Agenda Item 4.12
DATE: June 6, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Purchase of Replacement Chairs, Tables, and Related Equipment for Meeting Rooms at Dublin Civic Center and Dublin Library
Prepared by: Shaun Chilkotowsky, Heritage & Cultural Arts Manager EXECUTIVE SUMMARY:
The City Council will consider authorizing the purchase of replacement chairs, tables, and related equipment for meeting rooms at the Dublin Civic Center and Dublin Library.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing the Purchase of Replacement Chairs, Tables, and Related Equipment for Meeting Rooms at the Dublin Civic Center and Dublin Library.
FINANCIAL IMPACT:
The funding to purchase replacement tables, chairs, and related equipment, estimated at $120,000, is included in the Fiscal Year 2022-23 General Fund Budget.
DESCRIPTION:
The City replaces tables, chairs, and other furniture when these items reach the end of service life or become unsafe for use. The tables and chairs in public meeting spaces at the Dublin Civic Center and Dublin Library are designated to be replaced and are more than 15 years old. The furniture is used for city meetings, private events, meetings, recreation programs, and other activities.
Staff is recommending procurement of Herman Miller brand furniture. The city has existing Herman Miller brand furniture at The Wave, which has been shown to stand up to heavy use. The replacement furniture is also significantly lighter than the existing furniture, resulting in reduced staff time related to completing room setups. Replacement furniture will be the same at Dublin Civic Center and the Dublin Library, allowing for the use of shared storage racks and carts and the ability to share matching furniture amongst facilities/rooms as needed. The quality of Herman 428
Miller products and customer service has been well-regarded by Staff. Herman Miller also offers warranties on furniture for 12 years. The total cost of the replacement furniture is estimated at $120,000, which exceeds the City Manager’s purchasing authority. The attached Resolution (Attachment 1) authorizes this transaction.
Furthermore, Staff seeks to waive the competitive bidding process for this purchase via Section
2.36.100.B.9 of the City Municipal Code. This section exempts a competitive bidding process “when another public agency has administered a competitive bidding process and has a current valid agreement for the same or substantially similar consultant or professional services, general services, supplies, or equipment.” Herman Miller offers its products to local government agencies based on an agreement with the Omnia Partners Cooperating Purchasing Program. The national cooperative contract for furniture by Omnia Partners was competitively bid and is a Master Contract that local government agencies can utilize. This procurement method is commonly and effectively used by public agencies throughout the United States to best meet the needs of participating agencies.
The Omnia Partner Master Contract, which is valid through December 31, 2024, is included as Attachment 2
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1) Resolution Authorizing the Purchase of Replacement Chairs, Tables, and Related Equipment for meeting rooms at the Dublin Civic Center and Dublin Library 2) Exhibit A to the Resolution – Omnia Partners Government Master Contract 429
Attachment 1
Reso. No. XX-23, Item X.X, Adopted 06/06/2023 Page 1 of 1 RESOLUTION NO. XX – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING THE PURCHASE OF REPLACEMENT CHAIRS, TABLES, AND RELATED
EQUIPMENT FOR MEETING ROOMS AT DUBLIN CIVIC CENTER AND DUBLIN LIBRARY WHEREAS, the City requires chairs, tables, and related equipment at public facilities and routinely replaces furniture and related equipment that has reached the end of its useful life; and WHEREAS, Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City is able to procure items from a competitive bid process administered by another public agency; and
WHEREAS, Herman Miller has a valid pricing agreement (Omnia Partners Master Contract Number 2020000622) attached hereto as Exhibit A, which meets this Municipal Code provision for a publicly bid agreement, and the contract is valid through December 31, 2024; and WHEREAS, the City desires to purchase replacement chairs, tables, and related equipment for meeting rooms at the Dublin Civic Center and Dublin Library from Herman Miller.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to procure chairs, tables, and related equipment not to exceed $120,000 and subject to available budget appropriations, under a purchasing agreement previously publicly bid and valid through the term of the contract.
PASSED, APPROVED AND ADOPTED this 6th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Furniture, Installation, and Related Products and Services Executive Summary
Lead Agency: City of Charlotte Solicitation: RFP #269-2019-105 RFP Issued: June 19, 2019 Pre-Proposal Date: PRE-PROPOSAL DATE Response Due Date: July 30, 2019 Proposals Received: # 14 Awarded to:
The City of Charlotte Department of Procurement issued RFP #296-2019-105 on July 19, 2019 to establish a national cooperative contract for Furniture, Installation, and Related Products and Services.
The solicitation included cooperative purchasing language in Sections 1.1 National Contract and 2.1 Objective:
1.1 National Contract.
The City of Charlotte, as the Principal Procurement Agency, defined in Attachment A, has partnered with OMNIA Partners to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. The City of Charlotte is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”). Attachment A contains additional information about OMNIA Partners and the cooperative purchasing agreement.
2.1 Objective.
The objective of this RFP is to solicit Proposals that will enable the City and Participating Public Agencies to determine which Company and Proposed Solution will best meet the City and Participating Public Agencies’ needs for FURNITURE, INSTALLATION AND RELATED PRODUCTS AND SERVICES as requested in this RFP.
Notice of the solicitation was sent to potential offerors, as well as advertised in the following:
• City of Charlotte website
• OMNIA Partners website
• USA Today, nationwide
• Arizona Business Gazette, AZ
• San Bernardino Sun, CA
• Honolulu Star-Advertiser, HI
• The Advocate – New Orleans, LA
• New Jersey Herald, NJ
• Times Union, NY
• Daily Journal of Commerce, OR
Attachment 2
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• The State, SC
• South Carolina website/newsletter
• Houston Community Newspapers, Cy Creek
Mirror, TX
• Deseret News, UT
• Richmond Times, VA
• Seattle Daily Journal of Commerce, WA
• Helena Independent Record, MT
On July 30th, 2019 proposals were received from the following offerors:
• HON Co.
• A2S
• Exemplis LLC
• Allsteel, Inc.
• Knoll, Inc.
• OFS Brands
• Kimball Office Group
• Indiana Furniture industries, Inc.
• Humanscale Corp
• Krueger International
• National Office Furniture
• Spacesaver Corp
• Herman Miller
• Fomcore
• Workrite Ergonomics
• Trinity Furniture
• Everest Expedition/Worden
• Furniturelab
• Teknion
• DVO-USA
• Source International Corp
• Trendway
• Haworth, Inc.
• Piedmont Office Suppliers
The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to enter into negotiations with Herman Miller, Inc. and proceeding with contract award upon successful completion of negotiations.
The City of Charlotte, OMNIA Partners and Herman Miller Inc. successfully negotiated a contract, and the City of Charlotte executed the agreement with a contract effective date of January 1st, 2020.
Contract includes:
• List pricing which includes freight within the continental United States. • Two options for installation based on a fixed percentage discount or hourly rate • Furniture Storage
• Additional incentives
Term:
Initial five-year agreement from January 1st, 2020 through December 31st, 2024 with the option to renew for two (2) additional one-year periods through December 31st, 2026.
Pricing/Discount:
• Discount off manufacturer’s list price ranging from 12% to 71.5%.
OMNIA Partners Web Landing Pages:
https://www.omniapartners.com/publicsector/contract/supplier-contracts/herman-miller-inc Attachment 2
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CONTRACT #: 2020000622
VENDOR #: 308726
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
AGREEMENT TO PROVIDE
FURNITURE, INSTALLATION, AND RELATED PRODUCTS AND SERVICES THIS PROFESSIONAL SERVICES CONTRACT (the “Contract”) is made and entered into as of this 1st day of January 2020 (the “Effective Date”), by and between Herman Miller, Inc., a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
RECITALS
WHEREAS, the City issued a Request For Proposals (RFP # 269-2019-105) for Furniture, Installation, and Related Products and Services dated June 19, 2019. This Request for Proposals together with all attachments and addenda, is referred to herein as the “RFP”; and WHEREAS, the City desires that the Company provide certain Furniture, Installation, and Related Products and Services (“Products”) and (“Services”), and the Company desires to provide such Products/Services; and
WHEREAS, the City and the Company have negotiated and agreed regarding the above-referenced Services and desire to reduce the terms and conditions of their agreement to this written form.
WHEREAS, the City on behalf of itself and any other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, nonprofit entities, and agencies for public benefit that elect to access the Contract (a “Participating Public Agency”), competitively solicited and awarded the Contract to the Company. The City has designated OMNIA Partners as the administrative and marketing conduit for the distribution of the Contract to Participating Public Agencies.
The City is acting as the “Principal Procurement Agent” for the Participating Public Agencies, and shall not be liable or responsible for any costs, damages, liability or other obligations incurred by the Participating Public Agencies. The Company (including its subsidiaries and distributors) shall deal directly with each Participating Public Agency concerning the placement of orders, issuance of purchase orders, contractual disputes, invoicing, payment and all other matters relating or referring to such Participating Public Agency’s access to the Contract.
Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing Agreement (MICPA) outlining the terms and conditions that allow access to the Principle Procurement Agencies’ Contract. Under the terms of the MICPA, the procurement by the Participating Public Agency shall be construed to be in accordance with, and governed by, the laws of the state in which the Participating Public Agency resides.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the covenants and representations contained herein, the parties agree as follows:
CONTRACT
1. EXHIBITS. The Exhibits below are hereby incorporated into and made a part of this Contract. With the exception of Exhibit D (Federal Contract Terms and Conditions), any conflict between language in an Exhibit or Appendix to this Contract and the main body of this Contract shall be resolved in favor of the main body of this Contract and any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below. Notwithstanding anything contained in this Contract or any Exhibit to the contrary, in the event of a conflict between the language of Exhibit D and the main body 1 Attachment 2
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CONTRACT #: 2020000622
VENDOR #: 308726
of this Contract or any other Exhibit to this Contract, the language of Exhibit D shall prevail. Each reference to Herman Miller, Inc. in the Exhibits and Appendices shall be deemed to mean the Company.
EXHIBIT A: PRICING SHEET
EXHIBIT B: SCOPE OF WORK
EXHIBIT C: PROPOSAL RESPONSE FORMS
EXHIBIT D: FEDERAL CONTRACT TERMS AND CONDITIONS
2. DEFINITIONS. This section may include, but not be limited to, terms defined in Section 2 of the RFP.
3. DESCRIPTION OF PRODUCTS AND SERVICES.
3.1. The Company shall be responsible for providing the Products and Services described in Exhibit B attached to this Contract and incorporated herein by reference. Without limiting the foregoing, the Company will perform the Services and meet the requirements as set forth in Exhibit B. However, the Company shall not be responsible for tasks specifically assigned to the City in this Contract or in Exhibit B.
3.2. The Company shall perform the Services on site at the City’s facility in Charlotte, North Carolina, except as mutually agreed upon in writing in specific instances by the City.
4. COMPENSATION.
4.1. TOTAL FEES AND CHARGES.
The City agrees to pay the Company a fixed price (the “Purchase Price”) as full and complete consideration for the satisfactory performance of all the requirements of this Contract. This amount constitutes the maximum total fees and charges payable to the Company under this Contract including Expenses and will not be increased except by a written instrument duly executed by both parties, which expressly states that it amends this Section of the Contract.
4.2. NO EXPENSES CHARGEABLE.
The Company shall not be entitled to charge the City for any travel, mileage, meals, materials or other costs or expenses associated with this Contract.
4.3. EMPLOYMENT TAXES AND EMPLOYEE BENEFITS. The Company represents and warrants that the employees provided by the Company to perform the Services are actual employees of the Company, and that the Company shall be responsible for providing all salary and other applicable benefits to each Company employee. The Company further represents, warrants and covenants that it will pay all withholding tax, social security, Medicare, unemployment tax, worker’s compensation and other payments and deductions that are required by law for each Company employee. The Company agrees that the Company employees are not employees of the City.
4.4. INVOICES. Each invoice sent by the Company shall detail all Services performed and delivered which are necessary to entitle the Company to the requested payment under the terms of this Contract. All invoices must include an invoice number and the City purchase order number for purchases made under this Contract. Purchase order numbers will be provided by the City. Invoices must be submitted with lines matching those on the City-provided purchase order.
The Company shall email all invoices to [email protected].
4.5. DUE DATE OF INVOICES. Payment of invoices shall be due within thirty (30) days after receipt of an accurate, undisputed properly submitted invoice by the City.
4.6. PRE-CONTRACT COSTS. The City shall not be charged for any Products/Services or other work performed by the Company prior to the Effective Date of this Contract.
4.7. AUDIT. During the term of this Contract and for a period of one (1) year after termination of 2 Attachment 2
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CONTRACT #: 2020000622
VENDOR #: 308726
this Contract, the City shall have the right to audit, either itself or through an independent auditor, all books and records and facilities of the Company necessary to evaluate Company’s compliance with the terms and conditions of this Contract or the City’s payment obligations.
The City shall pay its own expenses, relating to such audits, but shall not have to pay any expenses or additional costs of the Company. However, if non-compliance is found that would have cost the City in excess of $10,000 but for the audit, then the Company shall be required to reimburse the City for the cost of the audit.
5. TIME IS OF THE ESSENCE. The Company shall meet all performance schedules in accordance with the milestones and any delivery date or any other agreed timetable as set forth in this Contract.
In the event of delay in the performance of the Agreement, the Parties shall mutually agree on the new timelines for the completion of timetable in accordance with the terms of this Contract.
6. NON-APPROPRIATION OF FUNDS. If the Charlotte City Council does not appropriate the funding needed by the City to make payments under this Contract for any given fiscal year, the City will not be obligated to pay amounts due beyond the end of the last fiscal year for which funds were appropriated. In such event, the City will promptly notify the Company of the nonappropriation and this Contract will be terminated at the end of the fiscal year for which the funds were appropriated. No act or omission by the City, which is attributable to non-appropriation of funds shall constitute a breach of or default under this Contract. City shall pay all costs due to Company for work completed in the fiscal year for which the funds were appropriated.
7. COMPANY PROJECT MANAGER. The duties of the Company Project Manager include, but are not limited to:
7.1. Coordination of Project schedules and the Company’s resource assignment based upon the City’s requirements and schedule constraints;
7.2. Management of the overall Project by monitoring and reporting on the status of the Project and actual versus projected progress, and by consulting with the City’s Project Manager when deviations occur and by documenting all such deviations in accordance with agreed upon change control procedures;
7.3. Provision of consultation and advice to the City on matters related to Project implementation strategies, key decisions and approaches, and Project operational concerns/issues and acting as a conduit to the Company’s specialist resources that may be needed to supplement the Company’s normal implementation staff;
7.4. Acting as the Company’s point of contact for all aspects of contract administration, including invoicing for Products/Services, and status reporting;
7.5. Facilitation of review meetings and conferences between the City and the Company’s executives when scheduled or requested by the City;
7.6. Communication among and between the City and the Company’s staff;
7.7. Promptly responding to the City Project Manager when consulted in writing or by E-mail with respect to Project deviations and necessary documentation;
7.8. Identifying and providing the City with timely written notice of all issues that may threaten the Company’s Products/Services in the manner contemplated by the Contract (with “timely” meaning immediately after the Company becomes aware of them);
7.9. Ensuring that adequate quality assurance procedures are in place throughout the Contract; and
7.10. Meeting with other service providers working on City projects that relate to this effort as necessary to resolve problems and coordinate the Products/Services. 3 Attachment 2
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CONTRACT #: 2020000622
VENDOR #: 308726
8. CITY PROJECT MANAGER. The duties of the City Project Manager are to (i) ensure that the Company delivers all requirements and specifications in the Contract; (ii) coordinate the City’s resource assignment as required to fulfill the City’s obligations pursuant to the Contract; (iii) promptly respond to the Company Project Manager when consulted in writing or by E-mail with respect to project issues; and (iv) act as the City’s point of contact for all aspects of the Products/Services including contract administration and coordination of communication with the City’s staff. The City shall be allowed to change staffing for the City Project Manager position on one (1) business day’s notice to the Company.
9. DUTY OF COMPANY TO IDENTIFY AND REQUEST INFORMATION, PERSONNEL AND FACILITIES. The Company shall identify and request in writing from the City in a timely manner:
(i) all information reasonably required by the Company to perform each task comprising the Services, (ii) the City’s personnel whose presence or assistance reasonably may be required by the Company to perform each task comprising the Services, and (iii) any other equipment, facility or resource reasonably required by the Company to perform the Services. Notwithstanding the foregoing, the Company shall not be entitled to request that the City provide information, personnel or facilities other than those that Exhibit B specifically requires the City to provide, unless the City can do so at no significant cost. The Company shall not be relieved of any failure to perform under this Contract by virtue of the City’s failure to provide any information, personnel, equipment, facilities or resources: (i) that the Company failed to identify and request in writing from the City pursuant to this Section; or (ii) that the City is not required to provide pursuant to this Contract. In the event the City fails to provide any information, personnel, facility or resource that it is required to provide under this Section, the Company shall notify the City in writing immediately in accordance with the notice provision of this Contract. Failure to do so shall constitute a waiver by Company of any claim or defense it may otherwise have based on the City’s failure to provide such information, personnel, facility or resource.
10. COMPANY PERSONNEL REMOVAL, REPLACEMENT, PROMOTION, ETC.
10.1. The City will have the right to require the removal and replacement of any personnel of the Company or the Company’s subcontractors who are assigned to provide Products/Services to the City based on experience, qualifications, performance, conduct, compatibility, and violation of City policy or any other reasonable grounds. The addition or promotion of any personnel to key positions within the Project must be approved by the City in writing. The Company will replace any personnel that leave the Project, with persons having at least equivalent qualifications who are approved by the City in writing. As used in this Contract, the “personnel” includes all staff provided by the Company or its subcontractors.
11. BACKGROUND CHECKS. Prior to starting work under this Contract, the Company is required to conduct a background check on each Company employee assigned to work under this Contract, and shall require its subcontractors (if any) to perform a background check on each of their employees assigned to work under this Contract (collectively, the “Background Checks”). Each Background Check must include: (i) the person’s criminal conviction record from the states and counties where the person lives or has lived in the past seven (7) years; and (ii) a reference check.
After starting work under this Contract, the Company is required to perform a Background Check for each new Company employee assigned to work under this Contract during that year, and shall require its subcontractors (if any) to do the same for each of their employees. If the Company undertakes a new project under this Contract, then prior to commencing performance of the project the Company shall perform a Background Check for each Company employee assigned to work on the project, and shall require its subcontractors (if any) to do the same for each of their employees.
If a person’s duties under this Contract fall within the categories described below, the Background Checks that the Company will be required to perform (and to have its subcontractors perform) shall also include the following additional investigation:
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CONTRACT #: 2020000622
VENDOR #: 308726
If the job duties require driving: A motor vehicle records check. If the job duties include responsibility for initiating or affecting financial transactions: A credit history check.
If job duties include entering a private household or interaction with children: A sexual offender registry check.
The Company must follow all State and Federal laws when conducting Background Checks, including but not limited to the Fair Credit Reporting Act requirements, and shall require its subcontractors to do the same.
The Company shall notify the City of any information discovered in the Background Checks that may be of potential concern for any reason.
The City may conduct its own background checks on principals of the Company as the City deems appropriate. By operation of the public records law, background checks conducted by the City are subject to public review upon request.
12. ACCEPTANCE OF TASKS AND DELIVERABLES. Within a reasonable time after a particular Deliverable has been completed (or such specific time as may be set forth in Exhibit B), the Company shall submit a written notice to the City’s Project Manager stating the Deliverable(s) that have been met. This notice shall include a signature page for sign-off by the City Project Manager indicating acceptance of such Deliverable(s).
If the City Project Manager is not satisfied that the Deliverable(s) has been met, a notice of rejection (a “Rejection Notice”) shall be submitted to the Company by the City Project Manager that specifies the nature and scope of the deficiencies that the City wants corrected. Upon receipt of a Rejection Notice, the Company shall: (i) act diligently and promptly to correct all deficiencies identified in the Rejection Notice, and (ii) immediately upon completing such corrections give the City a written, dated certification that all deficiencies have been corrected (the “Certification”). In the event the Company fails to correct all deficiencies identified in the Rejection Notice and provide a Certification within thirty (30) days after receipt of the Rejection Notice, the City shall be entitled to terminate this Contract for default without further obligation to the Company and without obligation to pay for the defective work.
Upon receipt of the corrected Deliverable(s), or a Certification, whichever is later, the above-described Acceptance procedure shall recommence. The City shall not be obligated to allow the Company to recommence curative action with respect to any deficiency previously identified in a Rejection Notice, or more than once for any given Deliverable (and shall be entitled to terminate this Contract for default if the Company does not meet this time frame).
13. NON-EXCLUSIVITY. The Company acknowledges that it is one of several providers of Furniture, Installation, and Related Products and Services to the City and the City does not represent that it is obligated to contract with the Company for any particular project.
14. EACH PARTY TO BEAR ITS OWN NEGOTIATION COSTS. Each party shall bear its own cost of negotiating this Contract and developing the exhibits. The City shall not be charged for any Products/Services or other work performed by the Company prior to the Effective Date.
15. REPRESENTATIONS AND WARRANTIES OF COMPANY.
15.1. GENERAL WARRANTIES.
15.1.1. The Products/Services shall satisfy all requirements set forth in this Contract, including but not limited to the attached Exhibits;
15.1.2. The Company has taken and will continue to take sufficient precautions to ensure that it will not be prevented from performing all or part of its obligations under this Contract by virtue of interruptions in the computer systems used by the Company; 5 Attachment 2
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CONTRACT #: 2020000622
VENDOR #: 308726
15.1.3. All Products provided and Services performed by the Company and/or its subcontractors pursuant to this Contract shall meet the highest industry standards and Services shall be performed in a professional and workmanlike manner by staff with the necessary skills, experience and knowledge;
15.1.4. Neither the Products/Services nor any Deliverables provided by the Company under this Contract will infringe or misappropriate any patent, copyright, trademark or trade secret rights of any third party;
15.1.5. The Company and each Company employee provided by the Company to the City shall have the qualifications, skills and experience necessary to provide Products and perform the Services described or referenced in Exhibit B;
15.1.6. All information provided by the Company about each Company employee is accurate; and
15.1.7. Each Company employee is an employee of the Company, and the Company shall make all payments and withholdings required for by law for the Company for such employees.
15.2. ADDITIONAL WARRANTIES. The Company further represents and warrants that:
15.2.1. It is a legal entity and if incorporated, duly incorporated, validly existing and in good standing under the laws of the state of its incorporation or licensing and is qualified to do business in North Carolina;
15.2.2. It has all the requisite corporate power and authority to execute, deliver and perform its obligations under this Contract;
15.2.3. The execution, delivery, and performance of this Contract have been duly authorized by the Company;
15.2.4. No approval, authorization or consent of any governmental or regulatory authority is required to be obtained or made by it in order for it to enter into and perform its obligations under this Contract;
15.2.5. In connection with its obligations under this Contract, it shall comply with all applicable federal, state and local laws and regulations and shall obtain all applicable permits and licenses; and
15.2.6. The performance of this Contract by the Company and each Company employee provided by the Company will not violate any contracts or agreements with third parties or any third party rights (including but not limited to non-compete agreements, non-disclosure agreements, patents, trademarks or intellectual property rights).
16. OTHER OBLIGATIONS OF THE COMPANY.
16.1. WORK ON CITY’S PREMISES. The Company and all its employees will, whenever on the City's premises, obey all instructions and City policies that are provided with respect to providing Products and performing Services on the City’s premises.
16.2. RESPECTFUL AND COURTEOUS BEHAVIOR. The Company shall assure that its employees interact with City employees and the public in a courteous, helpful and impartial manner. All employees of the Company in both field and office shall refrain from belligerent behavior and/or profanity. Correction of any such behavior and language shall be the responsibility of the Company.
16.3. REPAIR OR REPLACEMENT OF DAMAGED EQUIPMENT OR FACILITIES. In the event that the Company causes damage to the City’s equipment or facilities, the Company shall, at its own expense, promptly repair or replace such damaged items to restore them to the same 6 Attachment 2
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CONTRACT #: 2020000622
VENDOR #: 308726
level of functionality that they possessed prior to the Company’s action.
16.4. REGENERATION OF LOST OR DAMAGED DATA. With respect to any data that the Company or any Company employees have negligently lost or negligently damaged, the Company shall, at its own expense, promptly replace or regenerate such data from the City's machine-readable supporting material, or obtain, at the Company's own expense, a new machine-readable copy of lost or damaged data from the City’s data sources.
