Susana Alcala Wood, City Attorney Jorge Oseguera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022- 00745 April 19, 2022 Consent Item 12
Title: Cooperative Purchase Contract: Rental Vehicles
Location: Citywide
Recommendation: Pass a Motion authorizing additional expenditures under the existing contract with OMNIA Partners cooperative purchase agreement with Herc Rentals Inc. (Contract No.2019000318) for rental vehicles in an amount not to exceed $800,000 for a revised total contract not-to-exceed amount of $2,000,000.
Contact: Alison Kerstetter, Program Specialist, (916) 808-1163, [email protected]
; Mark Stevens, Fleet Manager, (916) 808-5869,
[email protected], Department of Public Works
Presenter: None
Attachments:
1-Description/Analysis
2-Contract
Description/Analysis
Issue Detail: The Department of Public Works, Fleet Management Division, has a customer requirement for vehicle rentals to support City departments. The recommended agreement will be used when City departments request vehicles that are not available in the Motor Pool or when departments have seasonal work that requires the use of additional vehicles for a period of time.
Policy Considerations: The recommendations in this report are in accordance with City Code Chapter 3.56.
Economic Impacts: None
Environmental Considerations:
California Environmental Quality Act (CEQA): No environmental review is necessary because the recommendations in this report involve rentals of vehicles and are not considered to be a project in accordance with Section 15378(b)(2) of the California Environmental Quality Act guidelines.
Sustainability: The recommended purchases are consistent with the updated Fleet Sustainability Policy adopted by City Council on December 12, 2017 (Resolution No. 2017- 0478).
Commission/Committee Action: None
Rationale for Recommendation: On December 18, 2018, City Council passed Motion No. 2018-0410 allowing use of OMNIA partners contract with Herc Rentals, Inc. for equipment rentals and related products and services in and amount not to exceed $1,200,000. The City has rented more vehicles than originally planned due to the COVID restrictions since the contract has been available for use. Regulations required one person in a vehicle to mitigate the potential for transmitting the virus. This caused departments to rent vehicles to adhere to the requirements.
After reviewing the available purchase options, the Fleet Management Division has determined that the OMNIA Partners cooperative purchase agreement with Herc Rentals Inc. represents the most advantageous purchasing strategy. The contract was competitively bid statewide, and the OMNIA Partners receives greater discounts from the manufacturer due to a higher purchase volume than the City would receive if issuing its own bid.
In an ongoing effort to maximize cost savings and staff resources, many government agencies share contracting efforts through cooperative purchasing. This procurement method increases pricing competitiveness and lowers operating costs through volume buying. When comparing the administrative costs of procurement, staff considers product research, source selection, specifications, advertising, staff reports, awarding, protest, and administration of the contract.
The City has used both regional and national cooperative purchase agreements to complement its own contracting initiatives. Cooperative purchasing enables City departments to evaluate a broader range of contracting opportunities and to share resources with other jurisdictions. Cooperative purchasing also leverages internal and external resources to maximize cost savings opportunities for the City.
Financial Considerations: Vehicle rentals under the recommended cooperative purchase agreement will be made from the Department of Public Works Fiscal Year (FY) 2021/22 operating budget (Fleet Fund, Fund 6501) and charged to the operating budgets of the customers. Sufficient funding is available in the Department’s FY2021/22 operating budget to rent vehicles through June 30, 2022. Vehicle rentals made after June 30, 2022, are subject to funding availability in the adopted budget of the applicable fiscal year.
Local Business Enterprise (LBE): Herc Rentals Inc. is not an LBE. The minimum LBE participation requirement is waived for the City’s use of cooperative purchase agreements that have been competitively bid, evaluated, and awarded by other governmental agencies that may or may not have similar LBE programs.
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
Contract NO. 2019000318
Vendor No. 20941
CONTRACT TO PROVIDE EQUIPMENT
RENTALS AND RELATED PRODUCTS AND SERVICES
This Contract (the "Contract") is entered into as of this !st day of~,~ (the "Effective Date"), by and between Herc Rentals Inc., a corporation doing business m 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 # 269-2018-047) for Equipment Rentals and Related Products and Services dated May 22, 2018. This Request for Proposals together with all attachments and addenda, is referred to herein as the "RFP"; and WHEREAS, the Company submitted a Proposal in response to RFP # 269-2018-047 on June 26, 2018. This Proposal, together with all attachments and separately sealed confidential trade secrets, is referred to herein as the "Proposal." WHEREAS, the City awarded this Contract on September 24, 2018 to Company to provide Equipment Rentals and Related Products and Services to the City all in accordance with the terms and conditions set forth herein.
WHEREAS, the City of Charlotte, on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein "Participating Public Agencies"), competitively solicited and awarded the Contract to the Company. The City has designated U.S. Communities as the administrative and marketing conduit for the distribution of the Contract to Participating Public Agencies.
The City is acting as the "Contracting 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) shall deal directly with each PPA concerning the placement of orders, issuance of purchase orders, contractual disputes, invoicing, payment and all other matters relating or referring to such PP A's access to the Contract.
Each PPA enters into a Master Intergovernmental Cooperative Purchasing Agreement (MlCPA) outlining the terms and conditions that allow access to the Lead Public Agencies' Master Agreements. Under the terms of the MICPA, the procurement by the PPA shall be construed to be in accordance with, and governed by, the laws of the state in which the PP A 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
L EXHIBITS.
Contract NO.2019000318
Vendor No. 20941
The Exhibits below are hereby incorporated into and made a part of this Contract. In interpreting this Contract and resolving any ambiguities, the main body of this Contract will take precedence over the Exhibits, and any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below. Each reference to Herc Rentals in the Exhibits and Appendices shall be deemed to mean the Company.
1.1. 1.2.
1.3. 1.4.
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
EXHIBITD:
2. DEFINITIONS.
Discount Schedule, Price Lists, and Incentives
Scope of Services
Charlotte Business INCiusion Program
Federal Contract Terms and Conditions
This section may include, but not be limited to, terms defined in Section 1 of the RFP.
3. TERM. The initial term of this Contract will be for five (5) years from the Effective Date with an option to renew for two (2) additional two-year terms. This Contract may be extended only by a written amendment to the contract signed by both parties.
4. AGREEMENT TO PROVIDE PRODUCTS AND SERVICES.
4.1 The Company shall provide the Products and Services in accordance with the terms and conditions set forth in this Contract and the attached Exhibits when ordered from time to time by the City. Except as set forth in Exhibit A, the prices set forth in Exhibit A constitute all not to exceed charges payable by the City for the Products and Services, and all labor, materials, equipment, transportation, facilities, storage, information technology, permits, and licenses necessary for the Company to provide the Products and Services. The Company shall perform any Services for the City on site at the City's facilities in Charlotte, North Carolina, except as otherwise stated in this Contract or agreed in writing by the City.
4.2 Placement of Orders: All orders will be placed by personnel designated by the City on an as needed basis for the quantity required at the time during the term of the Contract.
5. OPTIONS AND ACCESSORIES: The City may in its discretion purchase from the Company options and Services beyond what is called for in the Scope of Work, provided that such purchase does not create unfairness so as to defeat the purpose of the bid statutes, and provided the City is authorized by law to make such purchases without a formal bid process.
6. DOCUMENTATION: the Company will provide for all products purchased under this contract written or electronic documentation that is complete and accurate, and sufficient to enable city employees with ordinary skills and experience to utilize such products for the purpose for which the city is acquiring them.
7. COMPENSATION. The City shall pay the company for the products and services delivered in compliance with the specifications at the prices set forth in Exhibit A. This amount constitutes the maximum fees and charges payable to the company in the aggregate under this contract and will not be increased except by a written amendment duly executed Contract NO.2019000318
Vendor No. 20941
by both parties in compliance with the price adjustment provisions set forth in Section 8.
The company shall not be entitled to charge the city any prices, fees or other amounts that are not listed in Exhibit A.
8. PRICE ADJUSTMENT.
8.1 The price(s) stated in this Contract shall not increase for the first year of the five-year term of the Contract. The prices shall also not increase during the two, two-year renewal option terms nnless the City approves a price adjustment in writing in accordance with the following terms:
8.1.1 Price increases shall only be allowed when justified in the City's sole discretion based on legitimate, bona fide increases in the cost of materials.
No adjustment shall be made to compensate the Company for inefficiency in operation, increase in labor costs, or for additional profit.
8.1.2 To obtain approval for a price increase, the Company shall submit a written request to the Procurement Management Division representative, at the address listed below, together with written documentation sufficient to demonstrate that the increase is necessary based on a legitimate increase in the cost of materials. The request must state and fully justify the proposed price increase per unit over the price originally proposed.
City of Charlotte
Finance - Procurement Management
600 East Fourth Street
Charlotte, NC 28202
8.1.3 No proposed price increase shall be valid unless accepted by the City in writing. The City may approve such price increase for the remaining term of the Contract or for a shorter specified period, in the City's sole discretion. If the City rejects such price increase, the Company shall continue performance of the Contract.
8.1.4 If the City approves a price increase pursuant to this Section and the market factors justifying the increase shift so that the increase is no longer justified, the City shall have the right to terminate the price increase and revert back to the prices that were in effect immediately prior to the increase. The Company shall notify the City in writing if the market factors on which the City granted the increase change such that the City's reasons for granting the increase longer apply.
8.2 If the Company's unit prices for any Products and/or Services should decrease, the Company shall provide the affected Products and/or Services at the lower discounted price. The Company will provide the City with prompt written notice of all decreases in unit prices.
8.3 If a Product becomes unavailable, or if a new Product becomes available, the Company promptly will send the City a proposed revised version of Exhibit A.
The City reserves the right to add or delete items to this Contract if particular items should become discontinued or an upgraded item becomes available to the industry market. Any new or replacement items added may be subject to bid statute requirements. The City may also delete radio and communication equipment items included in this Contract if items are no longer needed or no longer issued as part of radios and communication equipment. At no additional cost to the City, the Contract NO. 2019000318
Vendor No. 20941
Company may substitute any Product or Service to be provided by the Company, if the substitute meets or exceeds the Specifications, is compatible with the City's operating environment and is of equivalent or better quality to the City. Any substitution will be reflected in a written signed change order.
9. BILLING. Each invoice sent by the Company shall include all reports, information and data required by this Contract (including the Exhibits) necessary to entitle the Company to the requested payment. The Company shall send one (I) copy only of each invoice using one of the following options:
Option I - E-mail one copy of each invoice to [email protected] . Company shall not mail invoices that have been sent via e-mail.
Option 2 - Mail one copy of each invoice to:
City of Charlotte Accounts Payable
PO Box37979
Charlotte, NC 28237-7979
Attn: (Insert Department)
The City is not tax exempt from sales tax. The Company shall include all applicable State and County sales taxes on the invoice and not combined with the cost of the goods.
Payment of invoices shall be due within thirty (30) days after the City has received all of the following: (a) an accurate, properly submitted invoice, (b) all reports due for the month covered by the invoice; and (c) any other information reasonably requested by the City to verify the charges contained in the invoice. Invoices must include state and local sales tax.
10. CONTRACT MONITORING: The City shall have the right to audit the Company's compliance with the terms and conditions of the Contract at such times as the City deems appropriate. Unless the City elects to terminate the Contract, the Company shall develop a written action plan to correct any Contract deficiency identified during these compliance audits, and shall submit such plan to the City within thirty (30) days of notification of non compliance.
11. REPORTING: The Company shall provide such written reports of purchasing and expenditures as may be requested by the City from time to time, including without limitation any reports described in the Specifications.
12. AUDIT: During the tenn of the Contract and for a period of three (3) years after termination or expiration of this Contract for any reason, the City shall have the right to audit, either itself or through a third party, all books and records (including but not limited to the technical records) and facilities of the Company necessary to evaluate Company's compliance with the terms and conditions of the 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 $5,000 but for the audit, then the Company shall be required to reimburse the City for the cost of the audit.
13. GENERAL WARRANTIES. Company represents and warrants that:
13.1 It is a corporation duly incorporated, validly existing and in good standing under the laws of the state of Florida, and is qualified to do business in North Carolina;
13.2 It has all the requisite corporate power and authority to execute, deliver and perform its obligations under this Contract;
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Vendor No. 20941
13.3 The execution, delivery, and performance of this Contract have been duly authorized by Company;
13.4 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;
13.5 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
13.6 The Company shall not violate any agreement with any third party by entering into or performing this Contract.
14. ADDITIONAL REPRESENTATIONS AND WARRANTIES. Company represents warrants and covenants that:
14.l The Products and Services shall comply with all requirements set forth m this Contract, including but not limited to the attached Exhibits;
14.2 All work performed by the Company and/or its subcontractors pursuant to this Contract shall meet industry accepted standards, and shall be performed in a professional and workmanlike manner by staff with the necessary skills, experience and knowledge;
14.3 Neither the Services, nor any Products provided by the Company under this Contract will infringe or misappropriate any patent, copyright, trademark or trade secret rights of any third party; and
14.4 The Company and each of its subcontractors have complied and shall comply in all material respects with all applicable federal, state and local laws, regulations and guidelines relating to the performance of this Contract or to the products and services delivered hereunder, including but not limited to £-Verify, and shall obtain all applicable verifications, permits, and licenses.
15. COMPLIANCE WITH LAWS: All Products and Services delivered under this Contract shall be in compliance with all applicable federal, state and local laws, regulations and ordinances. In performing the Contract, the Company shall obtain and maintain all licenses and permits, and comply with all federal, state and local laws, regulations and ordinances.
16. DELIVERY TIME: When delivery time is requested in the !TB, (whether in the form of a specific delivery date or maximum number of days for delivery) time is of the essence. The Company's Bid shall be deemed a binding commitment of the Company to meet the delivery time stated herein unless the Bid specifically takes exception. If such delivery time is not met, the City shall be entitled to tenninate the Contract immediately for default and/or exercise any other remedies available at law or in equity.
17. QUALITY: Unless this Contract specifically states otherwise for a particnlar item, all components used to manufacture or construct any supplies, materials or equipment or Products provided under this Contract shall be: (a) new; (b) the latest model; (c) of the best quality and highest grade workmanship; and ( d) in compliance with all applicable federal, state and local laws, regulations and requirements. By "new", the City means that the item has been recently produced and has not been previously sold or used.
Whenever this Contract states that a Product or Service shall be in accordance with laws, ordinances, building codes, underwriter's codes, applicable A.S.T.M. regulations or similar expressions, the requirements of such laws, ordinances, etc., shall be construed to be Contract NO. 2019000318
Vendor No. 20941
minimum requirements that are in addition to any other requirements that may be stated in this Contract.
18. DESIGN AND/OR MANUFACTURER REQUIREMENT: All Products and Services shall meet the Specifications set forth in Section 4 of the RFP.
19. INSPECTION AT COMPANY'S SITE: The City reserves the right to inspect the equipment, plant, store or other facilities of the Company during the Contract term from time to time as the City deems necessary to confirm that such equipment, plant, store or other facilities conform with the Specifications and are adequate and suitable for proper and effective performance of the Contract. Such inspections shall be conducted during normal business hours and upon at least three (3) days' notice to the Company (except that a store may be inspected at any time during regular store hours without notice).
20. PREPARATIONFORDELIVERY:
20.1 Condition and Packaging. All containers/packaging shall be suitable for handling, storage or shipment, without damage to the contents. The Company shall make shipments using the minimum number of containers consistent with the requirements of safe transit, available mode of transportation routing. The Company will be responsible for confirming that packing is sufficient to assure that all the materials arrive at the correct destination in an undamaged condition ready for their intended use.
20.2 Marking. All cartons shall be clearly identified with the City purchase order number and the name of the department making the purchase. Packing lists must be affixed to each carton identifying all contents included in the carton. If more than one carton is shipped, each carton must be numbered and must state the number of that carton in relation to the total number of cartons shipped (i.e. I of 4, 2 of 4, etc).
20.3 Shipping. The Company shall follow all shipping instructions included in the !TB, the City's purchase order or in the Contract.
21. ACCEPTANCE OF PRODUCTS/SERVICES: The Products shall be deemed to be accepted by the City upon delivery and subject to the terms and conditions of this Contract if City does not notify Company in writing within 48 hours of delivery of the Products of any problem with the Products. Contract shall remain the property of the Company until the City physically inspects, actually uses and accepts the Products. In the event Products provided to the City do not comply with the Contract, the City shall be entitled to terminate the Contract upon written notice to the Company and return such Products (and any related goods) to the Company at the Company's expense. In the event the Services provided under this Contract do not comply with the Contract, the City reserves the right to cancel the Service and rescind any related purchase of products upon written notice to the Company. The remedies stated in this Section are in addition to and without limitation of any other remedies that the City may have under the Contract, at law or in equity.
22. GUARANTEE: Unless otherwise specified by the City, the Company unconditionally guarantees the materials and workmanship on all Products and Services. If, within the guarantee period any defects occur due to a faulty Product or Services (including without limitation a failure to comply with the Specifications), the Company at its expense, shall repair or adjust the condition, or replace the Product and/or Services to the complete satisfaction of the City. These repairs, replacements or adjustments shall be made only at such time as will be designated by the City to ensure the least impact to the operation of City business.
Contract NO.2019000318
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23. NO LIENS: The equipment is owned by Company. City acknowledges that no one other than Company may transfer the equipment or any rights or obligations under the rental documentation. Neither City nor any operators are agents of Company. No one may perform major service, repair, or alter the equipment without Company's prior written approval except for emergencies, which threaten life or property. City will not suffer any liens or encumbrances to attach to the equipment and will compensate the Company for any out of pocket costs paid by the Company to remove such liens or encumbrances.
24. MANUFACTURER OR DEALER ADVERTISEMENT: No manufacturer or dealer shall advertise on Products delivered to the City without prior approval by the City.
25. RIGHT TO COVER: If the Company fails to comply with any term or condition of the Contract or the Company's response to the ITB, the City may take any of the following actions with or without terminating the 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 obtain the applicable Products and/or Services ( or reasonable substitutes) from a third party.
26. RIGHT TO WITHHOLD PAYMENT: If Company breaches any provision of the Contract; the City shall have the right to withhold all payments due to the Company until such breach has been fully cured.
27. OTHER REMEDIES: Upon breach of the 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.
28. TERMINATION.
28.1 TERMlNA TION WITHOUT CAUSE. The City may terminate this Contract at any time without cause by giving sixty (60) days written notice to the Company. The Company may terminate this Contract at any time without cause by giving one hundred and eighty ( 180) days written notice to the City.
28.2 TERMlNA TION 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:
28.2.1 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 ofreceipt of written notice of default from the non-defaulting party; or
28.2.2 The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof; or
28.2.3 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 Contract NO. 2019000318
Vendor No. 20941
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 this Contract shaU 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 pursuant to this Section shall identify and state the party's intent to terminate this Contract if the default is not cured within the specified period.
28.3 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 grounds for termination without a cure period and without the occurrence of any of the other events of default previously listed):
28.3 .1 The Company makes or allows to be made any material written misrepresentation or provides any materially misleading written information in connection with this Contract, Company's Bid, or any covenant, agreement, obligation, term or condition contained in this Contract; or
28.3.2 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.
28.4 NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination of the 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.
28.5 OBLIGATIONS UPON EXPIRATION OR TERMINATION. Upon expiration or termination of this Contract, the Company shall promptly (a) return to the City all computer programs, files, documentation, data, media, related material and any other recording devices, information, or compact discs that are owned by the City; (b) provide the City with sufficient data necessary to migrate to a new vendor, or allow the City or a new vendor access to the systems, software, infrastructure, or processes of the Company that are necessary to migrate to a new vendor; and (c) refond to the City all pre-paid sums for Products or Services that have been cancelled and will not be delivered.
28.6 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 delivery of Products or 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.
28. 7 AUTHORITY TO TERMINATE. The City Manager or their designee is authorized to terminate this Contract on behalf of the City.
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28.8 TRANSITION 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, functions and operations provided by the Company hereunder to another provider or to the City as determined by the City in its sole discretion. The transition services that the Company shall perform if requested by the City include but are not limited to:
28.8.1 Working with the City to jointly develop a mutually agreed upon transition services plan to facilitate the termination of the Services; and
28.8.2 Notifying all affected vendors and subcontractors of the Company of transition activities;
28.8.3 Performing the transition service plan activities;
28.8.4 Answering questions regarding the products and services on an as-needed basis; and
28.8.5 Providing such other reasonable services needed to effectuate an orderly transition to a new system.
29. NO DELAY DAMAGES: Under no circumstances shall the City be liable to the successful Bidder for any damages arising from delay, whether caused by the City or not.
30. MULTIPLE CONTRACT AW ARDS. This Contract is not exclusive. The City reserves the right to award multiple contracts for the Products and Services required by this Contract if the City deems multiple Contracts to be in the City's best interest.
31. 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 activities of the other; (ii) constitute such parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking; (iii) make either party an agent of the other for any purpose whatsoever, or (iv) give either party the authority to act for, bind, or otherwise create or assume any obligation on behalf of the other. Nothing herein shall be deemed to eliminate any fiduciary duty on the part of the Company to the City that may arise under law or under the terms of this Contract.
32. 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 any of them 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 Work 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; or (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 a violation of any federal, state or local law, regulation or ordinance by the Company or any its subcontractors (including without limitation E-Verify or other immigration laws); or (v) arising from any claim that the Company or an employee or subcontractor of the Company is an employee of the City, Contract NO. 2019000318
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including but not limited to claims relating to worker's compensation, failure to withhold taxes and the like. For purposes of this Section: (a) the term "Indemnitees" means the City and each of the City's officers, officials, employees, agents and independent contractors (excluding the Company); and (b) 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) or any other legal theory or principle, in connection with an Infringement Claim.
City will defend, indemnify and hold harmless Company, its subsidiaries, parent Company and its and their officers, agents and employees, from and against all loss, liability, claim, action or expense, including reasonable attorneys' fees, by reason of bodily injury, including death, and property damage, sustained by any person or persons, including but not limited to employees of City, as a direct result of City's negligence or intentional misconduct in its maintenance, use, possession, storage, operation, erection, dismantling, servicing or transportation of the eqnipment.
33. INSURANCE. Throughout the term of the Contract, the Company shall comply with the insurance requirements described in this Section. In the event the Company fails to procure and maintain each type of insurance required by this Section, or in the event the Company fails to provide the City with the required certificates of insurance, the City shall be entitled to terminate the Contract immediately upon written notice to the Company.
The Company agrees to purchase and maintain the following insurance coverage during the life of the Contract with an insurance company acceptable to the City of Charlotte, authorized to do business in the State of North Carolina:
(C) 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 each occurrence/aggregate. (D) Commercial General Liability: Bodily injury and property damage liability as shall protect the successful Company and any subcontractor performing work under the Contract from claims of bodily injury or property damage which arise from performance of the Contract, whether such work is 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, services, completed operations, personal injury liability and contractual liability assumed under the indemnity provision of the Contract. (E) Workers' Compensation: Meeting the statutory requirements of the State of North Carolina and Employers Liability - $100,000 per accident limit, $500,000 disease per policy limit, $100,000 disease each employee limit, providing coverage for employees and owners.
The City shall be named as additional insured under the commercial general liability insurance for operations or services rendered under this Contract. 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 Consultant's operations under this agreement.
The Company and each of its subcontractors shall and does waive all rights of subrogation against the City and each of the lndemnitees, as defined in Section 5.1.
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The Company shall not commence any work in connection with the Contract until it has obtained all of the types of insurance set forth in this Form, and such insurance has been approved by the City. The Company shall not allow any subcontractor to commence work on its snbcontract until all similar insurance required of the subcontractor has been obtained and approved.
All insurance policies shall be with insurers qualified and doing business in North Carolina recognized by the Secretary of State and the Insurance Commissioner's Office. The Company shall furnish the City with proof of insurance coverage by certificates of insurance accompanying the Contract.
Certificates of all required insurance shall contain the provision that the City will be given (30) days written notice of any intent to amend or terminate by either the insured or the insuring company. All insurance certificates must include the City of Charlotte's contract number in the description field.
The City shall be exempt from, and in no way liable for any sums of money that 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.
34. 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 Non-Discrimination 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 clanse 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: (a) 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 (b) 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 Contract NO. 20190003 l 8
Vendor No. 20941
result in contract termination, disqualification of the Company from participating in City contracts and other sanctions.
35. COMPANY WILL NOT SELL OR DISCLOSE DATA. The Company will treat as confidential information all data provided by the City in connection with this agreement.
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 that contemplated by this agreement.
36. WORK ON CITY'S PREMISES. The Company will ensure that its employees and agents shall, whenever on the City's premises, obey all instructions and directions issued by the City's project manager with respect to work on the City's premises. The Company agrees that its personnel and the personnel of its subcontractors will comply with all rules, regulations and security procedures of the City when on the city's premises.
37. BACKGROUND CHECKS: The Company agrees that it has conducted or will conduct background checks on all personnel who will be working at the Charlotte service facility or delivering Products or Services under the Contract. The Company will conduct such background checks prior to the personnel commencing work hereunder, whether as part of the Company's standard pre-employment screening practices or otherwise. The Company will complete a background check on an annual basis for each person working at the Charlotte facility. Background check will include at a minimum:
a. Criminal records search,
b. Identification verification; and
c. Proof of authorization to work in the United States.
The Company agrees if any personnel does not meet the background qualifications, he/she shall not be assigned to perform services under this Contract. The Company will notify the City immediately if a background check reveals any conviction(s). If there is any question as to whether any personnel meets the background qualifications, prior to assignment of any Services under this Contract, the Company shall contact the City immediately.
38. DRUG-FREE WORKPLACE. The City is a drug-free workplace employer. The Company hereby certifies that it has or it will within thirty (30) days after execution of this Contract:
38.1 Notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of controlled substance is prohibited in the workplace and specifying actions that will be taken for violations of such prohibition;
38.2 Establish a drug-free awareness program to inform employees about (i) the dangers of drug abuse in the workplace, (ii) the Company's policy of maintaining a drug-free workplace, (iii) any available drug counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for drug abuse violations;
38.3 Notify each employee that as a condition of employment, the employee will (i) abide by the terms of the prohibition outlines in (a) above, and (ii) notify the Company of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction;
3 8.4 Impose a sanction on, or requiring the satisfactory participation in a drug counseling, rehabilitation or abuse program by an employee convicted of a drug crime; Contract NO. 2019000318
Vendor No. 20941
38.5 Make a good faith effort to continue to maintain a drug-free workplace for employees; and
38.6 Require any party to which it subcontracts any portion of the work under the contract to comply with the provisions of this Section.
A false certification or the failure to comply with the above drug-free workplace requirements during the performance of this Contract shall be ground for suspension, termination or debarment.
39. 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:
For The Company: For The Citv:
Jason Osterbeek Karen Ewing
Herc Rentals Inc. Procurement Management Division
27500 Riverview Center Blvd. 600 East Fourth Street
Bonita Sorings, FL 34134 Charlotte, NC 28202
Phone: 239-301-1157 Phone: 704-336-2992
Fax: 866-294-6490 Fax: 704-632-8254
E-mail: hercbids(alhercrentals.com E-mail: kewinoinlcharlottenc.gov With Coov To: With Conv To:
Cindy White
Senior Assistant City Attorney
600 East Fourth Street
Charlotte, NC 28202
Phone: 704-336-3012
Fax: 704-336-8854
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.
40. SUBCONTRACTING: The Company shall not subcontract any of its obligations under this Contract without the City's prior written consent. In the event the City does consent in writing to a subcontracting arrangement, Company shall be the prime contractor and shall remain fully responsible for performance of all obligations which it is required to perform under this Contract. Any subcontract entered into by Company sha!l name the City as a third party beneficiary.
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41. FORCE MAJEURE: Neither party shall be liable for any failure or delay in the perfonnance of its obligations pursuant to the Contract, and such failure or delay shall not be deemed a default of the Contract or grounds for termination hereunder if all of the following conditions are satisfied:
If such failure or delay:
A. could not have been prevented by reasonable precaution; B. cannot reasonably be circumvented by the non-performing party through the use of alternate sources, work-around plans, or other means; and C. 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.
An event that satisfies all of the conditions set forth above shall be referred to as a "Force Majeure Event." Upon the occurrence of a Force Majeure Event, the affected party shall be excused from any further performance of those of its obligations which are affected by the Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the affected party continues to use reasonable efforts to recommence performance whenever and to whatever extent possible without delay.
Upon the occurrence of a Force Majeure Event, the affected party shall promptly notify the other by telephone (to be confirmed by written notice within five (5) 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 fifteen (15) days, the City shall have the right to terminate the Contract by written notice to tbe Company.
Notwithstanding anything contained herein to the contrary, strikes, slow-downs, walkouts, lockouts, and industrial disputes of the Company or its subcontractors shall not constitute "Force Majeure Events" and are not excused under this provision. Nothing in the preceding Force Majeure provisions shall relieve the successful Company of any obligation it may have regarding disaster recovery, whether under the Contract or at law. 42 CONFIDENTIALITY.
42.1 DEFINITIONS. As used in this Contract, The te,m "Confidential Information" shall mean any information, in any medium, whether written, oral or electronic, not generally known in the relevant trade or industry that is obtained from the City or any of its suppliers, contractors or licensors which falls within any of the following general categories:
42.1.1 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 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.
42.1.2 Information of the City or its suppliers, contractors or licensors marked "Confidential" or "Proprietary."
42.1.3 Information relating to criminal investigations conducted by the City, and records of criminal intelligence information compiled by the City.
Contract NO.2019000318
Vendor No. 20941
42.1.4 Information contained in the City's personnel files, as defined by N.C. Gen.
Stat. I 60A-I 68. This consists of all information gathered by the City about employees, except for that information which is a matter of public record under North Carolina law.
42.1.5 Citizen or employee social security numbers collected by the City.
42.1.6 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.
42.1.7 Local tax records of the City that contains information about a taxpayer's income or receipts.
42.1.8 Any attorney I client privileged information disclosed by either party.
42.1.9 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.
42.1.10 The name or address of individual home owners who, based on their income, have received a rehabilitation grant to repair their home.
42.1.11 Building plans of city-owned buildings or structures, as well as any detailed security plans.
42.1.12 Billing information of customers compiled and maintained in connection with the City providing utility services
42.1.13 Other information that is exempt from disclosure under the North Carolina public records laws.
Categories 42.1.3 through 42.1.13 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: (a) all provisions in this Contract applicable to Confidential Information shall apply to Highly Restricted Information; and (b) 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 year prior to the date of this Contract.
42.2. RESTRICTIONS. Company shall keep the Confidential lnfonnation in the strictest confidence, in the manner set forth below:
42.2.1 Company shall not copy, modify, enhance, compile or assemble ( or reverse compile or disassemble), or reverse engineer Confidential Infonnation, except as authorized by the City in writing.
42.2.2 Company shall not, directly or indirectly, disclose, divulge, reveal, report or transfer Confidential Information to any third patty, other than an agent, subcontractor or vendor of the City or Company having a need to know such Confidential Information for purpose of perfonning work contemplated by written agreements between the City and the Company, and who has executed Contract NO. 2019000318
Vendor No. 20941
a confidentiality agreement incorporating substantially the form of this the Contract. Company shall not directly or indirectly, disclose, divulge, reveal, report or transfer Highly Restricted to any third party without the City's prior written consent.
42.2.3 Company shall not use any Confidential Information 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 beiug disclosed.
42.2.4 Company shall not remove any proprietary legends or notices, including copyright notices, appearing on or in the Confidential Information.
42.2.5 Company shall use reasonable efforts (including but not limited to seeking injunctive relief where reasonably necessary) to prohibit its employees, vendors, agents and subcontractors from using or disclosing the Confidential Information in a manner not permitted by this Contract.
42.2.6 In the event that any demand is made in litigation, arbitration or any other proceeding for disclosure of Confidential Information, 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.
42.2. 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.
42.2.8 Company shall restrict employee access to the Confidential Information to those employees having a need to know for purposes of their jobs.
42.2.9 Company shall take reasonable measures to prevent the use or disclosure of Confidential Information by its employees in a manner not pennitted by this Contract. The Company shall have each of its employees who will have access to the Confidential Information sign a confidentiality agreement which provides the City and its vendors, licensors, subcontractors, employees and taxpayers the same level of protection as provided by this Contract.
42.3 EXCEPTIONS. The City agrees that Company shall have no obligation with respect to any Confidential Information thatthe Company can establish:
42.3.l Was already known to Company prior to being disclosed by the City;
42.3.2 Was or becomes publicly known through no wrongful act of Company;
42.3.3 Was rightfully obtained by Company from a third party without similar restriction and without breach hereof;
42.3.4 Was used or disclosed by Company with the prior written authorization of the City;
42.3.5 Was disclosed pursuant to the requirement or request of a governmental agency, which disclosure cannot be made in confidence, provided that, in such instance, Company shall first give to the City notice of such requirement or request;
42.3.6 Was disclosed pursuant to the order of a court of competent jurisdiction or a lawfully issued subpoena, provided that the Company shall take Contract NO. 2019000318
Vendor No. 20941
reasonable steps to obtain an agreement or protective order providing that this Contract will be applicable to all disclosures under the court order or subpoena.
44. MISCELLANEOUS
44.1 ENTIRE AGREEMENT. This Contract, including all Exhibits and Attachments constitute the entire agreement between the parties with respect to the subject matter herein. 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.
Notwithstanding the forgoing, the parties agree that the !TB and the Bid are relevant in resolving any ambiguities that may exist with respect to the language of this Contract
44.2 AMENDMENT. No amendment or change to this Contract shall be valid unless in writing and signed by the party against whom enforcement is sought. Amendments that involve or increase in the amounts payable by the City may require execution by a Department Director, the City Manager, or an Assistant City Manager; depending on the amount. Some increases may also require approval by City Council.
44.3 GOVERNING LAW AND mRISDICTION. North Carolina law shall govern the interpretation and enforcement of this Contract, and any other matters relating to this Contract (all without regard to North Carolina conflicts of law principles). All legal actions or other proceedings relating to this Contract shall be brought in a state or federal court sitting in Mecklenburg County, North Carolina. By execution of this Contract, the parties submit to the jurisdiction of such 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.
44.4 BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties and their successors and permitted assigns. Neither party may assign this Contract without the prior written consent of the other. Any assignment attempted without the written consent of the other party shall be void. For purposes of this Section, a Change in Control, as defined in Section 42.8 constitutes an assignment.
44.5 SEVERABILITY. The invalidity of one or more of the phrases, sentences, clauses or sections contained in this Contract or the Exhibits shall not affect the validity of the remaining portion of this Contract or Exhibits so long as the material purposes of this Contract can be determined and effectuated. If any provision of this Contract or Exhibit 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.
44.6 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 without the prior written consent of the City.
Notwithstanding the forgoing, the parties agree that the Company may list the City as a reference in responses to requests for proposals, and may identify the City as a customer in presentations to potential customers.
44. 7 W AIYER. 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 Contract NO. 2019000318
Vendor No. 20941
power. A waiver by either party of any covenant or breach of this Contract shall not 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.
44.8 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 days of the occurrence of a change in control. As used in this Contract, the tenn "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 fifty-one percent (5 l %) 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.
