HomeMy WebLinkAbout14- Parks, Recreation & Community Services ORIGINAL
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: Kevin Hawkins, Director Subject: Resolution of the Mayor and Common Council of
the City of San Bernardino authorizing the
Dept: Parks, Recreation& Community execution of a Vendor Service Agreement and
Services Dept. 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
Date: October 18, 2010 installation of modular buildings at Al Guhin Park
per Capital Improvement Program project PR04-
2R_
M/CC Meeting Date: November 1, 2010
Synopsis of Previous Council Action:
i
3-1-2010 — Mayor and Common Council approved Resolution 2010-34 approving an agreement for
services with Transtech Engineers, inc. for design of the community center at Al Guhin
{ Park.
9-21-2009- 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.
Recommended motion:
a
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Adopt Resolution.
Signature
Contact person: Robert Lennox Phone: 384-5031
Supporting data attached: Staff Report, Reso,Contract Ward: 5
FUNDING REQUIREMENTS: Amount: $83,461.03
Source: (Acct. No.): 208-160-5504-7743-0025
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(Acct. Description): Verdemont Capital Project Fund
Finance:
Council Notes: S6 JzljQ
Agenda Item No. I I
3
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
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.
Background:
The Mayor and City Council have previously approved various resolutions supporting the
construction of a community center in the Verdemont neighborhood. In FY09-10, following the
direction of the Mayor and City Council, staff from the Development Services Department and
the Parks, Recreation and Community Services Department met with various vendors to review
proposals and concepts for a community center at Al Guhin Park. As a result of these meetings,
Transtech Inc., the selected vendor responsible for design of the community center, completed a
plan for the placement of a modular building in the park. The project was engineered as a
modular construction versus a traditional "brick and mortar" structure to ensure the project
budget did not exceed the available funds.
In the spirit of providing savings on this project, staff consulted with the Facilities Management
Department to determine the most affordable opportunities for purchasing the modular buildings.
Several modular building vendors were surveyed and quotes were received for both new and
used structures. As a result, only one vendor was able to provide the modular building that had
the unique specifications necessary for operation of a community center. Coincidently, this
vendor had several matching used units in stock and available for purchase, delivery and
installation. Williams Scotsman, Inc. is a leader in the mobile and modular space industry, with
innovative industry solutions for the construction, education, industrial, commercial/retail, and
healthcare and government markets. They specialize in providing renovated modular units for
use in the public sector and offer turnkey options that include custom floor plans and
modifications.
Williams Scotsman Inc. can provide a unique product for this project that is not offered by other
vendors and has the preferred units in stock. The proposed building is comprised of six, 12 foot
by 60 foot, modular units assembled together as one structure. The scope of services includes all
materials, assembly, delivery, interior and exterior renovation, and flooring. Connection to
utilities, site preparation, and integration into the park plan will be included in the scope of
services of the general contractor selected for the overall park and community center
development. Therefore, staff recommends that the Mayor and Common Council authorize the
execution of an agreement and purchase order in the amount of $83,461.03 to Williams
Scotsman, Inc. for the purchase and installation of modular buildings at Al Guhin Park
Financial Impact:
Funds for this project are available in the CIP project for the Verdemont Community Center
(Account No. 208-160-5504-7743-0025).
Account No.: 208-160-5504-7743-0025 Budgeted Amount: $283,500.00
Balance as of 10/18/2010: $259,840.00 Balance after Approval of Item: $131,518.97
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
Recommendation:
Adopt Resolution.
i [P- '
1 RESOLUTION NO.
3
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
1 SERVICE AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE
4
AMOUNT OF $83,461.03 BETWEEN THE CITY OF SAN BERNARDINO AND
5 WILLIAMS SCOTSMAN, INC. FOR THE PURCHASE AND INSTALLATION OF
MODULAR BUILDINGS AT AL GUHIN PARK PER CAPITAL IMPROVEMENT
6 PROGRAM PROJECT PR04-28.
7 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
9
development planning prior to the placement of a modular unit at Al Guhin Park, and;
10
WHEREAS, Williams Scotsman Inc. will provide modular units that are unique and
11
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12 significantly reduced in cost as used materials; however to be fully renovated, retrofitted, and
a
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13 repurposed for City use; and
14 WHEREAS, the term of the Agreement shall be from November 1, 2010 through June
15
30, 2011.
16
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
17
3
18 CITY OF SAN BERNARDINO AS FOLLOWS:
19 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to
20 execute on behalf of said City an Agreement between the City of San Bernardino and Williams
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21 Scotsman, Inc., a copy of which is attached hereto, marked as Exhibit "A", and incorporated
22
herein by this reference as fully as though set forth at length.
23
24
SECTION 2. That pursuant to this determination the Director of Finance or her
25 designee is hereby authorized to issue a purchase order to Williams Scotsman, Inc. in the
26 amount of$83,461.03 for FY 10-11.
27
28
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
4 SERVICE AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE
AMOUNT OF $83,461.03 BETWEEN THE CITY OF SAN BERNARDINO AND
5 WILLIAMS SCOTSMAN, INC. FOR THE PURCHASE AND INSTALLATION OF
MODULAR BUILDINGS AT AL GUHIN PARK PER CAPITAL IMPROVEMENT
6 PROGRAM PROJECT PR04-28.
7 SECTION 3. The authorization to execute the above referenced Purchase Order and
8
Agreement is rescinded if it is not executed by both parties within sixty(60) days of the passage
9
10 of this resolution.
