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HomeMy WebLinkAboutSports Supply Group in DBA Tomark Sports; 2009-04-23;PUBLIC WORKS LETTER OF AGREEMENT This letter will serve as an agreement between Sports Supply Group Inc. DBA (Tomark Sports), a Corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to install wall mats in the Calavera Community Center Gymnasium, per the Contractor's proposal dated April 19, 2009 and City specifications, for a sum not to exceed One Thousand Seven Hundred Dollars ($1,700.00). This work is to commence upon issuance of a Purchase Order and is to be completed within thirty (30) days thereafter. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and employer's liability in an insurable amount of not less than five hundred thousand dollars ($500,000) each, unless a lower amount is approved by the City Attorney or the City Manager. Said policies shall name the City of Carlsbad as a co-insured or additional insured. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key Rating guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4, California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 1265Q/et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. /??# init /fy init 6. The Contractor hereby acknowledges that debarment by arurfther jurisdiction is grounds fo the City o/Carlsbad to disqualify the Contractor from participating in contract bidding. init /U- init Revised 9/28/00 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 8. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: £ po r T S^/y* Y r* o <j Lori E. Swenck Parks & Recreation 2997 Glasgow Drive. Carlsbad. CA 82010 (Project Mgr) (Department) (Address) (Name of Contractor) (Contractor's License Number) By:_ (Sign Here) , (Print Name and Title) (E-mail Address) (ffgn Here) (Print Name and Title) ispBiUnpply8roup.com (E-mail Address) Department Head Date (Proper notarial acknowledgment of execution by Contractor must be attached) Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney Depqty City Attorney ~ 2 - Revised 9/28/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before Date personally appeared \Vw«j Here Insert Name aria Title of the f<» Namefs) of Signer(s) DARRitVvALEN jCOMM.# 1575144 SIOTARY PUBUOCAUFORNIAWRIVERSIDE COUNTY 0COMM. EXP. MAY 20.2009 ? who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h/nd and Place Notary Seal Above Signature OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other:. RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: dividual D Coh>qrate Officer — Title(s): D PartnerX,D Limited D Gener D Attorney in D Trustee Top of thumb here D Guardian or Con; D Other: Signer^Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 SPORT SUPPLY GROUP, INC. Secretary's Certificate of Directors' Resolutions I, Mark Harpin, do hereby certify that I am an Assistant Secretary of SPORT SUPPLY GROUP, INC., a Delaware corporation (the "Company") and that, as such, I am authorized to execute this certificate on behalf of the Company and do further certify that: The following resolution was adopted by the Company's Board of Directors on June 22,2007. RESOLVED, that the following individuals are hereby elected to the offices of the Company set opposite their respective names, to serve until the next annual election of officers of the Company or until their respective successors are duly elected and qualified: Name Office Adam Blumenfeld Chief Executive Officer and Chairman of the Board Terrence M. Babilla President, Chief Operating Officer, General Counsel and Secretary William R. Estill Chief Financial Officer John E. Pitts Senior Vice President-Finance Kurt Hagen Executive Vice President, Sales & Marketing Tevis Martin Executive Vice President, U. S. Operations John Bals Vice President-Sales Arthur J. Coerver Vice President-Product Development Harvey Rothenberg Vice President-Marketing Chris Bloomfield Assistant Secretary Adam Rhein Assistant Secretary Ruben Agustin Assistant Secretary Mark Harpin Assistant Secretary IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of July 2007. Mark Harpin, Assistant Secretary COMPANIES. D/B/A'S AND TRADENAMES Alumagoal The Athletic Connection BSN (including BSN Corp., BSN Sports, BSN West) Brute Force Bulldog Cata-Pole Champion Barbell Color My Class Conlin Bros. Curvemaster Earthball eSportsonIine.com Flag-A-Tag GSC Gamecraft The Heart Adventure Jungle Bug LAKCO Lady Cata-Pole Larry Black Sporting Goods Learning Through Movement Maxpro Multi-Fit NECamp New England Camp and Recreation North American Recreation (NAR) Passon's Sports* PilloPolo Port-A-Pit Pro Base Pro Down Quick Fence Rol-Dri Roll-N-Fold SSG SFT Safe Squat Sport Supply Group, Inc.* Sport Supply Group Employee Savings Plan Tidi Court Toppleball Tuffy TuffySFT U.S. Games Ultimat Volley Trainer Waffle Collegiate Pacific, Inc.* Collegiate Pacific 401K Plan The Discounter Dixie Sporting Goods Co., Inc.* Kesmil Manufacturing, Inc. Kcsslers Team Sports, Inc.* Orlando Team Sports, Inc.* Product Merchandising, Inc. Salkeld & Sons, Inc.* Tomark Sports, Inc.* Vantage Products International, Inc.* Team Print* Swiss Craft Embroidery Bocock Sporting Goods Markl Funnels "Indicates companies with physical locations. 6/11/07 'IJMffffK 8PQKTS P.O. Box 1088 Corona, CA 92878 TEL: 1 800 969 1844 FAX: 1 800 986 6275 Sold To: CITY OF CARLSBAD Jesse Almada 1635 Faraday Ave CARLSBAD CA 92008-7314 Quotation Repeat Printout Document Number P.O. Number Doc. Creation Date Customer Number Sales Rep Buyer 20239134 04/19/2009 1038216 Paul Truxaw JESSE ALMADA This Is NOT a Bill - DO NOT PAY. Ship To:CALAVERA HILLS PARK 2997 GLASGOW DRIVE CARLSBAD CA 92009 Payer- CITY OF CARLSBAD 1635 Faraday Ave CARLSBAD CA 92008-7314 We deliver according to the following terms and conditions: Terms of payment: Net 30 Quote Requested By Name Jesse Almada Tel 760-602-4684 Fax 760-729-6813 From Paul Truxaw 760-729-0727 pault@tomark.com Item Material SKU Order Qty Description Delivery Dtls) Del Qty Unit PriceProgram ID Extended Price 10 NSPINNOTAX NSPINNOTAX 1 EA NSP FOR TOMARK INSTALLS-NO TAX LABOR: WEST WALL- INSTALL SIX 16) EACH NEW 2' X 6' X 2" NEW WALL PADS ON THE EXISTING CHANNEL WITH ONE (V CUTOUT. EAST WALL: INSTALTTHmTY ONE (311 2' X 6' X 2" NEW WALL PADS ON THE EXISTING CHANNEL WITH FIVE (5J CUTOUTS. NOTE: CITY TO TAKE DOWN EXISTING PADS AND LEAVE THE EXISTING CHANNEL ON BOTH WALL. LABOR PRICE QUOTED IS AT PREVAILING WAGE RATE 06/22/2009 1,700.000 1,700.00 MDSE Total Shipping & Handling Sales Tax Final Amount 1,700.00 0.00 0.00 1,700.00 Caliloma PmfasMaa BS Wtming: This pmductfsl contains a chmiinl /known to the Slew of CtHfomu to cause cancer, tilth defects or other reproductive ham. Page 1 of 1