
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1825
The City has contracted on and off in the past 20 years with Inter Valley Pool Supply for pool
chemicals (liquid chlorine and acid) supply and delivery, with the previous three years awarded
to them. The lowest acceptable bid of $28,330 by Inter Valley Pool Supply meets all
specifications to include supply and delivery of liquid chlorine and liquid acid and is, therefore,
the best bid. This bid is consistent with FY20 10-20 II actual pool chemical use and need and
reflects about a 4% price reduction. Staff proposes making this a one-year Purchase Requisition
plus two additional single-year renewal options with no more than a 5% allowable increase per
year. A $5,000 contingency amount is recommended to cover fluctuating chemical use due to
unpredictable weather changes, bather load, and equipment failures.
City Attorney Review:
SUDDortin!! Documents:
VSA Inter Valley Pool Supply 5-7-12
(PDF)
12-13+ Council Agenda Inter Valley Pool Supply PO, 5-2-12
(DOC)
Pool Chemical Reso (DOT)
reso 1825
(PDF)
agrmt 1825 (PDF)
Pool Chemical Reso (PDF)
8.C
Updated: 5/17/20t2 by Sabdi Sanchez A
I -packet Pg. 225
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EXHIBIT "A"
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 7th day of May, 2012, by and
between Inter Valley Pool Supply, Inc. ("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:
I. 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 $28,330, with a contingency amount of
$5,000, for a total not-to-exceed amount of$33,330.
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3.
TERJ'\1.
VENDOR shall perform all services, provide all supplies, and receive payment from
invoicing outlined in this agreement from July 1, 2012 through June 30, 2013, 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.
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
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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.
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,
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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
1350 South E Street
San Bernardino, CA 92408
Telephone: (909)384-5233
TO THE VENDOR:
Inter Vall~ Pool Supply, Inc.
1415E.3 Street
Pomona, CA 91766
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.
II.
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
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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.
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.
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VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND INTER V ALLEY POOL SUPPLY, INC.
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
,2012
VENDOR: Inter Valley Pool Supply
By:
Its:
Dated
,2012
CITY OF SAN BERNARDINO
By:
City Manager or Designee
Approved as to form:
JAMES F. PENMAN,
City Attorney
By:
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RESOLUTION NO.
2
3
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
VENDOR SERVICE AGREEMENT AND THE DIRECTOR OF FINANCE TO ISSU .
AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $28,330, WITH
CONTINGENCY AMOUNT OF S5,000, TO INTER VALLEY POOL SUPPLY FO
SWIMMING POOL CHEMICALS (CHLORINE AND ACID) FOR FY 2012/13 WIT
TWO ADDITIONAL SINGLE-YEAR RENEWAL OPTIONS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT
9
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That Inter Valley Pool Supply provides routine restocking of chemicals a
11
city swim pools through an annual contract. Pursuant to this determination the City Manager i
12
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hereby authorized and directed to execute a vendor service agreement and the Purchasin
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Manager is hereby authorized and directed to issue an annual purchase order in the amount 0
$28,330 to Inter Valley Pool Supply for FY 2012/13 with two additional single-year renewa
options. A contingency amount of$5,000 is also authorized for unforeseeable chemical uses.
17
SECTION 2. The authorization to execute the above referenced Annual Purchase Orde
18
is rescinded if the purchase order is not issued within sixty (60) days of the passage of thi
19
20 resolution.
21 III
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
VENDOR SERVICE AGREEMENT AND THE DIRECTOR OF FINANCE TO ISSU
AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $28,330, WITH
CONTINGENCY AMOUNT OF $5,000, TO INTER VALLEY POOL SUPPLY FO
SWIMMING POOL CHEMICALS (CHLORINE AND ACID) FOR FY 20I2/I3 WITI
TWO ADDITIONAL SINGLE- YEAR RENEWAL OPTIONS.
3
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
7
Common Council of the City of San Bernardino at a
meeting thereof, held on the
8 day of
9 Council Members:
10 MARQUEZ
11
JENKINS
12
13 VALDIVIA
, 2012, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Georgeann Hanna, City Clerk
The foregoing resolution is hereby approved this
day of
.2012.
