HomeMy WebLinkAbout06.M- Parks, Recreation & Community Services RESOLUTION(ID# 1949) DOC ID: 1949
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Purchase Order
From: Kevin L. Hawkins M/CC Meeting Date: 08/06/2012
Prepared by: Harriet Myers, (909) 384-5233
Dept: Parks, Recreation&Community Ward(s): All
Services
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. 001-380-5111-2003-0069
Account Description: Aquatics
Balance as of-.July 1, 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:
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 for the first year with two single-
year renewal options.
June 18, 2007 - Resolution No. 2007-194 was adopted 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
FY2006/2007 to Waterline Technologies, Inc., in the amount of$30,940.
Background:
T 1ndated•7040012 by Heidi Aten Page 1
1949
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), a slide pool (Perris Hill), the Boys &Girls Club Pool, and the Delmann Heights
Pool (Boys & Girls Club). All City pools require year-round chemical maintenance. The liquid
chemicals chlorine and acid are required to maintain proper water balance and sanitation. The
quantity of pool chemicals used at the six aquatic locations fluctuates due to yearly weather
changes, equipment failures, and/or levels of usage at the pools, though the heaviest consumption
of these chemicals occurs during the high-use summer months between June and September.
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. Listed
below are the bids received:
Company Bid Amount Location
! Inter Valley Pool Supply $28,330 Pomona
v Commercial Aquatic Services, Inc. $28,856 Tustin
Waterline Technologies $30,060 Santa Ana
Fuller Engineering $34,373 Anaheim
Leslie's Swimming Pool Supplies No Response Phoenix, AZ'
Jones Chemicals, Inc. No Response Torrance
In The Swim No Bid West Chicago, IL
*Note: This item was originally presented at the May 22, 2012 Council Meeting. San Bernardino
was the location provided in the staff report of Leslie's Swimming Pool Supplies. As discussed
with the City Attorney's Office, three years ago when the Department solicited bids (3 year
agreement), we contacted a local vendor (Leslie Pools in San Bernardino). Leslie indicated that
commercial volume bid requests were not handled locally and that a bid request should be sent to
their corporate office in Phoenix, AZ. Following those instructions, staff sent the RFQ to their
offices in Phoenix, AZ; no response was received from Leslie's Swimming Pool Supplies
corporate office.
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Undated: 7/23/2012 by Heidi Aten
1949
For this bid process, staff followed the instructions given by Leslie before and sent the request
directly to the Phoenix office; again, no response was received. It is important to note that staff
always makes an effort to utilize local vendors. The Department frequently utilizes Leslie's
Swimming Pool Supplies and San Bernardino Pools for small,routine pool-related purchases.
Over the past 20 years, the City has contracted on and off with Inter Valley Pool Supply for pool
chemical supply and delivery, including the last three-year contract. 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 the
FY2010-2011 actual pool chemical use and need. Staff proposes 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:
Supportin¢Documents:
VSA Inter Valley Pool Supply 070112 (PDF)
reso 1949 (PDF)
Updated:7/23/2012 by Heidi Aten Page 3
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EXHIBIT "A"
VENDOR SERVICE AGREEMENT
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This Vendor Service Agreement is entered into this day of , 2012, by
and between Inter Valley Pool Supply, Inc. ("VENDOR") and the City of San Bernardino
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("CITY"or"San Bernardino").
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WITNESSETH: IL
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WHEREAS, the Mayor and Common Council have determined that it is advantageous
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and in the best interest of the CITY to procure supply and delivery of liquid chlorine and acid for m
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the City's pools to maintain proper water balance and sanitation; and o
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WHEREAS, the City of San Bernardino did solicit and accept bids from a number of
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vendors for the supply and delivery of liquid chlorine and acid, and Inter Valley Pool Supply was
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the lowest and best bidder; and
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WHEREAS, Inter Valley Pool Supply has satisfactorily provided liquid chlorine and g
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acid for use at City's pools previously. w
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NOW, THEREFORE,the parties hereto agree as follows:
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1. SCOPE OF SERVICES. T
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For the remuneration stipulated, the CITY hereby engages the services of VENDOR to )
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supply and deliver liquid chlorine and acid according to the specifications and price set forth in a
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Attachment"A"by this reference made a part hereof. >
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2. COMPENSATION AND EXPENSES. a
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For services provided by Inter Valley Pool Supply, the CITY, upon presentation
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of invoices, shall pay the VENDOR an amount of $28,330, with a contingency amount of v
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$5,000, for a total not-to-exceed amount of$33,330.
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3. TERM.
VENDOR shall perform all services, provide all supplies, and receive payment from
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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 i cc
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increase by more than 5%per year.
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4. INDEMNITY.
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Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, >
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agents or representatives, free and harmless from all claims, actions, damages and liabilities of s
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any kind and nature arising from bodily injury, including death, or property damage, based or $
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asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
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subcontractors, relating to or in any way connected with the accomplishment of the work or a
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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 c
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representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its X
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own expense, including attorney's fees, the City, its elected officials, employees, agents or o
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representatives from any and all legal actions based upon such actual or alleged acts or Z.CL
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omissions. Vendor hereby waives any and all rights to any types of express or implied
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indemnity against the City, its elected officials, employees, agents or representatives, with a
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respect to third party claims against the Vendor relating to or in any way connected with the
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accomplishment of the work or performance of services under this Agreement. a
5. INSURANCE.
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While not restricting or limiting the foregoing, during the term of this Agreement, v
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VENDOR 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
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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
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named insured in each policy of insurance provided hereunder. The Certificate of Insurance
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furnished to the CITY shall require the insurer to notify CITY at least thirty (30) days prior to >
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any change in or termination of the policy.