16.5. NC E-VERIFY REQUIREMENT. The Company shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, and shall require each of its subcontractors to do so as well.
16.6. NC PROHIBITION ON CONTRACTS WITH COMPANIES THAT INVEST IN IRAN OR BOYCOTT ISRAEL. Company certifies that: (i) it is not identified on the Final Divestment List or any other list of prohibited investments created by the NC State Treasurer pursuant to N.C.G.S. 147-86.58 (collectively, the “Treasurer’s IDA List”); (ii) it has not been designated by the NC State Treasurer pursuant to N.C.G.S. 147-86.81 as a company engaged in the boycott of Israel (such designation being referred to as the “Treasurer’s IB List”); and (iii) it will not take any action causing it to appear on the Treasurer’s IDA List or the Treasurer’s IB List during the term of this Contract. In signing this Contract Company further agrees, as an independent obligation, separate and apart from this Contract, to reimburse the City for any and all damages, costs and attorneys’ fees incurred by the City in connection with any claim that this Contract or any part thereof is void due to Company appearing on the Treasurer’s IDA List or the Treasurer’s IB List at any time before or during the term of this Contract.
17. REMEDIES.
17.1. RIGHT TO COVER. If the Company fails to meet any completion date or resolution time set forth in this Contract (including the Exhibits) or the Project Plan, the City may take any of the following actions with or without terminating this Contract, and in addition to and without limiting any other remedies it may have:
a. Employ such means as it may deem advisable and appropriate to perform itself or obtain the Products/Services from a third party until the matter is resolved and the Company is again able to resume performance under this Contract; and b. Deduct any and all expenses incurred by the City in obtaining or performing the Products/Services from any money then due or to become due the Company and, should the City’s cost of obtaining or performing the products/services exceed the amount due the Company, collect the amount due from the Company.
17.2. RIGHT TO WITHHOLD PAYMENT. If the Company breaches any provision of this Contract, the City shall have a right to withhold all payments due to the Company until such breach has been fully cured.
17.3. SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF. The Company agrees that monetary damages are not an adequate remedy for the Company’s failure to provide the Products/Services or Deliverables as required by this Contract, nor could monetary damages be the equivalent of the performance of such obligation. Accordingly, the Company hereby consents to an order granting specific performance of such obligations of the Company in a court of competent jurisdiction within the State of North Carolina. The Company further consents to the City obtaining injunctive relief (including a temporary restraining order) to assure performance in the event the Company breaches this Contract.
17.4. SETOFF. Each party shall be entitled to setoff and deduct from any amounts owed to the other party pursuant to this Contract all damages and expenses incurred or reasonably anticipated as a result of the other party’s breach of this Contract.
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VENDOR #: 308726
17.5. OTHER REMEDIES. Upon breach of this Contract, each party may seek all legal and equitable remedies to which it is entitled. The remedies set forth herein shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy.
18. TERM AND TERMINATION OF CONTRACT.
18.1. TERM. This Contract shall commence on the Effective Date and shall continue in effect for five (5) years with the City having the unilateral right to renew for two (2) consecutive one (1) year terms.
18.2. TERMINATION FOR CONVENIENCE. The City may terminate this Contract at any time without cause by giving thirty (30) days prior written notice to the Company. As soon as practicable after receipt of a written notice of termination without cause, the Company shall submit a statement to the City showing in detail the Products provided and Services performed under this Contract through the date of termination. The foregoing payment obligation is contingent upon: (i) the Company having fully complied with Section 18.8; and (ii) the Company having provided the City with written documentation reasonably adequate to verify the Products received and the number hours of Services rendered through the termination date and the percentage of completion of each task.
18.3. TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written notice to the other party, either party may terminate this Contract upon the occurrence of one or more of the following events:
a. The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this Contract, provided that, unless otherwise stated in this Contract, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party; or
b. The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof; or
c. The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under the Contract shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party’s assets or properties.
Any notice of default shall identify this Section of this Contract and shall state the party’s intent to terminate this Contract if the default is not cured within the specified period.
Notwithstanding anything contained herein to the contrary, upon termination of this Contract by the Company for default, the Company shall continue to provide the Products and perform the Services required by this Contract for the lesser of: (i) six (6) months after the date the City receives the Company’s written termination notice; or (ii) the date on which the City completes its transition to a new service provider.
18.4. ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY. By giving written notice to the Company, the City may also terminate this Contract upon the occurrence of one or more of the following events (which shall each constitute separate grounds for termination without a cure period and without the occurrence of any of the other events of default previously listed):
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a. Failure of the Company to complete a particular task by the mutually agreed completion date;
b. The Company makes or allows to be made any material written misrepresentation or provides any materially misleading written information in connection with this Contract, the Company’s Proposal, or any covenant, agreement, obligation, term or condition contained in this Contract; or
c. The Company takes or fails to take any action which constitutes grounds for immediate termination under the terms of this Contract, including but not limited to failure to obtain or maintain the insurance policies and endorsements as required by this Contract, or failure to provide the proof of insurance as required by this Contract.
18.5. NO SUSPENSION. In the event that the City disputes in good faith an allegation of default by the Company, notwithstanding anything to the contrary in this Contract, the Company agrees that it will not terminate this Contract or suspend or limit the Services or any warranties or repossess, disable or render unusable any software supplied by the Company, unless (i) the parties agree in writing, or (ii) an order of a court of competent jurisdiction determines otherwise.
18.6. CANCELLATION OF ORDERS AND SUBCONTRACTS. In the event this Contract is terminated by the City for any reason prior to the end of the term, the Company shall, upon termination, immediately discontinue all service in connection with this Contract and promptly cancel all existing orders and subcontracts, which are chargeable to this Contract. As soon as practicable after receipt of notice of termination, the Company shall submit a statement to the City showing in detail the Services performed under this Contract to the date of termination.
18.7. AUTHORITY TO TERMINATE. The following persons are authorized to terminate this Contract on behalf of the City: (i) the City Manager, any Assistant City Manager, or any designee of the City Manager; or (ii) the Department Director of the City Department responsible for administering this Contract.
18.8. OBLIGATIONS UPON EXPIRATION OR TERMINATION. Upon expiration or termination of this Contract, the Company shall promptly return to the City (i) all computer programs, files, documentation, media, related material and any other material and equipment that are owned by the City; (ii) all Deliverables that have been completed or that are in process as of the date of termination; and (iii) a written statement describing in detail all work performed with respect to Deliverables which are in process as of the date of termination. The expiration or termination of this Contract shall not relieve either party of its obligations regarding “Confidential Information,” as defined in this Contract.
18.9. NO EFFECT ON TAXES, FEES, CHARGES OR REPORTS. Any termination of this Contract shall not relieve the Company of the obligation to pay any fees, taxes or other charges then due to the City, nor relieve the Company of the obligation to file any daily, monthly, quarterly or annual reports covering the period to termination nor relieve the Company from any claim for damages previously accrued or then accruing against the Company.
18.10. OTHER REMEDIES. The remedies set forth in this Section and Section 19 shall be deemed cumulative and not exclusive, and may be exercised successively or concurrently, in addition to any other remedies available under this Contract or at law or in equity.
19. TRANSITION PRODUCTS/SERVICES UPON TERMINATION. Upon termination or expiration of this Contract, the Company shall cooperate with the City to assist with the orderly transfer of the Products/Services provided by the Company to the City. Prior to termination or expiration of this Contract, the City may require the Company to perform and, if so required, the Company shall perform certain transition services necessary to shift the Products/Services of the Company to another provider or to the City itself as described below (the “Transition Services”). Transition Services may include but 9 Attachment 2
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shall not be limited to the following:
Working with the City to jointly develop a mutually agreed upon Transition Services Plan to facilitate the termination of the Products/Services;
Notifying all affected service providers and subcontractors of the Company; Performing the Transition Services;
Answering questions regarding the Products/Services on an as-needed basis; and Providing such other reasonable services needed to effectuate an orderly transition to a new service provider.
20. CHANGES. In the event changes to the Products/Services (collectively “Changes”), become necessary or desirable to the parties, the parties shall follow the procedures set forth in this Section. A Change shall be effective only when documented by a written, dated agreement executed by both parties that expressly references and is attached to this Contract (a “Change Statement”). The Change Statement shall set forth in detail: (i) the Change requested, including all modifications of the duties of the parties; (ii) the reason for the proposed Change; and (iii) a detailed analysis of the impact of the Change on the results of the Products/Services and time for delivery and completion of the Products/Services, including the impact on all Milestones and delivery dates and any associated price.
In the event either party desires a Change, the Project Manager for such party shall submit to the other party’s Project Manager a proposed Change Statement. If the receiving party does not accept the Change Statement in writing within ten (10) days, the receiving party shall be deemed to have rejected the Change Statement. If the parties cannot reach agreement on a proposed Change, the Company shall nevertheless continue to render performance under this Contract in accordance with its (unchanged) terms and conditions.
Changes that involve or increase in the amounts payable by the City may require execution by the City Manager or a designee depending on the amount. Some increases may also require approval by Charlotte City Council.
21. CITY OWNERSHIP OF WORK PRODUCT.
21.1. The parties agree that the City shall have exclusive ownership of all reports, documents, designs, ideas, materials, reports, concepts, plans, creative works, and other work product developed for or provided to the City in connection with this Contract, and all patent rights, copyrights, trade secret rights and other intellectual property rights relating thereto (collectively the “Intellectual Property”). The Company hereby assigns and transfers all rights in the Intellectual Property to the City. The Company further agrees to execute and deliver such assignments and other documents as the City may later require to perfect, maintain and enforce the City’s rights as sole owner of the Intellectual Property, including all rights under patent and copyright law. The Company hereby appoints the City as attorney in fact to execute all such assignments and instruments and agree that its appointment of the City as an attorney in fact is coupled with an interest and is irrevocable.
21.2. The City grants the Company a royalty-free, non-exclusive license to use and copy the Intellectual Property to the extent necessary to perform this Contract. The Company shall not be entitled to use the Intellectual Property for other purposes without the City’s prior written consent, and shall treat the Intellectual Property as “Confidential Information” pursuant to Section 25 of the Contract.
21.3. The Company will treat as Confidential Information under the Confidentiality and NonDisclosure Contract all data in connection with the Contract. City data processed by the Company shall remain the exclusive property of the City. The Company will not reproduce, copy, duplicate, disclose, or in any way treat the data supplied by the City in any manner except 10 Attachment 2
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that contemplated by the Contract.
22. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this Contract is solely that of independent contractors, and nothing contained in this Contract shall be construed to (i) give any party the power to direct or control the day-to-day administrative activities of the other; or (ii) constitute such parties as partners, joint venturers, co-owners or otherwise as participants in a joint or common undertaking; or (iii) make either party an agent of the other, or any Company employee an agent or employee of the City, for any purpose whatsoever. Neither party nor its agents or employees is the representative of the other for any purpose, and neither has power or authority to act as agent or employee to represent, to act for, bind, or otherwise create or assume any obligation on behalf of the other.
23. INDEMNIFICATION. To the fullest extent permitted by law, the Company shall indemnify, defend and hold harmless each of the “Indemnitees” (as defined below) from and against any and all “Charges” (as defined below) paid or incurred as a result of any claims, demands, lawsuits, actions, or proceedings:
(i) alleging violation, misappropriation or infringement of any copyright, trademark, patent, trade secret or other proprietary rights with respect to the Services or any products or deliverables provided to the City pursuant to this Contract (“Infringement Claims”); (ii) seeking payment for labor or materials purchased or supplied by the Company or its subcontractors in connection with this Contract; (iii) arising from the Company’s failure to perform its obligations under this Contract, or from any act of negligence or willful misconduct by the Company or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible; or (iv) arising from any claim that the Company or an employee or subcontractor of the Company is an employee of the City, including but not limited to claims relating to worker’s compensation, failure to withhold taxes and the like. For purposes of this Section: (i) the term “Indemnitees” means the City, any federal agency that funds all or part of this Contract, and each of the City’s and such federal agency’s officers, officials, employees, agents and independent contractors (excluding the Company); and (ii) the term “Charges” means any and all losses, damages, costs, expenses (including reasonable attorneys’ fees), obligations, duties, fines, penalties, royalties, interest charges and other liabilities (including settlement amounts).
If an Infringement Claim occurs, the Company shall either: (i) procure for the City the right to continue using the affected product or service; or (ii) repair or replace the infringing product or service so that it becomes non-infringing, provided that the performance of the overall product(s) and service(s) provided to the City shall not be adversely affected by such replacement or modification. If the Company is unable to comply with the preceding sentence within thirty (30) days after the City is directed to cease use of a product or service, the Company shall promptly refund to the City all amounts paid under this Contract.
This Section 23 shall remain in force despite termination of this Contract (whether by expiration of the term or otherwise).
24. SUBCONTRACTING. Should the Company choose to subcontract, the Company shall be the prime contractor and shall remain fully responsible for performance of all obligations that it is required to perform under the Contract. Any subcontract entered into by Company shall name the City as a third party beneficiary.
25. CONFIDENTIAL INFORMATION.
25.1. CONFIDENTIAL INFORMATION. Confidential Information includes any information, not generally known in the relevant trade or industry, obtained from the City or its vendors or licensors or which falls within any of the following general categories:
25.1.1. Trade secrets. For purposes of this Contract, trade secrets consist of information of the City or any of its suppliers, contractors or licensors: (a) that derives value from being 11 Attachment 2
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secret; and (b) that the owner has taken reasonable steps to keep confidential. Examples of trade secrets include information relating to proprietary software, new technology, new products or services, flow charts or diagrams that show how things work, manuals that tell how things work and business processes and procedures.
25.1.2. Information of the City or its suppliers, contractors or licensors marked “Confidential” or “Proprietary.”
25.1.3. Information relating to criminal investigations conducted by the City, and records of criminal intelligence information compiled by the City.
25.1.4. Information contained in the City’s personnel files, as defined by N.C. Gen. Stat. 160A168. This consists of all information gathered and/or maintained by the City about employees, except for that information which is a matter of public record under North Carolina law.
25.1.5. Citizen or employee social security numbers collected by the City.
25.1.6. Computer security information of the City, including all security features of electronic data processing, or information technology systems, telecommunications networks and electronic security systems. This encompasses but is not limited to passwords and security standards, procedures, processes, configurations, software and codes.
25.1.7. Local tax records of the City that contains information about a taxpayer’s income or receipts.
25.1.8. Any attorney / City privileged information disclosed by either party.
25.1.9. Any data collected from a person applying for financial or other types of assistance, including but not limited to their income, bank accounts, savings accounts, etc.
25.1.10.The name or address of individual homeowners who, based on their income, have received a rehabilitation grant to repair their home.
25.1.11.Building plans of city-owned buildings or structures, as well as any detailed security plans.
25.1.12.Billing information of customers compiled and maintained in connection with the City providing utility services.
25.1.13.Other information that is exempt from disclosure under the North Carolina public records laws.
Categories stated in Sections 25.1.3 through 25.1.13 above constitute “Highly Restricted Information,” as well as Confidential Information. The Company acknowledges that certain Highly Restricted Information is subject to legal restrictions beyond those imposed by this Contract, and agrees that: (i) all provisions in this Contract applicable to Confidential Information shall apply to Highly Restricted Information; and (ii) the Company will also comply with any more restrictive instructions or written policies that may be provided by the City from time to time to protect the confidentiality of Highly Restricted Information.
The parties acknowledge that in addition to information disclosed or revealed after the date of this Contract, the Confidential Information shall include information disclosed or revealed within one (1) year prior to the date of this Contract.
25.2. RESTRICTIONS. The Company shall keep the Confidential Information in the strictest confidence, in the manner set forth below:
25.2.1. It shall not copy, modify, enhance, compile or assemble (or reverse compile or disassemble), or reverse engineer Confidential Information. 12 Attachment 2
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25.2.2. It shall not, directly or indirectly, disclose, divulge, reveal, report or transfer Confidential Information of the other to any third party or to any individual employed by the Company, other than an employee, agent, subcontractor or vendor of the City or Company who: (i) has a need to know such Confidential Information, and (ii) has executed a confidentiality agreement incorporating substantially the form of this Section of the Contract and containing all protections set forth herein.
25.2.3. It shall not use any Confidential Information of the City for its own benefit or for the benefit of a third party, except to the extent such use is authorized by this Contract or other written agreements between the parties hereto, or is for the purpose for which such Confidential Information is being disclosed.
25.2.4. It shall not remove any proprietary legends or notices, including copyright notices, appearing on or in the Confidential Information of the other.
25.2.5. The Company shall use its best efforts to enforce the proprietary rights of the City and the City’s vendors, licensors and suppliers (including but not limited to seeking injunctive relief where reasonably necessary) against any person who has possession of or discloses Confidential Information in a manner not permitted by this Contract.
25.2.6. In the event that any demand is made in litigation, arbitration or any other proceeding for disclosure of Confidential Information, the Company shall assert this Contract as a ground for refusing the demand and, if necessary, shall seek a protective order or other appropriate relief to prevent or restrict and protect any disclosure of Confidential Information.
25.2.7. All materials which constitute, reveal or derive from Confidential Information shall be kept confidential to the extent disclosure of such materials would reveal Confidential Information, and unless otherwise agreed, all such materials shall be returned to the City or destroyed upon satisfaction of the purpose of the disclosure of such information.
25.3. EXCEPTIONS. The parties agree that the Company shall have no obligation with respect to any Confidential Information which the Company can establish:
25.3.1. Was already known to the Company prior to being disclosed by the disclosing party;
25.3.2. Was or becomes publicly known through no wrongful act of the Company;
25.3.3. Was rightfully obtained by the Company from a third party without similar restriction and without breach hereof;
25.3.4. Was used or disclosed by the Company with the prior written authorization of the City;
25.3.5. Was disclosed pursuant to the requirement or request of a governmental agency, which disclosure cannot be made in confidence, provided that, in such instance, the Company shall first give to the City notice of such requirement or request;
25.3.6. Was disclosed pursuant to the order of a court of competent jurisdiction or a lawfully issued subpoena, provided that the Company shall take use its best efforts to obtain an agreement or protective order providing that, to the greatest possible extent possible, this Contract will be applicable to all disclosures under the court order or subpoena.
25.4. UNINTENTIONAL DISCLOSURE. Notwithstanding anything contained herein in to the contrary, in the event that the Company is unintentionally exposed to any Confidential Information of the City, the Company agrees that it shall not, directly or indirectly, disclose, divulge, reveal, report or transfer such Confidential Information to any person or entity or use such Confidential Information for any purpose whatsoever. 13 Attachment 2
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25.5. REMEDIES. The Company acknowledges that the unauthorized disclosure of the Confidential Information of the City will diminish the value of the proprietary interests therein. Accordingly, it is agreed that if the Company breaches its obligations hereunder, the City shall be entitled to equitable relief to protect its interests, including but not limited to injunctive relief, as well as monetary damages.
26. INSURANCE.
26.1. TYPES OF INSURANCE. The Company shall obtain and maintain during the life of this Contract, with an insurance company rated not less than “A” by A.M. Best, authorized to do business in the State of North Carolina, acceptable to the Charlotte-Mecklenburg, Risk Management Division the following insurance:
26.1.1. Automobile Liability - Bodily injury and property damage liability covering all owned, non-owned and hired automobiles for limits of not less than $1,000,000 bodily injury each person, each accident and $1,000,000 property damage, or $1,000,000 combined single limit - bodily injury and property damage.
26.1.2. Commercial General Liability - Bodily injury and property damage liability as shall protect the Company and any subcontractor performing Services under this Contract, from claims of bodily injury or property damage which arise from performance of this Contract, whether such operations are performed by the Company, any subcontractor, or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 bodily injury each occurrence/aggregate and $1,000,000 property damage each occurrence/aggregate, or $1,000,000 bodily injury and property damage combined single limits each occurrence/aggregate. This insurance shall include coverage for products, operations, personal and advertising injury, and contractual liability, assumed under the indemnity provision of this Contract.
26.1.3. Workers’ Compensation and Employers Liability - meeting the statutory requirements of the State of North Carolina, $100,000 per accident limit, $500,000 disease per policy limit, $100,000 disease each employee limit.
The Company shall not provide any Products or commence any Services in connection with this Contract until it has obtained all of the foregoing types of insurance and such insurance has been approved by the City. The Company shall not allow any subcontractor to provide any Products or commence Services on its subcontract until all similar insurance required of the subcontractor has been obtained and approved.
26.2. OTHER INSURANCE REQUIREMENTS.
26.2.1. The City shall be exempt from, and in no way liable for any sums of money, which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Company and/or subcontractor providing such insurance.
26.2.2. The City of Charlotte shall be named as an additional insured for operations or services rendered under the general liability coverage. The Company’s insurance shall be primary of any self-funding and/or insurance otherwise carried by the City for all loss or damages arising from the Company’s operations under this agreement.
26.2.3. Certificates of such insurance will be furnished to the City and shall contain the provision that the City be given thirty (30) days’ written notice of any intent to amend coverage reductions or material changes or terminate by either the insured or the insuring Company.
26.2.4. Should any or all of the required insurance coverage be self-funded/self-insured, a copy of the Certificate of Self-Insurance or other documentation from the North Carolina 14 Attachment 2
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Department of Insurance shall be furnished to the City.
26.2.5. If any part of the Products/Services under this Contract is sublet, the subcontractor shall be required to meet all insurance requirements as listed above. However, this will in no way relieve the Company from meeting all insurance requirements or otherwise being responsible for the subcontractor.
27. COMMERCIAL NON-DISCRIMINATION. As a condition of entering into this Contract, the Company represents and warrants that it will fully comply with the City's Commercial NonDiscrimination Policy, as described in Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of any arbitration conducted thereunder. As part of such compliance, the Company shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, age or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors or suppliers in connection with a City contract or contract solicitation process, nor shall the Company retaliate against any person or entity for reporting instances of such discrimination. The Company shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its subcontracting and supply opportunities on City contracts, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace. The Company understands and agrees that a violation of this clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of the Company from participating in City contracts or other sanctions.
As a condition of entering into this Contract, the Company agrees to: (i) promptly provide to the City in a format specified by the City all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors in connection with this Contract; and (ii) if requested, provide to the City within sixty days after the request a truthful and complete list of the names of all subcontractors, vendors, and suppliers that the Company has used on City contracts in the past five years, including the total dollar amount paid by the Company on each subcontract or supply contract. The Company further agrees to fully cooperate in any investigation conducted by the City pursuant to the City’s Non-Discrimination Policy, to provide any documents relevant to such investigation that are requested by the City, and to be bound by the award of any arbitration conducted under such Policy.
The Company agrees to provide to the City from time to time on the City’s request, payment affidavits detailing the amounts paid by the Company to subcontractors and suppliers in connection with this Contract within a certain period of time. Such affidavits shall be in the format specified by the City from time to time.
The Company understands and agrees that violation of this Commercial Non-Discrimination provision shall be considered a material breach of this Contract and may result in contract termination, disqualification of the Company from participating in City contracts and other sanctions.
28. NOTICES. Any notice, consent or other communication required or contemplated by this Contract shall be in writing, and shall be delivered in person, by U.S. mail, by overnight courier, by electronic mail or by telefax to the intended recipient at the address set forth below. Notice shall be effective upon the date of receipt by the intended recipient; provided that any notice which is sent by telefax or electronic mail shall also be simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier. Each party may change its address for notification purposes by giving the other party written notice of the new address and the date upon which it shall become effective.
Communications that relate to any breach, default, termination, delay in performance, prevention of performance, modification, extension, amendment, or waiver of any provision of this Contract shall be sent to:
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For the Company: For the City:
Zach Ziegler Kay Elmore
Herman Miller, Inc. City of Charlotte
855 E. Main City Procurement
Zeeland, MI 94964 600 East Fourth Street, 9th Floor
Charlotte, NC 28202
Phone: 616-654-8843 Phone: 704-336-2524
Fax: Fax: 704-632-8252
E-mail: [email protected] E-mail: [email protected] With Copy To: With Copy To:
Greg Cass Adam Jones
Herman Miller, Inc. City of Charlotte
855 E. Main City Attorney’s Office
Zeeland, MI 94964 600 East Fourth Street, 15th Floor
Charlotte, NC 28202
Phone: 201-341-1005 Phone: 704-336-3012
E-mail: [email protected] E-mail: [email protected] All other notices shall be sent to the other party’s Project Manager at the most recent address provided in writing by the other party.
