AGREEMENT TO PURCHASE MOBILE DRAFT WATER REDUCTION UNIT This Agreement for mobile draft water reduction unit, (“Agreement”) is entered into as of this ____ day of ________, 2025, by and between the City of Laguna Beach, a Municipal Corporation (“City”) and Pump-Pod USA, (a General Corporation) (“Contractor”) effective from ___________ 2025 and continues in effect through November __, 2026, based on the grant that the City has been awarded pursuant to the Water Saving Incentive Program (Application # WSP5196). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
WHEREAS, the City submitted an application to the Water Savings Incentive Program to help fund the purchase of a mobile draft water reduction unit from Pump-Pod USA (“Pump Pod Unit”); and
WHEREAS, the mobile draft water reduction unit immediately captures and recirculates the water normally wasted during firefighter training without cavitation or overheating by recirculating water between the pumping engine and the Pump Pod Unit; and
WHEREAS, on October 30, 2025, the City was notified that its application to the Water Savings Incentive Program was approved. In pertinent, the granted application provided fundings for the Pump Pod Unit via the Water Savings Incentive Program in an amount of $110,275 pursuant to the following schedule: (i) 50% initial payment made directly to the Contractor by the Water Savings Incentive Program ($55,137.50); 30% of costs after fabrication and inspection paid to the Contractor by the Water Savings Incentive Program ($33,082.50); and remaining 20% paid directly to City after a 6-month monitoring program ($22,055); and
WHEREAS, the City, desire to utilize the funding provided via the Water Saving Incentive Program. However, pursuant to the timing of the grant funding explained above, it will require a temporary budget allocation in the amount of $22,055 plus any taxes and delivery charge from the Contractor with the understanding that $22,055 would be paid to the City after 6 months. The taxes and delivery fees will be the responsibility of the City with plans that sponsorships and signage on the Pump Pod Unit will be offered to various water districts to make this a completely budget neutral project; and WHEREAS, Contractor has the experience, equipment, manpower, general ability, and resources as well as the necessary qualifications to provide the products and services; and
Attachment 1
3 WHEREAS, the City wishes to contract with Contractor to provide the City with Pump Pod Unit consistent with the terms and conditions set forth in the Water Saving Incentive Program Terms and Conditions and this Agreement.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the Parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are a part of this Agreement.
2. Scope of Work. Contractor will provide the fabrication and the delivery of the Pump-Pod Unit to the City. Delivery shall occur no later than July 1, 2026, unless otherwise agreed to by the Parties. Contractor represents and warrants that the Pump-Pod unit shall be of merchantable quality, free from defects in materials and workmanship, and fit for the particular purpose of this Agreement.
3. Compensation. City agrees to pay compensation in an amount not to exceed $22,055.00 plus taxes and delivery fee in an amount not to exceed $9,500.
Contractor acknowledges and agrees that the remaining cost of the Pump Pod Unit ($88,220.00) will be remitted to Contractor directly by the Water Savings Incentive Program.
4. General.
A. Terms and Conditions of the Water Savings Incentive Program. Except as otherwise adjusted herein, Contractor agrees to comply with all other terms and conditions of the Water Saving Incentive Program which are incorporated by reference.
B. Entire Agreement. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts and shall have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing, or by electronic signature, including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF image, of a signature, shall be treated as and shall have the same effect as an original signature. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties.
5. Authority to Execute Contract. The person(s) executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and 4 existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
6. Notices. Unless otherwise provided herein, any notices required to be given under the Agreement shall be in writing with copies as directed herein and shall be personally delivered, or delivered by United States mail, prepaid, certified, return receipt requested, or by reputable document delivery service that provides a receipt showing date and time of delivery. Notices personally delivered or delivered by a mail document delivery service shall be effective upon receipt. Any notice given by mail shall be deemed to have been given when deposited in the United States mails certified and postage prepaid, addressed to the party to be served as follows:
Contactor:
Pump-Pod USA
Attn: Bill Ward
3850 Royal Avenue, Suite B,
Simi Valley, CA 93063
City’s Project Manager:
City of Laguna Beach
Attn: Fire Department
505 Forest Avenue
Laguna Beach, CA 92651
[email protected]
Changes in the address to be used for receipt of notices shall be affected in accordance with this Section.
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5 IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
CITY OF LAGUNA BEACH
Approved By:
Nico King
Fire Chief
Approved as to Form:
City Attorney
PUMP-POD USA
Approved By:
Signature
Name
Title
Attested By:
Signature
Name
Title
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