44.9 NO BRIBERY. The Company certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the forgoing has bribed or attempted to bribe an officer or employee of the City in connection with this Contract.
44.10 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 work.
44.1 l TAXES. The Company shall pay all applicable federal, state and local taxes which may be chargeable against the Products and/or Services.
44.12 SURVIVAL OF PROVISIONS: Those Sections of the Contract and the Exhibits, which by their nature would reasonably be expected to continue after the termination of the Contract shall survive the termination of the Contract, including but not limited to the following:
Section 3
Section 13
Section 14
Section 22
Section 27
Section 28
Section 32
Section 33
Section 39
Section 43
Section 44
"Term"
"General Warranties"
Contract NO. 20190003 I 8
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"Additional Representations and Warranties"
"Guarantee"
"Other Remedies"
"Termination"
"Indemnification"
"Insurance"
"Notices"
"Confidentiality"
"Misce11aneous"
44.13 NON-APPROPRIATION OF FUNDS. If City Council does not appropriate the funding needed by the City to make payments under this Contract for a given fiscal year, the City wi11 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 non-appropriation and this Contract wi11 be terminated at the end of the last fiscal year for which 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.
44.14 NC REQUIRED TERMS. The fo11owing terms are incorporated into this Contract for compliance with state law:
44.14.1 E-VERIFY. Company shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, and sha11 require each of its subcontractors to do so as well.
44.14.2 NC Prohibition on Contracts with Company 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 oflsrael (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 a11 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 tenn of this Contract.
44.15 PRE-AUDIT. No pre-audit certificate is required underN.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 Contract NO.2019000318
Vendor No. 20941
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."
45. CITY'S RESPONSIBILITIES. City must return the equipment to Company in the same good and clean condition it was in when City received it, ordinary wear excepted. The equipment must be returned to Company at the Company branch from which it was rented.
City acknowledges that it must confirm return receipt of the equipment by Company at the time the equipment is returned. Until such time as Company receives actual possession of the equipment, City agrees to hold said equipment in a safe and secure manner. City shall notify the renting branch by telephone or fax, prior to any equipment movements between City's job sites. The equipment will be used only in accordance with the manufacturer's instructions within its rated capacity.
City will promptly notify Company of any accident, damage or failure involving the equipment and will reasonably cooperate with Company in gathering information in connection therewith. City will perform or cause to be performed lubrication and readiness checks of the equipment, including but not limited to: checking of the equipment before each shift; checking and maintaining crankcase, transmission, cooling and fluid systems daily; and checking tire pressure and battery fluid and charge levels weekly. If the equipment fails to operate properly or becomes in need of repair, City will immediately cease using same and will immediately notify Company. City further agrees, at City's sole cost and expense, to secure and maintain in force during the entire tenn of the Rental Documentation insurance that meets the requirements set f011h herein for the benefit of Company.
Company agrees to provide the equipment to City with full fuel tanks. City may return the equipment with full fuel tanks(s) or allow Company to refuel the equipment. If City returns the equipment with the fuel tank(s) less than full, City will pay to Company a sum equal to Company's then-applicable refueling service charge posted at the Company branch where the equipment is returned for the number of gallons required to refill the tank(s) at the time of return.
46. RISK OF LOSS: All loss of or damage to the equipment, unless such loss or damage results from a latent defect(s) or fault or negligence on the part of Company, while on rental and in City's care, custody or control, including, but not limited to, fire, flood, theft, comprehensive losses, collision and rollover, and Acts of God, will be the responsibility of City and will be paid to Company promptly upon City's receipt of an uncontested, itemized invoice therefor. Such responsibility is limited to:(]) reasonable repair cost; or, (2) the fair market value of the equipment at the time it is lost or damaged, less its salvage value. The cost of labor for such repairs will be either supplier's then prevailing reasonable hourly rate for labor, posted at the supplier branch where the equipment is to be repaired, or the repairer's reasonable hourly rate for labor charged to supplier for such repairs, as the case may be. Parts will be charged to City at Company's cost as reasonably charged to Company by the supplier or repairer, as the case may be. Use of the equipment by persons other than as provided for herein will be at City's sole risk. City and any Authorized Operator hereby assume all risk of loss or damage and waive all claims against Company by reason of any property left, or stored, by City or any other person in or upon the equipment.
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47. LIMITATION OF LIABILITY: the parties agree that the maximum liability to which either party may be liable or responsible to the other party or any third party for any loss, damage or injury caused by, resulting from or in any way connected with the equipment and/or this contract shall be the total rental charges paid or payable by city under this contract. Both parties waive any and all consequential, indirect, special and punitive damages. This limitation of liability shall not apply to either party's indemnification obligations hereunder.
[Signature Page Follows]
Contract NO. 2019000318
Vendor No. 20941
IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this Contract to be executed on the date first written above.
BY: ~
COMP~RF.NfALlll<C. ~
PRINT N::: ~sterbeek
TITLE: Vice President
DATE: 9-11-18
CITY OF CHARLOTTE: CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE RISK MANAGEMENT DIVISION
BY:
PRINT NAME: o.bn'ri a_ _J°p,. .-,{-Jo
TITLE: 72&fu.-ta Cc:1cJ: ~
DATE: ( {) /1 b 8"'
Exhibit A
Contract NO. 2019000318
Vendor No. 20941
Discount Structure, Market Basket Pricing, Additional Fees and Incentives This Discount Structure, Market Basket Pricing, and Additional Fees are an Exhibit to and is incorporated into !he Contract between the City of Charlotte and Herc Rentals Inc. ("the Contract"'). Capitalized terms not defined in this Exhibit shall have the meanings assigned to such terms in the Contract.
Company must maintain the following fixed percentage discounts off the Company's most current published price list for the life of the Contract. All charges by the Company to the City and/or any Participating Public Agency must not exceed the pricing included in this Exhibit.
The rebate structure offered by the Company will go into effect on January I, 2019 for the calendar year 20 19.
Participating Public Agencies (PPA) can elect to sign the Company's Platinum Pricing Program Agreement under which the PPA will be offered selective pricing levels by the Company in return for PP A's promise to rent equipment exclusively from the Company during the term of the contract, subject to laws and regulations controlling in the PP A's jurisdiction.
HercRenta/s"'
Rebates
We have added additional value to the program by offering a volume incentive rebate, effective January I, 2019 to all PPA's as follows:
• $50,000 to $100,000 = 0.5%
• $100,001 to $250,000 = 1.0%
• $250,001 to $500,000 = 1.5%
• $500,001 to $750,000 = 2.0%
• $750,00 I to $1,000,000 = 2.5%
• $1,000,00!+ = 3.0%
PPAs will be eligible for this rebate beginning on January I, 2019, and will be paid within ninety (90) days or sooner of calendar year end. Any agency that starts the program after the first of the year will be prorated. The program will reset every year on January !st.
To receive the volume incentive the PPA must be in good credit standing with Herc and up to date with their payables.
Additional Savings
Herc is providing additional cost savings by removing our Environmental and Emissions Surcharge which equates to approximately 2% of every transaction and a cost Herc incurs to meet the highest standards of equipment and service. Herc is also waiving the vehicle licensing fee which saves customers up to $2.50 per day and absorbing the transportation surcharge as part of our delivery fees, equating to a 6% savings.
Emergency Response
Throughout our history, we have been heavily involved with disaster preparedness and relief; most recently, before, during and after Hurricane Harvey and Hurricane Irma. As a disaster event occurs or is anticipated, Herc actively monitors the situation and mobilizes equipment in preparation for response and relief efforts. Our presence in the affected areas will deliver power generation, climate control, dehumidification and water removal, as well as other solutions, depending on the event.
In the event of a disaster and due to our Jong-standing relationship, Herc will honor the contractual pricing for our standard single shift. Double and triple shifts will be billed accordingly based on customer needs. Herc, in reflecting our partnership throughout the years will not mandate a minimum duration, which is standard in the industry.
44 Exhibit B
Scope of Services
Contract NO.2019000318
Vendor No. 20941
This Scope of Services is an Exhibit to and is incorporated into the Contract between the City of Charlotte ("City") and Herc Rentals Inc. ("the Contract"). Capitalized terms not defined in this Exhibit shall have the meanings assigned to such terms in the Contract.
2.1 General Scope
The Company shall provide Rental Equipment and Services to the City and Participating Public Agencies ("PPA") that elect to use this Contract.
Participating Public Agencies may bave additional specific requirements tbat might not be a requirement of the City. The Company agrees to provide additional information or documentation to Participating Public Agencies as may be required per the Master Intergovernmental Cooperative Purchasing Agreement (between the City and the PPA). The Company agrees to comply with additional state, or local laws and policies of the individual Participating Public Agencies.
2.2 Product Standards and Service Level Requirements
All Products offered must be the latest design and technology. It is essential that all Equipment Rentals and Related Products and Services be in compliance with all current and applicable ASTM Standards and other applicable laws and regulations in the state of North Carolina or in accordance with the laws and applicable purchasing policies of the State and locality where the Participating Public Agencies exists.
2.2.1 Any equipment rented shall be guaranteed to be fully functional and capable of performing the task(s) it was designed to perform under the manufacturer's guidelines. All safety equipment and all associated attachments shall be in place and functioning per the manufacturer's design.
Any equipment not fi.mctioning properly, or becoming non-functional during operation, shall be picked up and replaced by the Company at no additional charge to the PPA during the rental period. Routing repairs not caused by misuse of the equipment shall be provided at no additional cost to the PPA.
2.2.2 At the time the PPA takes possession of the equipment, the Company shall provide information regarding current condition and any visual, pre-existing damage to the equipment. The Company and the PPA will review the equipment condition at the point of delivery as well as at the point of return.
No rental fees shall be charged to a PPA without the signed receipt of acceptance of the equipment.
2.2.3 The proposal response shall include a sample of any service agreement or contract that the PPA will be required to sign. The service Agreement shall clearly indicate and describe any and all charges that will be assessed at time of rental. Documents produced for signature after an award is made, which were not submitted with the proposal response, will not be considered or made part of any Contract that results from this solicitation.
2.2.4 At the time of any rental of equipment under the terms of the resulting Contract, PPA representatives may sign the Company's standard Rental Agreement/Delivery Ticket as evidence of receipt of the equipment. PPA representatives accepting equipment will not be authorized to obligate or Contract NO. 2019000318
Vendor No. 20941
bind the respective agency to contractual terms and conditions; therefore, signature on a Rental Agreement/Delivery Ticket is solely an acknowledgement of receipt of the equipment. Any pre-printed terms on the Rental Agreement/Delivery Ticket shall govern the rental transaction only to the extent the terms are not in addition to, or in conflict of, the terms of the Master Agreement which shall govern all transactions between parties.
2.3 Optional Purchase of Equipment
2.3.1 Purchase of New Equipment: All purchases of new equipment shall be new, unused, fully functional and capable of performing the task(s) it was designed to perform under the manufacture's guidelines. All available manufacturers' warranties shall apply. No cost may be charged to a PPA without a signed receipt of acceptance of the equipment.
2.3.2 Purchase of Used Equipment: All used equipment shall be fully functional and capable of performing the task(s) it was designed to perform under the manufacturer's guidelines. All available manufacturers' warranties shall apply. No cost may be charged to a PPA without a signed receipt of acceptance of the equipment. All safety equipment/attachments will be in place and functioning per the manufacturer's design. Any visual or pre existing damage to the equipment shall be clearly defined in writing and signed off on by the PPA making the purchase. The supplier and the PPA will review the equipment condition at point of delivery. No fees may be charged to a PPA without a signed receipt of acceptance of the equipment.
2.3.3 Purchase: Company shall provide a discount off of a catalog, published retail list or manufacturer's list price for the purchase of new or used equipment. The purchase discounts offered to the Lead Public Agency and Participating Public Agencies for all categories included as Attachment 1 - Purchase Discounts (fifth tab).
2.3.4 Rebates: Please include any rebates offered to Lead Public Agency and Participating Public Agencies.
2.3.5 Additional Fees
Company shall provide prices for all additional fees provided as Attachment 1 - Additional Fees (second tab) to include, but not limited to:
1. Company must specify all delivery, setup, pickup and related fees.
2. Other fees, such as insurance, environmental recovery, cleaning, refueling or any other fees must be clearly identified.
2.4 Price Adjustments.
All proposed pricing shall remain firm for the first year of the subsequent Contract (through December 31, 2019). Company may request price increases 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 Procurement Management along with documentation of bona fide materials and labor increases for the cost of Products. No adjustments 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.
2.5 New Products and Services
New Products and Services may be added to the Contract during the term of the Contract by written amendment, to the extent that those Products and Services are within the scope of this Contract and include, but will not be limited to, new Product added to the Contract NO. 2019000318
Vendor No. 20941
Manufacturer's listing offerings, and services which reflect new technology and improved functionality. All requests are subject to review and approval of the City of Charlotte.
2.6 Training
The Company shall provide all operational and safety trammg associated with any equipment included in the resulting Contract. This includes any OSHA required certifications or licenses associated with rental of provided equipment. The Proposal response shall include a complete description of training (methods of delivery, available locations, duration, content, etc.) along with pricing structure for each.
2.7 Installation
All Products provided under this Contract that require assembly and installation should be performed by the awarded Company's certified installers. All installation work must meet the manufacturer's specifications and industry standards.
2.8 Safety
Company and installers or subcontractors performing services for the City shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and 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.
2.9 Delivery
Company will be responsible for the delivery, setup and pickup of all equipment to the City or Participating Public Agencies in compliance with agreed upon Contract terms.
Timely delivery is important to the City and Participating Public Agencies.
2.10 Optional Work
Company will be required to provide quotations on a case-by-case basis for optional related work as may be required to provide a full turnkey solution to Participating Public Agencies.
2.11 Reports
Company must maintain all records in compliance with federal and state regulations. A statistical report and an annual tabulated report must be submitted electronically to the City upon request.
2.12 Prevailing Wages
Company must comply with the prevailing wage requirements of each state. Please include any exceptions to this requirement in your proposal response, per Section 2.6.12 of this RFP.
Exhibit C
Charlotte Business INCiusion Program
Charlotte Business INCiusion Program
Contract NO. 2019000318
Vendor No. 20941
Pursuant to Charlotte City Council's adoption of the Charlotte Business INCiusion (CBI) Policy, the CBI program promotes diversity, inclusion, and local business opportunities in the City's contracting and procurement process for Minority, Women, and Small Business Enterprises (MWSBEs) headquartered in the Charlotte Combined Statistical Area (CSA). The CBI Policy is posted at: www.charlottebusinessinclusion.com.
The City is committed to promoting opportunities for maximum participation of certified MWSBEs on City funded contracts at both the Prime and Subcontract level. For MWSBE participation to count towards a Goal, MWSBEs must meet both the certification and geographic requirements as detailed throughout this solicitation and in the CBI Policy.
Company is required to provide an MWSBE Participation Plan, describing your approach and past history with MWSBE utilization. The Participation Plan should include at a minimum the following elements:
• Identify MWSBE vendors you propose to use on the project; • Identify outreach efforts that will be employed by the Company to maximize MWSBE inclusion throughout the life of the project;
• Identify specific scopes of work to be performed by MWSBEs; • Document the overall percentage to be committed to MWSBEs; and • Describe your approach and past history utilizing MWSBEs (include a list of past projects and your MWSBE utilization on said projects).
• The City has established the following MWSBE Goals for all development, planning, design, consulting, pre-construction and construction work, and for any other work, services and products provided on the Project:
This Contract has an aggregate MWSBE Goal of I 0% for the City of Charlotte usage estimated to be $800,000 annually: The total work performed by MWSBEs in the aggregate.
Subcontracting
The Company given contract award shall be the prime contractor and shall be solely responsible for contractual performance. In the event of a subcontracting relationship, the Company shall remain the prime contractor and will assume all responsibility for the performance of the Services that are supplied by all subcontractors. The City retains the right to approve all subcontractors. •
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~~LUSION
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Section 6
Required Forms
REQUJRED FORM 5-M/WISBE PARTICIPATION PLAN
RFP # 269-2018-047
Equipment Rentals and Related Products and Services
The City maintains a strong com1'nitment to the inclusion of MWSBEs in the City's contracting and procurement process. Con.ipanies responding to this RFQ are required to provide an MWSBE Participation Plan as outiined in Section 1.6.6 along with this required Form 4.
The City has established the following MWSBE Goals for all development, planning, design, consulting, pre-construction and construction work, and for any other work, services and products provided on the Project:
• Aggregate MWSBE Go'\110% for City of Charlotte usage estimated to be $800,000 annually. ·
A list of current registered and certified MWSBEs can be found at:
www.charlottebusinessinclusion.cbm.
;
Please indicate if your company is any of the following:
MBE WBE ~~SBE
r-l-~ ::1~H:~.§lit, .. if[?,/1t): ~\, ~··:il{itt:"·. ·. .i;':tt.<'t·i"\: t: ·"*it)·. ~ /:;?~·, V,f~\:.,,,,. I'~~~~-,'"'',."-'~•"'·•\':}- · 1 -r,, ··-- ~--'"' ~ " , :.-,.. "'.;.:- ", · '""' .,, "' ii' 't ~~-'~ ~J t ~~>cry«,.,~c~ 'iJ;tfi!Jf'I i~rtf/J!&r,.tJ/j.:{J/-:i'Yi1fl1t:f]t"ff!]J;f~'-1171h{iJ!J.v]fpJ,,~ •' t "· .,,. :t ' s.,;;],,,: J~, ~ "· ,;t·-a <.~ >' ~-,-'"' f'1.:'' :;>t~·-. :,,~ • ----~-... r ·--'"l •. ct , _ ... ,,,« i,..., , ·,,, ~f~,,-,,.,.,, N ij'' ~~..o.!.; \ . .:;-~!.;'it~ .,.,,;,-:._..-_,\."l'- '_,, ~ -;,'._..--!-.,, ·-·-:. 1K '\ - ' ,~·-,-,.1 .. '-t·<·,'-··-~ 0 .... ~,,.~ ~~;;,!;' c,~;,.-~!.>-t.: \:.~.:., •• ,.t.t~ ~~
Firm Name Streeter Trucking
Work to be Performed
'
Equipment Hauling
Dollar Amount ' $25,000
Firm Name Shoreline Trucking
Work to be Performed Equipment Hauling
Dollar Amount $25,000
Firm Name EASTWAY WRECKER SERVICE, INC.
Work to be Performed Equipment Hauling
RFP #269-2018-047 Rental Equipment
15 •
•
•
Dollar Amount
Firm Name
Work to be Performed
Dollar Amount
Firm Name
Work to be Performed
Dollar Amount
$25,000
RW Trucking, Inc
I Equipment Hauling
: $25,000
, Murphy Law Trucking, LLC
I Equipment Hauling
i25,000
Section 6
Required Forms
Company Name: _rH1Je,iri:;c_rR:11e,in1i!ae1Jli,;s.1;lunc,.,,_ ____________________ _ Representative (signed):~~
(p/1( /ii>) 0 ~ Jason Oosterbeek
Date I · Representative Name
RFP #269-2018-047 Rental Equipment
16 Contract NO. 2019000318
Vendor No. 20941
CBI FORM 4 - Letter of Intent
Coalnlc:tCeodsorServtca: Citywide Drug and Alcohol Testing Services To be completed by th~ Prime Company:
Name of Prime Company: Herc Rentals Inc. Vendor#:
Address: 27500 Riverview Center Blvd 8o"'ita Snrin"'s J:L 34134 Contact Person: ~ ........... Revburn Email: area.revburnfn'lhercrentals.com Telenhone: 617-417-3736 Fax: 866-294-6490
Identify in complete details the goods or services to be provided by the MWSBE Subcontractor:
Subcontractors to provide hauling services.
Value of the goods or services committed to be purchased from the MWSBE Subcontractor: $ -------- To be completed by MWSBE Subcontractor:
. ' ...
~ ..
Name ofMWSBE: James Streeter Truckina Vendor#:
Address: 6824 Old "'ate•ville Rd "hariotte N" ~0 21a9
Contact Person: James Streeter Email: [email protected] Tel .... hone: (704 \ 509-1250 Fax:
Value oft he goods or services committed to be purchased from the MWSBE Subcontractor: $.0 2~5=0,.0,,0~---- To be completed by MWSBE Subcontractor.
Name of M WSBE:
Address:
Contact Person:
Tel hone: (704) 526-7074 Fax:
Value of the goods or services committed to be purchased from the MWSBE Subcontractor: $.0 2~5=00,0,,0~---- •.rp'bii completed by MWSBE Sub~ontrl!dor:
.·
<,. -.,
Name ofMWSBE: Eastwav Wrecker Service Inc Vendor#:
Address: ~on< c, .. ~ ••~ nnnnn
Contact Person: Karen Email: [email protected]
Tel--hone: (704) 393-3027 Fax:
Upon execution of a Contract with the City for the above referenced goods or services, the Prime Company certifies that it intends to utilize the MWSBE listed above, aad that the description and value of work to be performed by the MWSBE b
,
;
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7 Scanned with CamScanner
Contract NO. 2019000318
Vendor No. 20941
Subcontractor de5cribed above is accurate. The MWSBE Subconeracwr certifies lhat it has agreed to provide such goods or services for lhe amount stated above.
Prime
Contractor:
MWSBE
Subcontractor.
MWSBE
Subcontractor.
MWSBE
Subcontractor.
Scanned with CamScanner
Contract NO. 2019000318
Vendor No. 20941
CBI .FORM 4 - Letter of Intent
Contract Goods or Services: Citywide Dru& and Alcohol Testing Services To be completed by·the-Prime Company:
Name of Prime Cotnpany: Herc Rentals Inc. Vendor#:
Address: 27500 Riverview Center Blvd Bonita Sorinas. FL 34134 Contact Person: Grea Revburn Email: nren.revburn"'"hercrentals.com Telephone: 617-417 -3736 Fax: 866-294-6490
Identify ill complete details the goods or services to be :provided by the M\VSBE Subcontractor:
St1bcontractor ta provide a11tomotive seruices
Value of the goods or services committed to be purchased from the :MWSBE Subcontractor: $ _______ _ To be· completed brll!PSBE Subcontractor:
Nome of MWSBE: Cook Truck Equipment & Tools Inc. Vendor#: f7l.'1-~L:;" Address: 2517 Starita Road, Charlotte, NC 28269
Contact Person: Joy Cook Email: [email protected] Telcohone: (704 3 <l? - I.fl 08 Fax: 7o'-i • 3.9'f-S4"!5' Vah1eofthe goods or services committed to be purchased from the MWSBE Subcontractor: $_,2s,5.,,.,0"0"0'------ To be completed byMWSBE s·ubcontractor:
Name ofMWSBE: Vendor#:
Address:
Contact Person: Eniail:
Telephone: ( ) Fax:
Value of the goods or services committed to be purchased from the MWSBE Subcontractor: .$~2~5=0~0~0~---- To be completed by MWSBE Subwntractor:·
Name of MWSBE: Vendor#:
Address:
Contact Person; Email:
Telephone: ( ) Fax:
Upon execution of a Contract with the City for the above referenced goods or services, the Prime Company certifies thot it intends to utUize the MWSBE listed above, and that the description and value of work to be performed by the MWSBE ContractNO. 20190003!8
Vendor No. 20941
Subcontractor described above is accurate. The MWSBE Subcontractor certifies that lt has agreed to provide such goods or seCTices for the amount stated above.
Prln1e
Contractor:
-SEE
Subcontractor:
~~~--=~-------------- Date:
Signature and Title
fi!d&;~Date
" Signature and Title
W.T. C4't> k. Cook Truck Equipment & Tools Inc.
MWSBE
Subcontractor:
MWSBE
Subcontractor:
--------------------- Dnte:
Signature and Title
Date:
Signature and Title ,
q/;q/-;,o;6
~ALUSION ~~-~-
Contract NO. 2019000318
Vendor No. 20941
CBI FORM 4 - Letter oflntent
Contract Goods or Services: Citywide Drug and Alcohol Testing Services To be completed by the Prime Company:
Name of Prime Company: Herc Rentals Inc. Vendor#:
Address: 27500 Riverview Center Blvd Bonita Sorinas FL 34134 Contact Person: Grea Revburn Email: [email protected] Teleohone: 617-417-3736 Fax: 866-294-6490
Identify in complete details the goods or services to be provided by the MWSBE Subcontractor:
s, 1bcantractac ta provide a11tomotive services
Value of the goods or services committed to be purchased from the MWSBE Subcontractor: $ ________ _ To be completed by MWSBE Subcontractor:
Name ofMWSBE: Donald Gardne(s Paint & Body, Inc. Vendor#: "1L/Oi'-H Address: 3300 Beam Rd, Charlotte, NC 28217 .
Contact Person: Susan Gardner Email: [email protected]
Telephone: (704) 527-4739 Fax:
Value of the goods or services committed to be purchased from the MWSBE Subcontractor: $~2~5-0-0-0~---- To be completed by MWSBE Subcontractor:
Name ofMWSBE: Vendor#:
Address:
Contact Person: Email:
Telephone: ( ) Fax:
Value of the goods or services committed to be purchased from the M\VSBE Subcontractor: $~2~5=0~0~0~---- To be completed by MWSBE Subcontractor:
NameofMWSBE: Vendor#:
Address:
Contact Person: Email:
Telephone: ( ) Fax:
Upon execution of a Contract with the City for the above referenced goods or services, the Prime Company certifies that it intends to utilize the MWSBE listed above, and that the description and value of work to be performed by the MWSBE ContractN'0.2019000318
Vendor 1'10. 20941
Subcontractor described above is accurate. The MWSBE Subcontractor certifies that it has agreed to provide such goods or services for the amount stated above.
Prime
Contractor:
MWSBE
Subcontractor:
MWSBE
Subcontractor:
MWSBE
Subcontractor:
---------------------- Date:
Signature and Title
gnature and Title
Donald Gardners Paint & Body, Inc.
---------------------- Date:
Signature and Title
Date:
Signature and Title .
Contract NO. 20190003 !8
Vendor No. 20941
=~·~Qtt -----CBI FORM 6: Payment Affidavit of Subcontractor Utilization The Company shall submit this form monthly detailing aggregate payments to MWSBE Subcontractors.
Prime Company Name: ______________ _ Contract#: ____________ _ Contract Goods or Services:--------------------------------- Payment Period: ______ to ________ _
City Department(s): --------------------------------
Certification Description of # of
Subcontractor (MBE, WBE, Vendor# Work Payments Payment Total and/or SBE) Performed this Period
Please indicate the total amount invoiced to the City during this period:$ _________ _ The undersigned Company certifies the preceding chart is a true and accurate statement of all payments that have been made to MWSBE subcontractors on this Contract, and that all Suppliers providing goods under this contract have been listed in the Sales Tax Statements submitted to the City in connection with this Payment Affidavit. If no subcontractors or suppliers are listed on the preceding chart or Sales Tax Statements, the Company certifies that no subcontractors or suppliers were used in performing the Project/Contract for the payment period indicated. Failure to provide accurate and truthful information is a violation of the Charlotte Business INCiusion Policy and may result in the sanctions prescribed therein.
This day of 20
Signature Print Name and Title
Section 6
Required Forms
REQUIRED FORM 8-NON-DISCRIMINATION PROVISION
RFP #269-2018-047 Equipment Rentals and Related Products and Services All requests for Bids or Proposals issued for City Contracts shall include a certification to be completed by the Bidder or Proposer in substantially the following form:
The undersigned Bidder or Proposer hereby certifies and agrees that the following information is correct:
I. In preparing it's the enclosed Bid or Proposal, the Bidder or Proposer has considered all Bids and Bids submitted from qualified, potential subcontractors and Company, and has not engaged in discrimination as defined in Section 2.
2. For purposes of this Section, discrimination means discrimination in the solicitation, selection, or treatment of any subcontractor, vendor or supplier on the basis of race, ethnicity, gender, age or disability or any otherwise unlawful form of discrimination. Without limiting the foregoing, discrimination also includes retaliating against any person or other entity for reporting any incident of discrimination.
3. Without limiting any other remedies that the City may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the City to reject the Bid or Proposal submitted with this certification, and terminate any Contract awarded based on such Bid or Proposal It shall also constitute a violation of the City's Commercial Non Discrimination Ordinance and shall subject the Bidder or Proposer to any remedies allowed thereunder, including possible disqualification from participating in City Contracts or Bid processes for up to two years.
•
4. As a condition of Contracting with the City, the Bidder or Proposer agrees to promptly provide to the • City all information and documentation that may be requested by the City from time to time regarding the solicitation and selection of Company and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information shall constitute grounds for the City to reject the Bid or Proposal and to any Contract awarded on such Bid or Proposal. It shall also constitute a violation of the City's Commercial Non-Discrimination Ordinance, and shall subject the Bidder or Proposer to any remedies that are allowed thereunder.
5. As part of its Bid, or Proposal, the Bidder or Proposer shall provide to the City a list of all instances within the past ten years where a complaint was filed or pending against Bidder or Proposer in a legal or administrative proceeding alleging that Bidder or Proposer discriminated against its subcontractors, vendors or suppliers, and a description of the status or resolution of that complaint, including any remedial action taken.
6. As a condition of submitting a Bid to the City, the Bidder or Proposer agrees to comply with the City's Commercial Non-Discrimination 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.
NAME OF COMPANY: ~H=er~c~R~e~n~ta~l~s~ln~c~. ____________ _ BY: Jason Oosterbeek TITJ;E: Vic~ident
SIGNATURE OF AUTHORIZED OFFICIAL: ~Z:i~~ c£____ -=:::::::::'\~ DATE: ~---'<'~~f~-z~{1-/~~7c,~/~t ___ /_. __________ _
RFP #269-2018-047 Rental Equipment
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Section 6
Required Forms
REQUIRED FORM 9 - DEBARMENT CERTIFICATION
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY
MATTERS
The bidder, or service provider, as appropriate, certifies to the best of its knowledge and belief that neither it nor any of its officers, directors, managers who will be working under this Contract or persons or entities ho}djng a greater than 10% equity interest in it (collectively "Principals"):
I. Are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department or agency in the United States;
2. Have within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract; violation of federal or state anti-trust or procmernent statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are presently indicted for or otherwise criminally or civilly charged by a government entity, (federal, state or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; and
4. Have within a three year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default.
I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award or in some instances, criminal prosecution .. [Select one of the options below by checking associated box and completing associated blanks.]
00 Option I: I certify to all of the above statements .
COMPANY NAME: Herc Rentals Inc.
BY: ----:"',<'--"-/=,~~--<aG-~=-·~~--::r::::3::=------=== (s;gn/eJ,/
PRINT NAME: Jason Oosterbeek
TITLE: Vice President
DATE: -~(_.,,_o+-/-'--'7_,_f-1/__.,'Z""'o--'-'/ 4'."' __ _ O Option 2: I cannot certify to one or more the above statements. Attached is 1ny explanation.
COMPANY NAME: _______ _
BY: _____________ _
(signature)
PRINT NAME: _________ _
TITLE: ____________ _
DATE: ___________ _
Note: If unable to certify (Option 2 is selected}, the bidder or service provider may still be awarded depending upon the explanation offered .
RFP #269-2018-047 Rental Equipment
20 Exhibit D
Federal Contract Terms and Conditions
Contract NO. 2019000318
Vendor No. 20941
This Exhibit is attached and incorporated into the Contract to Provide Equipment Rentals and Related Products and Services (the "Contract") between the City of Charlotte and Herc Rentals Inc. ("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.
I. 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.
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 vendor will retain all records as required by 2 CFR § 200.333 for a period of three 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. 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 l:.S.C. 1352). Company certifies that:
a. 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 Contract NO.2019000318
Vendor No. 20941
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. b. 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 Fonn-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). c. 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.
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 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 40 hours in the work week. These requirements do not apply to the purchases of supplies or materials or aiticles 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.
AC~" CERTIFICATE OF LIABILITY INSURANCE I
OATE(MM/DDIYYYY)
I.-.---'
09/10/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Aon Risk Services south, Inc. PHONE (866) 283-7122 I f..ifc. No.): (800) 363-0105 Charlotte NC office (A/C. No. Ext}:
1111 Metropolitan Avenue,
Charlotte NC 28204 USA
suite 400 E"MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC#
INSURED INSURER A: ACE Property & Casualty Insurance Co. 20699 HERC Rentals Inc. INSURER B: ACE American Insurance Company 22667 27500 Riverview Center Blvd INSURER C: ACE Fire underwriters Insurance co. 20702 Bonita Springs FL 34134 USA INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER· 570072954376 REVISION NUMBER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested 1 'i_TR TYPE OF INSURANCE 1 '1NS0 'wvi, POLICY NUMBER IMM/00 IMMIDDNYYY LIMITS B x COMMERCIAL GENERAL LIABILITY HDOG1
" ""
OU/ <USC EACH OCCURRENCE $2,000,000
~
D CLAIMS-MADE 0occuR DAMA"'c TO RE" , cu $500,000
- PREMISES 'Ea occurrence'
MED EXP (Any one person) $10,000
- PERSONAL & ADV INJURY $2,000,000
-
GENERAL AGGREGATE $4,000,000
~'LAGGRE0 ~~g APPD PER
POLICY X JECT LOG PRODUCTS-COMP/OP AGG $4,000,000
OTHER:
B AUTOMOBILE LIABILITY ISAH25159494 06/30/2018 06/30/2019 ~~~:7d~~t~INGLE LIMIT $5,000,000 - ANY AUTO BODILY INJURY ( Per person) x - OWNED r--- SCHEDULED BODILY INJURY (Per accident) - AUTOS ONLY
~
AUTOS PROPERTY DAMAGE HIRED AUTOS NON-OWNED
- ONLY ~ AUTOS ONLY (Per accident)
A x UMBRELLA LIAB H OCCUR XOOG28131549003 06/30/2018 06/30/2019 EACH OCCURRENCE $5,000,000 - AGGREGATE $5,000,000 EXCESS LIAB CLAIMS-MADE
DEDI X IRETENTION$25,000
B WORKERS COMPENSATION AND WLRC65223715 06/30/2018 06/30/2019 X I ~~fruTE I l~~H-EMPLOYERS' LIABILITY YIN workers Comp (AOS) c ANY PROPRIETOR I PARTNER I EXECUTIVE
~
5CFC65223752 06/30/2018 06/30/2019 E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NIA
(Mandatory in NH) Workers Comp (WI) EL DISEASE-EA EMPLOYEE $1,000,000 If yes, desclibe under
DESCRIPTION OF OPERATIONS below E.l. DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) city of Charlotte is included as Additional Insured in accordance with the policy provisions of the General Liability policy. .
A waiver of subrogation is granted in favor of City of Charlotte in accordance with the policy provisions of the General Liability, Auto Liability, and workers Compensation policy.
General Liability and Auto Liability evidenced herein is Primary to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. General Liability and Auto Liability evidenced herein is Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. should any of the above described policies be cancelled before the expiration date thereof, the policy provisions will govern -
CERTIFICATE HOLDER CANCELLATION
--SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICV PROVISIONS. ~
City of Charlotte AUTHORIZED REPRESENTATIVE
s
600 East Fourth Street, CMGC
9th Floor
~ ~9"~9"~--L
Charlotte NC 28202-2850 USA ;.