29. MISCELLANEOUS.
29.1. ENTIRE AGREEMENT. This Contract is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings, or agreements between the parties with respect to such subject matter. This Contract supersedes all prior agreements, negotiations, representations and proposals, written or oral.
29.2. AMENDMENT. No amendment or change to this Contract shall be valid unless in writing and signed by both parties to this Contract.
29.3. GOVERNING LAW AND JURISDICTION. The parties acknowledge that this Contract is made and entered into in Charlotte, North Carolina, and will be performed in Charlotte, North Carolina. The parties further acknowledge and agree that North Carolina law shall govern all the rights, obligations, duties and liabilities of the parties under this Contract, and that North Carolina law shall govern interpretation and enforcement of this Contract and any other matters relating to this Contract (all without regard to North Carolina conflicts of law principles). The parties further agree that any and all legal actions or proceedings relating to this Contract shall be brought in a state or federal court sitting in Mecklenburg County, North Carolina. By the execution of this Contract, the parties submit to the jurisdiction of said courts and hereby irrevocably waive any and all objections, which they may have with respect to venue in any court sitting in Mecklenburg County, North Carolina.
29.4. BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties and their successors and permitted assigns. Neither party may assign any of the rights and obligations thereunder without the prior written consent of the other. Any assignment attempted without the written consent of the other party shall be void.
29.5. CITY NOT LIABLE FOR DELAYS. It is agreed that the City shall not be liable to the Company, its agents or representatives or any subcontractor for or on account of any stoppages or delay in the performance of any obligations of the City or any other party hereunder caused by injunction or other legal or equitable proceedings or on account of any other delay for any 16 Attachment 2
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cause beyond the City’s reasonable control. The City shall not be liable under any circumstances for lost profits or any other consequential, special or indirect damages.
29.6. FORCE MAJEURE.
29.6.1. The Company shall be not liable for any failure or delay in the performance of its obligations pursuant to this Contract (and such failure or delay shall not be deemed a default of this Contract or grounds for termination hereunder if all of the following conditions are satisfied: (i) if such failure or delay: (a) could not have been prevented by reasonable precaution, and (b) cannot reasonably be circumvented by the nonperforming party through the use of alternate sources, work-around plans, or other means; and (ii) if and to the extent such failure or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or court order.
29.6.2. Upon the occurrence of an event which satisfies all of the conditions set forth above (a “Force Majeure Event”) the Company shall be excused from any further performance of those of its obligations pursuant to this Contract affected by the Force Majeure Event for as long as (i) such Force Majeure Event continues; and (ii) the Company continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay.
29.6.3. Upon the occurrence of a Force Majeure Event, the Company shall immediately notify the City by telephone (to be confirmed by written notice within two (2) days of the inception of the failure or delay) of the occurrence of a Force Majeure Event and shall describe in reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event prevents the Company from performing its obligations for more than five (5) days, the City may terminate this Contract.
29.6.4. Strikes, slow-downs, walkouts, lockouts, and individual disputes are not excused under this provision.
29.7. SEVERABILITY. The invalidity of one or more of the phrases, sentences, clauses or sections contained in this Contract shall not affect the validity of the remaining portion of the Contract so long as the material purposes of the Contract can be determined and effectuated. If any provision of this Contract is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and this Contract shall be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent.
29.8. NO PUBLICITY. No advertising, sales promotion or other materials of the Company or its agents or representations may identify or reference this Contract or the City in any manner absent the written consent of the City.
29.9. APPROVALS. All approvals or consents required under this Contract must be in writing.
29.10. WAIVER. No delay or omission by either party to exercise any right or power it has under this Contract shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach of this Contract shall not be constitute or operate as a waiver of any succeeding breach of that covenant or of any other covenant. No waiver of any provision of this Contract shall be effective unless in writing and signed by the party waiving the rights.
29.11. SURVIVAL OF PROVISIONS. The following sections of this Contract shall survive the termination hereof:
Section 4.3 “Employment Taxes and Employee Benefits”
Section 15 “Representations and Warranties of Company”
Section 18 “Term and Termination of Contract”
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Section 21 “City Ownership of Work Product”
Section 23 “Indemnification”
Section 25 “Confidential Information”
Section 26 “Insurance”
Section 28 “Notices and Principal Contacts”
Section 29 “Miscellaneous”
29.12. CHANGE IN CONTROL. In the event of a change in “Control” of the Company (as defined below), the City shall have the option of terminating this Contract by written notice to the Company. The Company shall notify the City within ten (10) days of the occurrence of a change in control. As used in this Contract, the term “Control” shall mean the possession, direct or indirect, of either (i) the ownership of or ability to direct the voting of, as the case may be fiftyone percent (51%) or more of the equity interests, value or voting power in the Company or (ii) the power to direct or cause the direction of the management and policies of the Company whether through the ownership of voting securities, by contract or otherwise.
29.13. DRAFTER’S PROTECTION. Each of the Parties has agreed to the use of the particular language of the provisions of this Contract and any questions of doubtful interpretation shall not be resolved by any rule or interpretation against the drafters, but rather in accordance with the fair meaning thereof, having due regard to the benefits and rights intended to be conferred upon the Parties hereto and the limitations and restrictions upon such rights and benefits intended to be provided.
29.14. FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. The Company agrees to make itself aware of and comply with all local, state and federal ordinances, statutes, laws, rules and regulations applicable to the Services. The Company further agrees that it will at all times during the term of this Contract be in compliance with all applicable federal, state and/or local laws regarding employment practices. Such laws will include, but shall not be limited to, workers' compensation, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to the Services.
29.15. CONFLICT OF INTEREST. The Company covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect that would conflict in any manner or degree with the performance of Services required to be performed under the Contract.
29.16. NO BRIBERY. The Company certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the foregoing has bribed or attempted to bribe an officer or employee of the City in connection with the Contract.
29.17. HARASSMENT. The Company agrees to make itself aware of and comply with the City's Harassment Policy. The City will not tolerate or condone acts of harassment based upon race, sex, religion, national origin, color, age, or disability. Violators of this policy will be subject to termination.
29.18. TRAVEL UPGRADES. The City has no obligation to reimburse the Company for any travel or other expenses incurred in connection with this Contract.
29.19. TAXES. Except as specifically stated elsewhere in this Contract, the Company shall collect all applicable federal, state and local taxes which may be chargeable against the performance of the Services, and remit such taxes to the relevant taxing authority. The Company consents to and authorizes the City to collect any and all delinquent taxes and related interest, fines, or penalties of the Company by reducing any payment, whether monthly, quarterly, semiannually, annually, or otherwise, made by the City to the Company pursuant to this Contract for an amount equal to any and all taxes and related interest, fines, or penalties owed by the 18 Attachment 2
450
CONTRACT #: 2020000622
VENDOR #: 308726
Company to the City. The Company hereby waives any requirements for notice under North Carolina law for each and every instance that the City collects delinquent taxes pursuant to this paragraph. This paragraph shall not be construed to prevent the Company from filing an appeal of the assessment of the delinquent tax if such appeal is within the time prescribed by law.
29.20. COUNTERPARTS. This Contract may be executed in any number of counterparts, all of which taken together shall constitute one single agreement between the parties.
29.21. PRE-AUDIT. No pre-audit certificate is required under N.C. Gen. Stat. 159-28(a) because this Contract is for an indefinite quantity with no minimum purchase requirement. Notwithstanding anything contained herein to the contrary, this Contract does not require the City to purchase a single product or service, and a decision by the City to not make any purchase hereunder will violate neither this Contract nor any implied duty of good faith and fair dealing. The City has no financial obligation under this Contract absent the City’s execution of a valid and binding purchase order or contract addendum containing a pre-audit certificate.” [Signature Page Follows]
19 Attachment 2
451
Attachment 2
452
CONTRACT #: 2020000622
VENDOR #: 308726
EXHIBIT A – PRICING SHEET
21 Attachment 2
453
HERMAN MILLER ‐ CONTRACT 2020000622
EXHIBIT A ‐ PRICING SHEET
$400,001 and
Above
CATEGORY PRODUCT NAME AND CODE USED TO LOCATE LIST PRICE CATALOG CATALOG DATE DROP SHIP INSIDE DELIVERY DROP SHIP INSIDE DELIVERY ALL SERVICE OPTIONS Systems Furniture Action Office® 1 & AO2 Panels (B) September 3, 2019 70.50% 68.50% 71.50% 69.50% NegotiableSystems Furniture Action Office® 2 Components (J) September 3, 2019 70.50% 68.50% 71.50% 69.50% NegotiableSystems Furniture Canvas Channel (FZ) September 3, 2019 69.00% 67.00% 71.00% 69.00% NegotiableSystems Furniture Canvas Dock (FD) September 3, 2019 69.00% 67.00% 71.00% 69.00% NegotiableSystems Furniture Canvas Office Landscape® Group-Based (FR) September 3, 2019 69.00% 67.00% 71.00% 69.00% NegotiableSystems Furniture Canvas Office Landscape® Private Office (FV) September 3, 2019 69.00% 67.00% 71.00% 69.00% NegotiableSystems Furniture Canvas Office Landscape® Wall-Based (FT) September 3, 2019 69.00% 67.00% 71.00% 69.00% NegotiableSystems Furniture Canvas Vista (FX) September 3, 2019 69.00% 67.00% 71.00% 69.00% NegotiableSystems Furniture Ethospace® (U) September 3, 2019 69.00% 67.00% 71.00% 69.00% NegotiableSystems Furniture Formwork™ (CY) September 3, 2019 40.00% 38.00% 42.00% 40.00% NegotiableSystems Furniture Intent Solution (CF) September 3, 2019 53.00% 51.00% 55.00% 53.00% NegotiableSystems Furniture Layout Studio® (LS) September 3, 2019 51.00% 49.00% 53.00% 51.00% NegotiableSystems Furniture Prospect (CB) September 3, 2019 53.20% 51.20% 54.50% 52.50% Negotiable Systems Furniture Public Office Landscape™ (BV) September 3, 2019 54.00% 52.00% 56.00% 54.00% NegotiableSytems Furniture - Ancillary Accessories (8) September 3, 2019 70.50% 68.50% 71.50% 69.50% Negotiable Sytems Furniture - Ancillary C-Style Overhead Storage (CS) September 3, 2019 69.00% 67.00% 71.00% 69.00% NegotiableSytems Furniture - Ancillary Energy Distribution System (C) September 3, 2019 70.50% 68.50% 71.50% 69.50% NegotiableSytems Furniture - Ancillary Generic (R) September 3, 2019 64.00% 64.00% 66.00% 66.00% NegotiableSytems Furniture - Ancillary Innovative Products (IP) September 3, 2019 46.00% 44.00% 48.00% 46.00% NegotiableSytems Furniture - Ancillary Keys & Locks (KA) September 3, 2019 64.00% 64.00% 66.00% 66.00% Negotiable Sytems Furniture - Ancillary Lighting (A) September 3, 2019 70.50% 68.50% 71.50% 69.50% NegotiableSytems Furniture - Ancillary Textiles (K) September 3, 2019 64.00% 64.00% 66.00% 66.00% NegotiableSytems Furniture - Ancillary Thrive® CBS Portfolio (Z2) September 3, 2019 54.00% 52.00% 56.00% 54.00% NegotiableSytems Furniture - Ancillary Thrive® Ergonomic Portfolio (ZZ) September 3, 2019 54.00% 52.00% 56.00% 54.00% NegotiableSytems Furniture - Ancillary Thrive® Global (Z3) September 3, 2019 54.00% 52.00% 56.00% 54.00% NegotiableFreestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable
1. FURNITURE CATEGORIES AND OTHER RELATED PRODUCTS
FIXED PERCENTAGE (%) DISCOUNT OFF THE MANUFACTURER'S LIST PRICE TIERS ARE BASED ON LIST PRODUCT VALUE OF EACH OTHER $1 - $100,000 $100,001 - $400,000
22 Attachment
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HERMAN MILLER ‐ CONTRACT 2020000622
EXHIBIT A ‐ PRICING SHEET
$400,001 and
Above
CATEGORY PRODUCT NAME AND CODE USED TO LOCATE LIST PRICE CATALOG CATALOG DATE DROP SHIP INSIDE DELIVERY DROP SHIP INSIDE DELIVERY ALL SERVICE OPTIONS
1. FURNITURE CATEGORIES AND OTHER RELATED PRODUCTS
FIXED PERCENTAGE (%) DISCOUNT OFF THE MANUFACTURER'S LIST PRICE TIERS ARE BASED ON LIST PRODUCT VALUE OF EACH OTHER $1 - $100,000 $100,001 - $400,000
Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Freestanding Furniture AGL Table Group™ (DF) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Seating / Chairs Aeron® Chairs (EC) September 3, 2019 51.00% 49.00% 53.00% 51.00% NegotiableSeating / Chairs Aside® Seating (PD) September 3, 2019 53.00% 51.00% 55.00% 53.00% Negotiable Seating / Chairs Caper® Chair (WC) September 3, 2019 53.00% 51.00% 55.00% 53.00% Negotiable Seating / Chairs Celle® Chair (TR) September 3, 2019 51.00% 49.00% 53.00% 51.00% NegotiableSeating / Chairs Chadwick™ Modular Seating (V) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Seating / Chairs Classical Seating (E) September 3, 2019 46.00% 44.00% 48.00% 46.00% NegotiableSeating / Chairs Collection (ER) September 3, 2019 46.00% 44.00% 48.00% 46.00% NegotiableSeating / Chairs Cosm (FC) September 3, 2019 51.00% 49.00% 53.00% 51.00% NegotiableSeating / Chairs Eames® Aluminum Group (H) September 3, 2019 46.00% 44.00% 48.00% 46.00% NegotiableSeating / Chairs Eames® Molded Plastic and Wire Chairs (VT) September 3, 2019 40.00% 38.00% 42.00% 40.00% NegotiableSeating / Chairs Eames® Tandem Seating (L) September 3, 2019 46.00% 44.00% 48.00% 46.00% Negotiable Seating / Chairs Embody® (CN) September 3, 2019 49.00% 47.00% 51.00% 49.00% Negotiable Seating / Chairs Goetz™ Sofa (GS) September 3, 2019 40.00% 38.00% 42.00% 40.00% Negotiable Seating / Chairs Keyn (TV) September 3, 2019 49.00% 47.00% 51.00% 49.00% NegotiableSeating / Chairs Limerick® Seating (PO) September 3, 2019 53.00% 51.00% 55.00% 53.00% NegotiableSeating / Chairs Lino (MI) September 3, 2019 51.00% 49.00% 53.00% 51.00% NegotiableSeating / Chairs Mirra2 Seating (LF) September 3, 2019 51.00% 49.00% 53.00% 51.00% Negotiable Seating / Chairs Plex (XX) September 3, 2019 46.00% 44.00% 48.00% 46.00% Negotiable Seating / Chairs SAYL® (AV) September 3, 2019 51.00% 49.00% 53.00% 51.00% Negotiable Seating / Chairs Setu® (RY) September 3, 2019 51.00% 49.00% 53.00% 51.00% NegotiableSeating / Chairs Stools (SO) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Seating / Chairs Verus (PI) September 3, 2019 51.00% 49.00% 53.00% 51.00% NegotiableSeating / Chairs Geiger Foray (NG) September 3, 2019 51.00% 49.00% 52.00% 50.00% NegotiableSeating / Chairs Geiger Guest Seating (H5) September 3, 2019 51.00% 49.00% 52.00% 50.00% NegotiableSeating / Chairs Geiger Sotto™ (H6) September 3, 2019 51.00% 49.00% 52.00% 50.00% NegotiableSeating / Chairs Geiger Stackable™ (H7) September 3, 2019 51.00% 49.00% 52.00% 50.00% NegotiableSeating / Chairs Geiger Stools (H2) September 3, 2019 51.00% 49.00% 52.00% 50.00% Negotiable Seating / Chairs Geiger Taper (FG) September 3, 2019 51.00% 49.00% 52.00% 50.00% NegotiableSeating / Chairs Leeway (LA) September 3, 2019 51.00% 49.00% 51.00% 49.00% Negotiable 23 Attachment
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EXHIBIT A ‐ PRICING SHEET
$400,001 and
Above
CATEGORY PRODUCT NAME AND CODE USED TO LOCATE LIST PRICE CATALOG CATALOG DATE DROP SHIP INSIDE DELIVERY DROP SHIP INSIDE DELIVERY ALL SERVICE OPTIONS
1. FURNITURE CATEGORIES AND OTHER RELATED PRODUCTS
FIXED PERCENTAGE (%) DISCOUNT OFF THE MANUFACTURER'S LIST PRICE TIERS ARE BASED ON LIST PRODUCT VALUE OF EACH OTHER $1 - $100,000 $100,001 - $400,000
Soft Seating HAY HM (2C) September 3, 2019 46.00% 44.00% 48.00% 46.00% NegotiableSoft Seating naughtone (NO) September 3, 2019 46.00% 44.00% 46.00% 44.00% NegotiableSoft Seating Nemschoff January 7, 2019 48.00% 47.00% 48.00% 47.00% Negotiable Soft Seating Swoop™ (OA) September 3, 2019 46.00% 44.00% 48.00% 46.00% Negotiable Soft Seating Geiger Lounge Seating (H8) September 3, 2019 51.00% 49.00% 52.00% 50.00% NegotiableSoft Seating Geiger Reframe (HJ) September 3, 2019 51.00% 49.00% 52.00% 50.00% NegotiableSoft Seating Geiger Ward Bennett™ Seating (HU) September 3, 2019 43.00% 41.00% 45.00% 43.00% Negotiable Soft Seating ColourForm Sofa Group (CU) September 3, 2019 37.00% 35.00% 39.00% 37.00% NegotiableSoft Seating Objects (AB) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Soft Seating Striad (SD) September 3, 2019 37.00% 35.00% 39.00% 37.00% Negotiable Filing Systems, Storage & Equipment Canvas Office Landscape® Metal Filing & Storage (FM) September 3, 2019 69.00% 67.00% 71.00% 69.00% Negotiable Filing Systems, Storage & Equipment Canvas Office Landscape® Wood Filing & Storage (FF) September 3, 2019 69.00% 67.00% 71.00% 69.00% NegotiableFiling Systems, Storage & Equipment Meridian® Laterals (MF) September 3, 2019 54.00% 52.00% 56.00% 54.00% Negotiable Filing Systems, Storage & Equipment Meridian® Pedestals (MP) September 3, 2019 54.00% 52.00% 56.00% 54.00% Negotiable Filing Systems, Storage & Equipment Meridian® Storage Cases/Book Cases (MS) September 3, 2019 52.00% 50.00% 54.00% 52.00% NegotiableFiling Systems, Storage & Equipment Meridian® Towers (MG) September 3, 2019 52.00% 50.00% 54.00% 52.00% NegotiableFiling Systems, Storage & Equipment Meridian® Verticals (MV) September 3, 2019 54.00% 52.00% 56.00% 54.00% Negotiable Filing Systems, Storage & Equipment Nelson™ Cabinets (NC) September 3, 2019 37.00% 35.00% 39.00% 37.00% NegotiableFiling Systems, Storage & Equipment Quadrant B-Front Lateral Files (2) September 3, 2019 52.00% 50.00% 54.00% 52.00% NegotiableFiling Systems, Storage & Equipment Quadrant B-Front Pedestals (BP) September 3, 2019 69.00% 67.00% 71.00% 69.00% NegotiableFiling Systems, Storage & Equipment Quadrant F-Front Lateral Files (2A) September 3, 2019 52.00% 50.00% 54.00% 52.00% Negotiable Filing Systems, Storage & Equipment Quadrant F-Front Pedestals (BQ) September 3, 2019 69.00% 67.00% 71.00% 69.00% NegotiableFiling Systems, Storage & Equipment Tu® Laterals (UL) September 3, 2019 66.80% 64.80% 68.20% 66.20% NegotiableFiling Systems, Storage & Equipment Tu® Pedestals (UP) September 3, 2019 66.80% 64.80% 68.20% 66.20% Negotiable Filing Systems, Storage & Equipment Tu® Storage (US) September 3, 2019 66.80% 64.80% 68.20% 66.20% Negotiable Filing Systems, Storage & Equipment Tu® Towers (UT) September 3, 2019 66.80% 64.80% 68.20% 66.20% NegotiableFiling Systems, Storage & Equipment Tu® Wood Cases (UW) September 3, 2019 66.80% 64.80% 68.20% 66.20% NegotiableFiling Systems, Storage & Equipment Tu® Wood Credenzas (UJ) September 3, 2019 66.80% 64.80% 68.20% 66.20% Negotiable Filing Systems, Storage & Equipment Tu® Wood Cubbies (UH) September 3, 2019 66.80% 64.80% 68.20% 66.20% Negotiable Filing Systems, Storage & Equipment Tu® Wood Peds (UF) September 3, 2019 66.80% 64.80% 68.20% 66.20% Negotiable Filing Systems, Storage & Equipment Tu® Wood Towers (UI) September 3, 2019 66.80% 64.80% 68.20% 66.20% Negotiable
OTHER RELATED PRODUCTS PRODUCT NAME AND CODE USED TO LOCATE LIST PRICE CATALOG CATALOG DATE DROP SHIP INSIDE DELIVERY DROP SHIP INSIDE DELIVERY ALL SERVICE OPTIONS S Co/Struc® (S) September 3, 2019 51.00% 49.00% 53.00% 51.00% NegotiableTW Compass™ System (TW) September 3, 2019 54.00% 52.00% 55.00% 53.00% NegotiableD Herman Miller for Healthcare Action Lab (D) September 3, 2019 51.00% 49.00% 53.00% 51.00% NegotiableSA Herman Miller for Healthcare Carts (SA) September 3, 2019 12.00% 10.00% 12.00% 10.00% NegotiableCH Mora (CH) September 3, 2019 51.00% 49.00% 53.00% 51.00% Negotiable OS Living Office Hardware (OS) - does not include software/subscriptions September 3, 2019 50.00% 50.00% 50.00% 50.00% NegotiableMN Overlay (MN) September 3, 2019 54.00% 52.00% 56.00% 54.00% Negotiable CW Magis® Alliance (CW) September 3, 2019 40.00% 38.00% 42.00% 40.00% NegotiableCX Mattiazzi Alliance (CX) September 3, 2019 40.00% 38.00% 42.00% 40.00% Negotiable 24 Attachment
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EXHIBIT A ‐ PRICING SHEET
Purchase order and payment are issued directly to the local authorized Herman Miller dealer.
Payment Terms are Net 30 or as negotiated with the local authorized Herman Miller dealer.
Deposit requirements and progress payments to be negotiated with the local authorized Herman Miller dealer.Returns & cancellations are allowed only with HMI/dealer approval under HMI’s change/cancellation policy. 7) Mora, Compass, CoStruc casework systems installation to be quoted and approved by the buyer prior to performance of the work.8) Living office installation, software, licenses, and subscriptions will be quoted and approved by the buyer prior to performance of work.Any additional charges shall be quoted by the dealer and approved by the buyer prior to performance of the work. NTE = Not To Exceed2) Major Metro Markets and any non-ground floor installation: NTE 1% - 3.5% of list product value - Major Metro Markets include large population centers and urban environments. 3) Installation in a clinical/medical environment: NTE 1% - 3.5% of list product value 4) Special restrictions or limits established by local laws, ordinances or the directions of the buyer, including but not limited to restrictions on transportations of materials, street access to the job site and/or dock facilities: NTE 1% - 3.5% of list product value 5) Installations outside of a 50 mile radius of the servicing dealer: NTE 1% - 2% of list product value.6) Local Prevailing Wage and/or Union Labor Rates - Service work will shall not be hindered by other trades. - Electric, heat, and adequate elevator service will be furnished without charge. - The immediate installation area shall be complete and free of debris including the carpet/flooring before installation commences. - Any work requiring a licensed electrician is the responsibility of the buyer.Additional Charges May Apply For:1) Orders of an aggregate quantity of 1 - 10 chairs, desks, files, peds - NTE $300 fee per delivery. 4. Expanded Service Installation price to include basic installation; field measurements surveyed, documented and coordinated; electrical and telecommunication/data in-feed locations are surveyed, documented and coordinated; attend required coordination meetings with purchaser and other contractors; and creation and implementation of punch list by project manager.
