Provides training for new hire orientation and continuous city-wide training in purchasing, bidding, and contracting procedures.
Ensures that all contracts and users of City facilities obtain required insurance. Recommends and implements programs to reduce costs and improve service for commodities utilized city-wide.
Coordinates the City’s efforts in the participation of cooperative purchases with other governmental agencies.
Identifies vendors who default on their contracts with the City and recommends an action of suspension or debarment.
Maintains all contract and performance bond files to ensure compliance. Serves as the web editor for purchasing and contracts web pages. Oversees city-issued purchasing card program.
Serves as a functional lead for the ERP system regarding requisitions/purchasing, contracts, and P-Card modules.
Administers the disposition of surplus property.
Maintains list of contractors for entitlements in compliance with State Campaign Finance Reporting.
Reviews and approves department requests for payments, travel expense reports, and employee expense reimbursements for compliance with the City’s purchasing policy. Reviews, allocates, and routes monthly city attorney invoices for payment. Performs other duties as assigned.
TYPICAL QUALIFICATIONS
Education and Experience
Any combination of education and/or experience that has provided provides the required knowledge, skills, and abilities to perform the essential job duties of the position is qualifying.necessary for satisfactory job performance. Incumbents will possess the most desirable combination of training, skills, and experience as demonstrated by past and current employment. A typical way to obtain the required knowledge and abilities would be grBachelor’s degreeaduation from an accredited four-year college or university with major course work in finance, accounting, economics, business administration, public administration, or a related field is required. ; and
three Three years (3) of professional purchasingmunicipal finance experience is required which included some supervisory experience, procurement experience in a governmental entity is preferred..
Certified Purchasing Manager (CPM) or Certified Public Purchasing Officer (CPPO) is preferred.
Licenses/ Certificates/ Special Requirements
Possession of or the ability to obtain a valid California Class C Driver's License prior to hire.
Special Requirements:
Ability to receive satisfactory results from a background investigation, and administrative screening which meet the established qualification standards.
PURCHASING MANAGER - PROPOSED
Knowledge of:Required Knowledge and Abilities:
1. Thorough knowledge of the pPrinciples and practices of purchasing and inventory control for a government agencypublic procurement; .
2. rRecord keeping methods relating to the purchasing function.
3. Working knowledge of lLaws and regulations applicable to municipal bidding procedures and purchasing operations. .
4. Accounting principles as they relate to procurement and inventory.
5. Product and service research methods.
Ability to:
1. Proven ability to pPerform and/or direct purchasing and inventory control; .
2. pPrepare and present reports; .
3. iInterpret and apply related codes, laws, and policies.
4. Ability to wWork effectively and diplomatically with staff and the public.
5. Ability to cCommunicate effectively both verbally and in writing; .
6. eEstablish and maintain cooperative work relationships; .
7. Use computer and related software applications.
1.8. sSupervise assigned staff.
PHYSICAL REQUIREMENTS
This position also requires extensive and repetitive physical activity involving the arms, wrists, and hands, including writing and using a keyboard. It also requires physical abilities associated with the ability to read, write and communicate in a work environment requiring no extraordinary physical strength or other special physical qualifications.
SUPPLEMENTAL INFORMATION
The City of West Covina is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the city will provide reasonable accommodation to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer.
AGENDA ITEM NO. 5
AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: September 3, 2024
TO: Mayor and City Council
FROM: Paulina Morales, City Manager
SUBJECT: CONSIDERATION OF AMENDMENT NUMBER FOUR TO PROFESSIONAL SERVICES
AGREEMENT WITH JOE GHOUGASSIAN DBA J & L AUTO BODY REPAIR RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute Amendment Number Four to the Professional Services Agreement with Joe Ghougassian, an individual dba J & L Auto Body Repair to provide for a month-to-month extension of the agreement.