=='
-©1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000070531
LOC#:
ADDITIONAL REMARKS SCHEDULE Page_ of_
AGENCY NAMED INSURED
Aon Risk services south, Inc. HERC Rentals Inc.
POLICY NUMBER
see Certificate Number: 570072954376
CARRIER I NAICCODE
see certificate Number: 570072954376 EFFECTIVE DATE
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations I LocaLions I Vehicles how notice of cancellation may be delivered to certificate holders in accordance with the policy provisions of each policy.
ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
COMPETITIVE SOLICITATION
BY CITY OF CHARLOTTE, NORTH CAROLINA
FOR
EQUIPMENT RENTALS AND RELATED PRODUCTS AND
SERVICES
ON BEHALF OF ITSELF AND OTHER GOVERNMENT AGENCIES
AND MADE AVAILABLE THROUGH THE U.S. COMMUNITIES
GOVERNMENT PURCHASING ALLIANCE
RFP #269-2018-047
May 22, 2018
REQUEST FOR PROPOSALS
RFP # 269-2018-047
Equipment Rentals and Related Products and Services
May 22, 2018
Dear Sir or Madam:
The City of Charlotte, North Carolina (herein “City” or “Lead Public Agency”) on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”) is now accepting Proposals for Equipment Rentals and Related Products and Services . The requirements for submit ting a Proposal are stated in the attached Request for Proposals (the “RFP”). Please review them carefully.
A Non-Mandatory Pre-Proposal Conference for the purpose of reviewing the RFP and answering questions regarding the Services will be held on June 6th, 2018, at 1 :00 p.m., at the Charlotte-Mecklenburg Government Center (CMGC), 600 East Fourth Street, Charlotte, North Carolina 28202, Conference Room 280 or via teleconference at 704- 432-5483. Please bring a copy of the RFP with you at that time. All i nterested Companies should return a completed Request For Proposals Acknowledgement Form (see Section 6, Form 1) by the da te stated in the schedule in Section 3.1 of this RFP.
An electronic copy of the RFP in Microsoft Word format may be obtained by contacting Karen Ewing at [email protected].
All Proposals are due to the Management and Financial Services, Procurement Managemen t Division, 9th Floor, CMGC 600 East Fourth Street, Charlotte, North Carolina 28202, no later than JUNE 26, 2018 at 2:00 p.m.
Two (2) original Proposals signed in ink by a company official authorized to make a legal and binding offer, and t wo (2) electronic copies of the Proposal on individual flash drive s in a searchable format such as MS Word or Adobe Acrobat must be submitted in a sealed box or opaque envelope plainly marked with the Proposal number and service description as follows:
Request for Proposals
Attention: Karen Ewing
[Name of Company Submitting Proposal]
Rental Equipment Products & Services
RFP # 269-2018-047
RFP questions must be directed to Karen Ewing , Management and Financial Services, Procurement Management Division, per the enclo sed instructions in Section 3.3. The City is an equal opportunity purchaser.
Sincerely,
Kay Elmore
Chief Procurement Officer
cc: Alexis Turner, U.S. Communities
RFP Project File
RFP #269-2018-047 Rental Equipment i
Checklist for submitting a Proposal:
Step 1- Read the document fully.
Step 2- If you plan on submitting a Proposal then fax Form 1 in Section 6 to the number listed on the sheet.
Steps 3- If you have any questions send them before the deadline listed in Section 3.3.
If you plan to submit a Proposal you must follow this checklist, and must include everything detailed below.
Proposal Copies - Please provide the specified number for each format 2 Copies marked “Original” in a sealed, non -transparent envelope that includes the Company name, the RFP number, and identification of the equipment, supply, and/or Services for which the Proposal is submitted.
2 Copies on flash drive.
Proposal Format - Proposals should be formatted as follows:
Included
(Check) Requirements
Cover Letter (per Section 5.1.1)
Executive Summary (per Section 5.1.2)
Addenda Acknowledgement Form (Section 6, Form 2)
Proposal Submission Form (Section 6, Form 3)
Attachment 1 containing: Fixed Percentage Discounts / Additional Charges / Market Basket / Lease Pricing / Purchase Option Pricing
MWSBE Participation Plan (Section 6, Form 5)
Company’s Background Response ) Section 6, Form 6)
References (Section 6, Form 7)
Non-Discrimination Provision (Section 6, Form 8)
Certification Regarding Debarment (Section 6, Form 9)
U.S. Communities Worksheet for National Program Consideration (Section 7) U. S. Communities Supplier Information (Section 7)
U. S. Communities Administration Agreement – Signed, unaltered (Section 7) Exceptions to any part of the RFP (If you take any exceptions to anything in this document, please list it in a category in your Proposal called “Exceptions” and offer an alternative solution).
The above items constitute all that must be included in the Proposal. If awarded a contract , you will be required to provide an insurance certificate that meets or exceeds the requirements set forth in Exhibit A, Section 34.
It is the Company’s responsibility to check www.ips.state.nc.us or http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx for any addenda or changes to this Project. Search for RFP # 269-2018-047 to find if any documents or changes have been posted.
Table of Contents
RFP #269-2018-047 Rental Equipment ii
TABLE OF CONTENTS
1. U.S. COMMUNITIES OVERVIEW AND REQUIREMENTS ...................................................... 1
2. INTRODUCTION ..............................................................................................................................12
2.1 OBJECTIVE ..................................................................................................................................12
2.2 DEFINITIONS ...............................................................................................................................12
2.3 ACCURACY OF RFP AND RELATED DOCUMENTS ........................................................................14
2.4 CITY’S RIGHTS AND OPTIONS......................................................................................................15
2.5 EXPENSE OF SUBMITTAL PREPARATION ......................................................................................15
2.6 PROPOSAL CONDITIONS ..............................................................................................................15 3 PROCUREMENT PROCESS ...........................................................................................................20
3.1 SCHEDULE AND PROCESS ............................................................................................................20
3.2 INTENT TO PROPOSE ....................................................................................................................20
3.3 INTERPRETATIONS AND ADDENDA ..............................................................................................20
3.4 PRE-PROPOSAL CONFERENCE .....................................................................................................21
3.5 SUBMISSION OF PROPOSALS ........................................................................................................21
3.6 CORRECTION OF ERRORS ............................................................................................................22
3.7 EVALUATION ...............................................................................................................................22
3.8 PROPOSAL EVALUATION CRITERIA .............................................................................................22
3.9 QUALIFICATIONS AND EXPERIENCE ............................................................................................23
3.10 PROJECT APPROACH / PROPOSED SOLUTION ...............................................................................23
3.11 COST EFFECTIVENESS AND VALUE..............................................................................................23
3.12 MWSBE SUBCONTRACTOR UTILIZATION ...................................................................................23
3.13 ACCEPTANCE OF THE TERMS OF THE CONTRACT ........................................................................23
3.14 CONTRACT AWARD BY CITY COUNCIL .......................................................................................24
3.15 VENDOR INCLUSION ....................................................................................................................24 4 SCOPE OF SERVICES .....................................................................................................................25
4.1 GENERAL SCOPE .........................................................................................................................25
4.2 PRODUCT STANDARDS AND SERVICE LEVEL REQUIREMENTS .....................................................25
4.3 OPTIONAL LEASE AND/OR PURCHASE OF EQUIPMENT ................................................................. 26
4.4 ENVIRONMENTAL PURCHASING REQUIREMENTS ........................................................................28
4.5 NEW PRODUCTS AND SERVICES ..................................................................................................28
4.6 EMERGENCY RESPONSE ..............................................................................................................28
4.7 TRAINING ....................................................................................................................................28
4.8 INSTALLATION ............................................................................................................................28
4.9 SAFETY .......................................................................................................................................28
4.10 WARRANTY ................................................................................................................................. 28
4.11 DELIVERY ...................................................................................................................................29
4.12 OPTIONAL WORK ........................................................................................................................29
4.13 REPORTS .....................................................................................................................................29
4.14 PRICING .......................................................................................................................................26 5 PROPOSAL CONTENT AND FORMAT. ......................................................................................30 REQUIRED FORM 1 - RFP ACKNOWLEDGEMENT .........................................................................32 REQUIRED FORM 3 - PROPOSAL SUBMISSION FORM ................................................................. 34 REQUIRED FORM 4 - PRICING WORKSHEET ..................................................................................36 REQUIRED FORM 5 – M/W/SBE UTILIZATION ................................................................................37 REQUIRED FORM 6 – COMPANY’S BACKGROUND RESPONSE .................................................39 REQUIRED FORM 8 – NON-DISCRIMINATION PROVISION .........................................................41 EXHIBIT A – SAMPLE CITY CONTRACT ............................ ERROR! BOOKMARK NOT DEFINED.
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 1
1. U.S. COMMUNITIES OVERVIEW AND REQUIREMENTS
1.1 MASTER AGREEMENT
The City of Charlotte, NC (herein “Lead Public Agency”) on behalf of itself and all states, local governments, school districts, higher education institutions, other government agencies and nonprofit organizations in the United States of America (herein “Participating Public Agencies”) is soliciting proposals from qualified suppliers to enter into a Master Agreement for a complete line of Equipment Rentals and Related Products and Services (herein “Products and Services”).
1.2 OBJECTIVES
A. Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Participating Public Agencies;
B. Establish the Master Agreement as a Supplier’s primary offering to Participating Public Agencies;
C. Achieve cost savings for Suppliers and Participating Public Agencies through a single competitive solicitation process that eliminates the need for multiple bids or proposals;
D. Combine the volumes of Participating Public Agencies to achieve cost effective pricing;
E. Reduce the administrative and overhead costs of Suppliers and Participating Public Agencies through state of the art ordering and delivery systems;
F. Provide Participating Public Agencies with environmentally responsible products and services.
1.3 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES
Proposers are expected to propose the broadest possible selection of Rental Equipment that they offer commercially . The intent of this solicitation is to provide Participating Public Agencies with turnkey solutions to meet their various needs.
Therefore, the Suppliers should have demonstrated experience in providing and installing the Products and Services as defined in this RFP, including but not limited to the following categories:
1) Construction Equipment – Heavy, Medium, and Light Equipment 2) Arial Lifts and Scaffold
3) Earth Moving Equipment
4) Electrical Tools, Power Equipment, and General Construction Tools 5) Material Handling Equipment
6) Facility Maintenance and Cleaning Equipment
7) HVAC Equipment
8) Pumps
9) Generators
10) Snow Removal Equipment
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 2
11) Safety Equipment
12) Portable Sign Boards
13) Portable Traffic Signals and Road Barricades
14) Refuse Trucks
15) Services - The complete listing of Services available from the Supplier such as, but not limited to, delivery and installation, repair and/or maintenance, equipment training programs, safety training programs, removal, and any other related Services to provide customer support.
16) Purchase Option – the resulting contract should include options for Participating Public Agencies who may wish to purchase equipment, either new or used. 17) Leasing Option- the resulting contract should include options for Participating Public Agencies who may wish to lease equipment. These options may include lease only and/or lease to purchase. Financing may be offered.
1.4 U.S. COMMUNITIES BACKGROUND
U.S. Communities Government Purchasing Alliance (herein “U.S. Communities”) helps Participating Public Agencies reduce the cost of purchased goods through strategic sourcing that combines the purchasing power of public agencies nationwide.
This is accomplished through an award of competitively solicited contracts for high quality products and services by large and well recognized public agencies (herein “Lead Public Agencies”). The contracts are available for use by the respect ive Lead Public Agency and, also, by other Participating Public Agencies.
1.4.1 National Sponsors
U.S. Communities is jointly sponsored by the National Association of Counties (NACo), the National League of Cities (NLC), the Association of School Business Offic ials International (ASBO), the United States Conference of Mayors (USCM) and the National Governors Association (NGA) (herein “National Sponsors”).
1.4.2 Advisory Board
The U.S. Communities Advisory Board is made up of key government purchasing officials from across the United States.
Each Advisory Board Member is expected to actively participate in solicitations, participate in policy direction, and share expertise and purchasing innovations.
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 3
Current U.S. Communities Advisory Board Members
Auburn University, AL Great Valley School District, PA
Beaverton School District, OR Harford County Public Schools, MD City and County of Denver, CO Hennepin County, MN
City of Charlotte, NC Los Angeles County, CA
City of Chicago, IL Maricopa County, AZ
City of El Paso, TX Miami-Dade County, FL
City of Houston, TX North Carolina State University, NC City of Kansas City, MO Onondaga County, NY
City of Los Angeles, CA Port of Portland, OR
City of Ocean City, NJ Prince William County Schools, VA City of Seattle, WA San Diego Unified School District, CA Cobb County, GA State of Iowa, IA
Denver Public Schools, CO State of Louisiana, LA
Emory University, GA The Ohio State University, OH
Fairfax County, VA The School District of Collier County Fresno Unified School District, CA
1.4.3 Participating Public Agencies
Today more than 55,000 public agencies utilize U.S. Communities Contracts and suppliers to procure over $2.0 Billion Dollars in Products and Services annually. Each month more than 500 new public agencies register to participate. The continuing rapid growt h of public agency participation is fueled by the program's proven track record of providing public agencies unparalleled value.
The Supplier(s) must communicate directly with any Participating Public Agency concerning the placement of orders, issuance of the purchase order, Contractual disputes, invoicing, and payment.
City of Charlotte, North Carolina is acting as "Contracting Ag ent" for the Participating Public Agencies and shall not be held liable for any costs, damages, expenses, fees, liabilities, etc. incurred by any other Participating Public Agency.
Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing Agreement (MICPA) outlining the terms and conditions that allow access to the Lead Public Agencies’ Master Agreements.
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. A copy of the MICPA is attached in Section 8.
1.4.4 Estimated Volume
The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $150 Million Dollars annually. This estimate is based on the anticipated volume of the Lead Public Agency, the U.S.
Communities Advisory Board members, and current sales within the U.S.
Communities program. While there is no minimum quantity of Products Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 4
required to be purchased under the proposed Master Agreement, City of Charlotte and the U.S. Communities Advisory Board Members are committed to utilizing the Master Agreement. The Advisory Board members shall determine if the Master Agreement is of value to their agency, and will promote the Master Agreement among other public agencies nationwide. The Advisory Board in 2017 purchased more than $160 Million Dollars of Products and Services from existing U.S. Communities Contracts.
1.4.5 Marketing Support
U. S. Communities provides marketing support for each Supplier’s products through the following:
• National Sponsors as referenced above,
• Over 90 State and Regional Sponsors,
• Sales and marketing personnel that directly promote the U.S.
Communities Suppliers to Participating Public Agencies through public agency meetings, webinars, direct mail, email, online and print advertising, social media, articles, and exhibiting and presenting at national and local trade shows.
• U.S. Communities provides Suppliers government sales training and a host of marketing and sales management tools to effectively increase sales through U.S. Communities.
1.4.6 Multiple Awards
Multiple awards may be issued as a result of the solicitation. Multiple Awards will ensure that any ensuing Master Agreements fulfill current and future requirements of the diverse and large number of Participating Public Agencies.
The City of Charlotte reserves the right to award the Contract locally and/or nationally in the aggregate, by section, multiple award, primary, secondary, and tertiary, whichever is in the best interest of the City of Charlotte and Participating Public Agencies as a result of this solicitation.
1.4.7 Evaluation of Proposals
Proposals will be evaluated by the Lead Public Agency in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices.
U.S. Communities Advisory B oard members and other Participating Public Agencies will assist the Lead Public Agency in evaluating proposals. The Supplier(s) that respond(s) affirmatively meets the requirements of this Request for Proposal and provides the best overall value will be e ligible for a Contract award. U.S. Communities reserves the right to make available or not make available Master Agreements awarded by a Lead Public Agency to Participating Public Agencies.
1.4.8 Format of Proposals
Respondents should provide their response in a single document that includes page numbers so evaluators can easily reference sections of the response.
Information should be organized in the same way as the RFP is structured, meaning each question in the RFP should be shown directly followed by the proposer’s response.
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 5
SUPPLIER QUALIFICATIONS
1.5 SUPPLIERS
1.5.1 Commitments
U.S. Communities views the relationship with an awarded Supplier as an opportunity to provide maximum benefit to both the Participating Public Agencies and to the Supplier.
The successful foundation of the partnership requires commitments from both U.S. Communities and the Supplier. U.S. Communities requires the Supplier to make the four commitments set forth below (Corporate, Pricing, Economy, and Sales) to ensure that Supplier is providing the highest level of public benefit to Participating Public Agencies:
(a) Corporate Commitment.
(i) The pricing, terms and conditions of the Master Agreement shall, at all times, be Supplier’s primary Contractual offering of Products and Services to Public Agencies. All of Supplier’s direct and indirect marketing and sales efforts to Public Agencies shall demonstrate that the Master Agreement is Supplier’s primary offering and not just one of Supplier’s Contract options.
(ii) Supplier’s sales force (including inside, direct and/or authorized dealers, distributors and representatives) shall always present the Master Agreement when marketing Products or Services to Public Agencies. (iii) Supplier shall advise all Pu blic Agencies that are existing customers of Supplier as to the pricing and other value offered through the Master Agreement.
(iv) Upon authorization by a Public Agency, Supplier shall transition such Public Agency to the pricing, terms and conditions of the Master Agreement.
(v) Supplier shall ensure that the U.S. Communities program and the Master Agreement are actively supported by Supplier’s senior executive management.
(vi) Supplier shall provide a national/senior management level representative wit h the authority and responsibility to ensure that the Supplier’s Commitments are maintained at all times. Supplier shall also designate a lead referral contact person who shall be responsible for receiving communications from U.S. Communities concerning ne w Participating Public Agency registrations and for ensuring timely follow- up by Supplier’s staff to requests for contact from Participating Public Agencies. Supplier shall also provide the personnel necessary to implement and support a supplier -based internet web page dedicated to Supplier’s U.S. Communities program and linked to U.S. Communities’ website and shall implement and support such web page.
(vii) Supplier shall demonstrate in its procurement solicitation response and throughout the term of the Master Agreement that national/senior management fully supports the U.S. Communities Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 6
program and its commitments and requirements. National/Senior management is defined as the executive(s) with Companywide authority. (viii) Where Supplier has an existing Contract for Products and Services with a state, Supplier shall notify the state of the Master Agreement and transition the state to the pricing, terms and conditions of the Master Agreement upon the state’s request. Regardless of whether the state decides to transition to the Master Agreement, Supplier shall primarily offer the Master Agreement to all Public Agencies located within the state.
(b) Pricing Commitment.
(i) Supplier represents to U.S. Communities that the pricing offered under the Master A greement is the lowest overall available pricing (net to purchaser) on Products and Services that it offers to Public Agencies.
Supplier’s pricing shall be evaluated on either an overall project basis or the Public Agency’s actual usage for more frequently purchased Products and Services.
(ii) Contracts Offering Lower Prices. If a pre -existing Contract and/or a Public Agency’s unique buying pattern provide one or more Public Agencies a lower price than that offered under the Master Agreement, Supplier shal l match that lower pricing under the Master Agreement and inform the eligible Public Agencies that the lower pricing is available under the Master Agreement. If an eligible Public Agency requests to be transitioned to the Master Agreement, Supplier shall do so and report the Public Agency’s purchases made under the Master Agreement going forward. The price match only applies to the eligible Public Agencies. Below are three examples of Supplier’s obligation to match the pricing under Supplier’s Contracts offering lower prices. (A) Supplier holds a state Contract with lower pricing that is available to all Public Agencies within the state.
Supplier would be required to match the lower state
pricing under the Master Agreement and make it
available to all Public Agencies within the state.
(B) Supplier holds a regional cooperative Contract with lower pricing that is available only to the ten cooperative members. Supplier would be required to match the lower
cooperative pricing under the Master Agreement and
make it available to the ten cooperative members.
(C) Supplier holds a Contract with an individual Public Agency. The Public Agency Contract does not contain
any cooperative language and therefore other Public
Agencies are not eligible to utilize the Contract. Supplier would be required to match the lower pricing under the
Master Agreement and make it available only to the
individual Public Agency.
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 7
(iii) Deviating Buying Patterns . Occasionally U.S. Communities and Supplier may interact with a Public Agency that has a buying pattern or terms and conditions that considerably deviate from the normal Public Agency buying pattern and terms and conditions, and causes Supplier’s pricing under the Master Agreement to be higher than an alternative Contract held by Suppli er. This could be created by a unique end- user preference or requirements. In the event that this situation occurs, Supplier may address the issue by lowering the price under the Master Agreement on the item(s) causing the large deviation for that Public Agency. Supplier would not be required to lower the price for other Public Agencies.
(iv) Supplier’s Options in Responding to a Third Party Procurement Solicitation. While it is the objective of U.S. Communities to encourage Public Agencies to piggyback on to the Master Agreement rather than issue their own procurement solicitations, U.S. Communities recognizes that for various reasons some Public Agencies will issue their own solicitations. The following options are available to Supplier when responding to a Public Agency solicitation:
(A) Supplier may opt not to respond to the procurement
solicitation. Supplier may make the Master Agreement
available to the Public Agency as a comparison to its
solicitation responses.
(B) Supplier may respond with the pricing, terms and
conditions of the Master Agreement. If Supplier is
awarded the Contract, the sales would be reported as
sales under the Master Agreement.
(C) If competitive conditions require pricing lower than the standard Master Agreement pricing, Supplier may
submit lower pricing through the Master Agreement. If
Supplier is awarded the Contract, the sales would be
reported as sales under the Master Agreement. Supplier
would not be required to extend the lower price to other Public Agencies.
(D) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement. If awarded a
Contract, Supplier shall still be bound by all obligations set forth i n this Section 3.3, including, without
limitation, the requirement to continue to advise the
awarding Public Agency of the pricing, terms and
conditions of the Master Agreement.
(E) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement and if an alternative response is permitted, Supplier may offer the pricing
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 8
under the Master Agreement as an alternative for
consideration.
(c) Economy Commitment . Supplier shall dem onstrate the benefits, including the pricing advantage, of the Master Agreement over alternative options, including competitive solicitation pricing and shall proactively offer the terms and pricing under the Master Agreement to Public Agencies as a more effective alternative to the cost and time associated with such alternate Proposals and solicitations.
(d) Sales Commitment . Supplier shall market the Master Agreement through Supplier’s sales force or dealer network that is properly trained, engaged and committed to offering the Master Agreement as Supplier’s primary offering to Public Agencies. Supplier’s sales force compensation and incentives shall be greater than or equal to the compensation and incentives earned under other Contracts to Public Agencies.
(i) Supplier Sales . Supplier shall be responsible for proactive sales of Supplier’s Products and Services to Public Agencies and the timely follow-up to sales leads identified by U.S. Communities. Use of product listings, targeted advertising, direct m ail, online marketing and other sales initiatives are encouraged. All of Supplier’s sales materials targeted towards Public Agencies shall include the U.S. Communities logo. U.S.
Communities hereby grants to Supplier, during the term of this Agreement, a n on-exclusive, revocable, non- transferable, license to use the U.S. Communities name, trademark, and logo solely to perform its obligations under this Agreement, and for no other purpose. Any goodwill, rights, or benefits derived from Supplier's use of the U.S.
Communities name, trademark, or logo shall inure to the benefit of U.S.
Communities. U.S. Communities shall provide Supplier with its logo and the standards to be employed in the use of the logo. During the term of the Agreement, the Supplier shall pr ovide U.S. Communities with its logo and the standards to be employed in the use of the logo for purposes of reproducing and using Supplier’s name and logo in connection with the advertising, marketing and promotion of the Master Agreement to Public Agenci es. Supplier shall assist U.S. Communities by providing camera-ready logos and by participating in related trade shows and conferences. At a minimum, Supplier's sales initiatives shall communicate that (i) the Master Agreement was competitively solicited by the Lead Public Agency, (ii) the Master Agreement provides the Supplier’s best overall pricing and value to eligible agencies, (iii) there is no cost to Participating Public Agencies, and (iv) the Master Agreement is a non-exclusive Contract.
(ii) Branding and Logo Compliance . Supplier shall be responsible for complying with the U.S. Communities branding and logo standards and guidelines. Prior to use by Supplier, all U.S. Communities related marketing material must be submitted to U.S. Communities for review and approval.
(iii) Sales Force Training . Supplier shall train its national sales force on the Master Agreement and U.S. Communities program. U.S. Communities Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 9
shall be available to train on a national, regional or local level and generally assist with the education of sales personnel. (iv) Participating Public Agency Access. Supplier shall e stablish the following communication links to facilitate customer access and communication:
(A) A dedicated U.S. Communities internet web- based
homepage that is accessible from Supplier ’s homepage or main menu navigation containing:
(1) U.S. Communities standard logo with Founding Co -
Sponsors logos;
(2) Copy of original procurement solicitation;
(3) Copy of Master Agreement including any
amendments;
(4) Summary of Products and Services pricing;
(5) Electronic link to U.S. Communities’ online
registration page; and
(6) Other promotional material as requested by U.S.
Communities.
(B) A dedicated toll -free national hotline for inquiries regarding U.S. Communities.
(C) A dedicated email ad dress for general inquiries in the following format: uscommunities@(name of supplier).com.
(v) Electronic Registration . Supplier shall be responsible for ensuring that each Public Agency has completed U.S. Communities’ online registration process prior to processing the Public Agency’s first sales order.
(vi) Supplier’s Performance Review . Upon request by U.S. Communities, Supplier shall participate in a performance review meeting with U.S.
Communities to evaluate Supplier’s performance of the covenants s et forth in this Agreement.
(vii) Supplier Content . Supplier may, from time to time, provide certain graphics, media, and other content to U.S. Communities (collectively "Supplier Content ") for use on U.S. Communities websites and for general marketing an d publicity purposes. During the term of the Agreement, Supplier hereby grants to U.S. Communities and its affiliates a non- exclusive, worldwide, free, transferrable, license to reproduce, modify, distribute, publically perform, publically display, and use Supplier Content in connection with U.S. Communities websites and for general marketing and publicity purposes, with the right to sublicense each and every such right. Supplier warrants that: (a) Supplier is the owner of or otherwise has the unrestricted right to grant the rights in and to Supplier Content as contemplated hereunder; and (b) the use of Supplier Content and any other materials or Services provided to U.S.
Communities as contemplated hereunder will not violate, infringe, or misappropriate the intellectual property rights or other rights of any third party.
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 10
1.6 U.S. COMMUNITIES ADMINISTRATION AGREEMENT INFORMATION The Agreement outlines the Supplier’s general duties and responsibilities in implementing the U.S. Communities Contract.
The Supplier is required to execute the U.S. Communities Administration Agreement unaltered (included in Section Seven) and submit with the supplier’s proposal without exception or alteration. Failure to do so will result in disqualification.
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 11
New Supplier Implementation Checklist
Target
Completion
After Award
1. First Conference Call One Week
Initial Kick Off Call to discuss expectations
Set Contract Launch Date & Outline Kick Off Plan
Establish initial contact people & roles/responsibilities Supplier Log-In Credentials established
Set Agency Webinar Dates
2. Executed Legal Documents One Week
U.S. Communities Admin Agreement
Lead Public Agency agreement signed
3. Program Contact Requirements One Week
Supplier contacts communicated to U.S. Communities Staff Dedicated email
Dedicated toll free number
4. Second Conference Call Two Weeks
Establish Sales Training Webinar Dates
Complete Supplier Set Up Form
Complete User Account and User ID Form
Identify Dates for Senior Management Meeting
Review Contract Commitments
5. Marketing Kick Off Call Two Weeks
Overview of Marketing Requirements
Establish Timeline for Marketing Deliverables
Set Weekly Marketing Call
Discuss Agency Webinar Slides & Set Timeframe for Deliverables
6. Initial NAM & Staff Training Meetings Three Weeks
Discuss expectations, roles & responsibilities
Introduce and review web-based tools
Review process & expectations of Lead Referral contact with NAM & identified LRC
7. Senior Management Meeting Four Weeks
Implementation Process Progress Report
U.S. Communities & Vendor Organizational Overview
Supplier Manager to review & further discuss commitments
8. Review Top Joint Target Opportunities Five Weeks
Top 10 Local Contracts
Review top U.S. Communities PPA's
9. Web Development
Initiate E-Commerce Conversation Two Weeks
Product Upload to U.S. Communities site Five Weeks
10. Sales Training & Roll Out
Program Manager briefing - Coordinate with NAM Five Weeks Initial remote WebEx training for all sales - Coordinate with NAM Three Weeks Initiate contact with Advisory Board (AB) members Six Weeks Determine PM & Local Metro teams strategy sessions Six Weeks
11. Marketing – see marketing deliverables checklist as reviewed with marketing contact Eight Weeks
12. Agency Webinars Post Launch
Section 2
Introduction and General Information
RFP #269-2018-047 Rental Equipment 12
2. INTRODUCTION
2.1 Objective
The objective of this RFP is to solicit Proposals that will enable the City and Participating Public Agencies (“PPA s”) to determine which Company and Proposed Solution will best meet the City’s needs for providing the Products and Services as requested in this RFP.
2.2 Definitions
As used in this RFP, the following terms shall have the meanings set forth below:
Acceptance: Refers to receipt and approval by the City of a Deliverable or Service in accordance with the acceptance process and
criteria in the Contract.
Affiliates: Refers to all departments or units of the City and all other governmental units, boards, committees or municipalities for which the City processes data or performs Services.
Biodegradable: Refers to the ability of an item to be decomposed by bacteria or other living organisms.
Charlotte Business Refers to the Charlotte Business Inclusion office of the City Inclusion (CBI): of Charlotte.
Charlotte Combined Refers to the Charlotte-Gastonia-Salisbury Combined Statistical Area (CSA): Statistical Area consisting of; (a) the North Carolina counties of Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, and Union; and (b) the South Carolina counties of Chester, Lancaster, and York; a criteria used by Charlotte Business INClusion to det ermine
eligibility to participate in the program.
City: Refers to the City of Charlotte, North Carolina.
Company: During the solicitation process, refers to a company that has interest in providing the Services . After the solicitation process, refers to a company that has been selected by the City to provide the Services.
Company Project Refers to a specified Company employee representing the Manager: best interests of the Company for this Project.
Contract: Refers to a written agreement executed by the City and Company for all or part of the Services.
Deliverables: Refers to all tasks, reports, information, designs, plans , and other items that the Company is required to deliver to the City in connection with the Contract.
Documentation: Refers to all written, electronic, or recorded works that describe the use, functions, features, or purpose of the Deliverables or Services or any component thereof, and which are provided to the City by the Company or its
subcontractors, including without limitation all end user manuals, training manuals, guides, program listings, data models, flow charts, and logic diagrams.
Section 2
Introduction and General Information
RFP #269-2018-047 Rental Equipment 13
Environmentally Refers to Products that have a lesser or reduced effect on Preferable Products: human health and the environment when compared with competing Products that serves the same purpose. This
comparison may consider raw materials acquisition,
production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product.
Evaluation Committee: Refers to a City and U.S. Communities appointed Committee that will evaluate Proposals and identify the Company(-ies) best meeting the needs of the City and
Participating Public Agencies.
Lead Public Agency: Refers to the City of Charlotte, North Carolina
Master Agreement: Refers to the Agreement that is made available by the Lead Public Agency after the successful completion of the
competitive solicitation and selection process, wherein Participating Public Agencies may u tilize the agreement to purchase Products and Services.
Minority Business
Enterprise/MBE: Refers to a business enterprise that: (a) is certified by the State of North Carolina as a Historically Underutilized Business (HUB) within the meaning of N.C. Gen. Stat. §
143-128.4; (b) is at least fifty -one percent (51%) owned by one or more persons who are members of one of the
following groups: African American or Black, Hispanic,
Asian, Native American or American Indian; and (c) is
headquartered in the Charlotte Combined Statistical Area.
MWSBE: Refers to SBEs, MBEs and WBEs, collectively.
MWSBE Goal: If an RFP or Contra ct has separate Subcontracting Goals for MBEs, WBEs, and/or SBEs, the term MWSBE is a
shorthand way to refer collectively to all MBE, WBE, and SBE Goals set for the RFP. In some instances, the City may set one combined goal for MBEs, WBEs, and/or SBEs, in
which event the term MWSBE Goal refers to that one,
combined goal. In the latter instance, calculated as a
percentage, the MWSBE Goal represents the total dollars spent with MBEs, WBEs, and SBEs as a portion of the total Proposal amount, including any contingency.
Participating Public
Agency: Refers to all states, local governments, school districts, and higher education institutions in the United States of
American, and other governmental agencies and nonprofit organizations that elect to purchase Products and Services under the Master Agreement.
Post-Consumer Refers to material and by-Products which have served their Recycled Material: intended end-use by a consumer and have been recovered or diverted from solid waste. It does not include those materials Section 2
Introduction and General Information
RFP #269-2018-047 Rental Equipment 14
and by- Products generated from, and commonly reused
within, an original manufacturing process.
Products: Refers to all Products that th e Company agrees to provide to the City as part of its Proposal.
Proposal: Refers to the proposal submitted by a Company for the Products and Services as outlined in this RFP.
Recyclability: Refers to Products or materials that can be collected, separated or otherwise recovered from the solid waste stream for reuse, or used in the manufacture or assembly of another package or product, through an established recycling
program. For Products that are made of both recyclable and non-recyclable components, the recyclable claim should be adequately qualified to avoid consumer deception about
which portions or components are recyclable.
Recycled Material: Refers to material and by -Products which have been recovered or diverted from solid waste for the purpose of recycling. It does not include those materials and by-
Products generated from, and commonly reused within, an original manufacturing process.
Services: Refers to the Equipment Rentals and Related Products and Services as requested in this RFP.
Small Business Refers to a business enterprise that is certified by the City of Enterprise/SBE: Charlotte under Part E of the CBI Policy as meeting all of the requirements for SBE certification.
Specifications and Refers to all definitions, descriptions, requirements, criteria, Requirements: warranties, and performance standards relating to the Deliverables and Services that are set forth or referenced in:
(i) this RFP, including any addenda; (ii) the Documentation; and (iii) any functional and/or technical specifications that are published or provided by the Company or its licensors or suppliers from time to time with respect to all or any part of the Deliverables or Services.
Subcontracting Goals: Refers to the SBE, MBE, WBE, an d MWSBE Goals established by the City for an RFP and resulting Contract.
Women Business Refers to a business enterprise that: (a) is certified by the Enterprise (WBE): State of North Carolina as a Historically Underutilized Business (HUB) within the meaning of N.C. Gen. Stat. §
143-128.4; (b) is at least fifty -one percent (51%) owned by one or more persons who are female; and (c) is
headquartered in the Charlotte Combined Statistical Area.
Work Product: Refers to the Deliverables and all other programs, algorithms, reports, information, designs, plans and other items developed by the Company in connection with this
RFP, and all partial, intermediate or preliminary versions of any of the foregoing.
2.3 Accuracy of RFP and Related Documents
Section 2
Introduction and General Information
RFP #269-2018-047 Rental Equipment 15
Each Company must independently evaluate all information provided by the City .