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6. NON-DISCRIMINATION. ca
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In the performance of this Agreement and in the hiring and recruitment of employees, >
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VENDOR shall not engage in, not permit its officers, employees or agents to engage in, d
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discrimination in employment of persons because of their race, religion, color, national origin, c
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ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
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sexual orientation, or any other status protected by law. a
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7. INDEPENDENT CONTRACTOR
VENDOR shall perform work tasks provided by this Agreement, but for all intents and o
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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
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Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 21
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Compensation, and other payroll deductions for VENDOR and its officers, agents, and a'
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employees, and all business licenses, if any are required, in connection with the services to be
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performed hereunder. >
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. a
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VENDOR warrants that it possesses or shall obtain, and maintain a business registration
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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 a
to practice its business or profession.
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9. NOTICES.
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:
TO THE CITY: Director of Parks, Recreation and Community Services
1350 South E Street
San Bernardino, CA 92408 a_
Telephone: (909)384-5233 °s
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TO THE VENDOR: Inter Valle Pool Supply, Inc.
1415 E. 3` Street 2
Pomona,CA 91766
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Telephone: (626) 969-5657
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10. ATTORNEYS' FEES a°
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In the event that litigation is brought by any party in connection with this Agreement, the Q
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
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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
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enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the °
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purposes of this paragraph. ;
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11. ASSIGNMENT. °o
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VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or R
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
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written consent. An attempted assignment, >
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and shall constitute a breach of this Agreement and cause for the termination of this Agreement. E
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Regardless of CITY's consent, no subletting or assignment shall release VENDOR of a
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement.
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12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
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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, >
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Riverside Division. The aforementioned choice of venue is intended by the parties to be c
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mandatory and not permissive in nature.
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13. GOVERNING LAW. >
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This Agreement shall be governed by the laws of the State of California. m
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14. SUCCESSORS AND ASSIGNS. o
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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. a
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15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of c
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convenience only and shall not affect the construction or the interpretation of any of its W
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provisions.
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16. SEVERABILITY. a
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If any provision of this Agreement is determined by a court of competent jurisdiction to a
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be invalid or unenforceable for any reason, such determination shall not affect the validity or d
enforceability of the remaining terms and provisions hereof or of the offending provision in any
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other circumstance, and the remaining provisions of this Agreement shall remain in full force Q
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and effect.
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17. ENTIRE AGREEMENT; MODIFICATION. E
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This Agreement constitutes the entire agreement and the understanding between the Q
parties, and supersedes any prior agreements and understandings relating to the subject matter of
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VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND INTER VALLEY POOL SUPPLY,INC.
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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 o
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and date set forth below. Q
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Dated 2012 VENDOR: Inter Valley Pool Supply ;
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By:
Its:
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Dated 2012 CITY OF SAN BERNARDINO
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By:
City Manager or Designee
Approved as to form:
James F. Penman, City Attorney N
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6XB
1 RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY O
3 SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
VENDOR SERVICE AGREEMENT AND THE DIRECTOR OF FINANCE TO ISSU
4 AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $28,330, WITH
5 CONTINGENCY AMOUNT OF $5,000, TO INTER VALLEY POOL SUPPLY FOR
SWIMMING POOL CHEMICALS (CHLORINE AND ACID) FOR FY 2012/13 WIT
6 TWO ADDITIONAL SINGLE-YEAR RENEWAL OPTIONS. w
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7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT m
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OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That Inter Valley Pool Supply provides routine restocking of chemicals at a.
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11 city swim pools through an annual contract. Pursuant to this determination the City Manager i
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12 hereby authorized and directed to execute a vendor service agreement and the Purchasing E
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13 Manager is hereby authorized and directed to issue an annual purchase order in the amount o
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la $28,330 to Inter Valley Pool Supply for FY 2012/13 with two additional single-year renewal a.
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options. A contingency amount of$5,000 is also authorized for unforeseeable chemical uses. a
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17 SECTION 2. The authorization to execute the above referenced Vendor Services rn
18 Agreement and Annual Purchase Order is rescinded if the purchase order is not issued withi
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19 sixty(60)days of the passage of this resolution.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY O
2 SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
VENDOR SERVICE AGREEMENT AND THE DIRECTOR OF FINANCE TO ISSU
3 AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $28,330, WITH
CONTINGENCY AMOUNT OF $5,000, TO INTER VALLEY POOL SUPPLY FOR
4 SWIMMING POOL CHEMICALS (CHLORINE AND ACID) FOR FY 2012/13 WITH
5 TWO ADDITIONAL SINGLE-YEAR RENEWAL OPTIONS.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an a
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7 Common Council of the City of San Bernardino at a meeting thereof, held on the
8 day of 2012,by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT O
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11 MARQUEZ
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12 VALDIVIA
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13 JENKINS
14 SHORETT a°
15 KELLEY
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17 JOHNSON
18 MCCAMMACK
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20 Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of 2012. o
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24 Patrick J.Morris, Mayor v
City of San Bernardino a
25 Approved as to Form:
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es F. Penman,
28 City Attorney
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