BACKGROUND:
Joe Ghougassian, an individual DBA dba J & L Auto Body Repair (J&L) has been providing auto body repair and painting services to the City since October 2013. On September 17, 2019, the City Council approved an agreement with J&L for auto body repair and painting services on an as-needed basis with a maximum compensation amount of $100,000 per year. The initial term of the agreement was 36 months, ending September 17, 2022, with the option to extend the term for up to two (2) additional one (1) year periods. Amendments Numbers One and Two extended the term of the agreement through September 17, 2023 and September 17, 2024, respectively. Amendment Number Three, approved by the City Council on April 2, 2024, increased the maximum compensation for the final year of the agreement to $250,000.
DISCUSSION:
Staff will be conducting a formal solicitation for the services, which will not be completed prior to the September 17, 2024 expiration date of the current extension to the agreement. To ensure that there is no lapse in services, staff recommends that the City Council authorize the City Manager to execute Amendment Number Four, which will provide for a month-to-month extension of the agreement at the current compensation rates.
Staff anticipates completing the RFP process and seeking Council authorization for award of a new agreement tentatively in November 2024.
LEGAL REVIEW:
The City Attorney's Office has reviewed the amendment and approved it as to form.
OPTIONS:
The City Council has the following options:
The City Council has the following options:
1. Adopt staff’s recommendation;
2. Provide alternative direction.
Prepared by: Renee M. G. Chavez
Fiscal Impact
FISCAL IMPACT:
Funds are budgeted for in the FY2024-25 operating budget under the Fleet Management fund. No additional appropriation is requested at this time.
Account No. Account Name FY2024-2025 Budget
365.522.61.52.67.00.64.64170. Uninsured Losses $108,000 Attachments
Attachment No. 1 - Amendment Number Four to Professional Services Agreement CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability Enhance City Image and Effectiveness
Joe Ghougassian dba J & L Auto Body Repair
Amendment Four
Form Revised June 2024
1 AMENDMENT NUMBER FOUR TO
CITY OF WEST COVINA
PROFESSIONAL SERVICES AGREEMENT
WITH
JOE GHOUGASSIAN DBA J & L AUTO BODY REPAIR
FOR
VEHICLE BODY REPAIR AND PAINTING
THIS AMENDMENT NUMBER FOUR (“Amendment”) is made and entered into as of September 3, 2024 (“Effective Date”) by and between the CITY OF WEST COVINA, a municipal corporation (“City”), and JOE GHOUGASSIAN, an individual DBA J & L AUTO BODY REPAIR (“Consultant”).
WHEREAS, City and Consultant entered into a Professional Services Agreement dated September 18, 2019 for Consultant to provide vehicle body repair and painting services to the City (“Agreement”); and
WHEREAS, Section 4.1 of the Agreement provides for an initial term of thirty-six (36) months, ending September 17, 2022, with the option for City and Consultant to extend the term for up to two (2) additional one (1) year periods; and
WHEREAS, City and Consultant extended the term of the Agreement through September 17, 2023 through Amendment Number One to the Agreement, dated September 17, 2022; and WHEREAS, City and Consultant extended the term of the Agreement through September 17, 2024 through Amendment Number Two to the Agreement, dated September 17, 2023; and WHEREAS, City and Consultant increased Consultant’s maximum compensation for the period of September 18, 2023 through September 17, 2024 to $250,000 through Amendment Number Three to the Agreement, dated April 2, 2024; and WHEREAS, City and Consultant now desire to extend the term on a month-to-month basis; and
WHEREAS, City and Consultant further desire to amend the Agreement as set forth herein.
1. Commencing September 18, 2024, the term of the Agreement shall automatically extend for successive one (1) month periods until such time as either party terminates the Agreement.