The City makes no representations or warranties regarding any information presented in this RFP, or other wise made available during this procurement process, and assumes no responsibility for conclusions or interpretations derived from such information. In addition, the City will not be bound by or be res ponsible for any explanation or conclusions regarding this RFP or any related documents other than those provided by an addendum issued by the City. Companies may not rely on any oral statement by the City or its agents, advisors, or consultants.
If a Company identifies potential errors or omissions in this RFP or any other related documents, the Company should immediately notify the City of such potential discrepancy in writing. The City may issue a written addendum if the City determines clarification necessary. Each Company requesting an interpretation will be responsible for delivering such requests to the City 's designated representative as directed in this RFP Section 3.3.
2.4 City’s Rights and Options
The City reserves the right, at the City ’s sole discretion, to take any action affecti ng this RFP, this RFP process, or the Services or facilities subject to this RFP that would be in the best interests of the City, including:
2.4.1 To supplement, amend, substitute , or otherwise modify this RFP , including the schedule, or to cancel this RFP, at any time;
2.4.2 To require any Companies to supplement or clarify its Proposal or provide additional information relating to its Proposals;
2.4.3 To investigat e the qualifications , experience, capabilities, and financial standing of each Company submitting a Proposal;
2.4.4 To waive any defect or irregularity in any Proposal received;
2.4.5 To reject any or all Proposals;
2.4.6 To share the Proposals with City employees and contractors in addition to the Evaluation Committee as deemed necessary by the City;
2.4.7 To award all, none, or any pa rt of the Services and enter into Contracts with one or more of the responding Companies deemed by the City to be in the best interest of the City, which may be done with or without re-solicitation;
2.4.8 To discuss and negotiate with any Company(-ies) their Proposal terms and conditions, including but not limited to financial terms; and
2.4.9 To terminate discussions and negotiations with any Company at any time and for any reason.
2.5 Expense of Submittal Preparation
The City accepts no liability , and Companies will have no actionable claims, for reimbursement of any costs or expenses incurred in participating in this solicitation process. This includes expenses and costs related to Proposal submission, submission of written questions , attendance at pre -proposal meetings or evaluation interviews, contract negotiations, or activities required for contract execution.
2.6 Proposal Conditions
The following terms are applicable to this RFP and the Company’s Proposal.
2.6.1 RFP Not An Offer
Section 2
Introduction and General Information
RFP #269-2018-047 Rental Equipment 16
This RFP does not constitute an offer by the City . No binding contract, obligation to negotiate, or any other obligation shall be created on the part of the City unless the City and the Company execute a Contract. No recommendations or conclusions from this RFP process concerning the Company shall constitute a right (property or otherwise) under the Constitution of the United States or under the Constitution, case law, or statutory law of North Carolina.
2.6.2 Trade Secrets and Personal Identification Information /Confidentiality Upon receipt at the Procurement Management Division, all materials submitted by a Company (including the Proposal) are considered public records except for (1) material that qualifies as “trade secret” information under N.C. Gen. Stat. § 66-152 et seq. (“Trade Secrets”) or (2) “personal identification information” protected by state or federal law, to include, but not be limited to, social security numbers, bank account numbers, and driver’s license numbers (“Personal Identification Information” or “PII”) .
After the Proposal due date, the Evaluation Committee, other City staff, and members of the general public who submit public records requests may review the Proposal.
The public disclosure of the contents of a Proposal or other materials submitted by a Company is governed by N.C. Gen. Stat. §§ 132 and 66-152 et seq.. If any Proposal contains Trade Secrets or PII, such Trade Secrets and PII must be specifically and clearly identified in accordance with this Section
2.6.2. Any Trade Secrets or PII submitted by a Company must b e clearly segregated from the rest of the Proposal. For hard copy Proposals, it must be submitted in a separate, sealed envelope, marked either “Personal Identification Information – Confidential” or “Trade Secret —Confidential and Proprietary Information.” For electronic submissions it must also be submitted on a separate CD or flash drive . In both hard copy or electronic format, the confidentiality caption stated above must appear on each page of the Trade Secret or PII materials.
By submitting a Proposal, each Company agrees that the City may reveal any Trade Secret materials and PII contained therein to all City staff and City officials involved in the selection process, and to any outside consultant or other third parties who serve on the Evaluation Committee or who are hired or appointed by the City to assist in the evaluation process.
Furthermore, each Company agrees to indemnify and hold harmless the City and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material that the Company has designated as a trade secret. The City may disqualify and Company that designates its entire Proposal as a trade secret , or any portion thereof that clearly does not qualify under applicable law as a Trade Secret.
2.6.3 Amendments to RFP
If the City amends this RFP, addenda will be posted to the IPS and Charlotte NC websites at www.ips.state.nc.us, and
http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx RFP# 269-2018-047. Companies are required to acknowledge receipt of each Section 2
Introduction and General Information
RFP #269-2018-047 Rental Equipment 17
addendum by including the Addenda Receipt Confirmation Form (Section 6, Form 2) with their Proposals.
2.6.4 Proposal Terms Firm and Irreversible
The signed Proposal shall be considered a firm offer on the part of the Company. The City reserves the right to negotiate price and other terms. All Proposal elements (including all statements, claims, declarations, prices , and specifications) shall be considered firm and irrevocable for purposes of future Contract negotiations unless specifically waived in writing by the City.
The Company chosen for award should be prepared to have its Proposal and any relevant correspondence in corporated into the Contract, either in part or in its entirety, at the City's election.
2.6.5 Proposal Binding for 180 Days
Section 6, Form 3 contains a statement to the effect that the Proposal is a firm offer for one-hundred-eighty (180) calendar day period from the date of the opening. This statement must be signed by an individual authorized to bind the Company . All prices quoted shall be firm and fixed for the full Contract period. The City shall have the option to accept subject to exception by Contract.
2.6.6 Charlotte Business INClusion Program
Pursuant to Charlotte City Council’s adoption of the Charlotte Business INClusion (CBI) Policy, the CBI program promotes diversity, inclusion, and local business opportunities in the City’s contracting and procurement process for Minority, Women, and Small Business Enterprises (MWSBEs) headquartered in the Charlotte Combined Statistical Area (CSA). The CBI Policy is posted at: www.charlottebusinessinclusion.com.
The City is committed to promoting opportunities for maximum participation of certified MWSBEs on City funded contracts at both the Prime and Subcontract level. For MWSBE participation to count towards a Goal, MWSBEs must meet both the certification and g eographic requirements as detailed throughout this solicitation and in the CBI Policy.
Companies responding to this RFQ are required to provide an M WSBE Participation Plan (Section 6, Form 5) , describing your approach and past history with MWSBE utilization. The Participation Plan should include at a minimum the following elements:
• Identify MWSBE vendors you propose to use on the project; • Identify outreach efforts that will be employed by the Company to maximize MWSBE inclusion throughout the life of the project; • Identify specific scopes of work to be performed by MWSBEs; • Document the overall percentage to be committed to MWSBEs; and • Describe your approach and past history utilizing MWSBEs (include a list of past projects and your MWSBE utilization on said projects). • The City has established the following MWSBE Goals for all development, planning, design, consulting, pre -construction and construction work, and for any other work, services and products provided on the Project:
Section 2
Introduction and General Information
RFP #269-2018-047 Rental Equipment 18
This Project has an a ggregate MWSBE Goal of 10% for the City of Charlotte usage estimated to be $800,000 annually: The total work performed by MWSBEs in the aggregate.
You are highly encouraged to consider any and all possibilities for MWSBE participation. A complete list of City certified SBEs and City registered MWBEs is available at www.charlottebusinessinclusion.com.
Please note, when identifying MBEs for inclusion towards the established MBE Goal, only HUB certified Aggregate MWSBE Goal 10%: The total work performed by MWSBEs in the aggregate.
2.6.7 Subcontracting
The Company given contract award shall be the prime contractor and shall be solely responsible for contractual performance. In the event of a subcontracting relationship, the Company shall remain the prime contractor and will assume all responsibility for the performance of the Services that are supplied by all subcontractors. The City retains the right to approve all subcontractors.
2.6.8 Equal Opportunity
The City has an equal opportunity purchasing policy. The City seeks to ensure that all segments of the business community have access to supplying the goods and Services needed by City programs. The City provides equal opportunity for all businesses and does not discriminate against any Companies regardless of race, color, religion, age, sex, and national origin or disability.
2.6.9 Use of City’s Name.
No advertising, sales promotion or other materials of the Company or its agents or representatives may identify or reference the City in any manner absent the prior written consent of the City.
2.6.10 Withdrawal for Modification of Proposals
Companies may change or withdraw a previously -submitted Proposal at any time prior to the Proposal due date. Only formal written requests addressed in the same manner as the Proposal and received by the City prior to the Proposal due date will be accepted. The request must be in a sealed envelope that is plainly marked “ Modifications to Proposal .” No oral modifications will be allowed. If the Company complies with this Section, after the Proposal due date, the Proposal, will be withdrawn or corrected in accordance with the written request(s).
2.6.11 No Bribery
In submitting a response to this RFP, each Company certifies that neither it, any of its affiliates or subcontractor s, 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.
2.6.12 Exceptions to the RFP
Other than exceptions that are stated in compliance with this Section and Section 5.1.5, each Proposal shall be deemed to agree to comply with all terms, conditions, specifications, and requirements of this RFP including the Sample Contract language included in Exhibit A. An “exception” is defined as the Company’s inability or unwillingness to meet a term, condition, Section 2
Introduction and General Information
RFP #269-2018-047 Rental Equipment 19
specification, or requirement in the manner specified in the RFP including the Sample Contract language included as Exhibit A . All exceptions taken must be identified and explained in writing in your Proposal and must specifically reference the relevant section(s) of this RFP. If the Company provides an alternate solution when taking an exception to a requirement, the benefits of this alternative solution and impact, if any, on any part of the remainder of the Company’s solution, must be described in detail.
2.6.13 Fair Trade Certifications
By submitting a Proposal, the Company certifies that:
The prices in its Proposal have been arrived at independently, without consultation, communication, or agreement with anyone, as to any matter relating to such prices for the purpose of restricting competition; Unless otherwise required b y law, the prices quoted in its Proposal have not been knowingly disclosed by the Company and will not knowingly be so disclosed prior to the Proposal due date; and No attempt has been made or will be made by the Company to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition.
2.6.14 Companies’ Obligation to Fully Inform Themselves Companies or their authorized representatives must fully inform themselves as to all conditions, requirements , and specificat ions of this RFP before submitting Proposals. Failure to do so will be at the Company’s own risk.
2.6.15 Environmentally Preferable Purchasing
The City promotes the practice of Environmentally Preferable Purchasing (EPP) in acquiring Products or Services. Applicable EPP attributes that may be taken into consideration as environmental criterion include the following:
Recycled content Recyclability
Post-Consumer Recycled Material Biodegradability
Companies able to supply Products or Services containing any of the applicable environmentally preferable attributes that meet performance requirements are encouraged to offer them in the Proposal. Companies must provide certification of environmental standards and other environmental claims, such as recycled content and emissions data or a formal statement signed by a senior company official.
Section 3
Procurement Process
RFP #269-2018-047 Rental Equipment 20
3 PROCUREMENT PROCESS
This Section 3 contains information about the procurement process for this Project.
3.1 Schedule and Process
The following chart shows the schedule of events for the conduct of this RFP . The key events and deadlines for this process are as follows, some of which are set forth in more detail in the Sections that follow:
DATE EVENT
May 22, 2018 Issuance of RFP. The City issues this RFP.
June 1, 2018 Request for Proposals Acknowledgement. Companies that intend to submit a Proposal shall submit the RFP
Acknowledgement Form on this date to the email or fax number listed in Section 3.3.
June 1, 2018 Submission of Written Questions Prior to Pre -Proposal Conference. Companies are permitted to submit written
questions, for purposes of clarifying this RFP. All
submissions must be pursuant to the instructions in Section
3.3 by 5:00 p.m.
June 6, 2018 Non-Mandatory Pre-Proposal Conference to be held at the location indicated in Section 3.4 at 1:00 p.m.
June 8, 2018 Submission of Written Questions After the Pre -Proposal Conference. Questions are due by 5:00 p.m.
June 26, 2018 Proposal Submission. Proposals are due by 2:00 p.m. at the Procurement Management Division, CMGC 9th Floor.
July 24-26, 2018 Evaluation. The Evaluation Committee will assess each Proposal and conduct evaluation activities with Companies.
September 10,
2018
Contract Award by Charlotte City Council.
January 1, 2019 Services commence. Company begins providing the Services.
3.2 Intent to Propose
Please acknowledge receipt of this RFP via facsimile by June 1, 2018 using the Request for Proposals Acknowledgement For m located in Section 6, Form 1.
Complete the form in its entirety advising the City of your firm’s intention to submit or not submit a Proposal. Fax or email a copy of the completed and signed form to the number or email address listed in paragraph 3.3 bel ow, Attention: Karen Ewing.
The City strongly encourages Companies to submit this form prior to the Pre - Proposal conference but Companies shall not be precluded from submitting a Proposal if they fail to submit this form.
3.3 Interpretations and Addenda
There are two (2) ways to ask questions about this RFP: (1) submit a question in writing to the Procurement Officer at the e -mail address listed below; or (2) ask a question at the Pre -Proposal Conference. Other than these permitted questions, Companies should refrain from contacting City staff prior to the Proposal Due Date.
The City is not bound by any statements, representations or clarifications regarding this RFP other than those provided in writing by the Procurement Officer.
Section 3
Procurement Process
RFP #269-2018-047 Rental Equipment 21
Karen Ewing, Deputy Chief Procurement Officer
City of Charlotte
Procurement Management
600 East 4th Street, CMGC 9th Floor
Charlotte, NC 28202
RFP # 269-2018-047
Fax: 704-632-8254
E-mail: [email protected]
When submitting questions, please reference the RFP page and topic num ber. In order for questions to be addressed at the Pre -Proposal Conference, they must be submitted by 5:00 p.m. on June 1, 2018.
After the Pre-Proposal Conference, questions must be submitted in writing by the deadline stated in Section 3.1. In the case of questions not submitted by the deadline, the Procurement Officer will, based on the availability of time to research and communicate an answer, decide whether an answer can be given before the Proposal Due Date. When responding to Service Provider questions or issuing addenda to the RFP, the City will post the answer or information to the Internet at www.ips.state.nc.us, and
http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx, RFP# 269- 2018-047. Companies are required to acknowledge their receipt of each addenda by including in the Proposal a completed Addenda Receipt Confirmation Form (Section 6, Form 2).
3.4 Pre-Proposal Conference
A Non-Mandatory Pre-Proposal Conference will be conducted on June 6, 2018, at 1:00 p.m. The meeting will be held at the Charlotte -Mecklenburg Government Center (CMGC), 600 East Fourth Street, Charlotte, North Carolina 28202, 2nd Floor Conference Room #280 or via teleconference at 704-432-5483.
While attendance at the Pre- Proposal Conference is not mandatory , all interes ted Companies are encouraged to attend. If special accommodations are required for attendance, please notify Karen Ewing in advance of the conference date and time identifying the special accommodations required.
3.5 Submission of Proposals
Proposals must be in the format specified in Section 5 of this RFP. Two (2) electronic copy on individual flash drives in a searchable format such as MS Word or Adobe Acrobat and two (2) original Proposal s signed in ink by a company official authorized to make a legal and binding offer shall be submitted to the address listed in Section 3.3 above by JUNE 26, 2018 on or before but no later than 2:00 p.m.
The original Proposal and each of the copies shall be complete and unabridged, and shall not refer to any other co py of the signed and sealed original for any references, clarifications, or additional information.
When received, all Proposals and supporting materials, as well as correspondence relating to this RFP, shall become the property of the City. Proposals sent by fax or email will not be accepted.
Due to security measures at the Charlotte -Mecklenburg Government Center (CMGC), your sealed boxes , including any portions marked as Confidential/Trade Secret, may be searched and thoroughly inspected prior to Section 3
Procurement Process
RFP #269-2018-047 Rental Equipment 22
admittance. Please allow time for this search to take place and to re -seal the box if delivering your Proposal in person to the CMGC.
Do not arrive at the Charlotte-Mecklenburg Government Center on the Proposal due date for the purposes of reviewing your competitors ’ Proposals. The Proposals will not be read aloud or made available to inspect or copy until any trade secret issues have been resolved. All Proposals will be time-stamped upon receipt and held in a secure place until opening.
3.6 Correction of Errors
The person signing the Proposal must initial erasures or other corrections in the Proposal. The Company further agrees that in the even t of any obvious errors, the City reserves the right to waive such errors in its sole discretion. The City, however, has no obligation under any circumstances to waive such errors.
3.7 Evaluation
As part of the evaluation process, the Evaluation Committee may engage in discussions with one or more Companies. Discussions might be held with individual Companies to determine in greater detail the Company ’s qualifications, to explore with the Company the scope and nature of the required contractual Services, to learn the Company’s proposed method of performance and the relative utility of alternative methods, and to facilitate arriving at a Contract that will be satisfactory to the City.
The City may in its discretion require one or more Companies to make presentations to the Evaluation Committee or appear before the City and/or its representatives for an interview. During such interview, the Company may be required to orally and otherwise present its Proposal and to respond in detail to any questions posed.
Additional meetings may be held to clarify issues or to address comments, as the City deems appropriate. Companies will be notified in advance of the time and format of such meetings.
Since the City may choose to award a Contract without engaging in discussions or negotiations, the Proposals submitted shall state the Company's best offer for performing the Services described in this RFP.
3.8 Proposal Evaluation Criteria
Proposals will be evaluated based on the Company's ability to meet the performance requirements of t his RFP. This section provides a description of the evaluation criteria that will be used to evaluate the Proposals. To be deemed responsive, it is important for the Company to provide appropriate detail to demonstrate satisfaction of each criterion and compliance with the performance provisions outlined in this RFP. The Company’s Proposal will be the primary source of information used in the evaluation process. Proposals must contain information specifically related to the proposed Products and Services as requested herein. Failure of any Company to submit information requested may result in the elimination of the Proposal from further evaluation.
Proposals will be assessed to determine the most comprehensive, competitive and best value solution for the City taking into consideration as a minimum response, but not limited to the following criteria:
1. Adherence to all requirements of this RFP.
2. Relevant Qualifications and Experience.
Section 3
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RFP #269-2018-047 Rental Equipment 23
3. National/Corporate Support (including response to all U.S. Communities requirements and inclusion of signed, unaltered Administration Agreement).
4. Range and quality of Products and Services offerings including technological advances, and value added related Services.
5. Proposed Approach and Proposed Solution (including lease/purchase options).
6. Pricing.
7. Financial Qualifications.
8. MWBE, and other factors specified in this Request for Proposals.
9. References.
3.9 Qualifications and Experience
Companies will be evaluated on the background and experience information provided in Section 6, Form 6, and Section 7, Company Worksheet and Company Information for National Program Consideration.
3.10 National/Corporate Support
Companies will be evaluated based on their completed supplier qualifications, company history, national company capabilities and responses to all U.S. Communities requirements included in the RFP.
3.11 Product and Services Offering
Proposals will be evaluated on the selection of Rental Equipment and Services they offer to the City and Participating Public Agencies with turnkey solutions to meet the various needs of all agencies.
3.12 Project Approach / Proposed Solution
Companies will be evaluated based upon their understanding, experience and qualifications in performing the same or substantially similar Services, as reflected by its experience in performing such Services. The evaluation will include references regarding work for organizations with needs similar to the City's, and the feasibility of the Company's approach for the provision of the Services.
3.13 Pricing
Under this criterion, Proposals will be compared in terms of the most reasonable and effective pricing options. The Evaluation Committee will also take into consideration any indirect costs associated with the Services.
3.14 MWSBE Subcontractor Utilization
The City maintains a strong commitment to the inclusion of MWSBEs in the City’s contracting and procurement process. For the purposes of this RFP, the City will consider a Company’s MWSBE certification and/or MWSBE subcontracting inclusion efforts. To count towards a Department MWSBE Goal, MWSBE certified Companies and/or their MWSBE subcontractors must meet the following certification criteria prior to Proposal submission:
• Be designated as a City certified SBE; and/or
• Be designated as a City registered MBE or WBE
This Project has an aggregate MWSBE Goal of 10% for the City of Charlotte usage estimated to be $800,000 annually . MWSBE utilization is only one (1) criterion considered in the totality of all criteria listed in this Section 3.
3.15 Acceptance of the Terms of the Contract
Section 3
Procurement Process
RFP #269-2018-047 Rental Equipment 24
The City will evaluate the Proposals for compliance with the terms, conditions, requirements, and specifications stated in this RFP including the sample contract language provided in Exhibit A. Regardless of exceptions taken, Companies shall provide pricing based on the requirements and terms set forth in this RFP. Exceptions shall be identified in accordance with Sections 2.6.12 and 5.1.5 of this RFP.
3.16 Contract Award by City Council
As soon as practical after opening the Proposals, the name of the apparent successful Company will be submitted to the Charlotte City Council for final approval of award. If approved by the Council, the Procurement Management Division will provide Contract documents to the Company. In the event the Council approval is not receive d within one hundred eighty (180) calendar days after opening of the Proposals, the Company may request that it be released from the Proposal.
3.17 Vendor Inclusion
The City’s vendor management philosophy supports a fair, open, and inclusive process that offers the same access and information to all Companies. Although Companies are not required to be registered in the City’s vendor registration system prior to submitting a Proposal, in order to execute a contract with the City and receive payment from the City, all Companies must register with the City’s vendor registration system.
Your registration provides the City with baseline information for your company including location, contact and demographic information, as well as your areas of expertise with specif ic commodity and/or service descriptions. You will also have the opportunity to complete any applicable certifications if your company desires to establish itself as an SBE, MBE, or WBE. The link below will provide you with the opportunity to complete your registration on-line with the City. http://charlottenc.gov/vendors
Section 4
Scope of Services
RFP #269-2018-047 Rental Equipment 25
4 SCOPE OF SERVICES
4.1 General Scope
The intent of this RFP is to award a Contract(s) to one or more Companies offering and demonstrating the best overall solution that meets or exceeds the requirements of this RFP and future various Rental Equipment and Services needs of the City and Participating Public Agencies.
Participating Public Agencies may have additional specific requirements that might not be a requirement of the Lead Public Agency. The Proposer agrees to provide additional information or documentation to Participating Public Agencies as may be required pe r the Master Intergovernmental Cooperative Purchasing Agreement (between the Lead Public Agency and the Participating Public Agency). The Proposer agrees to comply with additional state, or local laws and policies of the individual Participating Public Agencies.
4.2 Product Standards and Service Level Requirements
All Products offered must be the latest design and technology. It is essential that all Equipment Rentals and Related Products and Services be in compliance with all current and applicable ASTM Standards and other applicable laws and regulations in the state of North Carolina or in accordance with the laws and applicable purchasing policies of the State and locality where the Participating Public Agencies exists.
4.2.1 Any equipment rented shall be guarante ed to be fully functional and capable of performing the task(s) it was designed to perform under the manufacturer’s guidelines. All safety equipment and all associated attachments shall be in place and functioning per the manufacturer’s design.
Any equipment not functioning properly, or becoming non- functional during operation, shall be picked up and replaced by the Company at no additional charge to the Participating Public Agency during the rental period. Routing repairs not caused by misuse of the equipm ent shall be provided at no additional cost to the PPA.
4.2.2 At the time the Participating Public Agency takes possession of the equipment, the Company shall provide information regarding current condition and any visual, pre -existing damage to the equipment. T he Company and the PPA will review the equipment condition at the point of delivery as well as at the point of return. No rental fees shall be charged to a Participating Public Agency without the signed receipt of acceptance of the equipment.
4.2.3 The proposal response shall include a sample of any service agreement or contract that the PPA will be required to sign. The service Agreement shall clearly indicate and describe any and all charges that will be assessed at time of rental. Documents produced for signa ture after an award is made, which were not submitted with the proposal response, will not be considered or made part of any Contract that results from this solicitation.
4.2.4 At the time of any rental of equipment under the terms of the resulting Contract, Participating Publi c Agency representatives may si gn the Company’s standard Rental Agreement/Delivery Ticket as evidence of receipt of the equipment. Participating Public Agency representatives accepting equipment will not be authorized to obligate or bind the respective Section 4
Scope of Services
RFP #269-2018-047 Rental Equipment 26
agency to contractual terms and conditions; therefore, signature on a Rental Agreement/Delivery Ticket is solely an acknowledgement of receipt of the equipment. Any pre -printed terms on the Rental Agreement/Delivery Ticket shall govern the rental transaction only to the extent the terms are not in addition to, or in conflict of, the terms of the Master Agreement which shall govern all transactions between parties.
4.3 Optional Lease and/or Purchase of Equipment
Proposals may include options for the lease and/or purchase of a variety of types of equipment. Lease offerings may include lease only and/or lease with the option to purchase. Purchase of equipment may include new or used equipment and any financing options that may be offered by the Company to a PPA.
4.3.1 Leased equipment: Any equipment leased shall be guaranteed to be fully functional and capable of performing the task(s) it was designed to perform under the manufacturer’s guidelines. All safety equipment/attachments shall be in place and functioning per the manufacturer’s design.
Supplier will not be responsible for maintenance or routine repairs. At the time the PPA takes possession of the equipment, the supplier shall provide information regarding current condition and any visual, pre -existing damage to the equipment. The supplier and the PPA will review the equipment condition at point of delivery as well as point of return. No fees may be charged to a PPA without a signed receipt of acceptance of the equipment.
4.3.2 Lease or Purchase o f New Equipment : All lease or purchases of new equipment shall be new, unused, fully functional and capable of performing the task(s) it was designed to perform under the manufacture’s guidelines.
All available manufacturers’ warranties shall apply. No cost may be charged to a PPA without a signed receipt of acceptance of the equipment.
4.3.3 Lease or Purchase of Used Equipment : All used equipment shall be fully functional and capable of performing the task(s) it was designed to perform under the manufacturer’s guidelines. All available manufacturers’ warranties shall apply. No cost may be charged to a PPA without a signed receipt of acceptance of the equipment. All safety equipment/attachments will be in place and functioning per the manufacturer’s design. Any visual or pre - existing damage to the equipment shall be clearly defined in writing and signed off on by the Participating Public Agency making the purchase. The supplier and the PPA will review the equipment condition at point of delivery. No fees may be charged to a PPA without a signed receipt of acceptance of the equipment.
4.4 Pricing
Proposers must submit a fixed percentage discount off the Company’s most current published price list, or other objectively verifiable index, for all Products and Services offered by the Company. The discount percentages offered will apply to the entire Products line (all brands) for each category listed in Attachment 1 – Discount by Category (first tab) . Multiple discount levels on various brands or pieces of equipment are acceptable as long as they are clearly noted in the response. Discounts shall be firm for the life of the Contract.
1. All published price lists or other verifiable index must be identified and a copy provided to the City within 24 hours upon request.
Section 4
Scope of Services
RFP #269-2018-047 Rental Equipment 27
2. Pricing sheets must be submitted in Excel format on a flash drive. To obtain an electronic copy of the Pricing sheets (Discounts, Additional Charges, and Market Basket) please email Karen Ewing at kewing@char lottenc.gov. A hard copy of the pricing sheets must also be submitted with the “Original” copy of the Proposal response. Companies shall not alter or revise the Attachments provided by the City in Excel formal. Doing so may result in your proposal being deemed non-responsive.
4.4.1 Rental: Companies must submit a discount by category from published/book rate in Attachment 1- Discount by Category (first tab) . Proposers should, also, provide their published rates for rental equipment on a daily, weekly and monthly basis. Prices must include manufacturer mark up , profit, item cost and storage to allow each customer the ability to calculate and verify discount.
4.4.2 Volume Discounts: Please include any volume discounts offered to the Lead Public Agency and Participating Public Agencies for all categories included in Attachment 1 – Discount by Category (first tab).
4.4.3 National Market Basket
For price comparison purposes and verification of discounts offered, Proposals must include unit prices for all items provided as Attachment 1 – National Market Basket (third tab) . Companies should not consider the Attachment as “core” or high volume items and quantities provided are for evaluation purposes only. Quantities show in the National Market Basket are estimates only and are not guaranteed.
4.4.4 Lease: Equipment shall be provided on a monthly basis for a specified term.
The Company shall state the various terms (6 month, 12 month, 18 month, 24 month, 36 month, 48 month, etc.) available to PPA and the associated monthly rates. Supplier shall also include in its proposal the costs for PPA’s seeking a lease to purchase option. The lease pricing structure and format shall be left up to the proposing Company to determine, but must be clearly defined and included on Attachment 1 – Lease Pricing (fourth tab).
4.4.5 Purchase: Supplier shall provide a discount off of a catalog, published retail list or manufacturer’s list price for the purchase of new or used equipment.
The purchase discounts offered to the Lead Public Agency and Participating Public Agencies for all categories included as Attachment 1 – Purchase Discounts (fifth tab).
4.4.6 Rebates: Please include any rebates offered to Lead Public Agency and Participating Public Agencies.
4.4.7 Additional Fees
Proposals must include prices for all additional fees provided as Attachment 1 – Additional Fees (second tab) to include, but not limited to:
1. Company must specify all delivery, setup, pickup and related fees.
2. Other fees, such as insurance, environmental recovery, cleaning, refueling or any other fees must be clearly identified.
4.5 Price Adjustments.
All proposed pricing shall remain firm for the first year of the subsequent Contract (through December 31, 2019). Companies may request price increases for consideration at least sixty (60) days prior to each anniversary of the Contract effective date. All Section 4
Scope of Services
RFP #269-2018-047 Rental Equipment 28
requests must be submitted in writing to City of Charlotte Procurement Management along with documentation of bona fide ma terials and labor increases for the cost of Products. No adjustments 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.
4.6 Environmental Purchasing Requirements
Each Manufacturer must provide documentation of their respective company’s environmental sustainability policies, measures, and initiatives with their Proposal response per Section 2.6.15 and Section 7 - U.S. Communities Requirements of this RFP.
4.7 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 listing offerings, and services which reflect new technology and improved functionality. All requests are subject to review and approval of the City of Charlotte.
4.8 Emergency Response
Proposal responses must outline their Emergency Response Procedure in case of a natural disaster or emergency situation. Participating Public Agencies may need to rent, lease or purchase equipment during or just after any emergency situation and it is importan t to provide a detailed outline of the process that clearly states any varied rates in the event of an emergency or natural disaster.
4.9 Training
The Company shall provide all operational and safety training associated with any equipment included in the resul ting Contract. This includes any OSHA required certifications or licenses associated with rental of provided equipment. The Proposal response shall include a complete description of training (methods of delivery, available locations, duration, content, etc.) along with pricing structure for each.
4.10 Installation
All Products provided under this Contract that require assembly and installation should be performed by the awarded Company ’s certified installers. All installation work must meet the manufacturer’s specifications and industry standards.
4.11 Safety
All Companies and installers or subcontractors performing services for Charlotte- Mecklenburg are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and 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.
4.12 Warranty
Proposals should address each of the following:
1. Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
2. Warranty period start date.
3. Life expectancy of equipment under normal use.
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Scope of Services
RFP #269-2018-047 Rental Equipment 29
4. Detailed information as to proposed return policy on all equipment.
4.13 Delivery
Company will be responsible for the delivery, setup and pickup of all equipment at no additional charge to the City or Participating Public Agencies. Timely delivery is important to the City and Participating Public Agencies. The Proposal must include the Company’s capabilities to deliver as needed and their willingness to work with each PPA to assure their individual requirements are met.
4.14 Optional Work
Company will be required to provide quotations on a case -by-case basis for optional related work as may be required to provide a full turnkey solution to Participating Public Agencies.
4.15 Reports
Successful Companies must maintain all records in compliance with federal and state regulations. A statistical report and an annual tabulated report must be submitted electronically to the Lead Public Agency upon request.
4.16 References
Proposals must include a minimum of five (5 ) customer references (see Section 6, Form 7) that Company has provided products and services similar to those outlined in this RFP.
4.17 Prevailing Wages
Company must comply with the prevailing wage requirements of each state. Please include any exceptions to this requirement in your proposal response, per Section 2.6.12 of this RFP.
Section 5
Proposal Content and Format
RFP #269-2018-047 Rental Equipment 30
5 PROPOSAL CONTENT AND FORMAT
The City desires all Proposals to be identical in format in order to facilitate comparison.
While the City ’s format may represent departure from the Company ’s preference, the City requires strict adherence to the format. The Proposal will be in the format described in the Checklist included at the front of this RFP (page i).
The City encourages Proposals to be compatible with the City ’s waste reduction goals and policies. Therefore, it is desired that all responses meet the following requirements:
• All Proposals be printed 8 1/2" x 11" format with all standard text no smaller than eleven (11) points;
• All copies be printed double-sided;
• All copies be printed on recycled paper (at least 30% post -consumer recovered material and at least 30% total recovered material);
• Unless necessary, all Proposal originals and copies should minimize or eliminat e use of non-recyclable or non- reusable materials such as 3- ring binders, plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Glued materials, paper clips, and staples are acceptable; and
• Materials must be submitted in a format that allows for easy removal and recycling.
Proposals must also include two (2) flash drives including the entire Proposal in a searchable format such as MS Word or Adobe Acrobat.
5.1.1 Cover Letter
The Proposal must include a letter of transmittal attesting to its accuracy, signed by an individual authorized to execute binding legal documents. The cover letter shall provide the name, address, telephone and facsimile numbe rs of the Company along with the name, title, address, email address, telephone and facsimile numbers of the executive that has the authority to contract with the City . The cover letter shall present the Company's understanding of the Project and a summary of the approach to perform the Services.
5.1.2 Executive Summary
The Company shall submit an executive summary, which outlines its Proposal, including the proposed general management philosophy. The executive summary shall, at a minimum, include an iden tification of the proposed project team, responsibilities of the project team, and a summary of the proposed Services. This section should highlight aspects of this Proposal, which make it superior or unique.
5.1.3 Required Forms
To be deemed responsive to this RFP, Companies must complete , in detail, all Proposal Forms included in Section 6, and Attachment 1.
5.1.4 U.S. Communities Requirements
To be deemed responsive to this RFP, Companies must complete, in detail, all requested information in Section 7.
5.1.5 Exceptions to the RFP
Exceptions must be submitted in accordance with Section 2.6.12 of this RFP. If exceptions are not identified in your Proposal they may not be considered during Contract negotiation and could result in Proposal being rejected from further consideration. If legal counsel needs to review the Sample City Contract prior to signature, reviews must be completed before your Proposal is submitted.
Section 5
Proposal Content and Format
RFP #269-2018-047 Rental Equipment 31
The City intends to enter into a City -drafted Contract with the successful Company that contains the terms a nd conditions set forth in Exhibit A (“Sample Terms”). The number and extent of any exceptions and proposed additions to the Sample Terms will be one of the City’s evaluation criteria.
Accordingly, each Company must state specifically in its Proposal any exceptions to the Sample Terms, or any such exceptions will be waived. Any Company-proposed additional terms or conditions must also be included in the Proposal, and the City reserves the right to refuse consideration of any terms not so included. Any proposed changes to the Sample Terms after tentative contract award may constitute a material change to the Company’s Proposal and be grounds for revoking the award.