Installation & Delivery Services:The service option product discounts include "standard" services only, subject to the conditions listed below. The discounts are "not to exceed" percentages that may be lower as quoted by the servicing dealer dependent on the specific project conditions. Additional charges and services shall be negotiated in advance of the service being performed. - Installation will be performed during normal weekday working hours. - Adequate facilities for delivery, unloading, moving and staging/storing the product during the installation process shall be provided.
List prices include freight within the 48 contiguous United States. Shipments outside of the contiguous United States are shipped freight prepaid to point of embarkation with freight costs beyond that point shipped collect.
Note:1. Drop Ship, price includes product delivery to the site, the purchaser is responsible for unloading.2. Inside Delivery, price includes All deliveries shall be delivered to the site, unloaded and moved
3. Basic Installation, price includes inside delivery, uncrating, assembly, installation, removal of all debris from premises, installation documents and the bill of materials per the purchaser’s approved plan 25 Attachment
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EXHIBIT A ‐ PRICING SHEET
Basic Installation - Normal Hours 3% of List for seating products; 5% of List for all other products (Clinical Casework quoted) Basic Installation - After Hours See rates in option 2 belowExpanded Installation - Normal Hours 5% of List for seating products; 7% of List for all other products (Clinical Casework quoted) Expanded Installation - After Hours See rates in option 2 belowBasic Installation - Normal Hours See fixed % of Discount In Option 1 aboveBasic Installation - After Hours $52.50 - $86.75Expanded Installation - Normal Hours See fixed % of Discount In Option 1 above Expanded Installation - After Hours $52.50 - $86.75 Design $55.00 - $78.75 Project Management $55.00 - $89.25 Asset Management $55.00 - $89.25 Installation/Reconfiguration of existing product $40.00 - $65.00 Strategic Planning Services $100 - $157.50 Occupancy Planning/CAD Drafter $60.00 - $89.25Build-Out Project Mgt. Services $90.00 - $115.50FFE Mgt. Services $90.00 - $115.50Performance Environments To be QuotedRePurpose Program To be Quoted - Herman Miller will work with the customer to determine the best product disposition via our repurpose program
3. FIXED STORAGE RANGE RATE / FT² : $1.50/sq.ft - $1.85/sq.ft
DESCRIPTION AMOUNT OR PERCENTAGE
Customized Pricing for Sole Source Agreements /Committed Volume To Be Negotiated With BuyerProduct Standardization Agreements To Be Negotiated With Buyer Custom pricing agreements with Buyer To Be Negotiated With BuyerCustom Incentives/Rebate agreements with Buyer To Be Negotiated With Buyer
4. INCENTIVES: *Each Incentive listed above would be seperately negotiated with the specific buyer and developed based on the level of commitment, preferred vendor status, product standardization, or other commitments from the buyer.2. OPTION #1 - FIXED PERCENTAGE (%) DISCOUNT ON INSTALLATION SERVICES: OPTION #2 - FIXED HOURLY RATE RANGE FOR INSTALLATION AND OTHER ADDITIONAL SERVICES AND SOLUTIONS:
26 Attachment
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EXHIBIT A ‐ PRICING SHEET
7) Mora, Compass, and CoStruc casework systems installation to be quoted and approved by the buyer prior to performance of the work.
Any additional charges shall be quoted by the dealer and approved by the buyer prior to performance of the work.
NTE = Not To Exceed - Major Metro Markets include large population centers and urban environments. 3) Installation in a clinical/medical environment: NTE 1% - 3.5% of list product value 4) Special restrictions or limits established by local laws, ordinances or the directions of the buyer, including but not limited to restrictions on transportations of materials, street access to the job site and/or dock facilities: NTE 1% - 3.5% of list product value 5) Installations outside of a 50 mile radius of the servicing dealer: NTE 1% - 2% of list product value.6) Local Prevailing Wage and/or Union Labor Rates 8) Living office installation, software, licenses, and subscriptions will be quoted and approved by the buyer prior to performance of work. - The immediate installation area shall be complete and free of debris including the carpet/flooring before installation commences. - Any work requiring a licensed electrician is the responsibility of the buyer. - Travel expenses will be quoted extraAdditional Charges May Apply For:1) Orders of an aggregate quantity of 1 - 10 chairs, desks, files, peds - NTE $300 fee per delivery. 2) Major Metro Markets and any non-ground floor installation: NTE 1% - 3.5% of list product valueInstallation & Delivery Services:The service option product discounts include "standard" services only, subject to the conditions listed below. The discounts are "not to exceed" percentages that may be lower as quoted by the servicing dealer dependent on the specific project conditions. Additional charges and services shall be negotiated in advance of the service being performed. - Installation will be performed during normal weekday working hours. - Adequate facilities for delivery, unloading, moving and staging/storing the product during the installation process shall be provided. - Service work will shall not be hindered by other trades. - Electric, heat, and adequate elevator service will be furnished without charge.Note:1. Drop Ship, price includes product delivery to the site, the purchaser is responsible for unloading.
2. Inside Delivery, price includes All deliveries shall be delivered to the site, unloaded and moved to a designated area in the building. Company is responsible for unloading.
3. Basic Installation, price includes inside delivery, uncrating, assembly, installation, removal of all debris from premises, installation documents and the bill of materials per the purchaser’s approved plan and specifications. 4. Expanded Service Installation price to include basic installation; field measurements surveyed, documented and coordinated; electrical and telecommunication/data in-feed locations are surveyed, documented and coordinated; attend required coordination meetings with purchaser and other contractors; and creation and implementation of punch list by project manager. 27 Attachment
2 459
CONTRACT #: 2020000622
VENDOR #: 308726
EXHIBIT B – SCOPE OF SERVICES
1.1 General Scope.
The City is requesting the broadest selection of Office, Education, Classroom and Miscellaneous Furniture, Installation and Related Products and Services offered. The intent of this RFP is to provide the City and Participating Public Agencies with Products and Services to meet their various needs. Therefore, Companies should have demonstrated experience in providing Products and Services as defined in this RFP, including but not limited to the following:
Systems Furniture: A complete and comprehensive catalog of all systems furniture, lines, and accessories available from the Company;
Freestanding Furniture: A complete and comprehensive catalog of all case goods, furniture, (including folding and mobile) desks, tables, and available from the Company; Seating/Chairs: A complete and comprehensive catalog of office and classroom chairs, tandem seating and other general seating available from the Company; Soft Seating: A complete and comprehensive catalog selection of soft seating for areas such as commons, libraries, waiting areas and open spaces. Products include, but are not limited to, lounge seating, modular linear seating, tables, and accessories; Filing Systems, Storage and Equipment: A complete and comprehensive catalog of filing systems including vertical and lateral files, freestanding file cabinets, bookcases, and equipment and accessories available from the Company; and Related Products, Support Services and Solutions: Related office interior products and design, “Quick Ship”, design and layout, fabric and color design services, installation, systems furniture reconfiguration, assessment tools, and any other related products and services or solutions offered by the Company.
1.2 Product Standards and Guidelines.
All products must be manufactured in compliance with all standards including warning labels and safety devices, guard and equipment required to meet the safety standards recognized by industry safety, councils or organizations to establish safety standards such as Occupational Safety and Health Administration (OSHA), National Fire Protection Association (NFPA), National Institute of Occupational Safety and Health (NIOSH), American National Standards Institute (ANSI), Underwriters Laboratories, Inc. (UL), Environmental Protection Agency (EPA), Business Institutional Furniture Manufacturers Association (BIFMA), etc. If a product proposed requires a Material Safety Data Sheet (MSDS) it must accompany each shipment.
Additionally, applicable products must meet the following specific standards:
• ANSI/HFES and/or BSR/HFES (Human Factors Engineering of Computer Workstations) • CPSIA 1303 or 16 C.F.R 1303 (Ban of Lead-Containing Paint) • ANSI/BIFMA X5.1 (Office Seating), X5.4 (Lounge and Public Seating), X5.5 (Desk Products) X6.1 (Educational Furniture) and e3 (Furniture Sustainability Standard) • California Air Resources Board (CARB) (Formaldehyde Emissions) • California Proposition 65 (Lead and Other Toxic Substances) • California Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation (BHFTI) (Technical Bulletin 117)
All Products offered must be new, unused, latest design and technology unless otherwise specified.
28 Attachment 2
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CONTRACT #: 2020000622
VENDOR #: 308726
1.3 Pricing.
The Company’s firm fixed percentage (%) discount off a manufacturer price list for each category (defined in Section 1.1) for the life of the contract as Exhibit A.
Prices include manufacturer mark up, profit, item cost and storage to allow each customer the ability to calculate and verify discount.
1.3.1 Delivery.
The fixed percentage discount is based on the delivery requirements below:
1.3.1.1 Drop Ship: All deliveries shall be delivered to the site. City or Participating Public Agency is responsible for unloading.
1.3.1.2 Inside Delivery: All deliveries shall be delivered to the site, unloaded and moved to a designated area in the building. Company is responsible for unloading.
1.3.2 Installation.
The fixed percentage discount, fixed hourly rate, or an hourly rate range is based on the installation requirements below:
1.3.2.1 Basic Installation: Basic installation includes inside delivery, uncrating, assembly, installation, removal of all debris from premises, installation documents and the bill of materials per the purchaser’s approved plan and specifications.
1.3.2.2 Expanded Service Installation: Expanded service installation includes basic installation; field measurements surveyed, documented and coordinated; electrical and telecommunication/data in-feed locations are surveyed, documented and coordinated; attend required coordination meetings with purchaser and other contractors; and creation and implementation of punch list by project manager.
1.3.2.3 Normal Hours: Normal hours are defined as 7:00 am – 5:00 pm local time.
1.3.2.4 After Hours: After hours are defined as evenings, weekends and holidays.
1.3.2.5 Pricing for installation and services such as design, project management, asset management, refurbishment, and other services are priced at a fixed percentage discount, fixed hourly rate, or an hourly rate range for City and all Participating Public Agencies and/or by state.
1.3.2.5.1 Design: Company has the capability to recommend and design appropriate layouts to fit the need of the City and Participating Public Agencies.
1.3.2.5.2 Project Management: Company has the ability to provide project management services to help City and Participating Public Agencies complete their projects on-time and within budget.
1.3.3 Storage is priced at a fixed monthly rate range.
1.3.4 Pricing for any additional related products, services and solutions offered are defined in Exhibit A.
All Products provide under this Contract that require assembly and installation should be performed by the Company’s certified installers. All installation work must meet the manufacturer’s specifications and industry standards. Company provided the names and addresses of each certified installer, see Exhibit C – Form 6.
All work must be performed according to the standards established by the terms, specifications, and drawings for each project and meet the manufacturer’s specifications and industry standards. It shall be the obligation of the Installer to obtain clarification from the Project 29 Attachment 2
461
CONTRACT #: 2020000622
VENDOR #: 308726
Coordinator concerning questions or conflicts in the specifications and drawings in a timely manner as to not delay the progress of the work.
1.4 Price Adjustments.
All proposed pricing shall remain firm for the first year of the subsequent Contract through December 31, 2020. Companies may request price adjustments (increases/decreases) for consideration at least sixty (60) days prior to each anniversary of the Contract effective date.
All requests must be submitted in writing to City of Charlotte City Procurement along with documentation of bona fide materials and labor increases for the cost of Products. No adjustment shall be made to compensate a Company for inefficiency in operation or for additional profit. Price decreases shall be accepted at any time during the term of the contract.
1.5 Environmental Purchasing Requirements.
The following are applicable items covered by the City’s Sustainable Purchasing Policy that must be accommodated by the Company:
Product or
Service
Examples Environmental Attributes
Furniture Desks, chairs, tables,
bookshelves
Recycled content, recyclability, end
of life management
Companies provided its environmental attributes in Exhibit C – Form 10.
1.6 New Products and Services.
New Products and Services may be added to the resulting Contract(s) during the term of the Contract by written amendment, to the extent that those Products and Services are within the scope of this RFP and include, but will not be limited to, new Product added to the manufacturer’s list offerings, and services which reflect new technology and improved functionality. All requests are subject to review and approval of the City of Charlotte.
1.7 Safety.
All Companies and installers or subcontractor performing Services for the City of Charlotte and Participating Public Agencies are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety Occupational Health Standards and any other applicable rules and regulations. The Company and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.
1.8 Warranty.
In Exhibit C – Form 4, the Company addressed each of the following:
1.8.1 Applicable warranty and/or guarantees of furniture and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
1.8.2 Warranty period start date. The City of Charlotte desires the warranty start at the time of substantial completion.
1.8.3 Availability of replacement parts.
1.8.4 Life expectancy of furniture under normal use.
1.8.5 Detailed information as to proposed return policy on all furniture. 30 Attachment 2
462
CONTRACT #: 2020000622
VENDOR #: 308726
EXHIBIT C – PROPOSAL RESPONSE FORMS
31 Attachment 2
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Furniture Installation and Related Products and Services | RFP#269-2019-105 Page 45 32 Attachment 2
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Furniture Installation and Related Products and Services | RFP#269-2019-105 Page 49 33 Attachment 2
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34 Attachment
2 466
REQUIRED FORM 4
DELIVERY AND WARRANTY
Delivery: Company must state the normal delivery time (in calendar days) and any options for expediting delivery: To match your particular product and scheduling needs, we offer these lead time options, 10- Day or Less, 20-Day or Less, Assigned, and Emergency Response. Please see “Additional Programs and Services”.
Warranty: Company must detail the following:
a. Applicable warranty and/or guarantees of furniture and installations including any conditions and response time for repair and/or replacement of any components during the warranty period. See full Warranty Statements enclosed.
Response time to service and/or warranty requests are a top priority with your dealer and our Customer Care and Product Services teams. Standard service inquiries are responded to same day or within one business day of notification. Depending upon parts required, Customer Care and Product Services will clearly outline the next steps and time frame for resolution. b. Warranty period start date. The City of Charlotte desires the warranty start at the time of substantial completion. Herman Miller agreed to requirement via email on October 14, 2019.
c. Availability of replacement parts. We want your Herman Miller products to serve your company for a long time, so we design them for easy component replacement while in use and easy disassembly at the end of their useful life. From seating casters and arm pads to work surfaces and replacement tiles, service parts are ordered through and installed by your servicing dealer to protect your investment and ensure your products continue to support your employees for a long time. Replacement parts are warrantied until the original product warranty expires. d. Life expectancy of furniture under normal use. Our products are designed, developed and tested to assure a 12-year life under high-level, multi-shift use. Our products meet, and typically exceed, all industry standards (ANSI, BIFMA, UL, etc.), as well as internally developed requirements that go beyond industry requirements.
a. Detailed information as to proposed return policy on all furniture. All product is manufactured by Herman Miller in the specific size, finish, and fabric requested to meet a specific customer application. Due to the customization and variety of applications, requests to return product, outside of warranty situations, are not typically authorized. Any product returned requires the written authorization from Herman Miller prior to return to ensure proper tracking and assessment.
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Furniture Installation and Related Products and Services | RFP#269-2019-105 Page 13 Proposed Solution
Options® Program
The process begins when you make a request.
We work with you to define the need and
propose a product solution—something we
modify or develop to meet your specific need.
Response is fast; we quote 95 percent of
requests in 24 hours. Prices are reasonable—
on average, about 5 percent more than
standard product. All Herman Miller Options
products carry our comprehensive 12-year,
3-shift warranty.
Vary Easy® Program
Through your dealer, you have nearly limitless
choice in modifying standard products. Dealer
designers can instantly modify any product that
is part of the program and create a 3D image,
CAD symbols, and price book page for it. Lead
times and pricing for Vary Easy products are the
same as for standard products. And Vary Easy
products are covered by our comprehensive 12-
year, 3-shift warranty.
Lead Time Programs for Rapid Shipment
We understand that reliable lead times are a
crucial element in your planning process and
resource allocation. To match your particular
product and scheduling needs, we offer
these options:
• 10-Day or Less: We have the most
comprehensive quick-ship program in the
industry—and with no quick-ship surcharges.
Products available in 10 days or less include
a broad vocabulary of standard systems,
seating, tables, and filing / storage.
• 20-Day or Less: Includes the full breadth of
Herman Miller standard products.
• Assigned: For customized products.
Lead times are assigned based on the
requirements of each order.
• Emergency Response: This program ships
products that are holding up installation
within 24 hours.
Furniture Disposal Programs
Through our furniture disposal solution, your
no longer needed assets can be donated to
charitable organizations. The purpose of the
rePurpose program is to keep used furniture out
of landfills. But it does so much more than that.
In some cases, fees may apply when disposing
furniture. Your Herman Miller and local dealer
partner will advise on the best strategy and
program for individual agency circumstances .
Additional Programs and Services (continued)
36 Attachment 2
468
Our warranty covers everything—including electrical components, casters, pneumatic cylinders, tilts, and all moving mechanisms.
It recognizes the changing nature of work and the need for products that can stand up to continuous use.
And it means that when warranty work is performed in the U.S. and Canada, Herman Miller foots the bill.
At Herman Miller, we work for a better world around you. Our products— and our promise to stand behind their quality 100 percent—are designed to improve your environment whether it’s an office, hospital, school, home, an entire building, or the world at large.
A warranty is a promise.
Here’s ours: 12 years, 3 shifts, labor included
37 Attachment 2
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Herman Miller Products
5 years
Herman Miller Collection products; C-style flipper door unit with lift-assisted mechanism; Connect™ power and data; Cubert®, Flute™, and Tone™ personal task lights; Eames Tables power modules, Exclave®
whiteboards, tackboards,
and accessories; Flo®
power hub; Formwork® and Ubi™ liners; Keyless Locks;
Logic Power Access Solutions™; Logic Reach; Mbrace wall-mounted technology; Ode® lamps; Overlay™ Trellis and Linear light; Procedure/Supply Carts keyless lock bars; Tabetha Tablet Mount, Twist™ LED task light; Ubi USB power module 3 years
Herman Miller Collection outdoor products; Compass™ system faucet 2 years
Logic Micro Tower; Magis and Mattiazzi branded products from the date of purchase by the original purchaser
1 year
Formwork stackable desktop storage; Nelson™ Bubble Lamps® None
Beware of Imitations poster; Exclave eco boards; Girard throw; Maharam Memory 3 game; Maharam pillows; Textiles & Objects poster Herman Miller Materials
5 years
Herman Miller proprietary fabrics applied to seating products (exceptions covered under 12-year warranty include: Ace, AireWeave™ 2, Aristo, Balance, Bingo, Crepe, Dex, Epic, FLEXNET™, Intercept, Leather, Lyris 2™, MCL Leather, Marvel, Mercer, Monologue, 8Z Pellicle®, Rhythm, Strata, and Whisper); Sayl®
knit back cover
1 year
Herman Miller Design on Textile (DOT™) and Customer’s Own Image (COI) Parts and Components
5 years
Electronic ballasts used in task lighting; keyless lock on Compass; mechanical components (drive shaft, motor, etc.) on Locale®
height-adjustable surface;
mechanical and electrical components on Motia®
sit-to-stand tables, Nevi™ sitto-stand tables, and Nevi Link; Renew™ sit-to-stand pneumatic counterbalance and crank mechanism; power leg access option on Renew sit-to-stand tables 3 years
All service parts; electric motors for Co/Struc®
height-adjustable tables
2 years
Electrical components (switch, control box, etc.) on Locale heightadjustable surface 1 year
Compass system faucet sensors and control box
6 months
All other products, parts, and any services not listed above, sold or furnished by Herman Miller or its subsidiaries, except for consumable products such as batteries, dry-erase markers, erasers, light bulbs, fans, and other electronic products for which no warranty is given Other Manufacturers’ Products
Herman Miller does not warrant other manufacturers’ product but will pass through to the original purchaser any warranty supplied by other manufacturers to the extent possible, including, but not limited to, open-line laminates.
All products sold under the Herman Miller brand, including Herman Miller Healthcare products, Geiger®
products, Eames® aluminum group, Eames
Soft PadTM group, Eames executive chairs, and Eames tables, are backed by our 12-year, 3-shift warranty, except as limited or described below.
Warranty information for Nemschoff products can be found by visiting nemschoff.com/customer-care/warranty. Warranty information for Maharam®
textiles can be found by visiting maharam.com/site/terms. 38 Attachment 2
470
Provisions that apply to all Herman Miller-branded
products and services:
Herman Miller, Inc. (“Herman Miller”), 855 East Main Avenue, PO Box 302, Zeeland, Michigan 49464-0302, USA, warrants the products sold by it and its subsidiaries to be free from defects in material and workmanship, regardless of the number of shifts during which the products are used, for the warranty periods specified.
This limited warranty covers the sale of Herman Miller product in all countries. Not all of the product lines appearing on this list are marketed by Herman Miller in all countries, and appearance on this list does not imply an offer for sale of a product line in a particular place. Product line availability is defined in current price lists applicable to different regions.
During the applicable warranty period, Herman Miller, as its sole obligation, will repair or replace (at its option) any product, part, or component covered by this warranty and sold after the effective date of this warranty, which fails under normal use as a result of a defect in material or workmanship.
Herman Miller will repair or replace the aforementioned product, part, or component with a comparable product, part, or component.
This warranty extends only to the original purchasers who acquire new product from Herman Miller, its subsidiaries, or its authorized resellers. Any product, part, or component must have been used according to Herman Miller’s published instructions and installed and maintained by a Herman Miller factory-trained technician or an authorized Herman Miller dealer installer. If these requirements are met, warranty coverage will be extended.
Any misuse, abuse, or modification to the original product voids the warranty. Herman Miller does not warrant the performance of the product when used in combination with other than original Herman Miller product.
Limited warranty only covers Herman Miller provided products, components, and related repair work performed by Herman Miller authorized dealers.
The warranty period starts from the date of purchase.
This document inclusively describes all of the warranties given and remedies available with respect to the company’s products and services.
Herman Miller and its subsidiaries disclaim any other warranty whether express or implied, statutory or otherwise, in relation to the products.
Herman Miller does not warrant:
• natural variations in wood grain or figure or the presence of character marks • changes in surface finishes, including colorfastness, due to aging, exposure to light or direct sunlight
• marks, scars, or wrinkles occurring naturally in leather • veins, marks, voids, fissures, or cracks found naturally in stone • failure resulting from normal wear and tear
• pilling of textiles
• matching of colors, grains, or textures of natural materials • colorfastness or the matching of colors of textiles or surface finishes, including an exact match to cuttings, samples, or swatch cards • damage, marking, or staining of veneer surfaces due to contact with rubber or similar compounds; damage from sharp objects or imprinting from writing instruments
• changes in the decibel level of motors or mechanisms utilized in heightadjustable products • damage or marking of materials or abrading of textiles over time caused by sharp or foreign objects
• discoloration of textiles and surface materials due to soiling, stains, or dye transfer from clothing, including denim
Herman Miller tests Customer’s Own Material (COM) and other customersupplied items for manufacturing quality only and does not provide any warranty with regard to these materials.
Herman Miller does not warrant products that are exposed to extreme environmental conditions or that have been subject to improper storage.
TO THE EXTENT ALLOWED BY LAW, ANY IMPLIED WARRANTIES,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, ARE DISCLAIMED AND TO
THE EXTENT THEY ARE LEGALLY REQUIRED, ARE LIMITED IN
DURATION TO THE DURATION OF THIS WRITTEN WARRANTY.
HERMAN MILLER SHALL NOT BE LIABLE FOR LOSS OF TIME,
INCONVENIENCE, COMMERCIAL LOSS, OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES.
Applies in US only: Some states do not allow limitations on how long an implied warranty lasts or do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions in the two preceding paragraphs may not apply. This warranty gives the purchaser specific legal rights; however, the purchaser may also have other rights that may vary from state to state.
Applies outside US: Except as stated above, Herman Miller will not be liable for any loss or damage (including costs) however caused, whether direct or consequential, incurred or suffered by the purchaser or any third party in respect of the products, but nothing contained herein will or will be considered to exclude or restrict any liability on Herman Miller’s part for death or personal injury resulting from negligence.