2. Section 4.2 of the Agreement shall be deleted in its entirety and replaced as follows:
4.2 Notice of Termination. Either party may terminate this Agreement by giving at least thirty (30) days’ written notice to the other party. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
ATTACHMENT NO. 1
Joe Ghougassian dba J & L Auto Body Repair
Amendment Four
Form Revised June 2024
2 If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement.
The City shall also have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
(a) Be adjudged a bankrupt;
(b) Become insolvent or have a receiver of its assets or property appointed because of insolvency;
(c) Make a general assignment for the benefit of creditors; (d) Default in the performance of any obligation or payment of any indebtedness under this Agreement;
(e) Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
(f) Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
3. All terms not defined herein shall have the same meaning and use as set forth in the Agreement.
4. All other terms, conditions, and provisions of the Agreement shall remain in full force and effect.
5. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, and may be executed by electronic signatures. All counterparts shall be construed together and shall constitute one agreement.
Delivery of an executed counterpart of this Amendment by a .pdf data file or other scanned executed counterpart by email shall be equally as effective as delivery of a manually executed counterpart of this Amendment. Each duplicate and counterpart shall be equally admissible in evidence, and each shall fully bind each party who has executed it. The parties waive all right to challenge the admissibility or authenticity of this Amendment in a court of law based solely on the absence of an original signature.
Joe Ghougassian dba J & L Auto Body Repair
Amendment Four
Form Revised June 2024
3 6. The persons executing this Amendment on behalf of the parties hereto warrant that they are duly authorized to execute this Amendment on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Amendment.
IN WITNESS WHEREOF, City and Consultant have executed this Amendment as of the date set forth above.
CITY OF WEST COVINA
_________________________________
Paulina Morales
City Manager
CONSULTANT
___________________________________
Joe Ghougassian
Owner
ATTEST:
_________________________________
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
_________________________________
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
_________________________________
Stephanie Sikkema
Risk Management
AGENDA ITEM NO. 6
AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: September 3, 2024
TO: Mayor and City Council
FROM: Paulina Morales, City Manager
SUBJECT: CONSIDERATION OF PURCHASE ORDER FOR WAXIE'S ENTERPRISES, INC. DBA WAXIE SANITARY SUPPLY FOR FISCAL YEAR 2024-2025
RECOMMENDATION:
It is recommended that the City Council approve the following:
Authorize the City Manager to approve a purchase order for Waxie’s Enterprises, Inc. dba Waxie Sanitary Supply (Waxie) in the amount of $70,000 for Fiscal Year (FY) 2024-25.
1. Authorize the City Manager to execute any change orders and/or future purchase orders under NCPA Master Agreement #02-27, should the term be extended beyond April 2025.
2. BACKGROUND:
Since 2004, Waxie’s Enterprises, Inc. dba Waxie Sanitary Supply (Waxie) has been furnishing sanitary and janitorial supplies to the City of West Covina. Waxie has been invoicing the City under the terms of a National Cooperative Purchasing Alliance (NCPA) Master Agreement between Waxie and Region 14 Education Service Center
NCPA is a leading national government purchasing cooperative working to reduce the cost of goods and services by leveraging the purchasing power of public agencies in all 50 states. NCPA utilizes state-of-the-art procurement resources and solutions that result in cooperative purchasing contracts that ensure all public agencies are receiving products and services of the highest quality at the lowest prices.
Under NCPA, cities are able to purchase products and/or services at significantly reduced rates.
DISCUSSION:
Waxie has been serving government agencies at a low cost since 1945. They are an industry leader in the distribution of quality sanitary and janitorial supplies and equipment to the commercial, industrial, contractor and institutional markets.
With the change in the City’s Purchasing Policy that became effective in July 2022, previous years' purchase orders were below the threshold requiring Council approval as detailed in the table below.
Waxie Purchase Detail
Fiscal Year (FY) Purchase Order
Request
Actual Expenditures Average Monthly Cost
2022-2023 $55,000 $55,000 $4,583
2023-2024 $55,000 $80,100 $6,675
As the total expenditure with Waxie will exceed the aggregate $200,000 maximum threshold established by the City's Purchasing Policy, staff is requesting the Council authorize the City to continue using Waxie for its sanitary and janitorial supplies and authorize the City Manager to approve the purchase order for $70,000 for FY2024-25.