Notwithstanding the foregoing, the City reserves the right to modify the Sample Terms prior to or during contract negotiations if it is in the City ’s best interest to do so.
Section 6
Required Forms
RFP #269-2018-047 Rental Equipment 32
REQUIRED FORM 1 - RFP ACKNOWLEDGEMENT
Request For Proposal # 269-2018-047
Equipment Rentals and Related Products and Services
The Company hereby certifies receipt of the Request for Proposals for the City of Charlotte , North Carolina RFP #269-2018-047, Equipment Rentals and Related Products and Services. This form should be completed upon receipt of the City’s Request for Proposals and faxed in time for the City to receive it by or before June 1, 2018. Failure to submit this form by the designated date shall not preclude the Company from submitting a proposal. Please fax or email the completed Request for Proposals Acknowledgement Form to the attention of:
Karen Ewing
Deputy Chief Procurement Officer
Procurement Management
Fax: 704.632.8254
Email: [email protected]
Date: _________________________
Authorized Signature:______________________________________________________ Title:__________________________________________________________________________ Company Name:________________________________________________________________ Contact Name: _________________________________________________________________ Contact E-mail address: __________________________________________________________ Please check the appropriate space below and provide the requested information:
_____We plan to attend the Pre-Proposal Conference and plan on submitting a Proposal Indicate number of attendees:
_____We do not plan to attend the Pre -Proposal Conference but plan on submitting a Proposal
Reason:________________________________________________________________________ _____We do not plan to attend the Pre-Proposal Conference and do not plan on submitting a Proposal
Reason:_______________________________________________________________________ Section 6
Required Forms
RFP #269-2018-047 Rental Equipment 33
REQUIRED FORM 2 - ADDENDA RECEIPT CONFIRMATION
RFP # 269-2018-047
Equipment Rentals and Related Products and Services
Please acknowledge receipt of all addenda by including this form with your Proposal. All addenda will be posted to the NC IPS website at www.ips.state.nc.us and http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx.
ADDENDUM #: DATE ADDENDUM
DOWNLOADED:
_____________ _________
_____________ _________
_____________ _________
_____________ _________
_____________ _________
_____________ _________
I certify that this proposal complies with the Specifications and conditions issued by the City except as clearly marked in the attached copy.
_____________________________ ______________________
(Please Print Name) Date
_____________________________
Authorized Signature
_____________________________
Title
_____________________________
Company Name
Section 6
Required Forms
RFP #269-2018-047 Rental Equipment 34
REQUIRED FORM 3 - PROPOSAL SUBMISSION FORM
RFP # 269-2018-047
Equipment Rentals and Related Products and Services
This Proposal is submitted by:
Company Name: ________________________________________________________ Representative (printed): ________________________________________________________ Address: ________________________________________________________ ________________________________________________________ City/State/Zip: ________________________________________________________ Email address: ________________________________________________________ Telephone: ________________________________________________________ (Area Code) Telephone Number
Facsimile: ________________________________________________________ (Area Code) Fax Number
The representative signing above hereby certifies and agrees that the following information is correct:
1. In preparing its proposal, the Company has considered all proposals submitted from qualified, potential subcontractors and Companies ; and has not engaged in or condoned prohibited discrimination. For purposes of this Section, discrimination means discrimination in the solicitation, selection, or treatment of any subcontractor, vendor or supplier on the basis of race, ethnicity, gender, a ge or disability or any otherwise unlawful form of discrimination. Without limiting the foregoing, discrimination also includes retaliating against any person or other entity for reporting any incident of discrimination.
2. Without limiting any other provision of the solicitation for proposals on this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the City to reject the bid submitted by the Proposer on this Project and to terminate any contract awarded based on such bid.
3. As a condition of contracting with the City, the Company agrees to maintain documentation sufficient to demonstrate that it has not discriminated in its solicitation or selection of subcontractors. The Company further agrees to promptly provide to the City all information and documentation that may be requested by the City from time to time regarding the solicitation and selection of subcontractors. Failure to maintain or failure to provide such information constit utes grounds for the City to reject the bid submitted by the Company or terminate any contract awarded on such bid.
4. As part of its bid or proposal, the Bidder or Proposer shall provide to the City a list of all instances within the past ten years where a complaint was filed or pending against Bidder or Proposer in a legal or administrative proceeding alleging that Bidder or Proposer Section 6
Required Forms
RFP #269-2018-047 Rental Equipment 35
discriminated against its subcontractors, vendors or suppliers, and a description of the status or resolution of that complaint, including any remedial action taken.
5. The information contained in this Proposal or any part thereof, including its Exhibits, Schedules, and other documents and instruments delivered or to be delivered to the City, is true, accurate, and complete. This P roposal includes all information necessary to ensure that the statements therein do not in whole or in part mislead the City as to any material facts.
6. It is understood by the Company that the City reserves the right to reject any and all Proposals, to make awards on all items or on any items according to the best interest of the City, to waive formalities, technicalities, to recover and re-bid this RFP.
7. This Proposal is valid for one hundred and eighty (180) calendar days from the Proposal due date.
I, the undersigned, hereby acknowledge that my company was given the opportunity to provide exceptions to the Sample Terms as included herein as Exhibit A. As such, I have elected to do the following:
___ Include exceptions to the sample contract in the following section of my Proposal:_______ ___ Not include any exceptions to the Sample Terms.
Representative (signed): ________________________________________________________
Section 6
Required Forms
RFP #269-2018-047 Rental Equipment 36
REQUIRED FORM 4 - PRICING WORKSHEET
RFP # 269-2018-047
Equipment Rentals and Related Products and Services
Regardless of exceptions taken, Companies shall provide pricing based on the requirements and terms set forth in this RFP and in compliance with Section 4.4. Pricing . Cost m ust be in United States dollars rounded to the nearest quarter of a dollar.
Refer to Section 4.4 and Attachment 1
Attachment 1 must be completed to include:
Tab 1: Discounts by Category
Tab 2: Additional Charges
Tab 3: Market Basket
Tab 4: Lease Pricing
Tab 5: Purchase Option Pricing
Proposal must include electronic copies (on two separate flash drives) of the Company’s entire proposal, including Attachment 1, all required forms, and a verifiable published price list (refer to Section 4.4) which is widely distributed to the marketplace, or other product literature which describes all the products being offered and.
A hard copy of the pricing sheets must also be submitted with the two (2) required “Original” copies of the Proposal response. Companies shall not alter or revise the Attachments provided by the City in Excel formal. Doing so may result in your proposal being deemed non-responsive.
Section 6
Required Forms
RFP #269-2018-047 Rental Equipment 37
REQUIRED FORM 5 – M/W/SBE PARTICIPATION PLAN
RFP # 269-2018-047
Equipment Rentals and Related Products and Services
The City maintains a strong commitment to the inclusion of MWSBEs in the City’s contracting and procurement process. Companies responding to this RFQ are required to provide an MWSBE Participation Plan as outlined in Section 1.6.6 along with this required Form 4.
The City has established the following MWSBE Goals for all development, planning, design, consulting, pre-construction and construction work, and for any other work, services and products provided on the Project:
• Aggregate MWSBE Goal 10% for City of Charlotte usage estimated to be $800,000 annually.
A list of current registered and certified MWSBEs can be found at:
www.charlottebusinessinclusion.com.
Please indicate if your company is any of the following:
____ MBE ____WBE ____SBE
List Information for Each MWSBE to be Utilized on this Project:
Copy this form as needed to list all MWSBEs.
Firm Name
Work to be Performed
Dollar Amount
Firm Name
Work to be Performed
Dollar Amount
Firm Name
Work to be Performed
Section 6
Required Forms
RFP #269-2018-047 Rental Equipment 38
Dollar Amount
Firm Name
Work to be Performed
Dollar Amount
Firm Name
Work to be Performed
Dollar Amount
Company Name: _____________________________________________________________
Representative (signed): ________________________________________________________ _______________ _____________________________
Date Representative Name
Section 6
Required Forms
RFP #269-2018-047 Rental Equipment 39
REQUIRED FORM 6 – COMPANY’S BACKGROUND RESPONSE
RFP # 269-2018-047
Equipment Rentals and Related Products and Services
Companies shall complete and submit the form below as part of their response to this RFP.
Additional pages may be attached as needed to present the information requested.
Question Response
Company’s legal name
Company Location (indicate corporate
headquarters and location that will be providing
the Services).
How many years has your company been in
business? How long has your company been
providing the Services as described in Section 4?
List any projects or Services terminated by a
government entity. Please disclose the
government entity that terminated and explain the
reason for the termination.
List any litigation that your company has been
involved with during the past two (2) years for
Services similar to those in this RFP.
Provide an overview and history of your
company.
If your company is a subsidiary, identify the
number of employees in your company or
division and the revenues of proposing company
or division.
Identify any certifications held by your company
if you are implementing or reselling another
company's Products or Services. Include how
long the partnership or certification has been
effect.
Describe your company’s complete corporate
structure, including any parent companies,
subsidiaries, affiliates and other related entities.
Describe the ownership structure of your
company, including any significant or controlling
equity holders.
Explain how your organization ensures that
personnel performing the Services are qualified
and proficient.
If your company has been the subject of a dispute
or strike by organized labor within the last five
(5) years, please describe the circumstances and
the resolution of the dispute.
Section 6
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RFP #269-2018-047 Rental Equipment 40
Required form 7 – References
RFP # 269-2018-047
Equipment Rentals and Related Products and Services
Companies shall complete the form below. The City ’s preference is for references from organizations of similar size or where the Company is performing similar Services to those described herein. If such references are not available, individuals or companies that can speak to the Company’s performance are adequate.
Reference 1
Company Name
Contact Name
Phone Number
Reference 2
Company Name
Contact Name
Phone Number
Reference 3
Company Name
Contact Name
Phone Number
Reference 4
Company Name
Contact Name
Phone Number
Reference 5
Company Name
Contact Name
Phone Number
Section 6
Required Forms
RFP #269-2018-047 Rental Equipment 41
REQUIRED FORM 8 – NON-DISCRIMINATION PROVISION
RFP #269-2018-047 Equipment Rentals and Related Products and Services
All requests for Bids or Proposals issued for City Contracts shall include a certification to be completed by the Bidder or Proposer in substantially the following form:
The undersigned Bidder or Proposer hereby certifies and agrees that the following information is correct:
1. In preparing it’s the enclosed Bid or Proposal , the Bidder or Proposer has considered all Bids and Bids submitted from qualified, potential subcontract ors and Company, and has not engaged in discrimination as defined in Section 2.
2. For purposes of this Section, discrimination means discrimination in the solicitation, selection, or treatment of any subcontractor, vendor or supplier on the basis of race, ethnicity, gender, age or disability or any otherwise unlawful form of discrimination. Without limiting the foregoing, discrimination also includes retaliating against any person or other entity for reporting any incident of discrimination.
3. Without limiting any other remedies that the City may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the City to reject the Bid or P roposal submitted with this certification, and terminate any Contract awarded based on such Bid or Proposal It shall also constitute a violation of the City’s Commercial Non - Discrimination Ordinance and shall subject the Bidder or Proposer to any remedies allowed thereunder, including possible disqualification from participating in City Contracts or Bid processes for up to two years.
4. As a condition of Contracting with the City, the Bidder or Proposer agrees to promptly provide to the City all information and documentation that may be requested by the City from time to time regarding the solicitation and selection of Company and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information shall constitute grounds for the City to reject the Bid or Proposal and to any Contract awarded on such Bid or Proposal . It shall also constitute a violation of the City’s Commercial Non -Discrimination Ordinance, and shall subject the Bidder or Proposer to any remedies that are allowed thereunder.
5. As part of its Bid, or Proposal, the Bidder or Proposer shall provide to the City a list of all instances within the past ten years where a complaint was filed or pending against Bidder or Proposer in a legal or administrative proceeding alleging that Bidder or Proposer discriminated against its subcontractors, vendors or suppliers , and a description of the status or resolution of that complaint, including any remedial action taken.
6. As a condition of submitting a Bid to the City, the Bidder or Proposer agrees to comply with the City’s Commercial Non-Discrimination 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.
NAME OF COMPANY:
BY: TITLE:
SIGNATURE OF AUTHORIZED OFFICIAL:
DATE:
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RFP #269-2018-047 Rental Equipment 42
REQUIRED FORM 9 – DEBARMENT CERTIFICATION
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY
MATTERS
The bidder, or service provider, as appropriate, certifies to the best of its knowledge and belief that neither it nor any of its officers, directors, managers who will be working under this Contract or persons or entities holding a greater than 10% equity interest in it (collectively “Principals”):
1. Are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department or agency in the United States;
2. Have within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract; violation of federal or state anti-trust or procurement statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are presently indicted for or otherwise criminally or civilly charged by a government entity, (federal, state or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; and
4. Have within a three year period preceding this applicati on/proposal had one or more public transactions (federal, state or local) terminated for cause or default.
I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award or in some insta nces, criminal prosecution.. [Select one of the options below by checking associated box and completing associated blanks.]
Option 1: I certify to all of the above statements.
COMPANY NAME: _____________________
BY: __________________________________
(signature)
PRINT NAME: _________________________
TITLE: _______________________________
DATE: _______________________________
Option 2: I cannot certify to one or more the above statements. Attached is my explanation.
COMPANY NAME: _____________________
BY: __________________________________
(signature)
PRINT NAME: _________________________
TITLE: _______________________________
DATE: _______________________________
Note: If unable to certify (Option 2 is selected), the bidder or service provider may still be awarded depending upon the explanation offered.
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RFP #269-2018-047 Rental Equipment 43
COMPANY WORKSHEET FOR NATIONAL PROGRAM CONSIDERATION
Suppliers are required to meet specific qualifications for national program consideration. Please respond in the spaces provided after each qualification statement below:
A. Will pricing for all Products/Services offered be the most competitive pricing offered by your organization to Participating Public Agencies nationally? YES____ NO____
B. Does your company have the ability to provide products and services to any Participating Public Agency in all 50 states?
YES____ *NO____
(*If no, identify the states where you do not have the ability to provide products and services to Participating Public Agencies.)
C. Does your company have a national sales force, dealer network or distributor with the ability to call on Participating Public Agencies in at least 35 U.S. states? YES____ *NO____
(*If no, identify the states where you have the ability to call on Participating Public Agencies.)
D. Check which applies for your company sales last year in the United States:
_____ Sales between $0 and $25,000,000
_____ Sales between $25,000,001 and $50,000,000
_____ Sales between $50,000,001 and $100,000,000
_____ Sales greater than $100,000,001
E. Will your company assign a dedicated National Account Manager to support the resulting U.S.
Communities contract?
YES____ NO____
F. Does your company maintain records of your Participating Public Agencies’ sales that you can and will share with U.S. Communities to monitor program implementation progress? YES____ NO____
G. Will your company commit to the implementation schedule in Section 1? YES____ NO____
H. Will the U.S. Communities contract be your lead public offering to Participating Public Agencies? YES____ NO_____
_____________________________________________________________________________ Submitted by:
________________________________ ___________________________________ (Printed Name) (Signature)
________________________________ ___________________________________ (Title) (Date)
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SUPPLIER INFORMATION
Please respond to the following requests for information about your company:
National Commitments
1. Please provide a written narrative describing your understanding and acceptance of each of the Supplier Commitments (Corporate, Pricing, Economy and Sales) shown in Section
1.5. Company Overview
1. Provide the total number and location of sales persons employed by your company in the United States.
Example:
NUMBER OF SALES
REPRESENTATIVES CITY STATE
13 Phoenix AZ
6 San Francisco CA
10 Atlanta GA
12 Bois e ID
6 Lex ington KY
5 New Orleans LA
3 Philadelphia PA
Etc. Etc.
Total: 366
2. Please provide a narrative of how these sales people would be used to market the contract to eligible agencies across the country. Please describe what you have in place today and your future plans, if you were awarded the contract.
3. Explain how your company will educate its sales force about the Master Agreement.
4. Provide the company annual sales for 2015, 2016 and 2017 in the United States; Sales reporting should be segmented into the following categories:
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Segment 2015 Sales 2016 Sales 2017 Sales
Cities
Counties
K-12 (Pubic/Private)
Higher Education (Public/Private)
States
Other Public Sector and Nonprofits
Federal
Private Sector
Total Supplier Sales
SUPPLIER ANNUAL SALES IN THE UNITED STATE FOR 2015, 2016, AND 2017
5. For the proposed products and services included in the scope of your response, provide annual sales for 2015, 2016 and 2017 in the United States. Sales reporting should be segmented into the following categories:
Segment 2015 Sales 2016 Sales 2017 Sales
Cities
Counties
K-12 (Pubic/Private)
Higher Education (Public/Private)
States
Other Public Sector and Nonprofits
Federal
Private Sector
Total Supplier Sales
SUPPLIER ANNUAL SALES IN THE UNITED STATE FOR 2015, 2016, AND 2017
6. Provide a list of your company’s ten largest public agency customers, including contact information.
7. Please list any existing regional and/or national cooperative purchasing programs.
Provide the entity’s name(s), contract scope, contract term (including contract options) and annual volume by year for each of the last three years.
Order Processing and Distribution
1. Describe your company’s normal order processing procedure from point of customer contact through delivery and billing.
2. In what formats do you accept orders (telephone, ecommerce, etc.)?
3. Please state your normal payment terms and any quick -pay incentives available to Participating Public Agencies.
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4. State which forms of ordering allow the use of a procurement card and the accepted banking (credit card) affiliation.
5. Describe how your company proposes to distribute the Products and Services nationwide.
6. Identify all other companies that will be involved in processing, handling or shipping the Products and Services to the end user.
7. Provide the number, size and location of your company’s distribution facilities, warehouses, support centers and retail network (if applicable).
8. Describe your ability to provide customized reports (i.e. commodity histories, purchase histories by department, green spend, etc.) for each Participating Public Agency.
9. Describe your company’s ecommerce capabilities:
a. Include details about your company’s ability to create punch out sites and accept orders electronically.
b. Provide detail on your company’s ability to integrate with a pubic agency’s ERP/purchasing system (Oracle, SAP, Jaggaer, etc.). Please include some details about the resources you have in place to support these integrations.
10. If applicable, describe your company’s ability to do business with manufacturer/dealer/distribution organizations that are either small or MWBE businesses as defined by the Small Business Administration.
a. If applicable, describe other ways your company can be sensitive to a Participating Public Agency’s desire to utilize local and/or MWBE companies, such as number of local employees and offices in a particular geographic area, companies your firm is using that may be local (i.e. local delivery truck company), etc.
b. If applicable, provide details on any products or services being offered by your company where the manufacturer or service provider is either a small or MWBE business as defined by the Small Business Administration. Provide product/service name, company name and small/MWBE designation.
Marketing and Sales
1. Provide a detailed outline of your company’s sales and marketing plan for marketing your offering to eligible agencies nationwide.
2. Explain how your company will market and transition the Master Agreement into the primary offering to Participating Public Agencies. How will your organization differentiate the new agreement from existing contracts you may have today?
3. Please describe your sales goals if awarded the Master Agreement, including targeted dollar volume by year:
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RFP #269-2018-047 Rental Equipment 47
$_______.00 in year one
$_______.00 in year two
$_______.00 in year three
National Staffing Plan
1. Please identify the key personnel who will lead and support the implementation period of the contract outlined in Section One, New Supplier Implementation Checklist, along with the amount of time to be devoted to implementation.
2. Identify the key personnel who are to be engaged in this contract throughout the term of the contract, including each of the roles described below:
3. Provide an organizational chart of your company.
4. Submit a bio for each of the below personnel:
a. The person your company proposes to serve as the National Accounts Manager;
b. Each person that will have primary responsibility for U.S. Communities account management; and
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c. Key executive personnel that will be supporting the program.
Products, Services and Solutions
1. Provide a description of how your offering meets the requirements set forth in Section Four of the RFP. The primary objective is for each Supplier to provide its complete offering so that Participating Public Agencies may purchase a range of products and services as appropriate for their needs.
2. Please describe any training and educational programs you offer. This may include the ability to provide on-site or online training and educational seminars or technical knowledge.
3. Please provide any consulting services included in your offering. Examples include inventory solutions, emergency preparedness programs and design services.
4. Please describe any emergency response programs or services you offer to Public Agencies.
5. Please describe any fleet management programs or products you offer to Public Agencies.
Environmental
1. Provide a brief description of your company’s environmental initiatives, including your company’s environmental policies and/or strategies, your investments in being an environmentally preferable product leader, and any resources dedicated to your environmental strategy, including staff.
2. Describe your company’s recycling services. Describe any buy back or take back options offered for products sold on this contract such as batteries, mercury-containing equipment, paint, chemicals, etc. Describe your company’s efforts to reduce or reuse packaging (or avoid difficult-to-recycle packaging such as polystyrene foam) and minimize the environmental footprint in the shipping process.
3. What percentage of your offering is environmentally preferable and what are your plans to improve this offering?
Financial Statements
1. Submit your latest Dun & Bradstreet report.
2. Please include an audited income statement and balance sheet from the most recent reporting period.
Additional Information
Please use this opportunity to describe any other offerings your organization can provide that you feel will give additional value and benefit to Participating Public Agencies.
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RFP #269-2018-047 Rental Equipment 49
ADMINISTRATION AGREEMENT
This ADMINISTRATION AGREEMENT (“Agreement”) is made as of ________________, by and between U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE (“U.S. Communities”) and _______________________ (“Supplier”).
RECITALS
WHEREAS, (“Lead Public Agency”) has entered into a certain Master Agreement dated as of even date herewith, referenced as Agreement No. _______, by and between Lead Public Agency and Supplier (as amended from time to time in accordance with the terms thereof, the “Master Agreement”) for the purchase of ___________________ (the “Products and Services”);
WHEREAS, the Master Agreement provides that any state, county, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution (including community colleges, colleges and universities, both public and private), other government agency or nonprofit organization (each a “Public Agency” and collectively, “Public Agencies”) may purchase Products and Services at the prices indicated in the Master Agreement upon prior registration with U.S. Communities, in which case the Public Agency becomes a “Participating Public Agency”;
WHEREAS, U.S. Communities has the administrative and legal capacity to administer purchases under the Master Agreement to Participating Public Agencies;
WHEREAS, U.S. Communities serves in an administrative capacity for Lead Public Agency and other lead public agencies in connection with other master agreements offered by U.S. Communities;
WHEREAS, Lead Public Agency desires U.S. Communities to proceed with administration of the Master Agreement on the same basis as other master agreements;
WHEREAS, “U.S. Communities Government Purchasing Alliance” is a trade name licensed by U.S. Communities Purchasing & Finance Agency; and
WHEREAS, U.S. Communities and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies.
NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, U.S. Communities and Supplier hereby agree as follows:
ARTICLE I
GENERAL TERMS AND CONDITIONS
1.1 The Master Agreement, attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement.
1.2 U.S. Communities shall be afforded all of the rights, privileges and indemnifications afforded to Lead Public Agency under the Master Agreement, and such rights, Section 7
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privileges and indemnifications shall accrue and apply with equal effect to U.S. Communities under this Agreement including, without limitation, Supplier’s obligation to provide insurance and indemnifications to Lead Public Agency.
1.3 Supplier shall perform all duties, responsibilities and obligations required under the Master Agreement.
1.4 U.S. Communities shall perform all of its duties, responsibilities and obligations as administrator of purchases under the Master Agreement as set forth herein, and Supplier acknowledges that U.S. Communities shall act in the capacity of administrator of purchases under the Master Agreement.
1.5 With respect to any purchases made by Lead Public Agency or any Participating Public Agency pursuant to the Master Agreement, U.S. Communities (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Supplier, Lead Public Agency or such Participating Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Lead Public Agency, any Participating Public Agency or any employee of Lead Public Agency or a Participating Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by a Participating Public Agency to (i) comply with procedures or requirements of applicable law or ordinance, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. U.S. Communities makes no representations or guaranties with respect to any minimum purchases required to be made by Lead Public Agency, any Participating Public Agency, or any employee of Lead Public Agency or a Participating Public Agency under the Master Agreement.
ARTICLE II
TERM OF AGREEMENT
2.1 This Agreement is effective as of ____________________ and shall terminate upon termination of the Master Agreement or any earlier termination in accordance with the terms of this Agreement, provided, however, that the obligation to pay all amounts owed by Supplier to U.S. Communities through the termination of this Agreement and all indemnifications afforded by Supplier to U.S. Communities shall survive the term of this Agreement.
ARTICLE III
REPRESENTATIONS AND COVENANTS
3.1 U.S. Communities views the relationship with Supplier as an opportunity to provide benefits to the Lead Public Agency, Public Agencies and Supplier. The successful foundation of the relationship requires certain representations and covenants from both U.S.
Communities and Supplier.
3.2 U.S. Communities’ Representations and Covenants.
(a) Marketing. U.S. Communities shall proactively market the Master Agreement to Public Agencies using resources such as a network of major sponsors including the National League of Cities (NLC), National Association of Counties (NACo), United States Section 7
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Conference of Mayors (USCM), and the Association of School Business Officials (ASBO) (collectively, the “Founding Co-Sponsors”) and individual national, regional and state-level sponsors. In addition, the U.S. Communities staff shall make best efforts to enhance Supplier’s marketing efforts through meetings with Public Agencies, participation in key events and tradeshows and other marketing activity such as advertising, articles and promotional campaigns.
(b) Training and Knowledge Management Support. U.S. Communities shall provide support for the education, training and engagement of Supplier’s sales force as provided herein. Through its staff (each, a “Program Manager” and collectively, the “Program Managers”), U.S. Communities shall, with scheduling assistance from Supplier, conduct training sessions and conduct calls jointly with Supplier to Public Agencies. U.S. Communities shall also provide Supplier with access to U.S. Communities’ private intranet website which provides presentations, documents and information to assist Supplier’s sales force in effectively promoting the Master Agreement.
3.3 Supplier’s Representations and Covenants. Supplier hereby represents and covenants as follows in order to ensure that Supplier is providing the highest level of public benefit to Participating Public Agencies (such representations and covenants are sometimes referred to as “Supplier’s Commitments” and are comprised of the Corporate Commitment, Pricing Commitment, Economy Commitment and Sales Commitment):
(a) Corporate Commitment.
(i) The pricing, terms and conditions of the Master Agreement shall, at all times, be Supplier’s primary contractual offering of Products and Services to Public Agencies. All of Supplier’s direct and indirect marketing and sales efforts to Public Agencies shall demonstrate that the Master Agreement is Supplier’s primary offering and not just one of Supplier’s contract options.
(ii) Supplier’s sales force (including inside, direct and/or authorized dealers, distributors and representatives) shall always present the Master Agreement when marketing Products or Services to Public Agencies.
(iii) Supplier shall advise all Public Agencies that are existing customers of Supplier as to the pricing and other value offered through the Master Agreement.
(iv) Upon authorization by a Public Agency, Supplier shall transition such Public Agency to the pricing, terms and conditions of the Master Agreement.
(v) Supplier shall ensure that the U.S. Communities program and the Master Agreement are actively supported by Supplier’s senior executive management.
(vi) Supplier shall provide a national/senior management level representative with the authority and responsibility to ensure that the Supplier’s Commitments are maintained at all times. Supplier shall also designate a lead referral contact person who shall be responsible for receiving communications from U.S. Communities concerning new Participating Public Agency registrations and for ensuring timely follow-up by Supplier’s staff to requests for contact from Participating Public Agencies. Supplier shall also provide the personnel necessary to implement and support a supplier-based internet web page dedicated to Supplier’s U.S.
Communities program and linked to U.S. Communities’ website and shall implement and support such web page.
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(vii) Supplier shall demonstrate in its procurement solicitation response and throughout the term of the Master Agreement that national/senior management fully supports the U.S. Communities program and its commitments and requirements. National/Senior management is defined as the executive(s) with companywide authority.
(viii) Where Supplier has an existing contract for Products and Services with a state, Supplier shall notify the state of the Master Agreement and transition the state to the pricing, terms and conditions of the Master Agreement upon the state’s request.
Regardless of whether the state decides to transition to the Master Agreement, Supplier shall primarily offer the Master Agreement to all Public Agencies located within the state.
(b) Pricing Commitment.
(i) Supplier represents to U.S. Communities that the pricing offered under the Master Agreement is the lowest overall available pricing (net to purchaser) on Products and Services that it offers to Public Agencies. Supplier’s pricing shall be evaluated on either an overall project basis or the Public Agency’s actual usage for more frequently purchased Products and Services.
(ii) Contracts Offering Lower Prices. If a pre-existing contract and/or a Public Agency’s unique buying pattern provide one or more Public Agencies a lower price than that offered under the Master Agreement, Supplier shall match that lower pricing under the Master Agreement and inform the eligible Public Agencies that the lower pricing is available under the Master Agreement. If an eligible Public Agency requests to be transitioned to the Master Agreement, Supplier shall do so and report the Public Agency’s purchases made under the Master Agreement going forward. The price match only applies to the eligible Public Agencies.
Below are three examples of Supplier’s obligation to match the pricing under Supplier’s contracts offering lower prices.
(A) Supplier holds a state contract with lower pricing that is available to all Public Agencies within the state. Supplier would be required to match the lower state pricing under the Master Agreement and make it available to all Public Agencies within the state.
(B) Supplier holds a regional cooperative contract with lower pricing that is available only to the ten cooperative members. Supplier would be required to match the lower cooperative pricing under the Master Agreement and make it available to the ten cooperative members.
(C) Supplier holds a contract with an individual Public Agency. The Public Agency contract does not contain any cooperative language and therefore other Public Agencies are not eligible to utilize the contract. Supplier would be required to match the lower pricing under the Master Agreement and make it available only to the individual Public Agency.
(iii) Deviating Buying Patterns. Occasionally U.S. Communities and Supplier may interact with a Public Agency that has a buying pattern or terms and conditions that considerably deviate from the normal Public Agency buying pattern and terms and conditions, and causes Supplier’s pricing under the Master Agreement to be higher than an alternative contract held by Supplier. This could be created by a unique end-user preference or Section 7
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requirements. In the event that this situation occurs, Supplier may address the issue by lowering the price under the Master Agreement on the item(s) causing the large deviation for that Public Agency. Supplier would not be required to lower the price for other Public Agencies.
(iv) Supplier’s Options in Responding to a Third Party
Procurement Solicitation. While it is the objective of U.S. Communities to encourage Public Agencies to piggyback on to the Master Agreement rather than issue their own procurement solicitations, U.S. Communities recognizes that for various reasons some Public Agencies will issue their own solicitations. The following options are available to Supplier when responding to a Public Agency solicitation:
(A) Supplier may opt not to respond to the procurement
solicitation. Supplier may make the Master Agreement available to the Public Agency as a comparison to its solicitation responses.
(B) Supplier may respond with the pricing, terms and
conditions of the Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales under the Master Agreement.
(C) If competitive conditions require pricing lower than the standard Master Agreement pricing, Supplier may submit lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales under the Master Agreement. Supplier would not be required to extend the lower price to other Public Agencies.
(D) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement. If awarded a contract, Supplier shall still be bound by all obligations set forth in this Section 3.3, including, without limitation, the requirement to continue to advise the awarding Public Agency of the pricing, terms and conditions of the Master Agreement.
(E) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement and if an alternative response is permitted, Supplier may offer the pricing under the Master Agreement as an alternative for consideration.
(c) Economy Commitment. Supplier shall demonstrate the benefits, including the pricing advantage, of the Master Agreement over alternative options, including competitive solicitation pricing and shall proactively offer the terms and pricing under the Master Agreement to Public Agencies as a more effective alternative to the cost and time associated with such alternate bids and solicitations.
(d) Sales Commitment. Supplier shall market the Master Agreement through Supplier’s sales force or dealer network that is properly trained, engaged and committed to offering the Master Agreement as Supplier’s primary offering to Public Agencies. Supplier’s sales force compensation and incentives shall be greater than or equal to the compensation and incentives earned under other contracts to Public Agencies.
(i) Supplier Sales. Supplier shall be responsible for proactive sales of Supplier’s Products and Services to Public Agencies and the timely follow-up to sales leads Section 7
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identified by U.S. Communities. Use of product catalogs, targeted advertising, direct mail, online marketing and other sales initiatives are encouraged. All of Supplier’s sales materials targeted towards Public Agencies shall include the U.S. Communities logo. U.S. Communities hereby grants to Supplier, during the term of this Agreement, a non-exclusive, revocable, non- transferable, license to use the U.S. Communities name, trademark, and logo solely to perform its obligations under this Agreement, and for no other purpose. Any goodwill, rights, or benefits derived from Supplier's use of the U.S. Communities name, trademark, or logo shall inure to the benefit of U.S. Communities. U.S. Communities shall provide Supplier with its logo and the standards to be employed in the use of the logo. During the term of the Agreement, the Supplier shall provide U.S. Communities with its logo and the standards to be employed in the use of the logo for purposes of reproducing and using Supplier’s name and logo in connection with the advertising, marketing and promotion of the Master Agreement to Public Agencies. Supplier shall assist U.S. Communities by providing camera-ready logos and by participating in related trade shows and conferences. At a minimum, Supplier's sales initiatives shall communicate that (i) the Master Agreement was competitively solicited by the Lead Public Agency, (ii) the Master Agreement provides the Supplier’s best overall pricing and value to eligible agencies, (iii) there is no cost to Participating Public Agencies, and (iv) the Master Agreement is a non-exclusive contract.
(ii) Branding and Logo Compliance. Supplier shall be responsible for complying with the U.S. Communities branding and logo standards and guidelines. Prior to use by Supplier, all U.S. Communities related marketing material must be submitted to U.S.
Communities for review and approval.
(iii) Sales Force Training. Supplier shall train its national sales force on the Master Agreement and U.S. Communities program. U.S. Communities shall be available to train on a national, regional or local level and generally assist with the education of sales personnel.
(iv) Participating Public Agency Access. Supplier shall establish the following communication links to facilitate customer access and communication:
(A) A dedicated U.S. Communities internet web-based
homepage that is accessible from Supplier’s homepage or main menu navigation containing:
(1) U.S. Communities standard logo with Founding
Co- Sponsors logos;
(2) Copy of original procurement solicitation;
(3) Copy of Master Agreement including any
amendments;
(4) Summary of Products and Services pricing;
(5) Electronic link to U.S. Communities’ online
registration page; and
(6) Other promotional material as requested by U.S.
Communities.
(B) A dedicated toll-free national hotline for inquiries regarding U.S. Communities.
(C) A dedicated email address for general inquiries in the following format: uscommunities@(name of supplier).com.
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(v) Electronic Registration. Supplier shall be responsible for ensuring that each Public Agency has completed U.S. Communities’ online registration process prior to processing the Public Agency’s first sales order.
(vi) Supplier’s Performance Review. Upon request by U.S.
Communities, Supplier shall participate in a performance review meeting with U.S. Communities to evaluate Supplier’s performance of the covenants set forth in this Agreement.