Effective April 2019
For more information about our products and services or to see a list of dealers, please visit us at hermanmiller.com or call (888) 443 4357. © 2019 Herman Miller, Inc., Zeeland, Michigan
® Y, Herman Miller, Bubble Lamps, Co/Struc, Cubert, Eames, Exclave, Flo, Formwork, Geiger, Locale, Maharam, Motia, Ode, Pellicle, and Sayl are among the registered trademarks of Herman Miller, Inc., and its owned subsidiaries.
™ AireWeave, Compass, Connect, DOT, Eames Soft Pad, FLEXNET, Flute, Lyris 2, Nelson, Nevi, Overlay, Renew, Tone, Twist, and Ubi are among the trademarks of Herman Miller, Inc., and its owned subsidiaries.
39 Attachment 2
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Geiger, 6095 Fulton Industrial Blvd., SW, Atlanta, GA 30336, USA, warrants the products sold by it to be free from defects in material and workmanship, regardless of the number of shifts during which the products are used, for the warranty periods specified below.
This warranty covers the sale of Geiger product in all countries.
Not all of the product lines appearing on this list are marketed by Geiger in all countries, and appearance on this list does not imply an offer for sale of a product line in a particular place. Product line availability is defined in current price lists applicable to different regions.
Geiger Commercial Office Furniture Products
12 years
All products sold under the Geiger® brand names, except as limited or described below.
Geiger Textile Alliance Program SM Fabrics
3 years
Includes, but is not limited to Edelman Leather, Geiger, Herman Miller, Maharam, and Place fabrics.
Nonstandard Products
1 – 5 years
Warranty length on nonstandard products not covered by the 12- year warranty is identified on individual product quotes.
All Other Products, Parts and Services
2 years
Height adjustable bases (electrical parts).
5 years
Height adjustable bases (mechanical parts). Task light electronic ballasts.
3 years
All service parts.
6 months
All other products, parts, and any services not listed above, sold or furnished by Geiger, except for consumable products such as light bulbs and other electronic products for which no warranty is given.
None
For other manufacturers’ products, Geiger will pass through to the original purchaser any warranty supplied by other manufacturers to the extent possible, including, but not limited to, open line laminates.
Provisions that apply to all products and services:
During the applicable warranty period, Geiger, as its sole obligation, will repair or replace (at its option) any product, part, or component covered by this warranty and sold after the effective date of this warranty, which fails under normal use as a result of a defect in material or workmanship; Geiger will repair or replace the aforementioned product, part, or component with a comparable product, part, or component.
This warranty extends only to the original purchasers who acquire new product from Geiger, or its authorized resellers. Any product, part, or component must have been installed, used, and maintained according to Geiger’s published instructions in order to be eligible for coverage under this warranty and must not have been subject to misuse or abuse. Any modification to the original product voids the warranty. Geiger does not warrant the performance of the product when used in combination with other than original Geiger product.
The warranty period starts from the date of purchase. This document inclusively describes all of the warranties given and remedies available with respect to the company’s products and services.
Geiger disclaims any other warranty whether express or implied, statutory or otherwise, in relation to the products.
Geiger Warranty
40 Attachment 2
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Geiger does not warrant:
• natural variations in wood grain or figure or the presence of character marks
• changes in surface finishes due to aging or exposure to light • marks, scars, or wrinkles occurring naturally in leather • veins, marks, voids, fissures, or cracks found naturally in stone
In addition, Geiger does not warrant:
• failure resulting from normal wear and tear
• the matching of colors, grains, or textures of natural materials • the colorfastness or the matching of colors of textiles, including an exact match to cuttings or to swatch card
• damage, marking, or staining of veneer surfaces due to contact with rubber or similar compounds
• damage from sharp objects or imprinting from writing
instruments, or
• prolonged exposure to direct sunlight
Geiger tests Customer’s Own Material (COM) and other customersupplied items for manufacturing quality only and does not provide any warranty with regard to these materials. Geiger does not warrant products that are exposed to extreme environmental conditions or that have been subject to improper storage.
Geiger’s products meet the requirements of the price books and other written publications.
TO THE EXTENT ALLOWED BY LAW, ANY IMPLIED WARRANTIES,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, ARE DISCLAIMED AND TO THE
EXTENT THEY ARE LEGALLY REQUIRED, ARE LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY.
GEIGER SHALL NOT BE LIABLE FOR LOSS OF TIME,
INCONVENIENCE, COMMERCIAL LOSS, OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES.
Applies outside US: Except as stated above, Geiger will not be liable for any loss or damage (including costs) however caused, whether direct or consequential, incurred or suffered by the purchaser or any third party in respect of the products but nothing contained herein will or will be considered to exclude or restrict any liability on Geiger’s part for death or personal injury resulting from negligence.
Geiger Warranty (continued)
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800 203 8916 Phone
920 471 0292 Fax
nemschoff.com
2218 Julson Court
Sheboygan, WI 53082
A Herman Miller Company
©2019 Nemschoff, Inc.
v6 06.2019
Limited Lifetime Warranty
Seller warrants the products it manufactures against defects of material and workmanship under normal use and service for the useful life* of the product from the date of shipment provided that the product is in use by the original owner and has been used only for the original purpose. This warranty is void in cases of damage in transit, negligence, user modification, abuse, abnormal usage, improper use of cleaning chemicals, misuse, accidents and improper maintenance.
As Buyer’s sole remedy under the warranty, Nemschoff, at its option, will repair or replace defective parts at no charge to the original owner of record. Nemschoff will pay freight charges provided that the replacement or return has previously been authorized by the company under the terms of this warranty. Normal aging and wear of fabrics, filling materials, mechanisms, mechanical components and finishes are exempt from this warranty.
With proper use and maintenance, the limitations of our warranty are as follows:
10 years for all mechanisms and mechanical components of Serenity®, Prísto®, Consoul™, Leonard, and Ava® Recliners
12 years for all mechanisms and mechanical components of Nala and Centé® Patient Chairs 5 years for all other mechanisms and mechanical components 5 years for Overbed Tables, Physician and Caregiver Stools 5 years for lighting
5 years on Nemschoff Performance Fabric (NPF)
1 year for electrical outlets
1 year for Privacy Panels (Palisade)
1 year for Resin panel (Terra™ for Treatment Areas)
Graded-in fabrics follow the warranty of the textile manufacturer–please reference specific manufacturer's website Customers Own Material (COM) is not covered under warranty THERE IS NO OTHER EXPRESS WARRANTY. SELLER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE INDICATED BY BUYER TO SELLER.
There are no representations as to the capacity or performance of the products sold hereunder except as set forth in the quotation specifications, if any, and such representations are expressly conditioned upon the correctness of the data furnished by Buyer and upon the products being properly installed and maintained.
IT IS EXPRESSLY AGREED THAT THIS REMEDY OF REPAIR, REPLACEMENT OR CREDIT, AT THE SELLER’S OPTION, IS BUYERS EXCLUSIVE REMEDY UNDER THIS WARRANTY. IN NO EVENT SHALL SELLER BE LIABLE FOR CONSEQUENTIAL DAMAGES. 1 of 2
42 Attachment 2
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800 203 8916 Phone
920 471 0292 Fax
nemschoff.com
2218 Julson Court
Sheboygan, WI 53082
A Herman Miller Company
©2019 Nemschoff, Inc.
v6 06.2019
On equipment furnished by Seller, but manufactured by others, the written warranty, if any, of the manufacturer will be assigned to Buyer. However, Seller does not adopt, and does not guarantee or represent that manufacturer will comply with any of the terms of the warranty of such manufacturer.
Seller warrants woven and non-woven upholstery on the NPF program when applied to Seller's products. Warranty covers defects of material and workmanship under normal use and service for five (5) years from the date of shipment.
This warranty applies only to the original owner and the original use of the product. This warranty is void in cases of damage in transit, negligence, abuse, abnormal usage, misuse, accidents, and improper cleaning and maintenance.
Normal aging and wear of woven and non-woven upholstery are exempt from this warranty. As Buyer's sole remedy under the warranty, Nemschoff, as its option, will repair or replace the material at no charge to the original owner of record. If the material is no longer in manufacture, one of comparable value will be substituted for you. Nemschoff will pay freight charges, provided that the replacement or return has been previously authorized by the company under the terms of this warranty.
Expenses incurred by Buyer in repairing or replacing Seller’s product will not be allowed except by written permission of Seller.
Seller, in its manufacture and sale of these products, will assume no liability as to possible infringement of patents or copyrights by virtue of the use of said products in combination with other elements or structures, or when manufactured to Buyer’s specifications.
* Useful life, as defined by industry standards, is 12 years. 2 of 2
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Click to edit Master subtitle style
7 years
naughtone warrants to the original
purchaser that its products are free
from defects in materials and
workmanship for a period of 7
years from date of delivery, except
as noted below. This warranty
applies to single shift (standard 8-
hour day, 5 days per week) use.
Exceptions
5 years
Stacking chairs, metal chair
frames, seating components
including adjustment mechanisms,
height adjustment mechanisms
and pneumatic cylinders, monitor
supports and tablet arm
assembles, wood veneer and low
pressure laminate (LPL) surfaces,
urethane and wood edge
treatments, upholstery/ tailoring
and exposed wood frames.
Fabric
naughtone offers no warranty,
either implied or expressed, on any
fabrics or leathers used on our
products. Fabrics and leathers
carry warranties from the fabric
manufacturer or reseller. Please
refer to each reseller’s warranties
before specifying. Because every
fabric specification is different and
application for use must be taken
into consideration, naughtone shall
not be held responsible in any
manner for wrong specification of
fabric for tailoring, wear, durability,
or light fastness.
Limitations and Exceptions
A) General
The warranties set out in Part 1 of
Schedule 1:
• Provide coverage to the
Customer only;
• Do not apply to (i) merchandise
that was at any time, used as a
floor sample or display mode,
(ii) any merchandise purchase
“as is” or second-hand, (iii) any
merchandise purchased at a
distress sale or a ‘going out-of
business sale, or (iv) any
merchandise purchased from a
liquidator.
The Product Tolerances set out in
Schedule 2 shall apply. Products
shall not be deemed to be in
breach of warranty, or otherwise
defective, by reason of an issue
that is covered in Schedule 2.
All warranties, whether express or
implied, cover only normal usage.
No warranty, express of implied,
applies to any Product condition
resulting from misuse, abuse,
delivery or transportation damage,
nor any Product condition resulting
from incorrect or inadequate
maintenance, cleaning or care.
Warranty is null and void if
furniture has been moved from
original points of delivery to
consumer.
Warranty information
Schedule 1
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REVISED OCTOBER 2018 A DIVISION OF DESIGN WITHIN REACH | DWRCONTRACT.COM | 1.800.591.6965 Warranty
Coverage
All products sold by Design Within Reach, Inc., through its contract channel (“DWRC”) are warrantied to be free of defects in material and workmanship appearing within 3 years from the date of purchase, except as otherwise described below. All HAY products sold through the DWRC channel are warrantied to be free of defects in material and workmanship appearing within 2 years from the date of purchase. This warranty is extended only to the original purchaser from DWRC or its authorized reseller, for commercial or institutional use. During the warranty period, as its sole responsibility and as the purchaser’s sole remedy under this warranty, DWRC will provide one of the following remedies, chosen by DWRC in its sole discretion: (a) repair the defective products, (b) replace the defective products with comparable products or (c) refund the purchase price of the defective products.
Other Warranties
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
Exclusions
This warranty is not extended to purchasers for personal, family or household use, and it does not cover any of the following:
» Misuse, abuse or modification of the original product » Any product, part or component that has not been used according to applicable published manufacturer instructions (and installed and maintained by a DWRC-designated factory-trained technician or dealer installer) » Natural variations in wood grain or figure or presence of character marks » Changes in surface finishes, including colorfastness, due to aging or exposure to light » Marks, scars or wrinkles occurring naturally in leather » Veins, marks, voids, fissures or cracks found naturally in stone » Failure resulting from normal wear and tear
» Pilling of textiles
» Matching of colors, grains or textures of natural materials » Colorfastness or matching of colors of textiles or surface finishes, including an exact match to cuttings, samples or swatch cards
» Damage, marking or staining of veneer surfaces due to contact with rubber or similar compounds, sharp objects or writing instruments
» Changes in the decibel level of motors or mechanisms used in height-adjustable products » Damage or marking of materials or abrading of textiles over time caused by sharp or foreign objects » Discoloration of textiles and surface materials due to soiling, stains or dye transfer from clothing, including denim » Products that have been exposed to extreme environmental conditions or that have been improperly stored Limitation of Liability
DWRC WILL NOT BE SUBJECT TO ANY OBLIGATIONS OR LIABILITIES OTHER THAN THOSE SET FORTH IN THIS
DOCUMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY OR TORT (INCLUDING NEGLIGENCE
AND STRICT LIABILITY), OR UNDER OTHER THEORIES OF LAW OR EQUITY, WITH RESPECT TO ITS PRODUCTS,
OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND IN NO EVENT WILL DWRC BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR CONTINGENT DAMAGES WHATSOEVER. Without limiting the generality of the foregoing, DWRC specifically disclaims any liability for penalties, special damages, damages for lost profits or revenues, downtime, lost good will, cost of capital, cost of substitute goods or services or any other types of economic loss. 45 Attachment 2
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46 Attachment 2
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2-year warrenty
Nine United Denmark A/S designs and manufactures furniture under the trademark HAY. All products are manufactured in accordance with the highest standards and to meet our high standards in quality and production and a 2-year warrenty is given.
The 2-year warrenty covers materials and/or workmanship on frame or upholstery. The guarantee is valid from the date on the original invoice.
The warrenty does not apply in the following situations:
/ if the products has been stored or assembled wrongly. / if the product has been abused or misused, altered or cleaned using wrong cleaning methods.
/ damage due to normal wear and tear, cuts or scratches, or damage caused by impact or accidents.
/ if the product has been placed outdoors or in a humid environment. / in cases of consequential or incidental damage.
Nine United Denmark A/S is dedicated to the design and production of of durable furniture designed to last. We put great effort into choosing materials focusing on hard wearing qualities to help us secure the long life span of the product.
Nine United Denmark A/S reserves the right to alter or stop the production of selected items without prior notice.
The warrenty is valid from January 1, 2015.
Nine United Denmark A/S Havnen 1 8700 Horsens Denmark / www.hay.dk / +45 4282 0282 HAY
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50 Attachment 2
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FURNITURE, INSTALLATION AND RELATED PRODUCTS AND SERVICES RFP# 269-2019-105 JUNE 19, 2019
Reggie McKenzie
Industrial Materials Supplier M
Supply Source Options
LLC Supplier M
Ventura Manufacturing Supplier M
Gill Industries Supplier W
H&H Metal Source Inc Supplier W
Proos Manufacturing Supplier W
Soundtech Inc Supplier W
Nuvar Inc Supplier W
Total MBE Utilization 0 %
Total WBE Utilization 10 %
Total SBE Utilization 0 %
Total MWSBE Utilization 10 %
Representative (signed): ________________________________________________________ _______________ _____________________________
Date Representative Name
9/26/2019 Kavy Lenon
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REQUIRED FORM 6
Provide the names and addresses of each certified installer/subcontractor by geographical area.
In North America, U.S. Territories and Outlying Areas, Herman Miller products are distributed through a network of over 110 Authorized and Certified Dealers, with almost 230 locations. They provide both products and services and are committed to meeting our quality standards. You can see a list of Herman Miller dealers in your area by visiting www.hermanmiller.com/dealers. 53 Attachment 2
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FURNITURE, INSTALLATION AND RELATED PRODUCTS AND SERVICES RFP# 269-2019-105 JUNE 19, 2019
REQUIRED FORM 10 – ENVIRONMENTAL PURCHASING RESPONSES
RFP # 269-2019-105
FURNITURE, INSTALLATION AND RELATED PRODUCTS AND SERVICES Companies shall complete and submit the form below regarding the products or supplies required to perform the Services.
Question Response
Recycled Content.
Products must contain a certain percentage
of recycled content. Please include the
amount of recycled content, both pre- and
post-consumer, included in your product.
Herman Miller’s Design for Environment protocol
focuses on maintaining our high standards while
incorporating increasingly more environmentally
sustainable materials into our new product designs.
Our goal is to maximize the amount of recycled
content and recyclability of a product at the end of
its useful life.
For more information on recycled content for
products, please refer to please refer to the
“Environmental Calculator” (ecomedes) on our
website: hermanmiller.ecomedes.com.
Recyclability.
Please include the types of materials
included in your product, and if they are
considered recyclable in typical municipal
recycling streams.
For recyclability percentages of specific products,
please refer to please refer to the “Environmental
Calculator” (ecomedes) on our website:
hermanmiller.ecomedes.com.
Biodegradability.
Products must be capable of decomposing
under natural conditions. Please state
whether each Product offered in your
proposal is biodegradable.
Our products are not biodegradable.
Compostability.
Products must be capable of composting at
a commercial composting facility. Please
state whether each product offered in your
proposal is compostable.
Not Applicable to our products.
For many years, we have reported to the EPA
WasteWise program with a focus on diverting
materials from a landfill----including composting.
Our most current 2019 reporting indicated 387.75
tons (775,504 pounds) of material composted. This
includes paper towels from bathrooms along with
utensils/plates/food waste from our on-site
cafeterias.
Energy Consumption.
Please include the total amount of energy
consumed for product or service
manufacture, use and disposal. Different
sources of energy are associated with
different environmental impacts.
We use processes that eliminate waste from our
facilities, borrow the water we need and manage it
well, reduce energy intensity, and use renewable
forms of energy.
In FY2017, Herman Miller consumed 96,600
Megawatt hours or $42.2 Megawatt hours/$ million
sales
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FURNITURE, INSTALLATION AND RELATED PRODUCTS AND SERVICES RFP# 269-2019-105 JUNE 19, 2019
Energy Efficiency.
Products must meet or exceed the
Department of Energy (DOE) and
Environmental Protection Agency criteria
for use of the ENERGY STAR trademark
label; or is in the upper 25% of efficiency
for all similar products as designated by the
U.S. Department of Energy’s Federal
Energy Management Program.
Not Applicable to our products.
Water Efficiency.
Eligible products must meet or exceed the
Environmental Protection Agency’s
WaterSense program or be water-efficient
or low-flow fixtures.
Not Applicable to our products.
Low VOCs.
Products should contain low or no volatile
organic compounds (VOCs). Please
indicate any VOC content in each
applicable product offered in your
proposal.
For VOC content information of specific products,
please refer to please refer to the “Environmental
Calculator” (ecomedes) on our website:
hermanmiller.ecomedes.com.
Reduced Packaging.
Please include any efforts made to reduce
the packaging of the products included in
this proposal.
Larger scale domestic orders allow the use of
minimal packaging, such as bulk packaging and
blanket wrapping. Bulk packaging examples include
stretch wrapping up to 40 worksurfaces or screens to
a pallet, thus eliminating an individual box and
multiple pieces of protective foam for each product.
Another common bulk pack example includes
placing up to 48 pieces of cladding in a single box
with pallet truck access and a “zip-line” opening to
allow easy access at the point of delivery.
Blanket wrapping typically involves seating and
metal storage products. In this scenario we wrap
products in reusable blankets and ship them directly
from the plant to the installation site. The transit
company brings the blankets back to Herman Miller
for a closed-loop packaging reuse system. Bulk
packaging and blanket wrapping not only eliminate
the need for corrugated boxes, foams and plastics,
but typically increase unloading time by 25% or
more, with similar savings in disposal reduction and
transit efficiency.
Pollution Prevention.
Please state your company’s policy on
source reduction. The Pollution Prevention
Act defines source reduction to mean any
practice that: (1) Reduces the amount of
any hazardous substance, pollutant or
contaminant entering any waste stream or
Herman Miller Safety and Sustainability Policy
At Herman Miller, we approach safety and
sustainability two ways.
From the top down, we set goals for safety and
sustainability and make performance to these goals
part of our CEO’s scorecard.
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FURNITURE, INSTALLATION AND RELATED PRODUCTS AND SERVICES RFP# 269-2019-105 JUNE 19, 2019
otherwise released into the environment
(including fugitive emissions) prior to
recycling, treatment or disposal, and (2)
Reduces the hazards to public health and
the environment associated with the release
of such substances, pollutants or
contaminants. The term includes:
equipment or technology modifications,
process or procedure modifications,
reformulation or redesign of products,
substitution of raw materials, and
improvements in housekeeping,
maintenance, training or inventory control.
From the bottom up, we empower people with a
passion for wellness and responsibility to lead by
example and through organized programs.
These approaches meet in the middle, always striving
to improve through commitments to:
Living, Working, and Being Safe
Promoting safety knowledge, well-being both at
work and at home, and the prevention of injuries
and ill health.
Being Resource Smart
Acting on the prevention of pollution, the
elimination of all forms of waste, and the efficient
use of all resources.
Being Eco Inspired
Advocating for better, more sustainable products
with safer material chemistry.
Being Community Driven
Sharing best practices with all stakeholders and
going beyond compliance with regulations and other
requirements.
Life Cycle Management.
Please state how many times your product
may be reused. (Since reusable products
generally require more upfront costs than
disposable products, they are often
subjected to a cost/benefit analysis in order
to determine the life cycle cost).
As part of our Design for the Environment process,
life cycle impacts are considered when making
material choices. Additionally, full life cycle
assessments (LCAs) have been conducted for major
product categories/product lines.
Herman Miller has been using LCAs since 2006 to
identify the potential environmental impacts of our
products. We perform life cycle analysis specifically
according to ISO documents 14040 and 14044 and
we conform to the most recent respective Product
Category Rules for Environmental Product
Declarations (EPDs). EPDs are now available for the
majority of our performance seating products.
End of Life Management.
Will the manufacturer or designee accept
the product back at the end-of-life? (who
pays for the transportation of the product
may be situation-specific).
The Herman Miller rePurpose program is an
industry-leading resource for managing surplus
corporate assets, including furniture, equipment, and
supplies. By employing a thoughtful combination of
resale, recycling, and donation on each project,
rePurpose ensures assets reach their best destination.
The rePurpose program is a single-source approach,
which saves time and money, eliminates liability,
and keeps 99 percent of product out of landfills. Fees
for rePurpose vary based on size and scope.
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CONTRACT #: 2020000622
VENDOR #: 308726
EXHIBIT D – FEDERAL CONTRACT TERMS AND CONDITIONS
This Exhibit is attached and incorporated into the Furniture, Installation, and Related Products and Services (the “Contract") between the City of Charlotte and Herman Miller, Inc. (the “Company”). Capitalized terms not defined in this Exhibit shall have the meanings assigned to such terms in the Contract. In the event of a conflict between this Exhibit and the terms of the main body of the Contract or any other exhibit or appendix, the terms of this Exhibit shall govern.
1. Debarment and Suspension. The Company represents and warrants that, as of the Effective Date of the Contract, neither the Company nor any subcontractor or subconsultant performing work under this Contract (at any tier) is included on the federally debarred bidder’s list listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” If at any point during the Contract term the Company or any subcontractor or subconsultant performing work at any tier is included on the federally debarred bidder’s list, the Company shall notify the City immediately. The Company’s completed Form 8 – Vendor Debarment Certification is incorporated herein as Form D.1 below.
2. Record Retention. The Company certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The Company further certifies that it will retain all records as required by 2 CFR § 200.333 for a period of three (3) years after it receives City notice that the City has submitted final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
3. Procurement of Recovered Materials. The Company represents and warrants that in its performance under the Contract, the Company shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
4. Clean Air Act and Federal Water Pollution Control Act. The Company agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
5. Energy Efficiency. The Company certifies that the Company will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The Company certifies that:
6.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Company, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal Loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of and Federal contract, grant, loan, or cooperative agreement.
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CONTRACT #: 2020000622
VENDOR #: 308726
6.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Company shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96)].
6.3. The Company shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
6.4. The Company’s completed Form 9 –Byrd Anti-Lobbying Certification is incorporated herein as Form D.2 below.
7. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). If the Contract is in excess of $100,000 and involves the employment of mechanics or laborers, the Company must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the Company is required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or purchases of transportation or transmission of intelligence.
8. Right to Inventions. If the federal award is a “funding agreement” under 37 CFR 401.2 and the City wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment of performance or experimental, developmental or research work thereunder, the City must comply with 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
9. DHS Seal, Logo, and Flags. The Company shall not use the Department of Homeland Security (“DHS”) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
10. The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the City, Company, or any other party pertaining to any matter resulting from the Contract.
11. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). In its performance under the Contract, the Company shall comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, the Company is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Company is required to pay wages not less than once a week.
12. Copeland “Anti-Kickback” Act (40 U.S.C. 3145). In its performance under the Contract, the Company shall comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that the Company is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
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CONTRACT #: 2020000622
VENDOR #: 308726
13. Equal Employment Opportunity. In its performance under the Contract, the Company shall comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 59 Attachment 2
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STAFF REPORT
CITY COUNCIL
Agenda Item 4.13
DATE: June 6, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement with the County of Alameda for Fiscal Year 2023-24 for Additional Library Services
Prepared by: Jackie Dwyer, Parks & Community Services Director EXECUTIVE SUMMARY:
The City Council will consider approving an agreement with the County of Alameda to provide 23 hours of library services per week at the Dublin Public Library for Fiscal Year 2023-24. These hours are in addition to the County’s base service level of 28 hours per week. There is no change in the number of hours from the Fiscal Year 2022-23 Agreement.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with the County of Alameda for Additional Library Services for Fiscal Year 2023-24.
FINANCIAL IMPACT:
The City’s cost to fund 23 additional operating hours of library services during Fiscal Year 2023- 24 is $638,400. This amount has been included in the Fiscal Year 2023-24 Budget.
DESCRIPTION:
Through an operational agreement executed in October 2002, the County of Alameda operates library-related activities in the Dublin Library building. It also provides equipment related to the general operation of the Library while the City owns and maintains the building. On an annual basis, the City and County enter into an agreement for operational hours.
The County of Alameda provides a base service level of 28 weekly operating hours. The City of Dublin has consistently provided funding to the County of Alameda to extend the number of hours the Library is open to the public. As proposed, the City would continue to provide funding for an additional 23 operating hours per week, excluding County-observed holidays, for a total of 51 495
operating hours per week. This number of hours has remained the same since Fiscal Year 2016-
17. During Fiscal Years 2019-20 and 2020-21, the City’s actual costs were reduced in proportion to the reduction of operating hours available to the public due to the COVID-19 pandemic, and the County of Alameda opted to waive the typical annual increase of 5 percent. The Library returned to its regular operating hours on September 19, 2021, and has operated at 51 hours per week since then.
The Library adjusts its funding request as needed to account for changes related to staffing and operational costs. For Fiscal Year 2023-2024, there is no increase anticipated from Fiscal Year 2022-2023. The table below provides a five-year history of City funding levels for additional Library services.
Table 1: FIVE-YEAR HISTORY OF ADDITIONAL HOURS AND FUNDING LEVEL Fiscal Year Number of Hours Funding Level Actual Funding 2022-2023 23 $638,400 $638,400
2021-2022 23 $608,932 $570,874
2020-2021 23 $608,932 $494,757
2019-2020 23 $608,932 $456,699
2018-2019 23 $579,936 $579,936
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving an Agreement with the County of Alameda for Additional Library Services for Fiscal Year 2023-24
2) Exhibit A to the Resolution – Agreement Between the City of Dublin and the County of Alameda for Additional Library Services for Fiscal Year 2023-24 496
Attachment 1
Reso. No. XX-23, Item X.X, Adopted 06/06/2023 Page 1 of 1 RESOLUTION NO. XX – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES FOR FISCAL YEAR 2023-24
WHEREAS, the County of Alameda provides funding for a base level of 28 hours of service per week for Library Services, excluding County-observed holidays, at the Dublin Branch of the Alameda County Library system; and
WHEREAS, the City of Dublin proposes to fund an additional 23 hours of service a week in the amount of $638,400 for Fiscal Year 2023-24, excluding County-observed holidays, for a total of 51 open hours per week; and
WHEREAS, funding will be appropriated in the Fiscal Year 2023-24 Budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Agreement with the County of Alameda for Additional Library Services for Fiscal Year 2023-24, attached hereto as Exhibit A.
PASSED, APPROVED AND ADOPTED this 6th day of June 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Attachment 2
Exhibit A to the Resolution
AGREEMENT BETWEEN THE
CITY OF DUBLIN
AND
COUNTY OF ALAMEDA
FOR
ADDITIONAL LIBRARY SERVICES
FISCAL YEAR 2023-24
The County of Alameda and the City of Dublin enter into this Agreement as Follows:
WHEREAS, current funding levels for County Library services limit the number of open hours per week at the Dublin Branch of the Alameda County Library system; and WHEREAS, the citizens of Dublin wish to have the Dublin Branch Library open more than the County-funded hours per week; and
WHEREAS, the Dublin City Council has authorized funding for the increases in staffing and utility costs required to open the Dublin Branch an average of 23 additional hours per week for a total of 51 open hours per week: therefore,
The City of Dublin and the County of Alameda agree to provide an average of 23 additional hours per week of Library services at the Dublin Branch of the Alameda County Library system, subject to the following terms and conditions.
TERMS AND CONDITIONS
1) Time Period: This agreement will be in effect from July 1, 2023, to June 30, 2024. 2) Services Described: During the period specified above, the County agrees to provide 23 additional open hours per week of library service at the Dublin Branch Library, excluding County observed holidays, in order to maintain a total weekly schedule of open hours at the Dublin Branch Library at 51 hours per week.
3) Payments: The City of Dublin agrees to pay the County of Alameda $638,400 in four (4) quarterly installments as follows:
September 30, 2023, $159,600.00
December 31, 2023, $159,600.00
March 31, 2024, $159,600.00
June 30, 2024, $159,600.00
Payments shall be due and payable upon receipt of quarterly billing statements in conjunction with the dates stated above. In addition to the amounts stated above, interest of 5 percent / month shall be payable, for any payment which is more than 30 days overdue.
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4) Extension: All terms and conditions of this agreement may be extended, by mutual written agreement, on a year-to-year basis or as otherwise agreed to by the parties, provided the amount paid by the City of Dublin to the County of Alameda is adjusted annually to reflect increases/decreases to the costs connected with providing the services.
5) Periodic Activity Reports: Activity reports will be provided by the County Librarian to the designated City Staff on a quarterly basis to coincide with the issuance of quarterly billing statements. Dublin City Council or City Staff may request additional reports or presentations at any time.
6) Option to Terminate or Renegotiate Agreement: In the event that either party determines that it no longer has sufficient funding or staffing to meet the obligations of this agreement, that party may terminate or renegotiate this Agreement by giving at least thirty (30) days written notice.
7) Liability:
a) No persons engaged in the performance of services and functions under this Agreement shall be considered City employees or gain rights to City pension, Civil service, or other City employment status or right by way of this Agreement. b) The City shall not be called upon to assume any liability for the direct payment of any salary, wage, or other compensation to any County personnel performing services hereunder for the City, or any liability other than that provided for in this Agreement.
Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his/her employment.
c) The County will assume liability and pay cost of defense and hold the City harmless from loss, costs, or expenses caused by the negligent or wrongful act or omission of County officers, agents, and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the City by the provisions of Section 895.2 of the Government Code of the State of California. d) The County will, at its own cost and expense, procure insurance for its Library events held in the Dublin Library Parking Lot area in entirety in connection with this agreement.
The County will furnish insurance certificates to City prior to the event date. e) The City will assume liability and pay costs of defense and hold the County harmless from loss, costs, or expenses caused by the negligent or wrongful act or omission of City officers, agents, and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the County by the provisions of Section 895.2 of the Government Code of the State of California. f) The provisions of this paragraph shall apply only to liability arising out of the 499
performance by the Parties of their obligations under this Agreement. 8) Notices: Notices pertaining to this agreement shall be sent to the following:
CITY: COUNTY:
City Manager President, Board of Supervisors
CITY OF DUBLIN COUNTY OF ALAMEDA
100 Civic Plaza Administration Building
Dublin, CA 94568 1221 Oak Street
Oakland, CA 94612
County Librarian
ALAMEDA COUNTY LIBRARY
2450 Stevenson Boulevard
Fremont, CA 94538
IN WITNESS WHEREOF:
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The parties hereto have executed this Agreement the day and year first above written, and County has hereunto caused its corporate name to be signed by its President of the Board of Supervisors, who is hereunto duly authorized the day and year first above written.
CITY OF DUBLIN COUNTY OF ALAMEDA
By: _______________________ By: ____________________________ Mayor President of the Board of Supervisors
City of Dublin County of Alameda
State of California State of California
Date: ___________________________ Date: __________________________ ATTEST:
By: ___________________________ By: __________________________ City Clerk Clerk of the Board of Supervisors
APPROVED AS TO FORM APPROVED AS TO FORM
By: ___________________________ By: __________________________ City Attorney Deputy County Counsel
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DUBLIN LIBRARY
FY 2023-24 Projected Budget
EXPENSES:
Branch Personnel (18.65 FTE) $1,903,229
Services & Supplies $525,000
*All other Direct Cost $1,966,819
Total Direct Costs (Sub Total) $4,395,048
**Admin. Cost $1,201,716
GRAND TOTAL $5,596,764
*Direct Cost include share of Material costs, ITD cost and cost of Learning Group Services (Bookmobile: Literacy: Senior Services and Services to those with Disability) **System Wide Support includes the shared cost of Administration.
REVENUE:
County Library Property Tax $4,897,498 (28 Base Hours)
(Collection in Dublin)
City Contract $638,400 (23 Add. Hours)
Other County Library Funds $60,866
GRAND TOTAL $5,596,764
502
STAFF REPORT
CITY COUNCIL
Agenda Item 4.15
DATE: June 6, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement with Livermore Pleasanton Umpires Association for Sports Officiating Services
Prepared by: Bridget Amaya, Assistant Parks & Community Services Director EXECUTIVE SUMMARY:
The City Council will consider a service agreement with Livermore Pleasanton Umpires Association to provide officiating services for youth and adult basketball and softball leagues.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with Livermore Pleasanton Umpires Association for Sports Officiating Services.
FINANCIAL IMPACT:
Award of the contract with Livermore Pleasanton Umpires Association will result in a cost not to exceed $158,378 through June 30, 2025, which includes $137,720 for current officiating plus a 15% contingency of $20,658 for additional games as needed. Staff anticipates approximately $68,860 will be spent in Fiscal Year 2023-24, depending on league registrations. There is sufficient funding in the 2023-24 Budget to fund the agreement through June 30, 2024. The future budget process will include funding for the subsequent fiscal year.
DESCRIPTION:
The City contracts with vendors to provide officiating services for City-run leagues. A Request for Proposals (RFP) was released and posted to the City’s website on April 11, 2023, and closed on April 25, 2023. Staff also distributed the RFP to five known vendors that provide officiating services. One qualified proposal was received from Livermore Pleasanton Umpires Association by the deadline. A second proposal was submitted but was incomplete. 503
Table 1: Livermore Pleasanton Umpires Association Bid Per Game Years 1&2
Adult Basketball 5-on-5 (2 Officials) 130.00
Youth Basketball League (2 Officials) 110.00
Youth Basketball League (1 Official) 55.00
Adult Softball League (2 Umpires) 70.00
Adult Softball League (1 Umpire) 35.00
After reviewing the proposal, Staff is recommending a service agreement with Livermore Pleasanton Umpires Association expiring on June 30, 2025. Staff has determined that Livermore Pleasanton Umpires Association is a qualified vendor based on its overall experience officiating adult and youth sports since 1973 and knowledge and experience working with neighboring city leagues and high schools.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report was distributed to RFP submitters, and the City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving Agreement with Livermore Pleasanton Umpires Association for Sports Officiating Service
2) Exhibit A to the Resolution – Agreement Between the City of Dublin and Livermore Pleasanton Umpires Association
3) Proposal – Livermore Pleasanton Umpires Association
4) Request for Proposal
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Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 1 Attachment 1
RESOLUTION NO. XX - 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH LIVERMORE PLEASANTON UMPIRES
ASSOCIATION FOR SPORTS OFFICIATING SERVICES
WHEREAS the City of Dublin requires sports officiating services for adult and youth sports leagues; and
WHEREAS Staff issued a Request for Proposals (RFP) for officiating services and received two proposals by the deadline on April 25, 2023: and WHEREAS, after reviewing the submitted proposals, one proposal was incomplete, and Livermore Pleasanton Umpires Association was determined to be a qualified vendor; and WHEREAS Livermore Pleasanton Umpires Association is prepared to complete the work outlined in the Scope of Services section of the agreement attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with Livermore Pleasanton Umpires Association attached hereto as Exhibit A in an amount not to exceed $158,378 through June 30, 2025.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement and may make any necessary change to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
505
Services Agreement between
City of Dublin and Livermore Pleasanton Umpires
Association
July 1, 2023
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND LIVERMORE PLEASANTON UMPIRES ASSOCIATION THIS AGREEMENT for Sports Officiating services is made by and between the City of Dublin (“City”) and Livermore Pleasanton Umpires Association (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2023 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2025, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder.
1.5 [Intentionally Deleted]
1.6 [Intentionally Deleted]
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $158,378 notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be
Attachment 2
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Services Agreement between
City of Dublin and Livermore Pleasanton Umpires
Association
July 1, 2023
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
The Contractor’s signature;
Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of
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Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 [Intentionally Deleted]
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City within the time limits established in Subsection 1.2 of this Agreement shall result in liquidated damages as set forth in Exhibit A.
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Services Agreement between
City of Dublin and Livermore Pleasanton Umpires
Association
July 1, 2023
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein.
City shall furnish physical facilities including gymnasium and athletic fields. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment
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Association
July 1, 2023
and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project’s safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 [Intentionally Deleted] Worker’s Compensation.
4.1.1 [Intentionally Deleted] General Requirements.
4.1.2 [Intentionally Deleted] Submittal Requirements.
4.2 [Intentionally Deleted] Commercial General and Automobile Liability Insurance.
4.2.1 [Intentionally Deleted] General Requirements.
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Services Agreement between
City of Dublin and Livermore Pleasanton Umpires
Association
July 1, 2023
4.2.2 [Intentionally Deleted] Minimum Scope of Coverage.
4.2.3 [Intentionally Deleted] Additional Requirements.
4.2.4 [Intentionally Deleted] Submittal Requirements.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which
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Services Agreement between
City of Dublin and Livermore Pleasanton Umpires
Association
July 1, 2023
are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall
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Services Agreement between
City of Dublin and Livermore Pleasanton Umpires
Association
July 1, 2023
not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming
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Association
July 1, 2023
practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor.
Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
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City of Dublin and Livermore Pleasanton Umpires
Association
July 1, 2023
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.
9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
515
Services Agreement between
City of Dublin and Livermore Pleasanton Umpires
Association
July 1, 2023
the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor.
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Services Agreement between
City of Dublin and Livermore Pleasanton Umpires Association
July 1, 2023
written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Livermore Pleasanton Umpires Association
Attention: Patrick Llewellyn
PO Box 10272
Pleasanton, CA 94588
Any written notice to City shall be sent to:
City of Dublin
Attention: Anthony Calvo, Recreation Coordinator
100 Civic Plaza
Dublin, CA 94568
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Services Agreement between
City of Dublin and Livermore Pleasanton Umpires Association
July 1, 2023
10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.
10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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Services Agreement between
City of Dublin and Livermore Pleasanton Umpires Association
July 1, 2023
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN Livermore Pleasanton Umpires Association Linda Smith, City Manager Patrick Llewellyn, LPUA Treasurer/Assignor Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
5370023.1
***** “**”
“***”
“****”
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Services Agreement between
City of Dublin and Livermore Pleasanton Umpires Association July 1,2023 Exhibit B – Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
x Provide officials that are trained and qualified to perform services and duties required to officiate basketball and softball games.
x Softball officials must be certified in Amateur Softball Association (ASA/USA) rules. x Basketball officials must be certified in California Interscholastic Federation (CIF) rules. x Provide officiating services for the Adult Basketball (5-on-5) leagues consisting of two officials for each game (standard).
x Provide officiating services for the Youth Basketball leagues consisting of one official for each game (as requested).
x Provide officiating services for the Youth Basketball leagues consisting of two officials for each game (standard).
x Provide officiating services for the Adult Softball leagues consisting of one umpire for each game (standard).
x Provide officiating services for the Adult Softball leagues consisting of two umpires for each game (as requested).
x Officials must arrive in uniform a minimum of 15 minutes prior to each game’s start time. x Officials must inspect the field or court prior to the game for safety. x Officials must inspect equipment prior to playing for safety and rules compliance. x Officials must sign result sheets at the end of each game. x Officials must work effectively with City Staff.
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Services Agreement between
City of Dublin and Livermore Pleasanton Umpires Association July 1,2023 Exhibit B – Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
LEAGUE: PER GAME FEE:
Adult Basketball League Games (5-on-5)
Officiating fees (2 officials per game)
$130.00
Youth Basketball League Games
Officiating fees (2 officials per game)
$110.00
Youth Basketball League Games
Officiating fees (1 official per game)
$55.00
Adult Softball League
Officiating fees
$70.00
Contingency $10,329.00
Total Per Year $79,189.00
SPORTS OFFICIATING SERVICES FEES
July 1, 2023 – June 30, 2025)
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City of Dublin RFP for Officiating Services
Cover Letter
Livermore Pleasanton Umpires Association (LPUA) has provided umpires and other sports officials for numerous high schools, youth leagues, and cities since 1973 and is committed to providing the best officials possible. We are a 5013c nonprofit with a board of directors to ensure that we stay aligned with our mission and goals. We are committed to providing officials for your City and performing all work necessary to achieve this.
Patrick Llewellyn
LPUA Assignor/ Treasurer
(925) 699-3620
[email protected]
Attachment 3
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2. Qualifications
LPUA currently provides umpires and officials for the following organizations and groups.
EBAL High School Softball Umpires- 10 Varsity and JV Teams Coast Conference Community College Softball Umpires: Ohlone College, College of San Mateo, Chabot College, Hartnell College, San Jose City College, Monterey Peninsula College, Cabrillo College, and West Valley College
Pleasanton Girls Softball Umpires: Recreation softball league ages 8-18 Livermore Girls Softball Umpires: Recreation softball league ages 8-18 Dublin Little League Softball Umpires: Recreation softball league ages 8-18 LARPD Slow Pitch Softball
Town of Danville Slow Pitch Softball
City of San Ramon Slow Pitch Softball
City of Pleasanton Slow Pitch Softball
Dublin Unified Middle School Basketball Officials
Pleasanton Unified Middle School Basketball Officials
Various CYO/ AAU Tournaments Basketball Officials
All officials that officiate for LPUA must meet and pass the following trainings and certifications based on the level they work: USA/ASA Softball, USSSA Softball, NFHS/CIF, NCAA, AAU. 523
3. References
Edwin Tse: City of San Ramon 925-973-3326. Have provided adult softball umpires for their various leagues since 2021
Vicki Wiedenfeld- LARPD 925-373-5709. Have provided adult softball umpires for their various leagues since the mid 1990’s
Leo Lopoz EBAL Commissioner 925-852-8760. Have provided softball umpires for their high school teams since the late 1970’s
524
4. Key Staff Members
Patrick Llewellyn- Assignor/ Treasurer Key Point of Contact Kevin Bouey, Ron Fragulia, Dan Fahey, Brian Jensen, Jerry Pense- Board of Directors Roster of Softball Umpires:
Edward Alvarez: NCAA D2/ Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 13 Years Experience Mark Alvarez: Varsity, Slow Pitch USA/ NFHS Certified- 20 Years Experience Kevin Bouey NCAA/ Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 30 Years Experience Pete Cordova: Slow Pitch USA/USSSA Certified- 40 Years Experience Paul Delanda: NCAA / Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 40 Years Experience Mike Demartini: Varsity, Slow Pitch USA/ NFHS/Certified- 20 Years Experience Steve Depetris: NCAA / Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 25 Years Experience Dan Fahey: Varsity, Slow Pitch USA/ NFHS/ Certified- 15 Years Experience Ron Fragulia: Varsity, Slow Pitch USA/ NFHS Certified- 13 Years Experience Tom Halpin: Varsity, Slow Pitch USA/ NFHS Certified- 6 Years Experience Brian Jensen: Varsity, Slow Pitch USA/ NFHS Certified- 13 Years Experience Chris Keating: NCAA D1/ Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 18 Years Experience Candice Kofsky: Slow Pitch USA Certified- 3 Years Experience Mike Kruger: Varsity, Slow Pitch USA/ NFHS Certified- 10 Years Experience Patrick Llewellyn: NCAA D1/ Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 10 Years Experience Don Mackay: Slow Pitch USA/ USSSA Certified- 7 Years Experience Mike Mckee: Varsity, Slow Pitch USA/ NFHS Certified-8 Years Experience John Morris: NCAA D2/ Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 9 Years Experience Jerry Pense: NCAA D2/ Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 17 Years Experience Len Rossi: NCAA D2/ Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 40 Years Experience Gary Starkey: Varsity, Slow Pitch USA/ NFHS Certified- 20 Years Experience Ric Valdix: Varsity, Slow Pitch USA/ NFHS Certified- 30 Years Experience Five first year umpires who have passed USA Slow Pitch Certification 525
Roster of Basketball Officials:
Kevin Bouey: NFHS/AAU
Eric Demartini: NFHS/ AAU
Mike Demartini: NFHS/ AAU
Jeff Greenhagen: NFHS/AAU
Ray Gutierrez: NFHS/AAU
Tom Halpin: NFHS/AAU
Brian Jensen: NFHS/AAU
Patrick Llewellyn: NFHS/AAU
John Morris: NFHS/AAU
Jerry Pense: NFHS/AAU
Fernando Russell: NFHS/AAU
Fred Salgado: NFHS/AAU
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5. Approach to Work
We are no stranger to providing and scheduling umpires for various adult slow pitch leagues.
We have found that the best approach for adult slow pitch is 1 umpire per game. Due to a shortage of officials and the high quality of our training and certification process, 1 umpire adequately covers the games and provides savings to the city. We have proven working with other cities and municipalities in the Tri Valley area that we can provide the best officials possible to meet your needs and give a great and safe experience to your participants. 527
6. BID Form
LPUA can confirm that they can meet the City’s Standard Contractor Agreement and Insurance Requirements.
Livermore Pleasanton Umpires Association
Patrick Llewellyn
(925) 699-3620
[email protected]
N/A
70/ ump 70/ ump
One Umpire only
130 130
65 65
110 110
55 55
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REQUEST FOR PROPOSALS
Basketball and Softball Officiating Services for Adult and Youth Sports Leagues
City of Dublin
Proposals must be received by: Tuesday, April 25, 2023 by 4:00 p.m.
Liz Elliott, Recreation Supervisor
100 Civic Plaza
City of Dublin, CA 94568
Review and Selection Process
The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by City Staff will evaluate proposals provided in response to this RFP. Informal interviews may be conducted by City staff and may include more than one firm that has submitted a Proposal.
Based on input from this review process, a recommendation will be made to the City Manager. The City Manager will make a recommendation to the City Council for award of contract services.
The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of the RFP. The City reserves the right to reject any and all Proposals prior to execution of the Agreement, with no penalty to the City.
Attachment 4
529
Request for Proposal
Basketball and Softball Officiating Services for Adult and Youth Sports Leagues Overview
The City of Dublin is seeking service proposals to provide qualified officials for the City’s Adult Basketball, Youth Basketball and Adult Softball Leagues.
Project Description:
The City of Dublin (the “City”) offers a variety of Adult Basketball, Youth Basketball and Adult Slow-Pitch ASA Softball Leagues throughout the year. Adult Basketball games are typically played on Sundays (afternoons and evenings) and Mondays (evenings). Adult Softball games are typically played on Tuesday and Thursday evenings. Youth Basketball games are played on Saturdays (mornings and afternoons) between January and March of each year.
Scope of Services
• Officials are trained and qualified to perform services and duties required to officiate basketball and softball games.
• Softball officials are certified in Amateur Softball Association (ASA) rules. • Basketball officials are certified in California Interscholastic Federation (CIF) rules. • Provide officiating services for Youth Basketball league consisting of two referees for each game. • Provide officiating services for Adult Basketball league consisting of two referees for each game. • Provide officiating services for Adult Softball leagues consisting of two games at a time with two umpires for each game.
• Ensure that officials arrive in uniform a minimum of 10 minutes prior to game start time. • Inspect the field or court prior to the game for safety. • Inspect equipment prior to play for safety and rules compliance. • Sign result sheets following games.