The Purchasing Officer has determined that purchasing through the NCPA Master Agreement is in the best interest of the City; is to the City's economic advantage; and that the agreement was competitively awarded using a process that complies with policies, rules, and regulations approved by the Purchasing Officer. Therefore, the procurement is exempt from competitive bidding in accordance with Section 2-335(6) of the West Covina Municipal Code. The current NCPA Master Agreement expires in April 2025. Staff will monitor the NCPA Master Agreement for an additional extension or research another contract or vendor option.
LEGAL REVIEW:
The City Attorney's Office has reviewed this staff report.
OPTIONS:
1. Approve staff’s recommendation; or
2. Provide alternative direction.
Prepared by: Renee M. G. Chavez
Fiscal Impact
FISCAL IMPACT:
The total approved budget for the purchase of City buildings supplies and materials including sanitary and janitorial supplies in FY 2024-2025 is $100,000 in account 110.503.61.52.00.00.62.62700. No additional appropriation is required.
Attachments
ATTACHMENT NO. 1 - WAXIE CONTRACT
ATTACHMENT NO. 2 - CONTRACT EXTENSION 04/30/2025
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability A Well-Planned Community
Enhance City Image and Effectiveness
OVERVIEW
WAXIE Sanitary Supply is the industry leader in the distribution of quality sanitary and janitorial supplies and equipment to the commercial, industrial, contractor and institutional markets.
WAXIE reduces your total sanitary and janitorial maintenance costs by providing the highest quality products, supplies, tools and equipment all under one roof. From the basics you use every day – toilet tissue, cleaners, trash can liners, mops and safe supplies – to more specialized items like marble care products, floor care machinery, dilution control systems, washroom partitions, ware wash and laundry, and more, WAXIE is the single source for all your maintenance needs.
CONTRACT INFO
Awarded Vendor:
Waxie
Contract Awarded:
Comprehensive Operational and Janitorial Supplies Solutions Contract Number:
02-27
Lead Agency:
Region 14 ESC
Overview
WAXIE http://www.waxie.com
ATTACHMENT NO. 1
Contract Term:
8 year term, April 11, 2016 to April 30, 2024
*Option to renew for zero (0) additional one (1) year periods.
DUE DILIGENCE
Request for Proposal:
RFP for Comprehensive Operational and Janitorial Supplies Solutions Awarded Vendor Response:
Waxie's Response to RFP
Evaluation:
Bid Tab & Request for RFP List
Award Letter:
Region 14 Award Letter
Renewal Letter:
2nd Renewal Letter
Advertisements:
USA Today Ad 1
USA Today Ad 2
NCPA Website Ad
VENDOR CONTACT
Amanda Parent
Corporate Account Director
9353 Waxie Way
San Diego, CA 92123
T: (858) 292-8111 Ext. 625
[email protected]
Region XIV Education Service Center
Monday, January 3rd, 2022
Waxie's Enterprises, Inc. dba Waxie Sanitary Supply
ATTN: Amanda Parent
9353 Waxie Way
San Diego, CA. 92123
Re: Annual Renewal of NCPA contract #02-27
Dear Amanda:
1850 Highway 351
Abilene, TX 79601-4750
325-675-8600
FAX 325-675-8659
Region XIV Education Service Center is happy to announce that Waxie's Enterprises, Inc. dba Waxie Sanitary Supply has been awarded a three-year term contract renewal for Comprehensive Operational and Janitorial Supplies Solutions based on the proposal submitted to Region XIV ESC.
The contract will expire on April 30th , 2024, completing the eighth year of a possible eight year term. If your company is not in agreement, please contact me immediately.
If you have any questions or concerns, feel free to contact me at 325-675-8600.