(vii) Supplier Content. Supplier may, from time to time, provide certain graphics, media, and other content to U.S. Communities (collectively "Supplier Content") for use on U.S. Communities websites and for general marketing and publicity purposes. During the term of the Agreement, Supplier hereby grants to U.S. Communities and its affiliates a non- exclusive, worldwide, free, transferrable, license to reproduce, modify, distribute, publically perform, publically display, and use Supplier Content in connection with U.S. Communities websites and for general marketing and publicity purposes, with the right to sublicense each and every such right. Supplier warrants that: (a) Supplier is the owner of or otherwise has the unrestricted right to grant the rights in and to Supplier Content as contemplated hereunder; and (b) the use of Supplier Content and any other materials or services provided to U.S. Communities as contemplated hereunder will not violate, infringe, or misappropriate the intellectual property rights or other rights of any third party
3.4 Breach of Supplier’s Representations and Covenants. The representations and covenants set forth in this Agreement are the foundation of the relationship between U.S. Communities and Supplier. If Supplier is found to be in violation of, or non- compliance with, one or more of the representations and covenants set forth in this Agreement, Supplier shall have ninety (90) days from the notice of default to cure such violation or non- compliance and, if Supplier fails to cure such violation or non-compliance within such notice period, it shall be deemed a cause for immediate termination of the Master Agreement at Lead Public Agency’s sole discretion or this Agreement at U.S. Communities’ sole discretion.
3.5 Indemnity. Supplier hereby agrees to indemnify and defend U.S.
Communities, and its parent companies, subsidiaries, affiliates, shareholders, member, manager, officers, directors, employees, agents, and representatives from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of any of Supplier's representations, warranties, or covenants in this Agreement.
ARTICLE IV
PRICING AUDITS
4.1 Supplier shall, at Supplier’s sole expense, maintain an accounting of all purchases made by Lead Pub made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. U.S. Communities shall have the authority to conduct random audits of Supplier’s pricing that is offered to Participating Public Agencies at U.S.
Communities’ sole cost and expense. Notwithstanding the foregoing, in the event that U.S.
Communities is made aware of any pricing being offered to three (3) or more Participating Public Section 7
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Agencies that is materially inconsistent with the pricing under the Master Agreement, U.S.
Communities shall have the ability to conduct a reasonable audit of Supplier’s pricing at Supplier’s sole cost and expense during regular business hours upon reasonable notice. U.S.
Communities may conduct the audit internally or may engage a third-party auditing firm on a non-contingent basis. Supplier shall solely be responsible for the cost of the audit. In the event of an audit, the requested materials shall be provided in the format and at the location where kept in the ordinary course of business by Supplier.
ARTICLE V
FEES & REPORTING
5.1 Administrative Fees. Supplier shall pay to U.S. Communities a monthly administrative fee based upon the total sales price of all purchases shipped and billed pursuant to the Master Agreement, excluding taxes, in the amount of two percent (2%) of aggregate purchases made during each calendar month (individually and collectively, “Administrative Fees”). Supplier’s annual sales shall be measured on a calendar year basis. All Administrative Fees shall be payable in U.S. Dollars and shall be made by wire to U.S. Communities, or its designee or trustee as may be directed in writing by U.S. Communities. Administrative Fees shall be due and payable within thirty (30) days of the end of each calendar month for purchases shipped and billed during such calendar month. U.S. Communities agrees to pay to Lead Public Agency five percent (5%) of all Administrative Fees received from Supplier to help offset Lead Public Agency’s costs incurred in connection with managing the Master Agreement nationally.
5.2 Sales Reports. Within thirty (30) days of the end of each calendar month, Supplier shall deliver to U.S. Communities an electronic accounting report, in the format prescribed by Exhibit B, attached hereto, summarizing all purchases made under the Master Agreement during such calendar month (“Sales Report”). All purchases indicated in the Sales Report shall be denominated in U.S. Dollars. All purchases shipped and billed pursuant to the Master Agreement for the applicable calendar month shall be included in the Sales Report.
Submitted reports shall be verified by U.S. Communities against its registration database. Any data that is inconsistent with the registration database shall be changed prior to processing. U.S.
Communities reserves the right upon reasonable advance notice to Supplier to change the prescribed report format to accommodate the distribution of the Administrative Fees to its program sponsors and state associations.
5.3 Exception Reporting/Sales Reports Audits. U.S. Communities or its designee may, at its sole discretion, compare Supplier’s Sales Reports with Participating Public Agency records or other sales analysis performed by Participating Public Agencies, sponsors, advisory board members or U.S. Communities staff. If there is a material discrepancy between the Sales Report and such records or sales analysis as determined by U.S. Communities, U.S. Communities shall notify Supplier in writing and Supplier shall have thirty (30) days from the date of such notice to resolve the discrepancy to U.S. Communities’ reasonable satisfaction. Upon resolution of the discrepancy, Supplier shall remit payment to U.S. Communities’ trustee within fifteen (15) calendar days. Any questions regarding an exception report should be directed to U.S.
Communities in writing to [email protected]. If Supplier does not resolve the discrepancy to U.S. Communities’ reasonable satisfaction within thirty (30) days, U.S.
Communities shall have the right to engage outside services to conduct an independent audit of Supplier’s reports. Supplier shall solely be responsible for the cost of the audit.
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5.4 Online Reporting. Within forty-five (45) days of the end of each calendar month, U.S. Communities shall provide online reporting to Supplier containing Supplier’s sales reporting for such calendar month. Supplier shall have access to various reports through the U.S.
Communities intranet website. Such reports are useful in resolving reporting issues and enabling Supplier to better manage its Master Agreement.
5.5 Usage Reporting. Within thirty (30) days of the end of each contract year, Supplier shall deliver to U.S. Communities an electronic usage report of all sales under the Master Agreement, including:
(i) Supplier’s Product Number
(ii) Product Description
(iii) Manufacturer Name
(iv) Manufacturer Number
(v) Unit of Measure
(vi) U.S. Communities Price
(vii) Number of times ordered
(viii) Units sold
(ix) Sales by Manufacturer
5.6 Supplier’s Failure to Provide Reports or Pay Administrative Fees. Failure to provide a Sales Report or pay Administrative Fees within the time and in the manner specified herein shall be regarded as a material breach under this Agreement and if not cured within thirty (30) days of written notice to Supplier, shall be deemed a cause for termination of the Master Agreement at Lead Public Agency’s sole discretion or this Agreement at U.S. Communities’ sole discretion. All Administrative Fees not paid within thirty (30) days of the end of the previous calendar month shall bear interest at the rate of one and one-half percent (1.5%) per month until paid in full.
ARTICLE VI
MISCELLANEOUS
6.1 Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
6.2 Assignment.
(a) Supplier. Neither this Agreement nor any rights or obligations hereunder shall be assignable by Supplier without prior written consent of U.S. Communities, and any assignment without such consent shall be void.
(b) U.S. Communities. This Agreement and any rights or obligations hereunder may be assigned by U.S. Communities in U.S. Communities’ sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform U.S.
Communities’ obligations hereunder.
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6.3 Notices. All reports, notices or other communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery requiring signature on receipt to the addresses as set forth below. U.S. Communities may, by written notice delivered to Supplier, designate any different address to which subsequent reports, notices or other communications shall be sent.
U.S. Communities: U.S. Communities
9711 Washingtonian Blvd. Suite 100
Gaithersburg, MD 20878-7381
Attn: Program Manager Administration
Supplier: ________________________________
________________________________
________________________________
________________________________
Attn: U.S. Communities Program Manager
6.4 Severability. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever.
6.5 Waiver. Any failure of a party to enforce, for any period of time, any of the provisions under this Agreement shall not be construed as a waiver of such provisions or of the right of said party thereafter to enforce each and every provision under this Agreement.
6.6 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
6.7 Modifications. This Agreement may not be effectively amended, changed, modified, altered or terminated without the prior written consent of the parties hereto.
6.8 Governing Law; Arbitration. This Agreement will be governed by and interpreted in accordance with the laws of the State of California without regard to any conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this dispute resolution clause, shall be determined by arbitration in Walnut Creek, California, before one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The prevailing party will be entitled to recover its reasonable attorneys' fees and arbitration costs from the other party. The arbitration award shall be final and binding. Each party commits that prior to commencement of arbitration proceedings, the parties shall submit the dispute to JAMS for mediation. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of neutrals, and in promptly scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. The mediation will be conducted by each party designating a duly authorized officer or other representative to represent the party with the authority to bind the party, and that the parties agree to exchange informally such information as is reasonably necessary and relevant to the issues being mediated. All offers, promises, conduct, Section 7
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RFP #269-2018-047 Rental Equipment 59
and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any JAMS employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. If the dispute is not resolved within thirty (30) days from the date of the submission of the dispute to mediation (or such later date as the parties may mutually agree in writing), the administration of the arbitration shall proceed. The mediation may continue, if the parties so agree, after the appointment of the arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The pendency of a mediation shall not preclude a party from seeking provisional remedies in aid of the arbitration from a court of appropriate jurisdiction, and the parties agree not to defend against any application for provisional relief on the ground that a mediation is pending.
6.9 Successors and Assigns. This Agreement shall inure to the benefit of and shall be binding upon U.S. Communities, Supplier and any successor and assign thereto; subject, however, to the limitations contained herein.
[Remainder of Page Intentionally Left Blank – Signatures Follow] Section 7
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IN WITNESS WHEREOF, U.S. Communities has caused this Agreement to be executed in its name and Supplier has caused this Agreement to be executed in its name, all as of the date first written above.
U.S. Communities:
U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE
By _______________________________
Name: _______________________________
Title: _______________________________
Supplier:
_____________________________________
By _______________________________
Name: _______________________________
Title: _______________________________
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ATTACHMENT A
MASTER AGREEMENT
(Lead Public Agency Master Agreement/Contract to be attached at time of award.)
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ATTACHMENT B
SALES REPORT FORMAT
Appendix B - US (Data Format)
TIN Supplier ID Account No. Agency Name Dept Name Address City State Zip Agency TypeYear Qtr Month Amount 956000735 178 89518997 CITY OF LA/MGMT EMPL SVCS Purchasing 555 RAMIREZ ST STE 312 LOS ANGELES CA 90012 20 2015 3 1 1525.50 956000222 178 34868035 LOS ANGELES COUNTY Facilities 350 S FIGUEROA ST STE 700 LOS ANGELES CA 90071 30 2015 3 1 1603.64 956000735 178 89496461 CITY OF LA/ENVIRON AFFAIR Purchasing 555 RAMIREZ ST STE 312 LOS ANGELES CA 90012 20 2015 3 1 1625.05 956000735 178 89374835 CITY OF LA/COMMUNITY DEV Purchasing 555 RAMIREZ ST STE 312 LOS ANGELES CA 90012 20 2015 3 1 45090.79 066002010 178 328NA0001053 GROTON TOWN OF PUBLIC WORKS Water 123 A St. GROTON CT 06340 20 2015 3 1 318.00 066001854 178 328NA0001051 GROTON CITY OF Administration 123 A St. GROTON CT 06340 20 2015 3 1 212.00 Column Name Required Data Type Length Example Comment
TIN Optional Text 9 956000735 No Dash, Do not omit leading zero.
Supplier ID Yes Number 3 111 See Supplier ID Table Below Account No. Yes Text 25 max
Agency Name Yes Text 255 max
Dept Name Optional Text 255 max
Address Yes Text 255 max
City Yes Text 255 max Los Angeles Must be a valid City name State Yes Text 2 CA
Zip Yes Text 5 90071 No Dash, Do not omit leading zero, Valid zip code Agency Type Yes Number 2 30 See Agency Type Table Below Year Yes Number 4 2010
Qtr Yes Number 1 4
Month Yes Number 2
Amount Yes Number variable 45090.79 Two digit decimal point, no $ sign or commas Agency Type ID Agency Type Description
10 K-12
11 Community College
12 College and University
20 City
21 City Special District
22 Consolidated City/County
30 County
31 County Special District
40 Federal
41 Crown Corporations
50 Housing Authority
80 State Agency
81 Independent Special District
82 Non-Profit
84 Other
Agency Type Table
Sales Report Template
SALES REPORT DATA FORMAT
Depends on supplier account no.
Los Angeles County
Purchasing Dept
12 Section 8
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U.S. COMMUNITIES ADDITIONAL PROVISIONS
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Master Intergovernmental Cooperative Purchasing Agreement (“Agreement”) is made between certain government agencies that execute a Lead Public Agency Certificate (collectively, “Lead Public Agencies”) to be appended and made a part hereof and other government agencies (“Participating Public Agencies”) that agree to the terms and conditions hereof through the U.S. Communities registration process and made a part hereof.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Lead Public Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers (each, a “Contract Supplier”) have entered into Master Agreements with Lead Public Agencies to provide a variety of goods, products and services based on national and international volumes (herein “Products and Services”);
WHEREAS, Master Agreements are made available by Lead Public Agencies through U.S.
Communities and provide that Participating Public Agencies may purchase Products and Services on the same terms, conditions and pricing as the Lead Public Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase;
WHEREAS, the parties desire to comply with the requirements and formalities of any intergovernmental cooperative act, if applicable, to the laws of the State of purchase;
WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost;
WHEREAS, the parties hereto desire to improve the efficiency, effectiveness and economy of the procurement of necessary Products and Services;
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties agree as follows:
1. That each party will facilitate the cooperative procurement of Products and Services.
2. That the procurement of Products and Services subject to this Agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules and regulations that govern each party’s procurement practices.
3. That the cooperative use of solicitations obtained by a party to this Agreement shall be in accordance with the terms and conditions of the solicitation, except as modification of those terms and conditions is otherwise allowed or required by applicable law.
4. That the Lead Public Agencies will make available, upon reasonable request and subject to convenience, information which may assist in improving the effectiveness, efficiency and economy of Participating Public Agencies’ procurement of Products and Services.
5. That the Participating Public Agency will make timely payments to the Contract Supplier for Products and Services received in accordance with the terms and conditions of the procurement. Payment, inspections and acceptance of Products and Services ordered by the Participating Public Agency shall be the exclusive obligation of such Participating Public Section 8
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Agency. Disputes between the Participating Public Agency and Contract Supplier are to be resolved in accord with the law and venue rules of the State of purchase.
6. The Participating Public Agency shall not use this Agreement as a method for obtaining additional concessions or reduced prices for similar products or services.
7. The Participating Public Agency is solely responsible for ordering, accepting, and paying and any other action, inaction or decision regarding the Products and Services obtained under this Agreement. A Lead Public Agency shall not be liable in any manner for any action or inaction or decisions taken by a Participating Public Agency. The Participating Public Agency shall, to the extent permitted by applicable law, hold the Lead Public Agency harmless from any liability that may arise from action or inaction of the Participating Public Agency.
8. The exercise of any rights or remedies by the Participating Public Agency shall be the exclusive obligation of such Participating Public Agency.
9. This Agreement shall remain in effect until termination by a party giving thirty (30) days prior written notice to U.S. Communities at 2999 Oak Road, Suite 710, Walnut Creek, CA 94597.
10. This Agreement shall become effective after execution of the Lead Public Agency Certificate or Participating Public Agency registration, as applicable.
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STATE NOTICE ADDENDUM
Pursuant to certain state notice provisions the following public agencies and political subdivisions of the referenced public agencies are eligible to access the contract award made pursuant to this solicitation. Public agencies and political subdivisions are hereby given notice of the foregoing request for proposal for purposes of complying with the procedural requirements of said statutes:
Nationwide:
http://www.usa.gov/Agencies/Local_Government/Cities.shtml
All 50 states in the United States of America:
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Agency Name State
Malama Honua Public Charter School HI
ST JOHN THE BAPTIST HI
Waimanalo Elementary and
Intermediate School HI
Kailua High School HI
PACIFIC BUDDHIST ACADEMY HI
HAWAII TECHNOLOGY ACADEMY HI
CONGREGATION OF CHRISTIAN
BROTHERS OF HAWAII, INC. HI
MARYKNOLL SCHOOL HI
ISLAND SCHOOL HI
STATE OF HAWAII, DEPT. OF
EDUCATION HI
KE KULA O S. M. KAMAKAU HI
KAMEHAMEHA SCHOOLS HI
HANAHAU`OLI SCHOOL HI
KIHEI CHARTER SCHOOL HI
EMMANUAL LUTHERAN SCHOOL HI
KONA PACIFIC PUBLIC CHARTER
SCHOOL HI
School Lunch Program HI
Ewa Makai Middle School HI
Variety School of Hawaii HI
Our Savior Lutheran School HI
Maui Police Department HI
BOARD OF WATER SUPPLY HI
MAUI COUNTY COUNCIL HI
Section 8
U.S. Communities Additional Provisions
Kauai County Council HI
Honolulu Fire Department HI
COUNTY OF MAUI HI
DEPARTMENT OF EDUCATION HI
Lanai Community Health Center HI
Maui High Band Booster Club HI
Big Brothers Big Sisters HI
Tri-Isle Resource Conservation and
Development District HI
Manoa Heritage Center HI
Olanur HI
Kumulani Chapel HI
Chamber of Commerce Hawaii HI
Naalehu Assembly of God HI
outrigger canoe club HI
One Kalakaua HI
Native Hawaiian Hospitality
Association HI
Islands Hospice Inc HI
St. Theresa School HI
Hawaii Peace and Justice HI
Kauai Youth Basketball Association HI
NA HALE O MAUI HI
LEEWARD HABITAT FOR HUMANITY HI
WAIANAE COMMUNITY OUTREACH HI
NA LEI ALOHA FOUNDATION HI
HAWAII FAMILY LAW CLINIC DBA ALA
KUOLA HI
BUILDING INDUSTRY ASSOCIATION OF
HAWAII HI
UNIVERSITY OF HAWAII FEDERAL
CREDIT UNION HI
LANAKILA REHABILITATION CENTER
INC. HI
POLYNESIAN CULTURAL CENTER HI
CTR FOR CULTURAL AND TECH
INTERCHNG BETW EAST AND WEST HI
BISHOP MUSEUM HI
ALOCHOLIC REHABILITATION SVS OF HI
INC DBA HINA MAUKA HI
ASSOSIATION OF OWNERS OF KUKUI
PLAZA HI
MAUI ECONOMIC DEVELOPMENT
BOARD HI
NETWORK ENTERPRISES, INC. HI
HONOLULU HABITAT FOR HUMANITY HI
ALOHACARE HI
ORI ANUENUE HALE, INC. HI
IUPAT, DISTRICT COUNCIL 50 HI
GOODWILL INDUSTRIES OF HAWAII,
INC. HI
HAROLD K.L. CASTLE FOUNDATION HI
MAUI ECONOMIC OPPORTUNITY, INC. HI
EAH, INC. HI
PARTNERS IN DEVELOPMENT
FOUNDATION HI
HABITAT FOR HUMANITY MAUI HI
W. M. KECK OBSERVATORY HI
HAWAII EMPLOYERS COUNCIL HI
HAWAII STATE FCU HI
MAUI COUNTY FCU HI
PUNAHOU SCHOOL HI
YMCA OF HONOLULU HI
EASTER SEALS HAWAII HI
AMERICAN LUNG ASSOCIATION HI
Pohaha I Ka Lani HI
Hawaii Area Committee HI
Tri-Isle RC&D HI
Lanai Federal Credit Union HI
Hawaii Bicycling League HI
Aloha United Way HI
Kipuka o Ke Ola HI
READ TO ME INTERNATIONAL
FOUNDATION HI
MAUI FAMILY YMCA HI
WAILUKU FEDERAL CREDIT UNION HI
ST. THERESA CHURCH HI
HALE MAHAOLU HI
West Maui Community Federal Credit
Union HI
Hawaii Island Humane Society HI
Western Pacific Fisheries Council HI
Kama'aina Care Inc HI
International Archaeological Research
Institute, Inc. HI
Section 8
U.S. Communities Additional Provisions
Community Empowerment Resources HI
Tutu and Me Traveling Preschool HI
First United Methodist Church HI
United Chinese Society HI
Haggai Institue HI
St. Francis Healthcare System HI
AOAO Royal Capitol Plaza HI
Kumpang Lanai HI
Child and Family Service HI
MARINE SURF WAIKIKI, INC. HI
Hawaii Health Connector HI
Hawaii Carpenters Market Recovery
Program Fund HI
Maui Aids Foundation Inc HI
Pukalani Baptist Church HI
Puu Heleakala Community Association HI
Saint Louis School HI
Kailua Racquet Club, Ltd. HI
Homewise Inc. HI
Hawaii Baptist Academy HI
Kroc Center Hawaii HI
Kupu HI
University of the Nations HI
ARGOSY UNIVERSITY HI
HAWAII PACIFIC UNIVERSITY HI
UNIVERSITY OF HAWAII AT MANOA HI
RESEARCH CORPORATION OF THE
UNIVERSITY OF HAWAII HI
BRIGHAM YOUNG UNIVERSITY -
HAWAII HI
Kauai Community College HI
University Clinical Research and
Association HI
Hawaii Medical College HI
CHAMINADE UNIVERSITY OF
HONOLULU HI
ROMAN CATHOLIC CHURCH IN THE
STATE OF HAWAII HI
Hawaii Information Consortium HI
Leeward Community Church HI
E Malama In Keiki O Lanai HI
Keawala'i Congregational Church HI
Lanai Community Hospital HI
Angels at Play Preschool &
Kindergarten HI
Queen Emma Gardens AOAO HI
FAMILY SUPPORT SERVICES OF WEST
HAWAII HI
Tetrahedron Sourcing HI
Honolulu Community College HI
COLLEGE OF THE MARSHALL ISLANDS HI
DOT Airports Division Hilo
International Airport HI
Judiciary - State of Hawaii HI
ADMIN. SERVICES OFFICE HI
SOH- JUDICIARY CONTRACTS AND
PURCH HI
STATE DEPARTMENT OF DEFENSE HI
HAWAII CHILD SUPPORT
ENFORCEMENT AGENCY HI
HAWAII HEALTH SYSTEMS
CORPORATION HI
HAWAII AGRICULTURE RESEARCH
CENTER HI
STATE OF HAWAII HI
Third Judicial Circuit - State of Hawaii HI
State of Hawaii Department of
Transportation HI
Office of the Governor HI
State of Hawaii-Department of Health-
Disability & Communication Access HI
State of Hawaii Department of Human
Services HI
CITY AND COUNTY OF HONOLULU HI
Lanai Youth Center HI
Silver Dolphin Bistro HI
Commander, Navy Region Hawaii HI
US Navy HI
Defense Information System Agency HI
84th Engineer Battalion HI
Department of Veterans Affairs HI
Third Judicial Circuit - State of Hawaii HI
State of Hawaii Department of
Transportation HI
Office of the Governor HI
Section 8
U.S. Communities Additional Provisions
State of Hawaii-Department of Health-
Disability & Communication Access HI
State of Hawaii Department of Human
Services HI
CITY AND COUNTY OF HONOLULU HI
Lanai Youth Center HI
Silver Dolphin Bistro HI
Commander, Navy Region Hawaii HI
US Navy HI
Defense Information System Agency HI
84th Engineer Battalion HI
Department of Veterans Affairs HI
Hawaii County HI
Honolulu County HI
Kauai County HI
Maui County HI
Kalawao County HI
Aiea HI
Anahola HI
Barbers Point N A S HI
Camp H M Smith HI
Captain Cook HI
Eleele HI
Ewa Beach HI
Fort Shafter HI
Haiku HI
Hakalau HI
Haleiwa HI
Hana HI
Hanalei HI
Hanamaulu HI
Hanapepe HI
Hauula HI
Hawaii National Park HI
Hawaiian Ocean View HI
Hawi HI
Hickam AFB HI
Hilo HI
Holualoa HI
Honaunau HI
Honokaa HI
Honolulu HI
Honomu HI
Hoolehua HI
Kaaawa HI
Kahuku HI
Kahului HI
Kailua HI
Kailua Kona HI
Kalaheo HI
Kalaupapa HI
Kamuela HI
Kaneohe HI
Kapaa HI
Kapaau HI
Kapolei HI
Kaumakani HI
Kaunakakai HI
Kawela Bay HI
Keaau HI
Kealakekua HI
Kealia HI
Keauhou HI
Kekaha HI
Kihei HI
Kilauea HI
Koloa HI
Kualapuu HI
Kula HI
Kunia HI
Kurtistown HI
Lahaina HI
Laie HI
Lanai City HI
Laupahoehoe HI
Lawai HI
Lihue HI
M C B H Kaneohe Bay HI
Makawao HI
Makaweli HI
Maunaloa HI
Mililani HI
Mountain View HI
Naalehu HI
Ninole HI
Ocean View HI
Section 8
U.S. Communities Additional Provisions
Ookala HI
Paauhau HI
Paauilo HI
Pahala HI
Pahoa HI
Paia HI
Papaaloa HI
Papaikou HI
Pearl City HI
Pearl Harbor HI
Pepeekeo HI
Princeville HI
Pukalani HI
Puunene HI
Schofield Barracks HI
Tripler Army Medical Center HI
Volvano HI
Wahiawa HI
Waialua HI
Waianae HI
Waikoloa HI
Wailuku HI
Waimanalo HI
Waimea HI
Waipahu HI
Wake Island HI
Wheeler Army Airfield HI
Brigham Young University - Hawaii HI
Chaminade University of Honolulu HI
Hawaii Business College HI
Hawaii Pacific University HI
Hawaii Technology Institute HI
Heald College - Honolulu HI
Remington College - Honolulu Campus HI
University of Phoenix - Hawaii Campus HI
Hawaii Community College HI
Honolulu Community College HI
Kapiolani Community College HI
Kauai Community College HI
Leeward Community College HI
Maui Community College HI
University of Hawaii at Hilo HI
University of Hawaii at Manoa HI
Windward Community College HI
Canby School District No 86 OR
Central School District 13J (Polk
County, Oregon) OR
Milton-Freewater Unified School
District No 7 OR
Scappoose Adventist School OR
COLUMBIA CHRISTIAN SCHOOL OR
Ontario School District 8C OR
Trillium Charter School OR
Echo School District OR
Warrenton Hammond School OR
Phoenix-Talent Schools OR
Immanuel Lutheran School OR
The Emerson School OR
Columbia Academy OR
VALLEY CATHOLIC SCHL OR
CROOK COUNTY SCHOOL DISTRICT OR
CORBETT SCHL DIST #39 OR
Trinity Lutheran Church and School OR
Bethel School District #52 OR
OREGON CITY PUBLIC SCHL OR
Ppmc Education Committee OR
Stayton Christian School OR
South Columbia Family School OR
Sunrise Preschool OR
St. Therese Parish/School OR
PINE-EAGLE SCHOOL DISTRICT 061 OR
Portland YouthBuilders OR
Wallowa County ESD OR
Fern Ridge School District 28J OR
Knova Learning OR
Jackson County School District No. 5 OR
New Horizon Christian School OR
MOLALLA RIVER ACADEMY OR
HIGH DESERT EDUCATION SERVICE
DISTRICT OR
St. Luke Catholic School OR
SOUTHWEST CHARTER SCHOOL OR
WHITEAKER MONTESSORI SCHOOL OR
CASCADES ACADEMY OF CENTRAL
OREGON OR
NEAH-KAH-NIE DISTRICT NO.56 OR
Section 8
U.S. Communities Additional Provisions
INTER MOUNTAIN ESD OR
STANFIELD SCHOOL DISTRICT OR
LA GRANDE SCHOOL DISTRICT OR
CASCADE SCHOOL DISTRICT OR
DUFUR SCHOOL DISTRICT NO.29 OR
hillsboro school district OR
GASTON SCHOOL DISTRICT 511J OR
BEAVERTON SCHOOL DISTRICT OR
COUNTY OF YAMHILL SCHOOL
DISTRICT 29 OR
WILLAMINA SCHOOL DISTRICT OR
MCMINNVILLE SCHOOL DISTRICT
NO.40 OR
Sheridan School District 48J OR
THE CATLIN GABEL SCHOOL OR
NORTH WASCO CTY SCHOOL DISTRICT
21 - CHENOWITH OR
CENTRAL CATHOLIC HIGH SCHOOL OR
CANYONVILLE CHRISTIAN ACADEMY OR
OUR LADY OF THE LAKE SCHOOL OR
NYSSA SCHOOL DISTRICT NO. 26 OR
ARLINGTON SCHOOL DISTRICT NO. 3 OR
LIVINGSTONE ADVENTIST ACADEMY OR
Santiam Canyon SD 129J OR
WEST HILLS COMMUNITY CHURCH OR
BANKS SCHOOL DISTRICT OR
WILLAMETTE EDUCATION SERVICE
DISTRICT OR
BAKER COUNTY SCHOOL DIST. 16J -
MALHEUR ESD OR
HARNEY EDUCATION SERVICE DISTRICT OR
GREATER ALBANY PUBLIC SCHOOL
DISTRICT OR
LAKE OSWEGO SCHOOL DISTRICT 7J OR
SOUTHERN OREGON EDUCATION
SERVICE DISTRICT OR
SILVER FALLS SCHOOL DISTRICT OR
St Helens School District OR
DAYTON SCHOOL DISTRICT NO.8 OR
Amity School District 4-J OR
SCAPPOOSE SCHOOL DISTRICT 1J OR
REEDSPORT SCHOOL DISTRICT OR
FOREST GROVE SCHOOL DISTRICT OR
DAVID DOUGLAS SCHOOL DISTRICT OR
LOWELL SCHOOL DISTRICT NO.71 OR
TIGARD-TUALATIN SCHOOL DISTRICT OR
SHERWOOD SCHOOL DISTRICT 88J OR
RAINIER SCHOOL DISTRICT OR
NORTH CLACKAMAS SCHOOL DISTRICT OR
MONROE SCHOOL DISTRICT NO.1J OR
CHILDPEACE MONTESSORI OR
HEAD START OF LANE COUNTY OR
HARNEY COUNTY SCHOOL DIST. NO.3 OR
NESTUCCA VALLEY SCHOOL DISTRICT
NO.101 OR
ARCHBISHOP FRANCIS NORBERT
BLANCHET SCHOOL OR
LEBANON COMMUNITY SCHOOLS
NO.9 OR
MT.SCOTT LEARNING CENTERS OR
SEVEN PEAKS SCHOOL OR
DE LA SALLE N CATHOLIC HS OR
MULTISENSORY LEARNING ACADEMY OR
MITCH CHARTER SCHOOL OR
REALMS CHARTER SCHOOL OR
BAKER SCHOOL DISTRICT 5-J OR
PHILOMATH SCHOOL DISTRICT OR
CLACKAMAS EDUCATION SERVICE
DISTRICT OR
CANBY SCHOOL DISTRICT OR
OREGON TRAIL SCHOOL DISTRICT
NO.46 OR
WEST LINN WILSONVILLE SCHOOL
DISTRICT OR
MOLALLA RIVER SCHOOL DISTRICT
NO.35 OR
ESTACADA SCHOOL DISTRICT NO.108 OR
GLADSTONE SCHOOL DISTRICT OR
ASTORIA SCHOOL DISTRICT 1C OR
SEASIDE SCHOOL DISTRICT 10 OR
NORTHWEST REGIONAL EDUCATION
SERVICE DISTRICT OR
VERNONIA SCHOOL DISTRICT 47J OR
SOUTH COAST EDUCATION SERVICE
DISTRICT OR
COOS BAY SCHOOL DISTRICT NO.9 OR
Section 8
U.S. Communities Additional Provisions
COOS BAY SCHOOL DISTRICT OR
NORTH BEND SCHOOL DISTRICT 13 OR
COQUILLE SCHOOL DISTRICT 8 OR
MYRTLE POINT SCHOOL DISTRICT
NO.41 OR
BANDON SCHOOL DISTRICT OR
BROOKING HARBOR SCHOOL DISTRICT
NO.17-C OR
REDMOND SCHOOL DISTRICT OR
DESCHUTES COUNTY SD NO.6 -
SISTERS SD OR
DOUGLAS EDUCATION SERVICE
DISTRICT OR
ROSEBURG PUBLIC SCHOOLS OR
GLIDE SCHOOL DISTRICT NO.12 OR
SOUTH UMPQUA SCHOOL DISTRICT
#19 OR
YONCALLA SCHOOL DISTRICT NO.32 OR
ELKTON SCHOOL DISTRICT NO.34 OR
DOUGLAS COUNTY SCHOOL DISTRICT
116 OR
HOOD RIVER COUNTY SCHOOL
DISTRICT OR
PHOENIX-TALENT SCHOOL DISTRICT
NO.4 OR
CENTRAL POINT SCHOOL DISTRICT NO.