• Work effectively with City Staff.
Financial Relationship
• Submitted proposal is required to include the rates charged per game for the scope of services described above.
• The City agrees to pay contractor after services are provided. • Invoices should be submitted to the City on a monthly basis. • The City has the right to reject/refuse an invoice that is incorrect or if the service is not provided. • The City will provide or maintain the supplies and equipment needed for each game (facility, scorekeeper, scoreboard, balls, and first aid supplies). 530
Process and General Conditions
1. Proposers shall submit one electronic copy by emailed PDF attachment only. Do not submit via Cloudbased systems or link. Submission shall be sent to Liz Elliott at [email protected] with the following subject line: Submittal for RFP Officiating Services
2. Deadline for submitting the proposal is Tuesday, April 25, 2023, at 4:00 p.m.
3. The City will not pay for any costs incurred in preparation and submission of the proposals or in anticipation of a contract. All proposals, as well as any modifications, received after the hour and date specified above, will not be accepted.
Schedule for RFP Process
Tuesday, April 11 Request for Proposals released.
Tuesday, April 18 Deadline to submit questions to City of Dublin Thursday, April 20 Addendum posted, if required
Tuesday, April 25 Proposals are due no later than 4:00 PM on April 25, 2023.
Tuesday, June 6, 2023 Contractor Services Agreement scheduled for approval by the Dublin City Council (Tentative dates, subject to change)
RFP Submittal Requirements
Please prepare and organize your Proposal based on the requirements provided below. Any other information you would like to include should be placed in a separated section at the back of your Proposal. Please note however that the RFP submittal is limited to 30 pages maximum single sided (excluding resumes) and should be submitted in an 8 ½ x 11 formats, in 12-point font. Page limit excludes a table of contents and resumes for Contractor’s team.
Interested contractors are requested to submit one PDF electronic copy of their Proposal as follows:
1. Enclose a cover letter not to exceed one page, describing the contractor’s interest and commitment to perform work necessary to provide officiating services. The person authorized by the contractor to negotiate a contract with the City of Dublin shall sign the cover letter. Please include this cover letter within document and not as a separate page.
2. State the qualifications and experience of the contractor/individual(s). Please emphasize the specific qualifications and experience with engagements of similar scope and complexity. 531
3. Provide at least three references (names and current phone numbers) from recent work (previous five years) similar to the services outlined in this request for proposals. Please include a brief description of the work performed and the role performed.
4. List key staff members, including identification of the primary point-of contact. Include each team member’s availability and the ability of being able to perform services.
5. Provide an approach to performing the work demonstrating the clear understanding of the requested work.
6. Submit BID form (Attachment B) proposed project budget, to include a compensation rate schedule for services.
7. Provide confirmation of ability to meet the City’s Standard Contractor Agreement and insurance requirements. The Proposer must maintain all liability insurance, and agree to hold the City of Dublin harmless, consistent with the following: CONTRACTOR further agrees to assume all hazards and risks which CONTRACTOR may incur in the course of performing this contract and agrees to indemnity and hold the City of Dublin harmless and release the City of Dublin, its officers, employees, agents and participants, from any and all liability for any injury arising out of, or in any way connected with participating in this program. CONTRACTOR understands that CITY has no accident or Workmen’s Compensation insurance for persons performing services as an independent contractor. Exceptions to the Agreement and insurance requirements shall be specifically noted in the Proposal.
8. The Proposer must have adequate experience, financial resources for performance, and staffing to coordinate the officiating services as described during the performance period of the proposed contract.
9. The Proposer must be able to meet the proposed or required performance schedule.
10. The Proposer must enter into an Agreement for services with the City of Dublin.
11. The Proposer must be otherwise qualified and eligible to receive an award under all applicable laws and regulations.
Standard Contractor Services Agreement:
It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a time and materials fee basis for a specified scope of work. The term of the agreement will begin July 1, 2023.
A sample of the City’s Standard Contractor Agreement (Agreement), including insurance requirements, is provided as Attachment A.
If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the proposal. Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested contractor is to state in the proposal that the Agreement and insurance requirements are acceptable.
Consideration for exceptions will not be considered if not included in the submitted proposal. 532
Conflict of Interest
Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom.
Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients.
This list must include all potential conflicts of interest within the year prior to the release of this RFP as well as current and future commitments to other projects.
Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html.
Equal Employment Opportunity
Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical handicap, medical condition, or marital status either discriminate or permit discrimination against any employee or applicant for employment in any manner prohibited by Federal, State or local laws. In the event of Proposer noncompliance, the City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Proposer may also be declared ineligible for further contracts with the City of Dublin.
Proposer shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Proposer and its sub-consultants shall post in conspicuous places, available to all employees and applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.].
Governing Law
This RFP summarizes the applicable laws and governance, when in conflict applicable State/Federal guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California.
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Insurance Requirements
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements:
Commercial General Liability Insurance $ 2,000,000
Automobile Liability Insurance $2,000,000
Professional Liability Insurance $1,000,000
Statutory Workers’ Compensation Insurance
and Employer’s Liability Insurance $1,000,000
(Please see Attachment A, Sample Contractor Services Agreement, Section 4, Insurance Requirements, for further detail).
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Attachment A
Standard Contract Services Agreement
{Removed for the purposes of the June 6,
2023 Regular City Council Meeting packet}
535
Attachment B
Request for Proposal
Basketball and Softball Officiating Services for Adult and Youth Sports Leagues OFFICIATING SERVICES - BID FORM (due by April 25, 2023) Name of Organization: _____________________________________________ Contact Person: _____________________________________________ Phone: _____________________________________________
Email: _____________________________________________
Website: _____________________________________________
ADULT SOFTBALL
Total officiating fees for an adult league softball game (two umpires) Year 1 $ __________ Year 2 $ __________
Note: Any assigning fees are to be included in the total fee.
This bid is for three calendar years, starting with the contract date.
ADULT BASKETBALL
Total officiating fees for an adult league basketball game (two referees for a 5-on-5 league) Year 1 $ __________ Year 2 $ __________
Total officiating fees for an adult league basketball game (one referee for a 3-on-3 league or tournament)
Year 1 $ __________ Year 2 $ __________
YOUTH BASKETBALL
Total officiating fees for a youth league basketball game (two referees for 5-on-5 league) Year 1 $ __________ Year 2 $ __________
Total officiating fees for a youth league basketball game (one referee or one referee paired with City Staff referee)
Year 1 $ __________ Year 2 $ __________
This bid is for three calendar years, starting with the contract date. 536
STAFF REPORT
CITY COUNCIL
Agenda Item 4.15
DATE: June 6, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Amendments to Agreements for Maintenance Services Prepared by: Jordan Foss, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider approving amendments to agreements with Sweeping Corporation of America (formerly Contact Sweeping Services, Inc.) for Street Sweeping Services, Universal Building Services and Supply Co. for Window and Carpet Cleaning Services, and Prudential Overall Supply for Mat and Towel Services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Amendments to Agreements with Sweeping Corporation of America, Universal Building Services and Supply Co., and Prudential Overall Supply.
FINANCIAL IMPACT:
The cost of these services will be charged to the Public Works Department in accordance with the adopted annual budget.
DESCRIPTION:
The Public Works Department utilizes contractors for regular and on-call, as needed maintenance services. Contractors are solicited through an open and competitive request for proposals (RFP) process. The RFP process identifies contractors with the necessary background and expertise to provide services and to ensure that the cost of services is competitive. All three contractors, and the related services, mentioned in this report were selected through the RFP process.
On June 16, 2020, the City Council approved, by Resolution No. 64-20, agreements with Contract Sweeping Services, Inc. (now Sweeping Corporation of America) for a not-to-exceed compensation amount of $867,500 for street sweeping services, and with Universal Building Services and Supply Co. for a not-to-exceed compensation amount of $240,382 for window and carpet cleaning services. The term of the agreements expires on June 30, 2023. Staff recommends amending the 537
agreement with Sweeping Corporation of America to extend the term of services through June 30, 2025, and to increase the not-to-exceed compensation to $1,499,030 to continue services through the extended term. Staff also recommends amending the agreement with Universal Building Services and Supply Co. to extend the term of services through June 30, 2025, and to increase the not-to-exceed compensation to $427,634 to continue services through the extended term.
On July 1, 2020, the City Manager approved and executed an agreement for mat and towel services with Prudential Overall Supply. The agreement included a not-to-exceed compensation amount of $42,830 and a term through June 30, 2023. Staff recommends amending the current agreement with Prudential Overall Supply to extend the term to June 30, 2025, and to increase the not-toexceed compensation to $67,261 to continue services through the extended term. City Council approval of this amendment is necessary because the proposed not-to-exceed compensation amount exceeds the purchasing authority limit of the City Manager.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving Amendments to Agreements with Sweeping Corporation of America, Universal Building Services and Supply Co., and Prudential Overall Supply 2) Exhibit A to the Resolution - Amendments to Agreements 3) Original Agreements with Sweeping Corporation of America (formerly Contract Sweeping Services, Inc.), Universal Building Services and Supply Co., and Prudential Overall Supply 538
Attachment 1
Reso. No. XX-23, Item X.X, Adopted 06/06/2023 Page 1 of 2 RESOLUTION NO. XX – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO AGREEMENTS WITH SWEEPING CORPORATION OF AMERICA, UNIVERSAL BUILDING SERVICES AND SUPPLY CO., AND PRUDENTIAL
OVERALL SUPPLY
WHEREAS, in 2019, Staff prepared and initiated a Requests for Proposals (RFPs) for Street Sweeping Services, Window and Carpet Cleaning Services, and Mat and Towel Services; and
WHEREAS, during that time, Staff reviewed and selected the most qualified contractors and the City entered into agreements for these services; and WHEREAS, the City wishes to amend the agreements with Sweeping Corporation of America for Street Sweeping Services, Universal Building Services and Supply Co. for Window and Carpet Cleaning Services, and Prudential Overall Supply for Mat and Towel Services; and WHEREAS, the City wishes to extend terms to June 30, 2025, and increase the not-toexceed compensation to $1,499,030 for Sweeping Corporation of America, to $427,634 for Universal Building Services and Supply Co., and to $67,261 for Prudential Overall Supply.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendments to the agreements with Sweeping Corporation of America, Universal Building Services and Supply Co., and Prudential Overall Supply, attached hereto as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute Exhibit A, and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution.
{Signatures on the following page}
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Reso. No. XX-23, Item X.X, Adopted 06/06/2023 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 6th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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AMENDMENT #1 TO CONTRACTING SERVICES AGREEMENT BETWEEN THE
CITY OF DUBLIN AND
PRUDENTIAL OVERALL SUPPLY
WHEREAS, on July 1, 2020, the City of Dublin (hereinafter referred to as "CITY") and Prudential Overall Supply (hereinafter referred to as CONTRACTOR) entered into a Contracting Services Agreement for Mat and Towel services (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, the existing AGREEMENT will expire on June 30, 2023; and WHEREAS, the CITY and CONSULTANT now wish to amend the
Agreement to extend the term through June 30, 2025 by modifying section 1.1 of the Agreement, to increase the not to exceed compensation amount to $67,261 by modifying Section 2 of the Agreement, and update the scope of work and compensation schedule by modifying Exhibit A and Exhibit B of the Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2025, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8.
Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8. 2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $67,261, notwithstanding any contrary indications that may be contained in the Consultant’s proposal, for services to be performed and reimbursable costs incurred under his Agreement. In the event of a conflict between this Agreement and the Consultant’s proposal, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically Attachment 2
541
authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.
3) Exhibit A, the scope of services shall be rescinded in its entirety and replaced, attached hereto and incorporated herein as Exhibit A.
4) Exhibit B, the compensation schedule shall be rescinded in its entirety and replaced, attached hereto and incorporated herein as Exhibit B. 5) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 6) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above.
7) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment.
SIGNATURES ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below.
CITY OF DUBLIN PRUDENTIAL OVERALL SUPPLY
By: _____________________________ By: _____________________________ Linda Smith, City Manager Micah Elberson, General Manager Dated:
ATTEST:
By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By: _____________________________
City Attorney
***** “**”
“***”
“****”
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EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide qualified personnel, transportation and supplies necessary to perform floor mat and towel services for six (6) City facilities. Changes or increases to locations, frequencies, quantities, and/or schedule must be approved in writing, by the Public Works Maintenance Manager, or their designee.
1. Civic Center (including *Cultural Arts Center coming Spring 2024) – 100 Civic Center Quantity Product/Description Schedule
7 3 x 4 – Black Mats 2nd and 4th Friday
5 4 x 6 – Black Mats 2nd and 4th Friday
2 3 x 10 – Black Mats 2nd and 4th Friday
5* 3 x 4 – Black Mats 2nd and 4th Friday
4* 4 x 6 – Black Mats 2nd and 4th Friday
2. Senior Center – 7600 Amador Valley Boulevard
Quantity Product/Description Schedule
2 4 x 6 – Black Mats 2nd and 4th Friday
1 3 x 10 – Black Mats 2nd and 4th Friday
75 Kitchen Towels 2nd and 4th Friday
7 3 x 5 - Anti-Fatigue Kitchen Mats 2nd and 4th Friday
3. Shannon Community Center – 11600 Shannon Avenue
Quantity Product/Description Schedule
5 4 x 6 – Black Mats Weekly
3 3 x 10 – Black Mats Weekly
2 4 x 6 – Black Mats 2nd and 4th Friday
4. Corporation Yard – 5709 Scarlett Court
Quantity Product/Description Schedule
2 3 x 4 – Black Mats 2nd and 4th Friday
1 3 x 5 – Black Mats (Scraper Mat) 2nd and 4th Friday
1 4 x 6 – Black Mats 2nd and 4th Friday
2 3 x 10 – Black Mats 2nd and 4th Friday
5. The WAVE Aquatic Park – 4201 Central Parkway
Quantity Product/Description Schedule
3 3 x 4 – Black Mats 2nd and 4th Friday
1 3 x 5 – Black Mats (Scraper Mat) 2nd and 4th Friday
1 4 x 6 – Black Mats 2nd and 4th Friday
5 3 x 10 – Black Mats 2nd and 4th Friday
6. Public Safety Complex (Police Services) – 6361 Clark Avenue Quantity Product/Description Schedule
2 3 x 4 – Black Mats 2nd and 4th Friday
1 3 x 5 – Black Mats (Scraper Mat) 2nd and 4th Friday
1 4 x 6 – Black Mats 2nd and 4th Friday
2 3 x 10 – Black Mats 2nd and 4th Friday
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EXHIBIT B
COMPENSATION SCHEDULE
1. Civic Center (including *Cultural Arts Center coming Spring 2024) – 100 Civic Center Quantity Product/Description 2023-2024 Unit Price
7 3 x 4 – Black Mats $3.28
5 4 x 6 – Black Mats $5.25
2 3 x 10 – Black Mats $6.56
5* 3 x 4 – Black Mats $3.28
4* 4 x 6 – Black Mats $5.25
2. Senior Center – 7600 Amador Valley Boulevard
Quantity Product/Description 2023-2024 Unit Price
2 4 x 6 – Black Mats $5.25
1 3 x 10 – Black Mats $6.56
75 Kitchen Towels $0.12
7 3 x 5 - Anti-Fatigue Kitchen Mats $3.82
3. Shannon Community Center – 11600 Shannon Avenue
Quantity Product/Description 2023-2024 Unit Price
7 4 x 6 – Black Mats $5.25
3 3 x 10 – Black Mats $6.56
4. Corporation Yard – 5709 Scarlett Court
Quantity Product/Description 2023-2024 Unit Price
2 3 x 4 – Black Mats $3.28
1 3 x 5 – Black Mats (Scraper Mat) $3.28
1 4 x 6 – Black Mats $5.25
2 3 x 10 – Black Mats $6.56
5. The WAVE Aquatic Park – 4201 Central Parkway
Quantity Product/Description 2023-2024 Unit Price
3 3 x 4 – Black Mats $3.28
1 3 x 5 – Black Mats (Scraper Mat) $3.28
1 4 x 6 – Black Mats $5.25
5 3 x 10 – Black Mats $6.56
6. Public Safety Complex (Police Services) – 6361 Clark Avenue Quantity Product/Description 2023-2024 Unit Price
2 3 x 4 – Black Mats $3.28
1 3 x 5 – Black Mats (Scraper Mat) $3.28
1 4 x 6 – Black Mats $5.25
2 3 x 10 – Black Mats $6.56
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Additional Charges
Product/Description 2023-2024 Price
Delivery Charges $12.02
Minimum bi-weekly order $43.71
Assuming a maximum 3% CPI increase, contract not to exceed amount for prior three years and additional two years is as follows:
Year 1 FY2020/2021 $11,916
Year 2 FY2021/2022 $12,273
Year 3 FY2022/2023 $12,641
Year 4 FY2023/2024 $ 13,020
Year 5 FY2024/2025 $ 13,411
Sub-Total $ 63,261
Contingency $ 4,000
Total: $ 67,261
Contractor shall notify City of any proposed increases to costs no later than 60 days prior to a new Fiscal Year (July 1 – June 30). Any changes to costs shall be approved in writing by the Public Works Maintenance Manager, or their designee. Any such annual increase shall be calculated based on the Bay Area Consumer Index Rate (CPI) and shall not exceed 3%.
Please note, reimbursable expenses are built into rates as identified above.
Invoices shall be submitted electronically to: [email protected] no more than once monthly and as work is completed.
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AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND SWEEPING CORPORATION OF AMERICA (FORMERLY CONTRACT SWEEPING SERVICES)
WHEREAS, on July 1, 2020, the City of Dublin (hereinafter referred to as "CITY") and Sweeping Corporation of America (formerly Contract Sweeping Services) (hereinafter referred to as CONTRACTOR) entered into a Contracting Services Agreement for Street Sweeping services (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, the existing AGREEMENT will expire on June 30, 2023; and WHEREAS, the CITY and CONSULTANT now wish to amend the
Agreement to extend the term through June 30, 2025 by modifying section 1.1 of the Agreement, to increase the not to exceed compensation amount to $1,499,030 by modifying Section 2 of the Agreement, and update the scope of work and compensation schedule by modifying Exhibit A and Exhibit B of the Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2025, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8.
Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8. 2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $1,499,030, notwithstanding any contrary indications that may be contained in the Consultant’s proposal, for services to be performed and reimbursable costs incurred under his Agreement. In the event of a conflict between this Agreement and the Consultant’s proposal, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. 547
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.
3) Exhibit A, the scope of services shall be rescinded in its entirety and replaced, attached hereto and incorporated herein as Exhibit A.
4) Exhibit B, the compensation schedule shall be rescinded in its entirety and replaced, attached hereto and incorporated herein as Exhibit B. 5) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 6) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above.
7) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment.
SIGNATURES ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below.
CITY OF DUBLIN SWEEPING CORPORATION OF
AMERICA
By: _____________________________ By: _____________________________ Linda Smith, City Manager Manvendra S. Saxena, General Manager Dated:
ATTEST:
By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By: _____________________________
City Attorney
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EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide City with street sweeping services for residential and commercial streets, intersections, parking lots, as well as emergency callout service.
SWEEPING CATEGORIES AND LOCATIONS:
COMMERCIAL STREETS: Commercial streets, including all medians, shall be swept twice monthly, from January through October and four times monthly for the months of November and December. The following streets are defined as commercial streets:
x Altamirano Avenue (Arnold Road to BART parking lot)
x Amador Plaza Road (Amador Valley Boulevard to southerly end) x Amador Valley Boulevard (Village Parkway to westerly end) x Arnold Road (Altamirano Avenue to Gleason Drive)
x Campbell Lane (Dublin Boulevard to Demarcus Boulevard) x Clark Avenue (Village Parkway to Dublin Boulevard)
x Demarcus Boulevard (Iron Horse Parkway to Dublin Boulevard) x Dougherty Road (I-580 to northerly City Limit, including a pass through the painted median areas) x Dublin Boulevard. (Schaefer Ranch Road to Fallon Road) x Fallon Road (I-580 to Northerly City Limit)
x Gleason Drive (Arnold Road to Fallon Road)
x Golden Gate Drive (Dublin Boulevard to southerly end) x Hacienda Drive (I-580 to Gleason Drive)
x Iron Horse Parkway (Demarcus Boulevard to Dublin Boulevard) x John Monego Court (Dublin Boulevard to southerly end) x Lewis Avenue (Village Parkway to Portage Road)
x Martinelli Way (Hacienda Drive to Iron Horse Parkway) x Regional Street (Amador Valley Boulevard to south end) x Saint Patrick Way (Amador Plaza Road to Golden Gate Drive) x San Ramon Road (I-580 to Alcosta Boulevard)
x Scarlett Court (Dublin Boulevard to east end)
x Scarlett Drive (Dublin Boulevard to Scarlett Court)
x Tassajara Road (I-580 to Fallon Road, including a pass through the painted median areas) x Village Parkway (Village/Clark Avenue to Kimball Ave) 550
The following commercial streets, including all medians, shall be treated as residential streets (swept twice per month) for the purpose of this Agreement, these commercial streets shall be swept at a time agreed upon by City, as to avoid noise complaints from adjacent residents. x Dublin Court
x Sierra Lane
x Sierra Court
x Civic Plaza
x Trinity Court
x Houston Place
x Central Parkway (to be swept after 9am, four times monthly for the months of November and December.)
Any portion of the above streets which are not within the limits above shall be defined as a residential street and shall be swept in accordance with Residential Street Sweeping provisions.
RESIDENTIAL STREETS: The City is divided into seven residential sweeping zones. Residential street sweeping shall be performed twice monthly. In addition, center medians within the limits specified shall also be swept twice monthly. Residential sweeping shall commence no earlier than 8 a.m. so to avoid noise complaints from adjacent residents. The following residential streets located adjacent to identified schools must be swept no earlier than 6 a.m. and no later than 8a.m.:
Dublin High School:
x Brighton Drive
x Callan Street
x Newport Court
x Burnham Way
x Fredrickson Lane
x Fredrickson Court
x Mansfield Avenue
x Tamarack Drive
x Langmuir Lane
x Langmuir Court
x Brookdale Court
Emerald High School opening 2024-2025:
x Streets to be determined
The City may agree to modify sweeping zones provided the following conditions:
x To allow for the addition of new street segments as accepted by the City (City will provide list in writing, as needed)
x Garbage collection route changes*
*Sweeping shall not occur on the same day as garbage pickup in any given area. Contractor shall sweep on days following garbage pickup, whenever possible. Route changes shall not be allowed without written 551
authorization from the Public Works Maintenance Manager, or their designee. Should a route change be approved, Contractor shall be responsible for notifying individual households that are affected in writing at least two weeks prior to beginning the new schedule.
INTERSECTIONS: Intersections listed below shall be swept twice monthly, paying special attention to areas of gravel and debris accumulated between through lanes and turn lanes:
x Dublin Boulevard/San Ramon Road
x Dublin Boulevard/Regional Street
x Dublin Boulevard/Golden Gate Drive
x Dublin Boulevard/Amador Plaza Road
x Dublin Boulevard/Village Parkway
x Dublin Boulevard/Dublin Court
x Dublin Boulevard/Sierra Court
x Dublin Boulevard/Dougherty Road
x Dublin Boulevard/Demarcus Boulevard
x Dublin Boulevard/Iron Horse Parkway
x Dublin Boulevard/Arnold Road
x Dublin Boulevard/Hacienda Drive
x Dublin Boulevard/Tassajara Road
x Dublin Boulevard/Fallon Road
x Amador Valley Blvd./San Ramon Road
x Amador Valley Blvd./Regional Street
x Amador Valley Blvd./Village Parkway
x Amador Valley Blvd./Amador Plaza
Road
x Amador Valley Blvd./Dougherty Road
x Dougherty Road/Sierra Lane
x Gleason Drive/Hacienda Drive
x Gleason Drive/Tassajara Road
x Gleason Drive/Fallon Road
x Central Parkway/Hacienda Drive
x Central Parkway/Tassajara Road
x Central Parkway/Fallon Road
x Hacienda Drive/Martinelli Way
x Tassajara/Fallon
PARKING LOTS: Contractor shall provide sweeping services monthly during the same weeks as Commercial sweeping. Sweeping shall be done after the normal operating hours of the facility so that no vehicles remain in the parking lot at the time sweeping is done. In the case of parks in residential neighborhoods (e.g., Alamo Creek Park), sweeping shall be completed no earlier than 8 a.m. to avoid noise complaints from adjacent residents. Changes to sweeping days and times for all parking lots shall be approved by the Public Works Maintenance Manager, or their designee. x Civic Center - 100 Civic Plaza
x Shannon Park/Community Center - 11600 Shannon Avenue
x Alamo Creek Park - Dougherty Road and Willow Creek Drive x Dublin Sports Grounds - Dublin Boulevard next to Civic Center Plaza x Emerald Glen Park - Gleason Drive at Tassajara Road (3 parking lots, one on Gleason Drive and two on Central Parkway)
x Senior Center - 7600 Amador Valley Boulevard
x Dublin Heritage Park - 11805 Dublin Boulevard (2 parking lots, one at Heritage Park, one at bank parking lot on Dublin Boulevard)
x Dougherty Hills Dog Park – Amador Valley Boulevard east of Stagecoach Road x Fallon Sports Park - (2 parking lots, one on Palermo Way east of Lockhart Street, one on Central Parkway)
x Public Safety Complex - (2 parking lots, one at 6361 Clark Avenue and one at 6363 Clark Avenue) x Don Biddle Community Park - (2 parking lots, one on Columbus street, one on Horizon Parkway) x Dublin Corporation Yard - 5709 Scarlett Court
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EMERGENCY CALLOUTS: Contractor shall provide a 24-hour telephone number and/or a list of employees, including mobile telephone numbers, who are available for 24-hour emergency callout service.