25
Patrick J. Morris, Mayor
City of San Bernardino
26
Approved as to Form:
JAMES F. PENMAN2
Ci ttorney
kclM-" bd
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EXHIBIT "A"
VENDOR SERVICE AGREEMENT
Tbis Vendor Service Agreement is entered into this 7th day of May, 2012, by and
between Inter Valley Pool Supply, Inc. ("VENDOR") and the City of San Bernardino
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("CITY" or "San Bernardino"),
WITNESSETH:
WHEREAS, the Mayor and Common Council have detennined that it is
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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
14
vendors for the supply and delivery of liquid cWorine and acid, and Inter Valley Pool Supply
was the lowest and best bidder; and
15
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WHEREAS, Inter Valley Pool Supply has satisfactorily provided liquid chlorine and
17
acid for use at City's pools previously.
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NOW, THEREFORE, the parties hereto agree as follows:
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1.
SCOPE OF SERVICES.
20
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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
22
23 in Attachment "An by this reference made a part hereof
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24 2.
COMPENSATION AND EXPENSES.
For services provided by Inter Valley Pool Supply, the CITY, upon
resentation of invoices, shall pay the VENDOR an amounl of $28.330, with a contingency
aunt of$5,000, for a total not-la-exceed amount of$33,330.
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3. TERM.
VENDOR shall perform all services, provide all supplies, and receive payment from
invoicing outlined in this agreement from July I, 2012 through June 30, 2013, 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
liahilities 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 nnder 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
fficials, employees, agents or representatives from any and all legal actions based upon such
ctual or alleged acts or omissions. Vendor hercby waives any and all rights to any types of
xpress or implied indemnity against the City, its elected officials, employees, agents or
presentatives, with respect to third party claims against the Vendor relating to or in any way
onnected with the accomplishment of the work or performance of services under this
greement.
INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreemen~
ENDOR shall maintain in effect policies of comprehensive public, general and automobile
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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
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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.
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In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor pennit 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
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and purposes VENDOR shall be an independent contractor and not an agent or employee of
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of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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employees, and all business licenses, if any are required, in colUlection with the services to be
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8.
REQUIREMENTS.
OTHER
BUSINESS
REGISTRATION
CERTIFICATE
AND
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VENDOR warrants that it possesses or shall obtain, and maintain a business
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registration certificate pursuant to Chapter 5 of the Municipal Code, aild any other licenses,
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pennits, qualifications, insurance and approval of whatever nature that are legally required of
VENDOR to practice its business or profession.
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9.
NOTICES,
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Any notices to be given pursuant to this Agreement shall be deposited with the United
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States Postal Service, postage prepaid and addressed as follows:
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TO THE CITY:
Director of Parks, Recreation and Community Services
1350 South E Street
San Bernardino, CA 92408
Telephone: (909)384-5233
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TO THE VENDOR:
Inter Valley Pool Supply, Inc.
1415 E. 3'" Street
Pomona, CA 91766
Telephone: (626) 969-5657
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10. ATTORNEYS' FEES
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In the event that litigation is brought by any party in connection with this Agreement,
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the prevailing party shall be entitled to recover from the opposing party all costs and
xpenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise
f any of its rights or remedies hereunder or the enforcement of any of the terms, conditions
r provisions hereof. The costs, salary and expenses of the City Attorney and members ofhis
ffice in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
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ees" for the purposes of this paragraph.
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I J. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, subJet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, Iransfer, subletting or encumbrance shall be
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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
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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 bc 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 Dislrict ofCaJifornia,
Riverside Division. Tbe aforementioned cboice of venue is intended by the parties to be
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mandatory and not pennissive in nature.
13. GOVERNING LA W.
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This Agreement shall be governed by the laws of the State ofC.Hfomia.
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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.
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IS. HEADINGS.
The subject headings of the sections of this Agreement are inclUded for the purposes 0
convenience only and shall not affect the construction or the intetpretation of any of its
provisions.
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16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction t
be invalid or unenforceable for any reason, such determination shall not affect the validity 0
enforceability of the remaining terms and provisions hereof or of the offending provision in an
other circumstance, and the remaining provisions of this Agreement shall remain in full fore
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between th
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 instrumen
execuled by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the da
and date set forth below.
Dated
,2012
VENDOR: Inter Valley POol Supply
By:
Its:
Dated
,2012
CTIY OF SAN BERNARDINO
By:
City Manager or Designee
Approved as to form:
JAME . PENMAN, "J
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