6 OR
JACKSON CO SCHOOL DIST NO.9 OR
ROGUE RIVER SCHOOL DISTRICT NO.35 OR
MEDFORD SCHOOL DISTRICT 549C OR
CULVER SCHOOL DISTRICT NO. OR
JEFFERSON COUNTY SCHOOL DISTRICT
509-J OR
GRANTS PASS SCHOOL DISTRICT 7 OR
LOST RIVER JR/SR HIGH SCHOOL OR
KLAMATH FALLS CITY SCHOOLS OR
LANE COUNTY SCHOOL DISTRICT 4J OR
SPRINGFIELD SCHOOL DISTRICT NO.19 OR
CRESWELL SCHOOL DISTRICT OR
SOUTH LANE SCHOOL DISTRICT 45J3 OR
LANE COUNTY SCHOOL DISTRICT 69 OR
SIUSLAW SCHOOL DISTRICT OR
SWEET HOME SCHOOL DISTRICT NO.55 OR
LINN CO. SCHOOL DIST. 95C - SCIO SD OR
ONTARIO MIDDLE SCHOOL OR
GERVAIS SCHOOL DIST. #1 OR
NORTH SANTIAM SCHOOL DISTRICT
29J OR
JEFFERSON SCHOOL DISTRICT OR
SALEM-KEIZER PUBLIC SCHOOLS OR
MT. ANGEL SCHOOL DISTRICT NO.91 OR
MARION COUNTY SCHOOL DISTRICT
103 - WASHINGTON ES OR
MORROW COUNTY SCHOOL DISTRICT OR
MULTNOMAH EDUCATION SERVICE
DISTRICT OR
GRESHAM-BARLOW SCHOOL DISTRICT OR
DALLAS SCHOOL DISTRICT NO. 2 OR
CENTRAL SCHOOL DISTRICT 13J OR
St. Mary Catholic School OR
CROSSROADS CHRISTIAN SCHOOL OR
ST. ANTHONY SCHOOL OR
Pedee School OR
HERITAGE CHRISTIAN SCHOOL OR
BEND-LA PINE SCHOOL DISTRICT OR
GLENDALE SCHOOL DISTRICT OR
LINCOLN COUNTY SCHOOL DISTRICT OR
PORTLAND PUBLIC SCHOOLS OR
REYNOLDS SCHOOL DISTRICT OR
CENTENNIAL SCHOOL DISTRICT OR
NOBEL LEARNING COMMUNITIES OR
St. Stephen's Academy OR
McMinnville Adventist Christian School OR
MARCOLA SCHL DIST OR
Salem-Keizer 24J OR
McKay High School OR
Pine Eagle Charter School OR
Bend-La Pine Schools OR
Waldo Middle School OR
OAKLAND SCHOOL DISTRICT 001 OR
hermiston school district OR
Clear Creek Middle School OR
Marist High School OR
Victory Academy OR
Vale School District No. 84 OR
St. Mary School OR
Section 8
U.S. Communities Additional Provisions
Junction City High School OR
Three Rivers School District OR
Fern Ridge School District OR
JESUIT HIGH SCHL EXEC OFC OR
LASALLE HIGH SCHOOL OR
Southwest Christian School OR
Willamette Christian School OR
Westside Christian High School OR
CS LEWIS ACADEMY OR
Portland America School OR
Forest Hills Lutheran School OR
Mosier Community School OR
Koreducators Lep High OR
Warrenton Hammond School District OR
Sutherlin School District OR
Malheur Elementary School District OR
Ontario School District OR
Parkrose School District 3 OR
Riverdale School District 51J OR
Tillamook School District OR
Madeleine School OR
Union School District OR
Helix School District OR
Riddle School District OR
Helix School Dist #1 R OR
Prospect School District OR
Ashbrook Independent School OR
Molalla River School District OR
Corvallis School District 509J OR
Falls City School District #57 OR
Portland Christian Schools OR
LUCKIAMUTE VALLEY CHARTER
SCHOOLS OR
Insight School of Oregon Painted Hills OR
Deer Creek Elementary School OR
Yamhill Carlton School District OR
COLTON SCHL DIST 53 OR
ASHLAND PUBLIC SCHLS OR
HARRISBURG SCHL DIST OR
CENTRAL CURRY SCHL DIST#1 OR
BNAI BRITH CAMP OR
OREGON FOOD BANK OR
HOSANNA CHRISTIAN SCHL OR
ABIQUA SCHL OR
Auxiliary services OR
Salem keizar school district OR
Scio High School OR
Athena Weston School District 29RJ OR
NW REGIONAL ESD-HILLSBORO OR
Butte Falls School District OR
Bend International School OR
Imbler School District #11 OR
monument school OR
PENDLETON SCHOOL DISTRICT #16R OR
Ohara Catholic School OR
MARCOLA SCHOOL DISTRICT 079J OR
LINN-BENTON-LINCOLN ESD OR
Reynolds High School OR
St. Paul School District OR
Sabin-Schellenberg Technical Center OR
St Paul Parish School OR
Joseph School District OR
EagleRidge High School OR
Grant Community School OR
Oak Hill School OR
Hope chinese charter OR
Northwest Academy OR
Sunny Wolf Charter School OR
MCKENZIE SCHOOL DISTRICT 068 OR
L'Etoiile French Immersion School OR
LA GRANDE SCHOOL DISTRICT 001 OR
FOSSIL SCHOOL DISTRICT 21J OR
Marist Catholic High School OR
Springfield Public Schools OR
Elgin school dist. OR
French American International School OR
PLEASANT HILL SCH DIST #1 OR
Ukiah School District 80R OR
Lake Oswego Montessori School OR
North Powder Charter School OR
Siletz Valley School OR
WINSTON-DILLARD SCHOOL DISTRICT
116 OR
ALLIANCE CHARTER ACADEMY OR
French American School OR
Mastery Learning Institute OR
Section 8
U.S. Communities Additional Provisions
North Lake School District 14 OR
Early College High School OR
Klamath County Fire District No. 1 OR
Washington County Consolidated
Communications Agency OR
GILLIAM COUNTY OREGON OR
UMATILLA COUNTY, OREGON OR
LANE ELECTRIC COOPERATIVE OR
DOUGLAS ELECTRIC COOPERATIVE,
INC. OR
MULTNOMAH LAW LIBRARY OR
clackamas county OR
CLATSOP COUNTY OR
COLUMBIA COUNTY, OREGON OR
coos county OR
CROOK COUNTY ROAD DEPARTMENT OR
CURRY COUNTY OREGON OR
DESCHUTES COUNTY OR
GILLIAM COUNTY OR
GRANT COUNTY, OREGON OR
HARNEY COUNTY SHERIFFS OFFICE OR
HOOD RIVER COUNTY OR
jackson county OR
josephine county OR
klamath county OR
LANE COUNTY OR
LINN COUNTY OR
MARION COUNTY , SALEM, OREGON OR
MULTNOMAH COUNTY OR
SHERMAN COUNTY OR
WASCO COUNTY OR
YAMHILL COUNTY OR
WALLOWA COUNTY OR
ASSOCIATION OF OREGON COUNTIES OR
NAMI LANE COUNTY OR
BENTON COUNTY OR
DOUGLAS COUNTY OR
JEFFERSON COUNTY OR
LAKE COUNTY OR
LINCOLN COUNTY OR
POLK COUNTY OR
UNION COUNTY OR
WASHINGTON COUNTY OR
MORROW COUNTY OR
Mckenzie Personnel Services OR
Washington County Facilities & Park
Services OR
Multnomah County Department of
Community Justice OR
NORCOR Juvenile Detention OR
Tillamook County Estuary OR
Job Council OR
BAKER CNTY GOVT OR
TILLAMOOK CNTY OR
CLACKAMS COUNTY COMMUNITY
CORRECTIONS OR
Multnomah County Dept of County
Assets OR
Wheeler County OR
Clackamas County Service District #
1/Tri-City Service District OR
Resource Connections of Oregon OR
Lane County Sheriff's Office OR
Clatsop County Sheriff's Office OR
Harney County Community Corrections OR
Grant County Economic Developement OR
Baker County OR
Josephine County Public Works OR
Clackamas County Juvenile Dept OR
Columbia Basin Care Facility OR
Clackamas County Disaster
Management OR
City of Seaside Police Department OR
Best Care Treatment Center OR
Boys & Girls Clubs of Emerald Valley OR
MSB OR
Church of Christ OR
GWPMS OR
Operation Christmas OR
Dove Medical OR
Literary Expectations dba Moore
Academy OR
Love Thy Neighbor services OR
Tamarack Aquatic Center OR
Seven Feathers Casino OR
Direction Service, Inc. OR
Section 8
U.S. Communities Additional Provisions
Oliver P Lent PTA OR
Kairos OR
Willamette Valley Rehab Center OR
St Paul Baptist Church OR
Long Tom Watershed Council OR
San Martin Deporres Catholic Church OR
Portland Parks Foundation OR
Sweet Home United Methodist Church OR
Math Learning Center, The OR
Maranatha Church OR
Cedar Hills Baptist Church OR
Good Samaritan Ministries OR
New Hope Christain College OR
Unitarian Universalist Church in
Eugene OR
Emmanuel Bible Church OR
Portland Community Media OR
La Pine Chamber of Commerce OR
Stone Creek Christian Church OR
Rogue Valley Youth Football OR
Bend Elks Lodge 1371 OR
Friendly House, Inc. OR
Klamath Siskiyou Wildlands Center OR
Grace Christian Fellowship OR
Reliance eHealth Collaborative OR
Wild Rogue Youth Foundation, Inc. OR
Grants Pass Seventh-day Adventist
Church OR
Corvallis Waldorf School OR
Farmworkers Housing Development
Corporation OR
World Forestry Center OR
Adapt OR
Kid Time OR
Oregon Farm Bureau OR
Mt Emily Safe Center OR
Salem First Presbyterian Church OR
Rolling Hills Baptist Church OR
Baker Elks OR
Gates Community Church of Christ OR
PIP Corps LLC OR
Turtle Ridge Wildlife Center OR
Grande Ronde Model Watershed
Foundation OR
Western Environmental Law Center OR
Oregon District 7 Little League OR
Mercy Flights, Inc. OR
Metropolitan Contractor Improvement
Partnership OR
The Christian Church of Hillsboro
Oregonb OR
Congregation Neveh Shalom OR
My Fathers House OR
Step Forward Activities Inc OR
HHoly Trinity Greek Orthodox
Cathedral OR
MECOP Inc. OR
Workforce Northwest Inc OR
Lane Arts Council OR
Building Healthy Family OR
Intergral Youth Services OR
Children Center At Trinity OR
OUR SAVIOR'S LUTHERAN CHURCH OR
Beaverton Christians Church OR
Oregon Humanities OR
St. Pius X School OR
Community Connection of Northeast
Oregon, Inc. OR
St Mark Presbyterian Church OR
Living Opportunities, Inc. OR
Coos Art Museum OR
OETC OR
Blanchet House of Hospitality OR
Garten Services Inc OR
Incite Incorporated OR
Merchants Exchange of Portland,
Oregon OR
Coalition for a Livable Future OR
West Salem United Methodist OR
Rogue River Watershed Council OR
Central Oregon Visitors Association OR
Soroptimist International of Gold
Beach, OR OR
Real Life Christian Church OR
Section 8
U.S. Communities Additional Provisions
Milwaukie-Portland Lodge No.142
Benevolent and Protective Order of Elk OR
Mainstage Theatre Company OR
Dayton Christian Church OR
Delphian School OR
AVON OR
EPUD-Emerald People's Utility District OR
Human Solutions, Inc. OR
The Wallace Medical Concern OR
Boys & Girls Club of Salem, Marion &
Polk Counties OR
The Ross Ragland Theater and Cultural
Center OR
Girl Scouts of Oregon and SW
Washington, Inc. OR
Cedar Sinai Park-Robison Jewish
Healthcare OR
Cascade Health Solutions OR
Umpqua Community Health Center OR
ALZHEIMERS NETWORK OF OREGON OR
NATIONAL WILD TURKEY FEDERATION OR
TILLAMOOK ESTUARIES PARTNERSHIP OR
LIFEWORKS NW OR
Independent Development Enterprise
Alliance OR
MID-WILLAMETTE VALLEY
COMMUNITY ACTION AGENCY, INC OR
HALFWAY HOUSE SERVICES, INC. OR
REDMOND PROFICIENCY ACADEMY OR
OHSU FOUNDATION OR
SHELTERCARE OR
PRINGLE CREEK SUSTAINABLE LIVING
CENTER OR
PACIFIC INSTITUTES FOR RESEARCH OR
Mental Health for Children, Inc. OR
The Dreaming Zebra Foundation OR
LAUREL HILL CENTER OR
THE OREGON COMMUNITY
FOUNDATION OR
OCHIN OR
WE CARE OREGON OR
SE WORKS OR
ENTERPRISE FOR EMPLOYMENT AND
EDUCATION OR
OMNIMEDIX INSTITUTE OR
PORTLAND BUSINESS ALLIANCE OR
GATEWAY TO COLLEGE NATIONAL
NETWORK OR
FOUNDATIONS FOR A BETTER OREGON OR
GOAL ONE COALITION OR
ATHENA LIBRARY FRIENDS
ASSOCIATION OR
Coastal Family Health Center OR
CENTER FOR COMMUNITY CHANGE OR
STAND FOR CHILDREN OR
ST. VINCENT DEPAUL OF LANE COUNTY OR
EAST SIDE FOURSQUARE CHURCH OR
CORVALLIS MOUNTAIN RESCUE UNIT OR
InventSuccess OR
SHERIDAN JAPANESE SCHOOL
FOUNDATION OR
The Blosser Center for Dyslexia
Resources OR
MOSAIC CHURCH OR
HOUSING AUTHORITY OF LINCOLN
COUNTY OR
RENEWABLE NORTHWEST PROJECT OR
INTERNATIONAL SUSTAINABLE
DEVELOPMENT FOUNDATION OR
CONSERVATION BIOLOGY INSTITUTE OR
THE NATIONAL ASSOCIATION OF
CREDIT MANAGEMENT-OREGON, INC. OR
BLACHLY LANE ELECTRIC COOPERATIVE OR
MORNING STAR MISSIONARY BAPTIST
CHURCH OR
NORTHWEST FOOD PROCESSORS
ASSOCIATION OR
INDEPENDENT INSURANCE AGENTS
AND BROKERS OF OREGON OR
OREGON EDUCATION ASSOCIATION OR
HEARING AND SPEECH INSTITUTE INC OR
SALEM ELECTRIC OR
MORRISON CHILD AND FAMILY
SERVICES OR
JUNIOR ACHIEVEMENT OR
Section 8
U.S. Communities Additional Provisions
CENTRAL BIBLE CHURCH OR
MID COLUMBIA MEDICAL CENTER-
GREAT 'N SMALL OR
TRILLIUM FAMILY SERVICES, INC. OR
YWCA SALEM OR
PORTLAND ART MUSEUM OR
SAINT JAMES CATHOLIC CHURCH OR
SOUTHERN OREGON HUMANE
SOCIETY OR
VOLUNTEERS OF AMERICA OREGON OR
CENTRAL DOUGLAS COUNTY FAMILY
YMCA OR
METROPOLITAN FAMILY SERVICE OR
OREGON MUSUEM OF SCIENCE AND
INDUSTRY OR
FIRST UNITARIAN CHURCH OR
ST. ANTHONY CHURCH OR
Good Shepherd Medical Center OR
Salem Academy OR
GEN CONF OF SDA CHURCH WESTERN
OR OR
PORTLAND ADVENTIST ACADEMY OR
ST VINCENT DE PAUL OR
OUTSIDE IN OR
UNITED CEREBRAL PALSY OF OR AND
SW WA OR
WILLAMETTE VIEW INC. OR
PORTLAND HABILITATION CENTER,
INC. OR
OREGON STATE UNIVERSITY ALUMNI
ASSOCIATION OR
ROSE VILLA, INC. OR
NORTHWEST LINE JOINT
APPRENTICESHIP & TRAINING
COMMITTEE OR
BOYS AND GIRLS CLUBS OF PORTLAND
METROPOLITAN AREA OR
ROGUE FEDERAL CREDIT UNION OR
Oregon Research Institute OR
WILLAMETTE LUTHERAN HOMES, INC OR
LANE MEMORIAL BLOOD BANK OR
PORTLAND JEWISH ACADEMY OR
LANECO FEDERAL CREDIT UNION OR
GRANT PARK CHURCH OR
ST. MARYS OF MEDFORD, INC. OR
US CONFERENCE OF MENONNITE
BRETHREN CHURCHES OR
FAITHFUL SAVIOR MINISTRIES OR
OREGON CITY CHURCH OF THE
NAZARENE OR
OREGON COAST COMMUNITY ACTION OR
EDUCATION NORTHWEST OR
COMMUNITY ACTION TEAM, INC. OR
EUGENE SYMPHONY ASSOCIATION,
INC. OR
STAR OF HOPE ACTIVITY CENTER INC. OR
SPARC ENTERPRISES OR
SOUTHERN OREGON CHILD AND
FAMILY COUNCIL, INC. OR
SALEM ALLIANCE CHURCH OR
Lane Council of Governments OR
FORD FAMILY FOUNDATION OR
TRAILS CLUB OR
NEWBERG FRIENDS CHURCH OR
WOODBURN AREA CHAMBER OF
COMMERCE OR
CONTEMPORARY CRAFTS MUSEUM
AND GALLERY OR
CITY BIBLE CHURCH OR
OREGON LIONS SIGHT & HEARING
FOUNDATION OR
PORTLAND WOMENS CRISIS LINE OR
THE SALVATION ARMY - CASCADE
DIVISION OR
WILLAMETTE FAMILY OR
WHITE BIRD CLINIC OR
GOODWILL INDUSTRIES OF LANE AND
SOUTH COAST COUNTIES OR
PLANNED PARENTHOOD OF
SOUTHWESTERN OREGON OR
HOUSING NORTHWEST OR
OREGON ENVIRONMENTAL COUNCIL OR
MEALS ON WHEELS PEOPLE, INC. OR
FAITH CENTER OR
OREGON CHILD DEVELOPMENT
COALITION OR
Section 8
U.S. Communities Additional Provisions
Bob Belloni Ranch, Inc. OR
GOOD SHEPHERD COMMUNITIES OR
SACRED HEART CATHOLIC DAUGHTERS OR
HELP NOW! ADVOCACY CENTER OR
TENAS ILLAHEE CHILDCARE CENTER OR
SUNRISE ENTERPRISES OR
LOOKING GLASS YOUTH AND FAMILY
SERVICES OR
SERENITY LANE OR
EAST HILL CHURCH OR
LA GRANDE UNITED METHODIST
CHURCH OR
COAST REHABILITATION SERVICES OR
Edwards Center Inc OR
ALVORD-TAYLOR INDEPENDENT
LIVING SERVICES OR
NEW HOPE COMMUNITY CHURCH OR
KLAMATH HOUSING AUTHORITY OR
QUADRIPLEGICS UNITED AGAINST
DEPENDENCY, INC. OR
SPONSORS, INC. OR
COLUMBIA COMMUNITY MENTAL
HEALTH OR
ADDICTIONS RECOVERY CENTER, INC OR
METRO HOME SAFETY REPAIR
PROGRAM OR
OREGON SUPPORTED LIVING
PROGRAM OR
SOUTH COAST HOSPICE, INC. OR
ALLFOURONE/CRESTVIEW
CONFERENCE CTR. OR
The International School OR
REBUILDING TOGETHER - PORTLAND
INC. OR
PENDLETON ACADEMIES OR
PACIFIC FISHERY MANAGEMENT
COUNCIL OR
DOGS FOR THE DEAF, INC. OR
PUBLIC DEFENDER SERVICES OF LANE
COUNTY, INC. OR
EMMAUS CHRISTIAN SCHOOL OR
DELIGHT VALLEY CHURCH OF CHRIST OR
SAINT CATHERINE OF SIENA CHURCH OR
PORT CITY DEVELOPMENT CENTER OR
VIRGINIA GARCIA MEMORIAL HEALTH
CENTER OR
CENTRAL CITY CONCERN OR
CANBY FOURSQUARE CHURCH OR
EMERALD PUD OR
VERMONT HILLS FAMILY LIFE CENTER OR
BENTON HOSPICE SERVICE OR
INTERNATIONAL SOCIETY FOR
TECHNOLOGY IN EDUCATION OR
COMMUNITY CANCER CENTER OR
OPEN MEADOW ALTERNATIVE
SCHOOLS, INC. OR
CASCADIA BEHAVIORAL HEALTHCARE OR
WILD SALMON CENTER OR
BROAD BASE PROGRAMS INC. OR
SUNNYSIDE FOURSQUARE CHURCH OR
TRAINING EMPLOYMENT
CONSORTIUM OR
RELEVANT LIFE CHURCH OR
211INFO OR
SONRISE CHURCH OR
LIVING WAY FELLOWSHIP OR
Women's Safety & Resource Center OR
SEXUAL ASSAULT RESOURCE CENTER OR
IRCO OR
NORTHWEST YOUTH CORPS OR
TILLAMOOK CNTY WOMENS CRISIS
CENTER OR
SECURITY FIRST CHILD DEVELOPMENT
CENTER OR
CLASSROOM LAW PROJECT OR
YOUTH GUIDANCE ASSOC. OR
PREGNANCY RESOUCE CENTERS OF
GRETER PORTLAND OR
ELMIRA CHURCH OF CHRIST OR
JASPER MOUNTAIN OR
ACUMENTRA HEALTH OR
WORKSYSTEMS INC OR
COVENANT CHRISTIAN HOOD RIVER OR
OREGON DONOR PROGRAM OR
NAMI OREGON OR
OLIVET BAPTIST CHURCH OR
Section 8
U.S. Communities Additional Provisions
SILVERTON AREA COMMUNITY AID OR
CONFEDERATED TRIBES OF GRAND
RONDE OR
NEIGHBORIMPACT OR
CATHOLIC COMMUNITY SERVICES OR
NEW AVENUES FOR YOUTH INC OR
LA CLINICA DEL CARINO FAMILY
HEALTH CARE CENTER OR
DECISION SCIENCE RESEARCH
INSTITUTE, INC. OR
WESTERN STATES CENTER OR
HIV ALLIANCE, INC OR
PARTNERSHIPS IN COMMUNITY
LIVING, INC. OR
FANCONI ANEMIA RESEARCH FUND
INC. OR
BLIND ENTERPRISES OF OREGON OR
OREGON BALLET THEATRE OR
SMART OR
All God's Children International OR
FARMWORKER HOUISNG DEV CORP OR
UMPQUA COMMUNITY
DEVELOPMENT CORPORATION OR
REGIONAL ARTS AND CULTURE
COUNCIL OR
THE EARLY EDUCATION PROGRAM,
INC. OR
MACDONALD CENTER OR
EVERGREEN AVIATION MUSEUM AND
CAP. MICHAEL KING. OR
SELF ENHANCEMENT INC. OR
FRIENDS OF THE CHILDREN OR
SOUTH LANE FAMILY NURSERY DBA
FAMILY RELIEF NURSE OR
COMMUNITY VETERINARY CENTER OR
PORTLAND SCHOOLS FOUNDATION OR
SUSTAINABLE NORTHWEST OR
OREGON DEATH WITH DIGNITY OR
BIRCH COMMUNITY SERVICES, INC. OR
BAY AREA FIRST STEP, INC. OR
OSLC COMMUNITY PROGRAMS OR
EN AVANT, INC. OR
ASHLAND COMMUNITY HOSPITAL OR
NORTHWEST ENERGY EFFICIENCY
ALLIANCE OR
BONNEVILLE ENVIRONMENTAL
FOUNDATION OR
SUMMIT VIEW COVENANT CHURCH OR
SALMON-SAFE INC. OR
BETHEL CHURCH OF GOD OR
PROVIDENCE HOOD RIVER MEMORIAL
HOSPITAL OR
SAINT ANDREW NATIVITY SCHOOL OR
BARLOW YOUTH FOOTBALL OR
SPOTLIGHT THEATRE OF PLEASANT
HILL OR
FAMILIES FIRST OF GRANT COUNTY,
INC. OR
TOUCHSTONE PARENT ORGANIZATION OR
CANCER CARE RESOURCES OR
CASCADIA REGION GREEN BUILDING
COUNCIL OR
SHERMAN DEVELOPMENT LEAGUE,
INC. OR
SCIENCEWORKS OR
WORD OF LIFE COMMUNITY CHURCH OR
SOCIAL VENTURE PARTNERS
PORTLAND OR
OREGON PROGRESS FORUM OR
CENTER FOR RESEARCH TO PRACTICE OR
WESTERN RIVERS CONSERVANCY OR
UNITED WAY OF THE COLUMBIA
WILLAMETTE OR
EUGENE BALLET COMPANY OR
EAST WEST MINISTRIES
INTERNATIONAL OR
SISKIYOU INITIATIVE OR
EDUCATIONAL POLICY IMPROVEMENT
CENTER OR
North Pacific District of Foursquare
Churches OR
CATHOLIC CHARITIES OR
FIRST CHURCH OF THE NAZARENE OR
WESTSIDE BAPTIST CHURCH OR
Housing Development Center OR
Hoodview Christian Church OR
Section 8
U.S. Communities Additional Provisions
Child Evangelism Fellowship OR
Little Promises Chlildren's Program OR
UNION GOSPEL MISSION OR
GRACE BAPTIST CHURCH OR
COMMUNITY ACTION ORGANIZATION OR
OUTSIDE IN OR
MAKING MEMORIES BREAST CANCER
FOUNDATION, INC. OR
ELAW OR
COMMUNITY HEALTH CENTER, INC OR
Greater Portland INC OR
Eugene Builders Exchange OR
Boys & Girls Club of Corvallis OR
Southeast Uplift Neighborhood
Coalition OR
First United Presbyterian Church OR
PDX Wildlife OR
Friends of the Opera House OR
Jackson-Josephine 4-C Council OR
North Coast Family Fellowship OR
P E C I OR
Childswork Learning Center OR
Portland Schools Alliance OR
New Artists Performing Arts
Productions, Inc. OR
Relief Nursery OR
St. Mary's Episcopal Church OR
Viking Sal Senior Center OR
Boys and Girls Club of the rogue valley OR
Lincoln City Chamber of Commerce OR
DrupalCon Inc., DBA Drupal
Association OR
Albany Partnership for Housing and
Community Development OR
SEED OF FAITH MINISTRIES OR
Hermiston Christian Center & School OR
SALEM FREE CLINICS OR
Dress for Success Oregon OR
Beaverton Rock Creek Foursquare
Church OR
St Paul Catholic Church OR
St Mary's Catholic School and Parish OR
Polk Soil and Water Conservation
District OR
Street Ministry OR
La Grande Church of the Nazarene OR
Spruce Villa, Inc. OR
OREGON SCHOOL BOARDS
ASSOCIATION OR
House of Prayer for All Nations OR
Sacred Heart Catholic Church OR
African American Health Coaliton, Inc. OR
Happy Canyon Company OR
Village Home Education Resource
Center OR
Monet's Children's Circle OR
Cascade Housing Association OR
Dayspring Fellowship OR
Northwest Habitat Institute OR
Winding Waters Medical Clinic OR
Sacred Heart-St Louis Parish OR
First Baptist Church OR
The Nature Conservancy, Willamette
Valley Field Office OR
Serenity Lane Health Services OR
Portland Community Reinvestment
Initiatives, Inc. OR
Christians As Family Adovates OR
GeerCrest Farm & Historical Society OR
College United Methodist Church OR
The Collins Foundation OR
Prince of Peace Lutheran Church &
School OR
NEDCO OR
Salem Evangelical Church OR
Wild Lilac Child Development
Community OR
Daystar Education, Inc. OR
Oregon Social Learning Center OR
Pain Society of Oregon OR
environmental law alliance worldwide OR
Eugene Country Club OR
Community in Action OR
Willamette Valley Baptist Church OR
Curry County Habitat for Humanity OR
Section 8
U.S. Communities Additional Provisions
Northwood Christian Church OR
Tuality Healthcare OR
Safe Harbors OR
FIRST CHRISTIAN CHURCH OR
Pacific Classical Ballet OR
Depaul Industries OR
African American Health Coalition OR
Jesus Prayer Book OR
Coalition Of Community Health OR
River Network OR
CCI Enterprises Inc OR
Oregon Nurses Association OR
GOODWILL INDUSTRIES OF THE
COLUMBIA WILLAMETTE OR
Mount Angel Abbey OR
YMCA OF ASHLAND OR
YMCA OF COLUMBIA-WILLAMETTE
ASSOCIATION SERVICES OR
Multnomah Law Library OR
Friends Of Tryon Creek State P OR
Ontrack Inc. OR
Calvin Presbyterian Church OR
HOLT INTL CHILD OR
St John The Baptist Catholic OR
Portland Foursquare Church OR
Portland Christian Center OR
Church Extension Plan OR
Occu Afghanistan Relief Effort OR
EUGENE FAMILY YMCA OR
Christ The King Parish and School OR
Newberg Christian Church OR
First United Methodist Church OR
Zion Lutheran Church OR
Southwest Bible Church OR
Community Works Inc OR
Masonic Lodge Pearl 66 OR
Molalla Nazarene Church OR
Transition Projects, Inc OR
St Michaels Episcopal Church OR
Saint Johns Catholich Church OR
Community Learning Center OR
Old Mill Center for Children and
Families OR
Sunny Oaks Inc OR
Hospice Center Bend La Pine OR
Westside Foursquare Church OR
Relief Nursery Inc OR
Morning Star Community Church OR
MULTNOMAH DEFENDERS INC OR
Providence Health System OR
Holy Trinity Catholic Church OR
Holy Redeemer Catholic Church OR
Alliance Bible Church OR
CARE OREGON OR
Mid Columbia Childrens Council OR
HUMANE SOCIETY OF REDMOND OR
Our Redeemer Lutheran Church OR
Kbps Public Radio OR
Skyball Salem Keizer Youth Bas OR
Open Technology Center OR
Grace Chapel OR
CHILDREN'S MUSEUM 2ND OR
Solid Rock OR
West Chehalem Friends Church OR
Guide Dogs For The Blind OR
Aldersgate Camps and Retreats OR
St. Katherine's Catholic Church OR
The Alliance NW of the Christian &
Missionary Alliance OR
Bags of Love OR
Grand View Baptist Church OR
Green Electronics Council OR
Scottish Rite OR
Western Wood Products Association OR
Grace Baptist Church of St. Helens, Lil
Learners Preschool OR
THE NEXT DOOR OR
NATIONAL PSORIASIS FOUNDATION OR
NEW BEGINNINGS CHRISTIAN CENTER OR
HIGHLAND UNITED CHURCH OF CHRIST OR
OREGON REPERTORY SINGERS OR
HIGHLAND HAVEN OR
FAIR SHARE RESEARCH AND
EDUCATION FUND OR
Oregon Satsang Society, Inc., A
chartered Affiliate of ECKANKAR , ECKA OR
Section 8
U.S. Communities Additional Provisions
First Baptist Church of Enterprise OR
The Canby Center OR
REDMOND FIRE & RESCUE OR
Instituto de Cultura y Arte In Xochitl In
Cuicatl OR
McKenzie Personnel Systems OR
OSLC COMMUNITY PROGRAMS OCP OR
Oregon Nikkei Endowment OR
Grace Community Church OR
Eastern Oregon Alcoholism Foundation OR
Grantmakers for Education OR
The Spiral Gallery OR
The ALS Association Oregon and SW
Washington Chapter OR
Children's Relief Nursery OR
Home Builders OR
New Life Baptist Church OR
Feral Cat Awareness Team OR
Florence United Methodist Church OR
World of Speed OR
SW Community Health Center OR
Energy Trust of Oregon OR
St. Vincent de Paul Church OR
Fr. Bernard Youth Center OR
Oregon Psychoanalytic Center OR
Store to Door OR
Oregon Translational Research and
Development Insitute OR
Depaul Industries OR
OUR LADY OF PERPETUAL HELP
CATHOLIC CHURCH ALBANY OREGON OR
SELCO Community Credit Union OR
Prairie Baptist Church OR
North Coast Christian Church OR
Union County Economic Development
Corp. OR
Camelto Theatre Company OR
Camp Fire Columbia OR
TAKE III OUTREACH OR
Rolling Hills Community Church OR
Eugene Swim and Tennis Club OR
Summa Institute OR
Amani Center OR
Billy Webb Elks lodge #1050 OR
Silverton Senior Center OR
First Evangelical Presbyterian Church
of Oregon City OR
Joyful Servant Lutheran Church OR
Sandy Seventh-day Adventist Church OR
Muddy Creek Charter School OR
A FAMILY FOR EVERY CHILD OR
PORT OF CASCADE LOCKS OR
1000 FRIENDS OF OREGON OR
OREGON PEDIATRIC SOCIETY OR
NONPROFIT ASSOCIATION OF OREGON OR
LUKE DORF INC OR
FAMILY CARE INC OR
MEDICAL TEAMS INTL OR
Clean Slate Canine Rescue &
Rehabilitation OR
St. Martins Episcopal church OR
Tower Theatre Foundation, Inc OR
Food for Lane County OR
Clatsop Behavioral Healthcare OR
West Coast Haunters Convention OR
columbia gorge discovery center and
museum OR
NAMI of Washington County OR
American Legion Aloha Post 104 OR
The Dalles Art Association OR
Temple Beth Israel OR
Willamette Leadership
Academy/Pioneer Youth Corps Of
Oregon OR
Rose Haven OR
Dallas Church OR
OREGON STATE UNIVERSITY
BOOKSTORE INC OR
NORTH WILLAMETTE VALLEY HABITAT
FOR HUMANITY OR
FAIRFIELD BAPTIST CHURCH OR
Sexual Assault Support Services OR
Neskowin Valley School OR
RON WILSON CENTER FOR EFFECTIVE
LIVING INC OR
St. Joseph Shelter OR
Section 8
U.S. Communities Additional Provisions
The Inn Home for Boys, Inc.9138 OR
MCKENZIEWATERSHED COUNCIL OR
Opportunity Connections OR
MENNONITE HOME OF ALBANY INC OR
Oregon Technical Assistance
Corporation OR
Oregon And Southern Idaho Laborers
Employers Training School OR
New Life Fellowship Church of God OR
Gladstone Senior Center OR
Education Travel & Culture, Inc. OR
Rural Development Initiatives OR
Jason Lee Manor/UMRC OR
Jesus Pursuit Church OR
YMCA of Marion and Polk Counties OR
Urban Gleaners OR
PacificSource Health OR
Faith Christian Fellowship OR
Brookings Elks Lodge OR
Tualatin Lacrosse Club OR
Tillamook Seventh Day Adventist
Church OR
Oregon Jewish Community Foundation OR
East River Fellowship OR
Holy Family Academy OR
FIRST BAPTIST CHURCH OF EUGENE OR
PORTLAND METRO RESIDENTIAL
SERVICES OR
Peace Lutheran Church OR
Living Word Christian Center OR
Housing Authority of Douglas County OR
Vietnamese Christian Community
Church OR
Forest Park Conservancy OR
Friends for Animals OR
Family Building Blocks OR
Greenleaf Industries OR
Ananda Center at Laurelwood OR
Goodwill Industries of Lane and South
Coast OR
RB Pamplin Corportaion OR
Agia Sophia Academy OR
Friends of Driftwood Library OR
Consumers Power Inc. OR
A. C. Gilbert's Discovery Village OR
First Lutheran Church of Astoria OR
Fund For Christian Charity OR
Deer Meadow Assisted Living OR
Oregon Laborers-Employer
Administrative Fund, LLC OR
Umpqua Basin Water Association OR
Alpha Lambda House Corporation OR
St John Fisher Catholic Church Portland
Oregon OR
Eugene Creative Care OR
VFW POST 4248 OR
The Church of Christ of Latter Day
Saints OR
Cascade Height Public Charter School
PTA OR
G.O.B.H.I OR
Association of Oregon Corrections
EMployees, Inc. OR
A Jesus Church Family OR
300 Main Inc OR
Southwestern Oregon Public Defender
Services, Inc. OR
Albertina Kerr Centers OR
Dufur Christian Church OR
St. Matthew Catholic School OR
Serendipity Center Inc OR
Yellowhawk Tribal Health OR
CASA of Marion County OR
Oregoinans for Food & Shelter OR
Westside Church of Christ Inc OR
Northwest Family Services OR
Network Charter School OR
Ride Connecton OR
Parenting Now! OR
Christian Church of Woodburn OR
Verde OR
Native American Youth and Family
Center Early College Academy OR
USO Northwest OR
Norkenzie Christian Church OR
Little Flower Development Center OR
Section 8
U.S. Communities Additional Provisions
TLO Farms OR
Evergreen Wings and Waves OR
Ascension Episcopal Parish OR
Center for Family Development OR
West Salem Foursquare Church OR
Good Samaritan Ministry OR
Grace Lutheran Church of Molalla OR
Trinity Lutheran OR
HOPE LUTHERAN CHURCH OR
Mount Pisgah Arboretum OR
Redeemer Lutheran Church OR
Disjecta Contemporary Art Center OR
Korean Central Covenant Church of
Eugene OR
Yankton Baptist Church OR
BioGift Anatomical OR
Lower Columbia Estuary Partnership OR
Fur Footed Rescue, Inc. OR
Mt Hood Hospice OR
Opportunity Foundation of central
Oregon OR
Constructing Hope OR
Sprinkfield Elks #2145 OR
Abuse Recovery Ministry & Services OR
Oasis Shelter Home OR
ST HENRYS CHURCH OR
Nehalem Bay House OR
UNITED METHODIST CHURCH OR
p:ear OR
Health Share of Oregon OR
St. Peter Catholic Church OR
Mid Willamette Valley Community
Action OR
A Hope For Autism Foundation OR
NW Sport Fishing OR
Breast Friends OR
ScienceWorks Museum OR
Willamette Neighborhood Housing
Services OR
South Salem High Music Boosters OR
SEPTL Southeast Portland Tool Library OR
Kids Unllimited Academy OR
Cappella Romana OR
National Christian Community
Foundation OR
Legal Aid Services of Oregon LITC OR
The Sunriver Owners Association OR
Willamette Valley Babe Ruth OR
Center For Continuous Improvement OR
Northwest Center for Alternatives to
Pesticides OR
Junction City/Harrisburg/Monroe
Habitat for Humanity OR
The Followers of Christ Church of
Oregon City OR
SEIU Local 49 OR
Emerald Media Group OR
West Hills Christian School OR
Trillium Sprigs OR
Smith Memorial Presbyterian Church OR
Western Arts Alliance OR
Youth Dynamics OR
Ashland Art Center OR
Apostolic Church of Jesus Christ OR
DOUGLAS FOREST PROTECTIVE OR
Echo Theater Company OR
Corvallis Caring Place OR
Oregon Lyme Disease Network OR
Ecotrust OR
SPECIAL MOBILITY SERVICES OR
Bethlehem Christian Pre-School OR
Historical Outreach Foundation OR
Teras Interventions and Counseling Inc OR
Brooklyn Primary PTO OR
Mountain View Academy OR
Salem Area Chamber of Commerce OR
First Congregational Chrch OR
OREGON STATE FAIR OR
Tri-County Chamber of Commerce Inc OR
Ronald McDonald House Charities of
Oregon & Southwest Washington OR
Center for Human Development OR
God's Storehouse Pantry OR
Clackamas River Trout Unlimited OR
SafeHaven Humane Society OR
Rainier Assembly of God OR
Section 8
U.S. Communities Additional Provisions
Tilikum Center for Retreats and
Outdoor Ministries OR
Washington Park Transportation
Management Association OR
Travel Lane County OR
Hinson Baptist Church OR
Alvord Taylor OR
EUGENE CHRISTIAN FELLOWSHIP OR
Bridges to Change OR
Risen Records OR
DePaul Treatment Centers, Inc. OR
Ministerio International Casa OR
New Paradise Worship Center OR
Mission Increase Foundation OR
Curry Public Transit Inc OR
THREE RIVERS CASINO OR
Brookings Harbor Christian School OR
Local 290 OR
Hope Church of The Assemblies of God
Albany Oregon OR
Sherwood Community Friends Church OR
Bethesda Lutheran Church OR
Legacy Mt. Hood Medical Center OR
Adelante Mujeres OR
Yamhill Community Care Organization OR
Trinity United Methodist Church OR
Portland Japanese Garden OR
Ike Box Cafe OR
The Madeleine Parish OR
The Tucker-Maxon Oral School OR
Southwest Neighborhoods, Inc OR
Wallowa Valley Center For Wellness OR
KIDS INTERVENTION AND DIAGNOSTIC
CENTER OR