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18 ///
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1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
SERVICE AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE
4 AMOUNT OF $83,461.03 BETWEEN THE CITY OF SAN BERNARDINO AND
5 WILLIAMS SCOTSMAN, INC. FOR THE PURCHASE AND INSTALLATION OF
MODULAR BUILDINGS AT AL GUHIN PARK PER CAPITAL IMPROVEMENT
6 PROGRAM PROJECT PR04-28.
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a meeting thereof, held on the
9
day of , 2010, by the following vote, to wit:
10
11 Council Members: AYES NAYS ABSTAIN ABSENT
12 MARQUEZ
13 DESJARDINS
14 BRINKER
15
SHORETT
16
KELLEY
17
18 JOHNSON
19 McCAMMACK
20
21 Rachel Clark, City Clerk
22 The foregoing resolution is hereby approved this day of 52010.
23
24 --
25 Patrick J. Morris, Mayor
City of San Bernardino
26 Al
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28 -
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1 ,
EXHIBIT A
3
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').
l
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:
l
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
i
S
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.
a 1
EXHIBIT A
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3. TERM; TERMINATION.
The term of this agreement shall be from November 1, 2010 through June 30, 2011.This
3
Agreement may be terminated at any time by thirty (30) days prior written notice by either party.
a
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
i
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
s
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
i
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the Vendor relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement.
l
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
i
2
J
3 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
i
the policy.
i
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.
k provided b this Agreement, but for all intents and
VENDOR shall perform work tasks p y g ,
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.
a
3
I
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
i
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
1
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
a
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:
3
EXHIBIT A
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement.
12. VENUE.
1
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.
i The subject headings of the sections of this Agreement are included for the purposes of
1
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
3
ry 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
3
enforceability of the remaining terms and provisions hereof or of the offending provision in any
i
a
other circumstance, and the remaining provisions of this Agreement shall remain in full force
z
and effect.
5
1
i
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.
3
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.
1
i
15. HEADINGS.
3
i
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
l provisions.
9
16. SEVERABILITY.
t
If any provision of this Agreement is determined by a court of competent jurisdiction to
l
be invalid or unenforceable for any reason, such determination shall not affect the validity or
3
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
3
and effect.
OWN
5
1
'3
3
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
EXHIBIT'B
SPACE BY WILLIAMS SCOTSMAN,INC Quote Number:.60911 ... ,
® 11811 Greenstone Avenue Date: October 18,2010
' Santa Fe Springs,CA 90670 Expiration: November 17,2010
Phone:(562)903-9200 Ext.44124
SCOTSMAN Fax:(562)903-9210
Toll Free:800-782-1500
Carmen Rivera
Sales Representative
cjrivera@wiliscot.com
._.. � �� � i�11 �Y„dlsr� � A 0 0 S �� �'�i'"T.sia":�� i'u�dLrl♦"$adl'"•2 3��1..��+i '',���'"�i�P '���iw�>an�immrsYPi�k�s
Customer: Contact: Ship To:
CITY OF SAN BERNARDINO Robert Lennox
300 N"D"STREET 1350 South"E"Street SAN BERNARDINO,CA
SAN BERNARDINO,California 92418 San Bernardino,CA 92408` 92408 US
Phone:(909)384-5160
Fax:(909)384-5031
Email:lennox—ro@sbcity.org
-
64x72 Modular (60x72 Box)
PURCHASE PRICE $68,768.75 DELIVERY FREIGHT: $2,004.72
INSTALLATION: $6,798.40
OPTIONS
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
In addition to the above quoted prices,customer shall pay Williams Scotsman any local,state,or provincial federal endlor personal property TOTAL CHARGES: $83,461.03
tax or fees related to the equipment or its user.Physical Damage and commercial liability Insurance coverage are required beginning on
the dale of delivery.
Williams Scotsman is not responsible for changes required by local code or building Inspectors.Customer Is responsible for locating and - -
marking underground utilities prior to deliver.Quote assumes a level site vAth deer access.
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EXHIBIT B
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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
i 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
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
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 respopsible 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
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
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
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 12010 CITY OF SAN BERNARDINO
By:
Charles McNeely, City Manager
Approved as to Form:
James F. Penman, City Attorney
By:
6
EXHIBIT B
SPACE BY WILLIAMS SCOTSMAN,INC Quote Number:60911 .-
® 11811 Greenstone Avenue Date: October 18,2010
Santa Fe Springs,CA 90670 Expiration: November 17,2010
Phone:(562)903-9200 Ext.44124
S C O T S M /a N Fax:(562)903-9210
Toll Free:800-782-1500
Carmen Rivera
Sales Representative
cjrivera @willscot.com
Customer: Contact: Ship To:
CITY OF SAN BERNARDINO Robert Lennox
300 N"D"STREET 1350 South"E"Street SAN BERNARDINO,CA
SAN BERNARDINO,California 92418 San Bernardino,CA 92408` -'}°` 92408 US
Phone:(909)384-5160
Fax:(909)384-5031
Email:lennox_ro @sbcity.org
64x72 Modular(60x72 Box) --
PURCHASE PRICE $68,768.75 DELIVERY FREIGHT: $2,004.72
INSTALLATION: $8,798.40
OPTIONS
QTY DESCRIPTION PRICE EXTENDED
40 Tiedowns Into dirt $74.30 $2,972.00
6 License fee $92.86 $557.16
6 License transfer fee $60.00 $360.00
Inadditlontotheabovequotedprices,customershallpayWilliamsScotsmananylocal,state,orprovinclal federal and/or personal property TOTAL CHARGES: $83,461.03
tax or fees related to the equipment or its user.Physical Damage and commercial liability Insurance coverage are required beginning on _
the date of delivery.
Wlillams Scotsman is not responsible for changes required by local code or building Inspectors.Customer Is responsible for locating and
marking underground utilities prior to deliver.Quote assumes a level site with dear access.
C/1 EXHIBIT B
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