Sincerely,
Shane
~~ Fields
Region XIV, Executive Director
Region XIV Education Service Center
1850 Highway 351
Abilene, TX 79601-4750
325-675-8600
FAX 325-675-8659
Friday, October 12th, 2018
Waxie’s Enterprises, Inc. dba Waxie Sanitary Supply
ATTN: Mike Muscara
9353 Waxie Way
San Diego, CA. 92123
Re: Annual Renewal of NCPA contract #02-27
Dear Mike:
Region XIV Education Service Center is happy to announce that Waxie’s Enterprises, Inc. dba Waxie Sanitary Supply has been awarded a three-year term contract renewal for Comprehensive Operational and Janitorial Supplies Solutions based on the proposal submitted to Region XIV ESC.
The contract will expire on April 30th, 2022, completing the sixth year of a possible eight year term. If your company is not in agreement, please contact me immediately.
If you have any questions or concerns, feel free to contact me at 325-675-8600.
Sincerely,
Shane Fields
Region XIV, Executive Director
Region XIV trducation Service Center
r85o Higlnvay'35r
Alrilcne, TX 7g6ov(75r>
325-h5-86oo
I,.'AX 325-h5-865q
Monday, April'll't', 20'16
\\/axie's llntcrprises, Inc. dba Waxic Sanitary Supply' ATTN: Mikc Nluscara
9353 Waxie Way
San Diego, C^92123
f)car NIike:
Region XIV llducation Scrvicc Center is happy to announce that Waxie's llntt:rprises, Irrc. dba Waxie Sanitary Supplf' has heen arvarded an annual contract for Comprc.hensive Operational and Janitorial Supplies Solutions based on the proposal submittc,d to Region XIV liSC.
The contract is cffectivc immcdiately and will expire on April 30'h, 2019. 'l'he contract can he renewed annually for an additional five y'ears, if mutually agret-.d on b;' Region XIV ESC and Waxie's llnterprises, Inc. dha Waxic Sanitarl'Supply' We look forward to a long and successful partnership undemeath this contract.
If you have any questions or concerns, feel free to contact me at 325-675-8600.
Sincerel)'r
Ronnie Kincaid
Region XIV, Executive Director
Tab 2 – NCPA Administration Agreement
This Administration Agreement is made as of , by and between National Cooperative Purchasing Alliance (“NCPA”) and (“Vendor”).
Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated , referenced as Contract Number , by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of Comprehensive Operational and Janitorial Supplies Solutions; WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
♦ General Terms and Conditions
➢ The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. ➢ NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.
➢ Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement. ➢ NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement. ➢ With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region April 11, 2016 Waxie's Enterprises April 11, 2016 02-27 14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement. ➢ The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ♦ Term of Agreement
➢ This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.
♦ Fees and Reporting
➢ The awarded vendor shall electronically provide NCPA with a detailed monthly or quarterly report showing the dollar volume of all sales under the contract for the previous month or quarter. Reports shall be sent via e-mail to NCPA offices at [email protected].
Reports are due on the fifteenth (15th) day after the close of the previous month or quarter.
It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below:
Entity Name Zip Code State PO or Job # Sale Amount
Total
➢ Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.
From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis.
Deadline for term of payment will be included in the invoice NCPA provides.
Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%
➢ Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an underreporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit. GeneralProvisions
➢ This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
➢ Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA.
WAXIE requests reciprocity using the following language:
NCPA and Region 14 ESC agree to allow WAXIE to use their names and logos within website, marketing materials and advertisement. Any use of WAXIE name and logo or any form of publicity regarding this contract by NCPA or Region 14 ESC must have prior approval by WAXIE.
➢ If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
➢ Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA. Any assignment without such consent will be void.
➢ This Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder ➢ All written communications given hereunder shall be delivered to the addresses as set forth below.
Except where indicated otherwise, WAXIE acknowledges and agrees to all other aspects of Tab 2.
Signature:
Date: March 28, 2016
National Cooperative Purchasing Alliance:
Name:
Vendor: WAXIE Sanitary Supply
Name: Mike Muscara
Title: Title: Corporate Accounts Director
Address: Address: 9353 Waxie Way
San Diego, CA 92123
Signature: ________________________________________
Date:
Matthew Mackel Director, Business Development PO Box 701273 Houston, TX 77270 April 11, 2016 ATTACHMENT NO. 2