Fall leaf clean-up shall be billed on an emergency callout basis. Compensation for emergency callouts shall be on an hourly basis as detailed in Exhibit B, Compensation Schedule.
TERMS:
Calculation of Curb Miles: Curb mileage shall be calculated according to actual street curb miles and not machine odometer readings. If Consultant and the City disagree on the number of curb miles in a given area, mileage may be measured and recalculated, but the final determination shall be made by City.
Report Submittal: Contractor shall submit a report with Global Positioning System (GPS) information for completed routes within the billing dates for each monthly invoice. Contractor shall submit an annual report, at fiscal year-end, of total curb miles serviced within the fiscal year.
If Contractor identifies a need for increased frequency, miles swept or altered callout hours, Contractor shall submit a proposal to the Public Works Superintendent, or their designee, and may not perform additional services without their written approval.
Any streets added to the City during the term of this Agreement, either by new construction or annexation, shall be swept according to the appropriate schedule, as determined by the Public Works Maintenance Superintendent, or their designee. The additional cost for sweeping these streets shall be based upon the per mile cost detailed in Exhibit B. Contractor shall be capable of providing any additional equipment and personnel needed to sweep potential development or annexation areas for the term of this Agreement.
The City additionally reserves the right to reduce the number of curb miles to be swept within a given year without incurring an increase in the agreed per-curb-mile cost for that year.
Holidays: If Contractor is unable to perform sweeping services due to a holiday, Contractor must provide an alternative schedule for streets missed. City shall be advised no later than thirty days in advance of holidays to be observed by Contractor and shall be provided with a makeup schedule that is no more than one week later. Once the makeup schedule is established, it shall not be changed without prior written approval of the City.
Quality of Sweeping: The street sweeper shall leave designated areas of sweeping free of all dirt, litter, debris, and visual dust.
The Contractor’s street sweeper shall leave designated areas free of all dirt, litter, debris, and visual dust within the control of a fully operational machine. Due to various street widths and configurations throughout the City, street sweeping may require slower travel speed and/or multiple passes by the sweeper in many cases, to ensure curb-to-curb coverage of the street. Streets with raised medians (commercial and residential) shall have the curb-gutter perimeters of each raised median swept, including turnouts. Streetgrade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as part of the sweeping operations, resulting in minimal debris residual or tailings left on the swept surface following the completion of a pass(es) of the street sweeping machine. No sweeper shall blow debris onto private property or sidewalks.
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Due to various street configurations and densities of the urban forest throughout the City, when necessary for proper cleaning, the Contractor shall make more than one pass on a street without extra charge.
Payment will be made for the initial length of curb swept, not the number of passes needed to leave designated areas free of all dirt, litter, debris, and visual dust within the control of a fully operational machine.
Re-Sweeps: Those sweeps required of Contractor when previous sweeps have been deemed by City to be of poor quality, or when a street or sections of a street have been missed by Contractor during regularly scheduled street sweeping. Re-sweeps are completed at the expense of Contractor and shall be completed within 24-hours of notice, weather permitting. (from San Mateo County contract).
The Contractor shall immediately respond when notified by the City to re- sweep unsatisfactory areas at no additional charge. In areas with offset angles, extruded curbs, parking blocks or any areas where street sweeping equipment has difficulty in maneuvering, the Contractor shall use whatever legal means necessary to maintain the cleanliness of these areas. These areas are subject to all the terms and conditions listed in this contract.
Disposal of Sweepings: Contractor shall dispose of all refuse collected by hauling same to legally established refuse disposal sites or other site approved by the Public Works Superintendent, or their designee. Refuse shall not be stored on the street but shall be loaded into trucks or in appropriately placed containers, which shall be approved by the Public Works Superintendent, or their designee. If containers are used, they shall be dumped upon completion of the sweeping cycle. Any residual liquid waste shall be disposed of properly (e.g., not in the storm drain system).
Water: Contractor shall provide, at their own expense, sufficient water for the street sweeping equipment necessary to comply with this Agreement and to assure that the curb and gutter are left in a clean condition and the amount of dust during sweeping is kept to a minimum. Water meters shall be obtained from the Dublin San Ramon Services District. The cost of water shall be paid by Contractor and included in the unit costs for various sweeping services. Contractor shall report gallons of water used per route as part of the monthly invoice reporting. Contractor shall, at no time, complete routes without refill of water reservoir.
Equipment: Equipment not suitable to produce the quality of work required shall not be permitted to operate on the contract work. All equipment shall be subject to the approval of the Director of Public Works prior to use. All sweeping equipment shall have appropriate safety markings consisting of all highway lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with the State Vehicle Code, the City of Dublin Noise Ordinance and approved by the Director of Public Works. All vehicles and equipment used by the Contractor must be clearly identified with the name of the company and telephone number on each side of the equipment.
Equipment must be maintained and clean at all times; mechanical brushes and brooms shall be maintained in proper condition and shall be replaced as recommended by the manufacturer or when pick-up ability becomes repaired.
Age of Vehicles: The age of all streets sweeping equipment shall be no older than six (6) years, unless the Director of Public Works grants approval.
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The use of a steel plate on the sweeper wheel to prevent tire scuffing against the curb will not be permitted.
At all times the Contractor shall properly maintain a minimum of two (2) machine sweepers, both as to condition and appearance, for use on the work under this contract.
Sweepers must be equipped with mobile radio communications or cellular telephones to the Contractor’s dispatch office, as well as GPS monitoring devices. Contractor will provide the City with access to the GPS system which allows for the monitoring of each sweeper’s current location, as well as previously traveled locations when requested. Contractor shall provide the City with computer access to program to use GPS system at no cost.
Equipment Operation: The Contractor shall operate the sweepers between 4 and 5 miles per hour when sweeping, unless it can be proven the sweeper can operate at a higher speed and still operate efficiently.
Regulatory Compliance: Work, equipment, and methods shall be in compliance with all applicable California Air Resources Board (CARB), Bay Area Air Quality Management District (BAAQMD) and National Pollutant Discharge Elimination System (NPDES) regulations and requirements.
Any street sweeping vehicle fluid leaks will be cleaned immediately using all appropriate dry cleaning methods and properly disposed. Each sweeper provided by the Contractor shall carry a spill kit and the operator shall be properly trained on how to clean spills. Costs incurred by the City to respond to, clean up, and/or contain fluid spills from any Contractor’s vehicle shall be paid by the Contractor.
Delays in Sweeping Schedule: In the event of delays to the sweeping schedule, Contractor shall notify the City as soon as possible and provide a makeup schedule satisfactory to the City.
Contractor shall use and furnish at his own expense all labor, equipment, and materials necessary for the satisfactory performance of the street sweeping and parking lot sweeping work set forth herein. Contractor shall deploy at a minimum, one vehicle with a back-brush each service day. After sweeping, curbs and gutters shall be left in a clean condition. A clean condition is defined as the absence of residue in the streets and gutters upon the completion of the sweeping operation. Sweeping shall include as many passes as necessary to leave the street in a clean condition. Contractor shall maintain a log that records dates, times, streets, and miles swept. The log shall be available for inspection by the Public Works Superintendent, or their designee as soon as possible upon request.
Obstructions: Contractor shall make all possible effort to avoid obstacles while completing a thorough sweep of streets. It is the responsibility of Contractor to replace and/or repair damaged assets within Public Right-of-Way. Contractor shall notify City of issues of concern where obstructions are in the way of completing work.
Handling of Customer Complaints: Contractor, at the direction of City, shall reach out to residents to address complaints within the same business day reported. Contractor shall follow up with City to report on any and all resolutions to complaints and concerns.
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Performance: If at any time City feels the performance of Contractor is not meeting the needs of its residents and business community, City shall bring this to the attention of the Company President for immediate resolution.
The Contractor shall furnish copies of valid commercial driver licenses for all operators assigned to the City, whether permanently or temporarily assigned.
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EXHIBIT B
COMPENSATION SCHEDULE
Annual Street Sweeping Quantities
Item description Unit Est.
Quantities
Unit Price Year 4
FY2023/2024
Total Price
Year 4
FY2023/2024
Residential Street Sweeping (2x monthly)
Curb
mile 5,800 $32.51 $188,550
Commercial Street Sweeping (2x monthly except
for Nov and Dec which are 4x monthly)
Curb
mile 2,650 $32.51 $86,151
Intersections (28 intersections at 2x monthly
except for Nov and Dec which are 4x monthly) Each 784 $5.46 $4,281 Callouts (Includes Special Events and additional
fall leaf season cleanup) Minimum 2 hours Hours 150 $109.27 $16,391 Parking Lots (18 lots at 1x monthly) Each 216 $54.64 $11,802 Additional Curb Miles (120 curb miles
maximum/year – to be billed only with prior written
permission by City)
Curb
mile 120 $32.51 $3,901
Totals $311,076
The above chart lists estimates for FY 2023-24. Assuming an average of 120 new curb miles added annually, as well as a maximum 3% CPI increase, a contract not to exceed amount for prior three years and additional two years is as follows:
Year 1 - FY2020/2021 $277,163
Year 2 - FY2021/2022 $289,048
Year 3 - FY2022/2023 $301,289
Year 4 - FY2023/2024 $311,076
Year 5 - FY2024/2025 $320,454
Total $1,499,030
Contractor shall notify City of any proposed increases to costs no later than 60 days prior to a new Fiscal Year (July 1 – June 30). Any changes to costs shall be approved in writing by the Public Works Maintenance Superintendent, or their designee. Any such annual increase shall be calculated based on the Bay Area Consumer Index Rate (CPI) and shall not exceed 3%.
Please note, reimbursable expenses are built into rates as identified above.
Note that quantities shown are projected amounts for Fiscal Year 2023-2024and are not necessarily the exact amount to be swept. Street Sweeping services will be paid for based on actual quantities of the unit of measure of the associated bid item.
When requesting callout services, the City shall provide Contractor with the number of hours required. If not provided, a one hour minimum shall be assumed.
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Invoices shall be submitted electronically to: [email protected] no more than once monthly and as work is completed.
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AMENDMENT #1 TO CONTRACTING SERVICES AGREEMENT BETWEEN THE
CITY OF DUBLIN AND
UNIVERSAL BUILDING SERVICES AND SUPPLY CO.
WHEREAS, on July 1, 2020, the City of Dublin (hereinafter referred to as "CITY") and Universal Building Services and Supply Co. (hereinafter referred to as CONTRACTOR) entered into a Contracting Services Agreement for Carpet Cleaning and Window Cleaning services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT will expire on June 30, 2023; and WHEREAS, the CITY and CONSULTANT now wish to amend the
Agreement to extend the term through June 30, 2025 by modifying section 1.1 of the Agreement, to increase the not to exceed compensation amount to $427,634 by modifying Section 2 of the Agreement, and update the scope of work and compensation schedule by modifying Exhibit A and Exhibit B of the Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2025, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8.
Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8. 2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $427,634, notwithstanding any contrary indications that may be contained in the Consultant’s proposal, for services to be performed and reimbursable costs incurred under his Agreement. In the event of a conflict between this Agreement and the Consultant’s proposal, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein.
Consultant shall submit all invoices to City in the manner specified herein. Except 559
as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.
3) Exhibit A, the scope of services shall be rescinded in its entirety and replaced, attached hereto and incorporated herein as Exhibit A.
4) Exhibit B, the compensation schedule shall be rescinded in its entirety and replaced, attached hereto and incorporated herein as Exhibit B. 5) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 6) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above.
7) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment.
SIGNATURES ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below.
CITY OF DUBLIN UNIVERSAL BUILDING SERVICES
AND SUPPLY CO.
By: _____________________________ By: _____________________________ Linda Smith, City Manager Dario Devincenzi, Operations Manager Dated:
ATTEST:
By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By: _____________________________
City Attorney
“**” *****
“***”
“****”
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EXHIBIT A
SCOPE OF SERVICES
CONTRACTOR shall provide qualified personnel, transportation and supplies necessary to perform carpet cleaning services for twelve (12) City facilities, window cleaning services at eight (8) City facilities, and upholstery cleaning upon request.
CARPET CLEANING SERVICES
LOCATION FREQUENCY
1. City Hall – 100 Civic Center
Regional Meeting Room: 1,150sf every month
Area A: 2,622sf – Administration Wing 1st floor main hallway, staircases, 2nd floor main hallways (outside Finance & City Manager’s Office) & staircases.
every month
Area B: 4730sf - Internal corridors & traffic areas, Administration Wing. Aug, Nov, Feb, May Council Chambers (Floor Only): 500sf Aug, Feb
Chamber Seating Area (Floor Only): 2,000sf Feb
2. Cultural Arts Center – 100 Civic Center
First Floor Carpet Areas including staircases: 420sf every month Second Floor Carpet Areas: 4,322sf Aug, Nov, Feb, May
3. Library – 200 Civic Center
Community Room: 1,600sf Jul, Sep, Nov, Jan, Mar, May
Main Library / Virginia Bennet Room: 14,150sf Sep, Jan, May Program Room: 575sf Sep, Jan, May
4. Dublin Senior Center – 7600 Amador Valley Boulevard
All Carpet Areas: 4,405sf Jul, Sep, Nov, Jan, Mar, May
5. Shannon Community Center – 11600 Shannon Avenue
Area A: 7,610sf - Ballroom (must be cleaned using dry extraction, with spot treatment at every cleaning), classroom, lobby & hallway. every month Area B: 1,035sf - Offices Aug, Oct, Dec, Feb, Apr, Jun
6. Fire Station 16 – 7494 Donohue Drive*
All Carpet Areas: 2,260sf Apr
7. Fire Station 17 – 6200 Madigan Avenue*
All Carpet Areas: 3,480sf Apr
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*Cleanings at these locations shall be coordinated by staff with Contractor.
WINDOW CLEANING SERVICES
8. Fire Station 18 - 4800 Fallon Road*
All Carpet Areas: 1,980sf Apr
9. Dublin Heritage Center & Museum – 6600 Donlon Way*
All Carpet Areas: 600sf Oct, May
10. The WAVE Aquatic Park – 4201 Central Parkway*
Area A: 4,504sf - Multi-purpose room, lobby & hallway. every month Area B: 1,800sf - Offices Aug, Oct, Dec, Feb, Apr, Jun
11. Corporation Yard - 5709 Scarlett Court*
All Carpet Areas: 1,800sf Apr, Dec
12. Public Safety Complex (Police Services) – 6361 Clark Avenue* All Carpet Areas: 12,055sf Sep, Mar
Main Foot Traffic Areas: 4,600sf Dec, Jun
LOCATION FREQUENCY
1. Civic Center – 100 Civic Center (Both Wings)
All exterior perimeter windows May & October
All interior windows, atrium & partition glass October
Lobby (both wings) - Interior and exterior September & March Atrium (hallway) – Exterior or Interior Upon Request
2. Library – 200 Civic Center
All exterior perimeter windows -exterior only Feb, Jun, Sep, Dec All interior windows & partition glass October
Atrium hi-bay circular windows October
Entrance lobby glass doors Feb, Jun, Sep, Dec
3. Shannon Community Center – 11600 Shannon Avenue
Perimeter windows - Exterior only Feb, Jun, Oct
Perimeter windows - Interior only June
Interior partitions and doors June
4. Dublin Senior Center – 7600 Amador Valley Boulevard
Perimeter windows - Exterior only April & October
Perimeter windows - Interior only October
5. Dublin Heritage Center – 6600 Donlon Way
Museum - Interior and exterior September
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CONTRACTOR REQUIREMENTS
1. Upon the City of Dublin’s request, the contractor shall provide Safety Data Sheets (SDS) for all chemicals used.
2. Contractor shall provide all personnel, uniforms, tools, equipment, parts, records/logs, rags, cleaning chemicals, etc., necessary to perform the services described. All other materials/supplies required to perform this service, and not otherwise mentioned, shall be provided by the Contractor at his/her expense.
3. Contractor shall adhere to all current state and local water use restrictions & regulations.
4. Window Cleaning shall be performed on site during regular business hours, between 8:00 AM and 5:00 PM on weekdays, unless it causes a disruption to the City of Dublin employees or the City’s ability to serve the community or presents a safety hazard/disruption to others.
5. Contractor shall be responsible for all damage which occurs to City property while performing services, regardless of whether the damage is to an item(s) being cleaned or to other item(s) in and around the unit where services are being performed.
6. Contractor is not allowed to subcontract work to a third party once a service contract agreement has been approved.
7. Contractor is responsible for maintaining a safe work area which includes installing safety barricades and signs to warn the public.
CONTRACTOR PERSONNEL REQUIREMENTS
1. Contractor shall assign a sufficient number of trained & experienced employees to perform the required service. Contractor shall designate one (1) employee as principal with full responsibility for directing the entire crew. Each principal shall be authorized to act for the Contractor in every detail.
2. Contractor shall furnish and require every on-duty employee to wear a company shirt or a visible photo identification badge identifying employee by name.
Church - Interior and exterior September
Kolb House - Interior and exterior September
School Barn - Interior and exterior September
Public Restroom Building - Interior and exterior September Art Studio - Interior and exterior September
6. The WAVE Aquatic Park – 4201 Central Parkway
Perimeter windows - Exterior only May, Jun, Sep, Jan
Perimeter windows - Interior only May, Jun, Sep, Jan
Natatorium windows (second story) - Interior and exterior October & March Lobby lower windows - Interior and exterior Upon Request
7. Public Safety Complex (Police Services)– 6361 Clark Avenue Perimeter windows - Exterior only June
Perimeter windows - Interior only June
8. Corporation Yard – 5709 Scarlett Court
Perimeter windows - Exterior only June
Perimeter windows - Interior only June
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3. All assigned personnel are subject to a criminal history records check performed using Live Scan. Government fees are required for the State (DOJ) and Federal (FBI) level criminal history record checks. Contractor is responsible for the fee to perform such records search. A $45 application per personnel is required to perform a formal criminal history records check.
Should an employee not pass the criminal history records check; a refund will not be provided.
4. All assigned personnel must have all the proper safety training, and equipment operator certificates to meet the minimum requirements of Cal OSHA. 565
EXHIBIT B
COMPENSATION SCHEDULE
CARPET CLEANING SERVICES
LOCATION FREQUENCY ANNUAL COST
FY23/24
1. City Hall – 100 Civic Center
Regional Meeting Room: 1,150sf every month $2,256
Area A: 2,622sf – Administration Wing 1st floor main hallway, staircases, 2nd floor main hallways (outside Finance & City Manager’s Office) & staircases.
every month
$5,144
Area B: 4730sf - Internal corridors & traffic areas, Administration Wing. Aug, Nov, Feb, May $3,093 Council Chambers (Floor Only): 500sf Aug, Feb $164
Chamber Seating Area (Floor Only): 2,000sf Feb $613
2. Cultural Arts Center – 100 Civic Center
First Floor Carpet Areas including staircases: 420sf every month $824 Second Floor Carpet Areas: 4,322sf Aug, Nov, Feb, May $2,827
3. Library – 200 Civic Center
Community Room: 1,600sf Jul, Sep, Nov, Jan, Mar, May $1,570 Main Library / Virginia Bennet Room: 14,150sf Sep, Jan, May $6,941 Program Room: 575sf Sep, Jan, May $282
4. Dublin Senior Center – 7600 Amador Valley Boulevard
All Carpet Areas: 4,405sf Jul, Sep, Nov, Jan, Mar, May $4,321
5. Shannon Community Center – 11600 Shannon Avenue
Area A: 7,610sf - Ballroom (must be cleaned using dry extraction, with spot treatment at every cleaning), classroom, lobby & hallway. every month $14,931 Area B: 1,035sf - Offices Aug, Oct, Dec, Feb, Apr, Jun $1,015
6. Fire Station 16 – 7494 Donohue Drive
All Carpet Areas: 2,260sf Apr $370
7. Fire Station 17 – 6200 Madigan Avenue*
All Carpet Areas: 3,480sf Apr $569
8. Fire Station 18 - 4800 Fallon Road*
All Carpet Areas: 1,980sf Apr $324
566
*Cleanings at these locations shall be coordinated by staff with Contractor.
FY2023/2024 Rates:
x Council Chamber Seating Area is billed at $0.3063/sf. x All other locations billed at $0.1635/sf.
9. Dublin Heritage Center & Museum – 6600 Donlon Way*
All Carpet Areas: 600sf Oct, May $196
10. The WAVE Aquatic Park – 4201 Central Parkway*
Area A: 4,504sf - Multi-purpose room, lobby & hallway. every month $8,837 Area B: 1,800sf - Offices Aug, Oct, Dec, Feb, Apr, Jun $1,766
11. Corporation Yard - 5709 Scarlett Court*
All Carpet Areas: 1,800sf Apr, Dec $589
12. Public Safety Complex (Police Services) – 6361 Clark Avenue* All Carpet Areas: 12,055sf Sep, Mar $3,942
Main Foot Traffic Areas: 4,600sf Dec, Jun $1,504
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WINDOW CLEANING SERVICES
LOCATION FREQUENCY Annual Cost
FY23/24
1. Civic Center – 100 Civic Center (Both Wings)
All exterior perimeter windows May & October $2,616
All interior windows, atrium & partition glass October $2,616 Lobbies (both wings) - Interior and exterior September & March $436 Atrium (hallway) – Interior Upon Request $1,308
Atrium (hallway) – Exterior Upon Request $436
2. Library – 200 Civic Center
All exterior perimeter windows -exterior only Feb, Jun, Sep, Dec $2,616 All interior windows & partition glass October $872
Atrium hi-bay circular windows October $218
Entrance lobby glass doors Feb, Jun, Sep, Dec $436
3. Shannon Community Center – 11600 Shannon Avenue
Perimeter windows - Exterior only Feb, Jun, Oct $1,635
Perimeter windows - Interior only June $545
Interior partitions and doors June $109
4. Dublin Senior Center – 7600 Amador Valley Boulevard
Perimeter windows - Exterior only April & October $654
Perimeter windows - Interior only October $436
5. Dublin Heritage Center – 6600 Donlon Way
Museum - Interior and exterior September $273
Church - Interior and exterior September $109
Kolb House - Interior and exterior September $218
School Barn - Interior and exterior September $55
Public Restroom Building - Interior and exterior September $55 Art Studio - Interior and exterior September $218
6. The WAVE Aquatic Park – 4201 Central Parkway
Perimeter windows - Exterior only May, Jun, Sep, Jan $3,488 Perimeter windows - Interior only May, Jun, Sep, Jan $3,488 Natatorium windows (second story) - Interior
and exterior October & March
$1,962
Lobby lower windows - Interior and exterior Upon Request $218
7. Public Safety Complex (Police Services)– 6361 Clark Avenue Perimeter windows - Exterior only June $556
Perimeter windows - Interior only June $545
8. Corporation Yard – 5709 Scarlett Court
Perimeter windows - Interior and Exterior June $109
568