Joy Church Eugene OR
Portland Yacht Club OR
League of Women Voters OR
Oregon & Southern Idaho District
Council of Laborers' OR
Portland Police Sunshine Division OR
Curry Health Network OR
United Way of Lane County OR
The Lighthouse School OR
Olive Plaza OR
Rogue Valley Humane Society OR
Willamette Carpenters Training Center,
Inc OR
Great Portland Bible OR
College Possible OR
Unithed Way OR
Community Energy Project OR
Bridgeport Community Chapel OR
Oswego Lake Country Club OR
Urban League of Portland OR
La Grande Foursquare Church OR
Portland Oregon Visitors Association OR
Barter Union International OR
Southern Oregon Project Hope OR
Our United Villages OR
Sunset Presbyterian Church OR
Youth M.O.V.E. Oregon OR
Samaritan Health Services Inc. OR
St. Mary's Church OR
Santiam Assembly of God OR
CASCADES WEST FINANCIAL SERVICES
IN OR
Kilchis House OR
Calvary Assembly of God OR
Lake Grove Presbyterian Church OR
Grace Lutheran School OR
Western Mennonite School OR
OEA CHOICE TRUST OR
American Tinnitus Association OR
Oregon Coast Aquarium, Inc. OR
HOPE POINT CHURCH OR
Unitus Community Credit Union OR
St John the Baptist Greek Orthodox
Church OR
Parkinson's Resources of Oregon OR
Oregon Independent Automobile
Dealers Association OR
COLUMBIA PACIFIC ECONOMIC
DEVELOPMENT DISTRICT OF OREGON OR
St. Elizabeth Ann Seton Church OR
St Andrews Presbyterian OR
Section 8
U.S. Communities Additional Provisions
Oregon Rural Electric Cooperative
Association OR
THE MILL CASINO OR
Gateway Prebyterian Church OR
Oregon Jewish Museum and Center for
Holoacust Education OR
Northwest Opening OR
Oregon State University OR
Treasure Valley Community College OR
Institute of Technology OR
Unviersity of Oregon OR
OREGON UNIVERSITY SYSTEM OR
University of Western States OR
GEORGE FOX UNIVERSITY OR
LEWIS AND CLARK COLLEGE OR
PACIFIC UNIVERSITY OR
REED COLLEGE OR
WILLAMETTE UNIVERSITY OR
LINFIELD COLLEGE OR
MULTNOMAH BIBLE COLLEGE OR
NORTHWEST CHRISTIAN COLLEGE OR
NATIONAL COLLEGE OF NATURAL
MEDICINE OR
BLUE MOUNTAIN COMMUNITY
COLLEGE OR
PORTLAND STATE UNIV. OR
CLACKAMAS COMMUNITY COLLEGE OR
MARYLHURST UNIVERSITY OR
OREGON HEALTH AND SCIENCE
UNIVERSITY OR
BIRTHINGWAY COLLEGE OF
MIDWIFERY OR
pacific u OR
UNIVERSITY OF OREGON OR
CONCORDIA UNIV OR
Marylhurst University OR
Corban College OR
NORTH MARION SCHL DIST OR
University of Oregon - Purchasing and
Contracting Services OR
Oregon Center For Advanced T OR
UNIVERSITY OF PORTLAND OR
OSU Deschutes County Extension
Service OR
Portland Actors Conservatory OR
University Of Oregon Athletics
Department OR
Ecola Bible School OR
Tokyo Int'l University of America, Inc OR
WARNERPACIFIC COLG OR
Beta Omega Alumnae OR
Oregon Institute of Technology OR
SOUTHERN OREGON UNIVERSITY OR
EASTERN OREGON UNIVERSITY OR
Wilco Farmers OR
Harvest Church OR
Sociecty of American Foresters OR
Clackamas River Water Providers OR
eickhoff dev co inc OR
Cornerstone Association Inc OR
The Klamath Tribe OR
advocate care OR
Cannon Beach Fire OR
Life Flight Network LLC OR
OREGON DEPT OF FISH & WILDLIFE-
SAUVIE OR
PENTAGON FEDERAL CREDIT UNION OR
SAIF CORPORATION OR
GREATER HILLSBORO AREA CHAMBER
OF COMMERCE OR
USAGENCIES CREDIT UNION OR
PACIFIC CASCADE FEDERAL CREDIT
UNION OR
LOCAL GOVERNMENT PERSONNEL
INSTITUTE OR
GRANTS PASS MANAGEMENT
SERVICES, DBA OR
SPIRIT WIRELESS OR
Kartini Clinic OR
Astra OR
Beit Hallel OR
Cvalco OR
Elderhealth and Living OR
OREGON CORRECTIONS ENTERPRISES OR
OREGON STATE HOSPITAL OR
Section 8
U.S. Communities Additional Provisions
OFFICE OF PUBLIC DEFENSE SERVICES OR
Clatskanie People's Utility District OR
PIONEER COMMUNITY DEVELOPMENT OR
MARION COUNTY HEALTH DEPT OR
Ricoh USA OR
Heartfelt Obstetrics & Gynecology OR
Coquille Economic Development
Corporation OR
CITY/COUNTY INSURANCE SERVICE OR
COMMUNITY CYCLING CENTER OR
Shangri La OR
Portland Impact OR
Eagle Fern Camp OR
KLAMATH FAMILY HEAD START OR
RIVER CITY DANCERS OR
Oregon Permit Technical Association OR
KEIZER EAGLES AERIE 3895 OR
Pgma/Cathie Bourne OR
Sunrise Water OR
Burns Paiute Tribe OR
Oregon Public Broadcasting OR
La Grande Family Practice OR
Linn Benton Lincoln Educational
Services District OR
SHERMAN COUNTY SCHOOL DISTRICT OR
Ricoh USA OR
Sphere MD OR
BIENESTAR, INC. OR
MEDFORD WATER COMMISSION OR
Solutins Yes OR
sunrise water authority OR
Mountain Valley Therapy OR
EAstern Oregon Trade and Event
Center OR
Waste-Pro OR
QUEEN OF PEACE SCHOOL OR
Columbia River Inter-tribal Fish
Commission OR
NPKA OR
IBEW280 OR
Confederated Tribes of Warm Springs OR
Point West Credit Union OR
Oregon State Credit Union OR
PIONEER TELEPHONE COOPERATIVE OR
Halsey-Shedd Fire District OR
Northwest Power and Conservation
Council OR
Oregon Funeral Directors Association OR
Nez Perce Tribe OR
Obsidian Urgent Care, P.C. OR
First Presbyterian Church of La Grande OR
CONFLUENCE ENVIRONMENTAL CENTE OR
A&I Benefit Plan Administrators, Inc. OR
K Churchill Estates OR
CSC HEAD START OR
NORTHWEST VINTAGE CAR AND
MOTORCYCLE OR
crescent grove cemetery OR
IONE HIGH SCHOOL OR
Port of Toledo OR
Roseburg Police Department OR
Molalla Rural Fire Protection District OR
MONMOUTH - INDEPENDENCE
NETWORK OR
EUGENE WATER & ELECTRIC BOARD OR
MALIN COMMUNITY PARK AND
RECREATION DISTRICT OR
TILLAMOOK PEOPLES UTILITY DISTRICT OR
GLADSTONE POLICE DEPARTMENT OR
GOLD BEACH POLICE DEPARTMENT OR
THE NEWPORT PARK AND RECREATION
CENTER OR
RIVERGROVE WATER DISTRICT OR
TUALATIN VALLEY FIRE & RESCUE OR
GASTON RURAL FIRE DEPARTMENT OR
CITY COUNTY INSURANCE SERVICES OR
SOUTH SUBURBAN SANITARY DISTRICT OR
SOUTH FORK WATER BOARD OR
SUNSET EMPIRE PARK AND
RECREATION OR
SPRINGFIELD UTILITY BOARD OR
Tillamook Urban Renewal Agency OR
Netarts Water District OR
OAK LODGE SANITARY DISTRICT OR
Boardman Rural Fire Protection
District OR
Section 8
U.S. Communities Additional Provisions
Tualatin Soil and Water Conservation
District OR
Silverton Fire District OR
Lewis and Clark Rural Fire Protection
District OR
Rainbow Water District OR
Illinois Valley Fire District OR
Clatskanie RFPD OR
PORT OF TILLAMOOK BAY OR
TRI-COUNTY HEALTH CARE SAFETY NET
ENTERPRISE OR
METROPOLITAN EXPOSITION-
RECREATION COMMISSION OR
REGIONAL AUTOMATED
INFORMATION NETWORK OR
OAK LODGE WATER DISTRICT OR
THE PORT OF PORTLAND OR
WILLAMALANE PARK AND
RECREATION DISTRICT OR
TUALATIN VALLEY WATER DISTRICT OR
UNION SOIL & WATER CONSERVATION
DISTRICT OR
LANE EDUCATION SERVICE DISTRICT OR
TUALATIN HILLS PARK AND
RECREATION DISTRICT OR
PORT OF SIUSLAW OR
CHEHALEM PARK AND RECREATION
DISTRICT OR
PORT OF ST HELENS OR
LANE TRANSIT DISTRICT OR
CENTRAL OREGON
INTERGOVERNMENTAL COUNCIL OR
HOODLAND FIRE DISTRICT NO.74 OR
MID COLUMBIA COUNCIL OF
GOVERNMENTS OR
WEST MULTNOMAH SOIL AND WATER
CONSERVATION DISTRICT OR
SALEM AREA MASS TRANSIT DISTRICT OR
Banks Fire District #13 OR
KLAMATH COUNTY 9-1-1 OR
GLENDALE RURAL FIRE DISTRICT OR
COLUMBIA 911 COMMUNICATIONS
DISTRICT OR
CLACKAMAS RIVER WATER OR
NW POWER POOL OR
Lowell Rural Fire Protection District OR
TriMet Transit OR
Estacada Rural Fire District OR
Keizer Fire District OR
State Accident Insurance Fund
Corporation OR
Bend Metro Park & Recreation District OR
Port of Hood River OR
La Pine Park & Recreation District OR
Brookings- HArbor School District 17c OR
Siuslaw Public Library District OR
Tri-County Metropolitan
Transportation District of Oregon
("TriMet") OR
Columbia River Fire & Rescue OR
Fern Ridge Library District OR
Bend Park and Recreation District OR
Port of Garibaldi OR
Seal Rock Water District OR
Rockwood Water P.U.D. OR
Gollux OR
Tillamook Fire District OR
Tillamook County Transportation Dist OR
Central Lincoln People's Utility District OR
Jefferson Park and Recreation OR
tvwd OR
City of Monmouth / Public Works OR
McMinnville Police Department OR
Long Creek School District OR
City of Salem Fire Department OR
City of Sublimity OR
City of Central Point Parks and
Recreation OR
Gearhart Fire Department OR
Woodburn City Of OR
Brookings Fire / Rescue OR
City of Veneta OR
CITY OF DAMASCUS OR
Hermiston Fire & Emergency Svcs OR
CEDAR MILL COMMUNITY LIBRARY OR
CITY OF LAKE OSWEGO OR
Section 8
U.S. Communities Additional Provisions
LEAGUE OF OREGON CITIES OR
CITY OF SANDY OR
CITY OF ASTORIA OREGON OR
CITY OF BEAVERTON OR
CITY OF BOARDMAN OR
CITY OF CANBY OR
CITY OF CANYONVILLE OR
CITY OF CENTRAL POINT POLICE
DEPARTMENT OR
CITY OF CLATSKANIE OR
CITY OF CONDON OR
CITY OF COOS BAY OR
CITY OF CORVALLIS OR
CITY OF CRESWELL OR
CITY OF ECHO OR
CITY OF ESTACADA OR
CITY OF EUGENE OR
CITY OF FAIRVIEW OR
CITY OF GEARHART OR
CITY OF GOLD HILL OR
CITY OF GRANTS PASS OR
CITY OF GRESHAM OR
CITY OF HILLSBORO OR
CITY OF HOOD RIVER OR
CITY OF JOHN DAY OR
CITY OF KLAMATH FALLS OR
CITY OF LA GRANDE OR
CITY OF MALIN OR
CITY OF MCMINNVILLE OR
CITY OF HALSEY OR
CITY OF MEDFORD OR
CITY OF MILL CITY OR
CITY OF MILWAUKIE OR
CITY OF MORO OR
CITY OF MOSIER OR
CITY OF NEWBERG OR
CITY OF OREGON CITY OR
CITY OF PILOT ROCK OR
CITY OF POWERS OR
RAINIER POLICE DEPARTMENT OR
CITY OF REEDSPORT OR
CITY OF RIDDLE OR
CITY OF SCAPPOOSE OR
CITY OF SEASIDE OR
CITY OF SILVERTON OR
CITY OF STAYTON OR
City of Troutdale OR
CITY OF TUALATIN, OREGON OR
CITY OF WARRENTON OR
CITY OF WEST LINN/PARKS OR
CITY OF WOODBURN OR
CITY OF TIGARD, OREGON OR
CITY OF AUMSVILLE OR
CITY OF PORT ORFORD OR
CITY OF EAGLE POINT OR
CITY OF WOOD VILLAGE OR
St. Helens, City of OR
CITY OF WINSTON OR
CITY OF COBURG OR
CITY OF NORTH PLAINS OR
CITY OF GERVAIS OR
CITY OF YACHATS OR
FLORENCE AREA CHAMBER OF
COMMERCE OR
PORTLAND DEVELOPMENT
COMMISSION OR
CITY OF CANNON BEACH OR OR
CITY OF ST. PAUL OR
CITY OF ADAIR VILLAGE OR
CITY OF WILSONVILLE OR
CITY OF HAPPY VALLEY OR
CITY OF SHADY COVE OR
CITY OF LAKESIDE OR
CITY OF MILLERSBURG OR
CITY OF GATES OR
KEIZER POLICE DEPARTMENT OR
CITY OF DUNDEE OR
Pendleton Police Department OR
CITY OF AURORA OR
THE CITY OF NEWPORT OR
CITY OF ALBANY OR
CITY OF ASHLAND OR
CITY OF LEBANON OR
CITY OF PORTLAND OR
CITY OF SALEM OR
CITY OF SPRINGFIELD OR
Section 8
U.S. Communities Additional Provisions
METRO OR
CITY OF BURNS OR
CITY OF COTTAGE GROVE OR
CITY OF DALLAS OR
CITY OF FALLS CITY OR
CITY OF PHOENIX OR
CITY OF PRAIRIE CITY OR
CITY OF REDMOND OR
CITY OF SHERWOOD OR
City of junction city OR
City of Florence OR
Columbia Gorge Community OR
West Linn Police Department OR
City of Dayton OR
City of Carlton OR
City of Pendleton Convention Center OR
City of Monmouth OR
City of Philomath OR
City of Sheridan OR
Seaside Public Library OR
City of Yoncalla OR
La Grande Police Department OR
City of Joseph OR
Cove City Hall OR
NW PORTLAND INDIAN HEALTH
BOARD OR
Portland Patrol Services OR
City Of Bend OR
City Of Coquille OR
City Of Molalla OR
ROCKWOOD WATER PEOPLE'S UTILITY
DISTRICT OR
City of St. Helens OR
City of North Powder OR
City of Eugene OR
City of Cornelius, OR OR
Toledo Police Department OR
Springfield Public Library OR
City of Independence OR
City of Cascade Locks OR
City of Columbia City OR
City of Baker City OR
McMinnville Water & Light OR
City of Pendleton Parks & Recreation OR
CITY OF HEPPNER OR
CITY OF HERMISTON OR
CITY OF SWEETHOME OR
CITY OF THE DALLES OR
CLACKAMAS FIRE DIST#1 OR
DESCHUTES PUBLIC LIBRARY OR
STAYTON FIRE DISTRICT OR
Lake County Chamber of Commerce
Inc OR
City of Talent OR
City of Ontario OR
City of Corvallis Parks and Recreation OR
North Lincoln Fire & Rescue #1 OR
Gresham Police Department OR
City of Harrisburg OR
Gladstone Public Library OR
West Linn Police OR
City of Portland Parks Bureau OR
City of Astoria Parks Dept. OR
Seaside Fire & Rescue OR
Florence Police Department OR
City Of North Bend OR
City of Union OR
City of Nehalem OR
City of Richland OR
CITY OF LINCOLN CITY OR
City of Donald OR
City of Milton-Freewater OR
CITY OF MADRAS OR
CITY OF SCIO OR
City of Forest Grove OR
City Govrnment OR
City of Mt. Angel OR
Albany Police Department OR
Tualatin Police Department OR
City of Sodaville OR
Canby Utility OR
Umatilla Electric Cooperative OR
WATER ENVIRONMENT SERVICES OR
Polk County Fire District No.1 OR
Clatsop Care Health District-Clatsop
Retirement Village OR
Section 8
U.S. Communities Additional Provisions
Netarts-Oceanside RFPD OR
UIUC OR
Rogue River Fire District OR
Aurora Rural FIre District OR
Tillamook County Emergency
Communications District OR
Southern Coos Hospital OR
Oregon Cascades West Council of
Governments OR
MULTONAH COUNTY DRAINAGE
DISTRICT #1 OR
PORT OF BANDON OR
OR INT'L PORT OF COOS BAY OR
MID-COLUMBIA CENTER FOR LIVING OR
DESCHUTES COUNTY RFPD NO.2 OR
YOUNGS RIVER LEWIS AND CLARK
WATER DISTRICT OR
PACIFIC STATES MARINE FISHERIES
COMMISSION OR
CENTRAL OREGON IRRIGATION
DISTRICT OR
MARION COUNTY FIRE DISTRCT #1 OR
COLUMBIA RIVER PUD OR
SANDY FIRE DISTRICT NO. 72 OR
BAY AREA HOSPITAL DISTRICT OR
NEAH KAH NIE WATER DISTRICT OR
PORT OF UMPQUA OR
EAST MULTNOMAH SOIL AND WATER
CONSERVANCY OR
Benton Soil & Water Conservation
District OR
DESCHUTES PUBLIC LIBRARY SYSTEM OR
CLEAN WATER SERVICES OR
North Douglas County Fire & EMS OR
Crooked River Ranch Rural Fire
Protection District OR
PARROTT CREEK CHILD & FAM OR
South Lane County Fire And Rescue OR
Mill City RFPD OR
Lake Chinook Fire & Rescue OR
Clackamas County Water Environment
Services OR
Amity Fire District OR
CENTRAL OREGON COMMUNITY
COLLEGE OR
UMPQUA COMMUNITY COLLEGE OR
LANE COMMUNITY COLLEGE OR
MT. HOOD COMMUNITY COLLEGE OR
LINN-BENTON COMMUNITY COLLEGE OR
SOUTHWESTERN OREGON
COMMUNITY COLLEGE OR
PORTLAND COMMUNITY COLLEGE OR
CHEMEKETA COMMUNITY COLLEGE OR
ROGUE COMMUNITY COLLEGE OR
COLUMBIA GORGE COMMUNITY
COLLEGE OR
TILLAMOOK BAY COMMUNITY
COLLEGE OR
KLAMATH COMMUNITY COLLEGE
DISTRICT OR
Oregon Coast Community College OR
Clatsop Community College OR
North Portland Bible College OR
OREGON COMMUNITY COLLEGE
ASSOCIATION OR
Umpqua Valley Public Defender OR
Teacher Standards and Pracitices
Commission OR
Salem Keizer School District Purchasing OR
Kdrv Channel 12 OR
Opta Oregon Permit Technician OR
Oregon Forest Resources Institute OR
Office of the Ong Term Care
Ombudsman OR
Oregon State Lottery OR
OREGON TOURISM COMMISSION OR
OREGON STATE POLICE OR
OFFICE OF THE STATE TREASURER OR
OREGON DEPT. OF EDUCATION OR
SEIU LOCAL 503, OPEU OR
OREGON DEPARTMENT OF FORESTRY OR
OREGON STATE DEPT OF
CORRECTIONS OR
OFFICE OF MEDICAL ASSISTANCE
PROGRAMS OR
OREGON OFFICE OF ENERGY OR
Section 8
U.S. Communities Additional Provisions
OREGON STATE BOARD OF NURSING OR
BOARD OF MEDICAL EXAMINERS OR
OREGON LOTTERY OR
OREGON BOARD OF ARCHITECTS OR
SANTIAM CANYON COMMUNICATION
CENTER OR
OREGON DEPT OF TRANSPORTATION OR
OREGON TRAVEL INFORMATION
COUNCIL OR
OREGON DEPARTMENT OF
EDUCATION OR
OREGON DEPT. OF CORRECTIONS OR
DEPARTMENT OF ADMINISTRATIVE
SERVICES OR
Oregon Board of Massage Therapists OR
Oregon Forest Industries Council OR
Oregon Tradeswomen OR
Oregon Convention Center OR
OREGON SCHL BRDS ASSOCIAT OR
Central Oregon Home Health and Hos OR
Oregon Health Care Quality Cor OR
OREGON DEPARTMENT OF HUMAN
SERVICES OR
Oregon Air National Guard OR
Training & Employment OR
State of Oregon - Department of
Administrative Services OR
Aging and People with Disabilities OR
Department of Administrative Services OR
Oregon State Treasury OR
Oregon State Fair Council OR
Oregon DEQ OR
Procurement Services/DAS OR
STATE OF OREGON OR
OREGON JUDICIAL DEPARTMENT OR
Oregon State Board of Architect
Examiners OR
Oregon Board of Chiropractic
Examiners OR
City of Astoria Fire Department OR
Columbia Gorge ESD OR
Nehalem Bay Wastewater OR
Association of Oregon Community
Mental Health Programs OR
Klamath County Association of
Realtors OR
VA OR
US FISH AND WILDLIFE SERVICE OR
Bonneville Power Administration OR
Bureau Of Land Management OR
Oregon Army National Guard OR
Linn County Sheriff Office OR
USDA Forest Service OR
123d Fighter Squadron OR
Yellowhawk Tribal Health Center OR
ANGELL JOB CORPS OR
Coquille Indian Housing Authority OR
COLLEGE HOUSING NORTHWEST OR
HOUSING AUTHORITY OF CLACKAMAS
COUNTY OR
HOUSING AUTHORITY OF PORTLAND OR
WEST VALLEY HOUSING AUTHORITY OR
HOUSING AUTHORITY AND
COMMUNITY SERVICES AGENCY OR
NORTH BEND CITY- COOS/URRY
HOUSING AUTHORITY OR
MARION COUNTY HOUSING
AUTHORITY OR
HOUSING AUTHORITY OF THE CITY OF
SALEM OR
Housing Authority of Yamhill County OR
The Housing Authority of the County of
Umatilla OR
homeforward OR
LifeSource OR
Access Inc OR
WOMENSPACE INC OR
McKenzie River Trust OR
WINTERSPRING CENTER OR
PNW. For Puerto Rico Relief OR
Justin Parret OR
Section 8
U.S. Communities Additional Provisions
FEMA STANDARD TERMS AND CONDITIONS ADDENDUM
FOR CONTRACTS AND GRANTS
If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management Agency (“FEMA”) grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal Regulations, Part 13 (“44 CFR 13”).
In addition, Contractor agrees to the following specific provisions:
1. Pursuant to 44 CFR 13.36(i)(1), City is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor’s compliance with the terms of this Master Agreement, including but not limited to those remedies set forth at 44 CFR 13.43.
2. Pursuant to 44 CFR 13.36(i)(2), City may terminate the Master Agreement for cause or convenience in accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44.
3. Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws:
a. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor (“DOL”) regulations (41 CFR Ch. 60);
b. Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3);
c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5);
d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by DOL regulations (29 CFR Part 5);
e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and
f. 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).
4. Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and
41. 5. Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions regarding patents:
Section 8
U.S. Communities Additional Provisions
a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under this Agreement, shall belong to the City and be disposed of in accordance with City policy. The City, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries.
6. Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights:
a. If this Agreement results in any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes:
(1) The copyright in any work developed under a grant or contract; and (2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support.
7. Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records of the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as often as City deems necessary, Contractor shall permit City, FEMA, the Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions.
8. Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or City makes final payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth in 44 CFR 13.42.
Section 8
U.S. Communities Additional Provisions
COMMUNITY DEVELOPMENT BLOCK GRANT ADDENDUM
Purchases made under this contract may be partially or fully funded with federal grant funds.
Funding for this work may include Federal Funding sources, including Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development. When such funding is provided, Contractor shall comply with all terms, conditions and requirements enumerated by the grant funding source, as well as requirements of the State statutes for which the contract is utilized, whichever is the more restrictive requirement. When using Federal Funding, Contractor shall comply with all wage and latest reporting provisions of the Federal Davis-Bacon Act. HUD-4010 Labor Provisions also applies to this contract.
Section 8
U.S. Communities Additional Provisions
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
Exhibit A
Sample City Contract
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
AGREEMENT TO PROVIDE
EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES
As used in this Section of the RFP, the term “Contract” shall refer to the agreement entered into between the City and the Company , and the term “Company” shall refer to the vendor that has been awarded a contract.
RECITALS
WHEREAS, the City issued a Request For Proposals (RFP # 269- 2018-047) for Equipment Rentals and Related Products and Services dated May 22, 2018. This Request for Proposals together with all attachments and addenda, is referred to herein as the “RFP”; and WHEREAS, the Company submitted a Proposal in response to RFP # 269-2018-047 on June 26, 2018. This Proposal, together with all attachments and separately sealed confidential trade secrets, is referred to herein as the “Proposal.”
WHEREAS, the City awarded this Contract on _____________ , 2018 to Company to provide Equipment Rentals and Related Products and Services dated to the City all in accordance with the terms and conditions set forth herein.
WHEREAS, the City of Charlotte, on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”), competitively solicited and awarded the Contract to the Company. The City has designated U.S. Communities as the administrative and marketing conduit for the distribution of the Contract to Participating Public Agencies.
The City is acting as the “Contracting 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) 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 Lead Public Agencies’ Master Agreements. 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. In interpreting this Contract and resolving any ambiguities, the main body of this Contract will take precedence over the Exhibits, and any inconsistency between the Exhibits will be Exhibit A
Sample City Contract
resolved in the order in which the Exhibits appear below. Each reference to COMPANY NAME in the Exhibits and Appendices shall be deemed to mean the Company.
1.1. EXHIBIT A: Discount Schedule, Price Lists, and Incentives
1.2. EXHIBIT B: Scope of Work
1.3. EXHIBIT C: Proposal Response Forms
2. DEFINITIONS.
This section may include, but not be limited to, terms defined in Section 1 of the RFP.
3. TERM. The initial term of this Contract will be for five (5) years from the Effective Date with an option to renew for two (2) additional two-year terms. This Contract may be extended only by a written amendment to the contract signed by both parties.
4. AGREEMENT TO PROVIDE PRODUCTS AND SERVICES.
4.1 The Company shall provide the Products and Services in accordance with the terms and conditions set forth in this Contract and the attached Exhibits when ordered from time to time by the City. Except as set forth Exhibit A, the prices set forth in Exhibit A constitute all charges payable by the City for the Products and Servi ces, and all labor, materials, equipment, transportation, facilities, storage, information technology, permits, and licenses necessary for the Company to provide the Products and Services. The Company shall perform any Services for the City on site at the City’s facilities in Charlotte, North Carolina, except as otherwise stated in this Contract or agreed in writing by the City.
4.2 Placement of Orders: All orders will be placed by personnel designated by the City on an as needed basis for the quantity require d at the time during the term of the Contract.
5. OPTIONS AND ACCESSORIES : The City may in its discretion purchase from the Company options and Services beyond what is called for in the Scope of Work , provided that such purchase does not create unfairness so as to defeat the purpose of the bid statutes, and provided the City is authorized by law to make such purchases without a formal bid process.
6. DOCUMENTATION: the Company will provide for all products purchased under this contract written or electronic documentation that is complete and accurate, and sufficient to enable city employees with ordinary skills and experience to utilize such products for the purpose for which the city is acquiring them.
7. COMPENSATION. The City shall pay the co mpany for the products and services delivered in compliance with the specifications at the prices set forth in E xhibit A. This amount constitutes the maximum fees and charges payable to the company in the aggregate under this contract and will not be incre ased except by a written amendment duly executed by both parties in compliance with the price adjustment provisions set forth in Section 8.
The company shall not be entitled to charge the city any prices, fees or other amounts that are not listed in Exhibit A.
8. PRICE ADJUSTMENT.
8.1 The price(s) stated in this Contract shall not increase for the first year of the five-year term of the Contract. The prices shall also not increase during the two, two-year Exhibit A
Sample City Contract
renewal option terms unless the City approves a price adjustment in writing in accordance with the following terms:
8.1.1 Price increases shall only be allowed when justified in the City’s sole discretion based on legitimate, bona fide increases in the cost of materials.
No adjustment shall be made to compe nsate the Company for inefficiency in operation, increase in labor costs, or for additional profit.
8.1.2 To obtain approval for a price increase, the Company shall submit a written request to the Procurement Management Division representative, at the address listed below, together with written documentation sufficient to demonstrate that the increase is necessary based on a legitimate increase in the cost of materials. The request must state and fully justify the proposed price increase per unit over the price originally proposed.
City of Charlotte
M&FS Finance Office / Procurement Management
600 East Fourth Street
Charlotte, NC 28202
8.1.3 No proposed price increase shall be valid unless accepted by the City in writing. The City may approve such price increase for the remaining term of the Contract or for a shorter specified period, in the City’s sole discretion. If the City rejects such price increase, the Company shall continue performance of the Contract.
8.1.4 If the City approves a price increase pursuant to this Section and the market factors justifying the increase shift so that the increase is no longer justified, the City shall have the right to terminate the price increase and revert back to the prices that were in effect immediately prior to the increase. The Company shall notify the City in writing if the market factors on which the City granted the increase change such that th e City’s reasons for granting the increase longer apply.
8.2 If the Company's unit prices for any Products and/or Services should decrease, the Company shall provide the affected Products and/or Services at the lower discounted price. The Company will provide the City with prompt written notice of all decreases in unit prices.
8.3 If a Product becomes unavailable, or if a new Product becomes available, the Company promptly w ill send the City a proposed revised version of Exhibit A.
The City reserves the right to add or delete items to this Contract if particular items should become discontinued or an upgraded item becomes available to the industry market. Any new or replacement items added may be subject to bid statute requirements. The City may also delete radio and communication equipment items included in this Contract if items are no longer needed or no longer issued as part of radios and communication equipment. At no additional cost to the City, the Company may substitute any Product or Service to be provided by the Company, if the substitute meets or exceeds the Specifications, is compatible with the City’s operating environment and is of equivalent or better quality to the City. Any substitution will be reflected in a written signed change order.
9. BILLING. Each invoice sent by the Company shall include all reports, information and data required by this Contract (including the Exhibits) necessary to entitle the Company to Exhibit A
Sample City Contract
the requested payment. The Company shall send one (1) copy only of each invoice using one of the following options:
Option 1 – E-mail one copy of each invoice to [email protected] . Company shall not mail invoices that have been sent via e-mail.
Option 2 – Mail one copy of each invoice to:
City of Charlotte Accounts Payable
PO Box 37979
Charlotte, NC 28237-7979
Attn: (Insert Department)
The City is not tax exempt from sales tax. The Company shall include all applicable State and County sales taxes on the invoice and not combined with the cost of the goods.
Payment of invoices shall be due within thirty (30) days after the City has received all of the following: (a) an accurate, properly submitted invoice, (b) all reports due for the month covered by the invoice; and (c) any other information reasonably requested by the City to verify the charges contained in the invoice. Invoices must include state and local sales tax.
10. CONTRACT MONITORING: The City shall have the right to audit the Company’s compliance with the terms and condi tions of the Contract at such times as the City deems appropriate. Unless the City elects to terminate the Contract, the Company shall develop a written action plan to correct any Contract deficiency identified during these compliance audits, and shall submit such plan to the City within thirty (30) days of notification of non - compliance.
11. REPORTING: The Company shall provide such written reports of purchasing and expenditures as may be requested by the City from time to time, including without limitation any reports described in the Specifications.
12. AUDIT: During the term of the Contract and for a period of three (3) years after termination or expiration of this Contract for any reason, the City shall have the right to audit, either itself or throug h a third party, all books and records (including but not limited to the technical records) and facilities of the Company necessary to evaluate Company’s compliance with the terms and conditions of the 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 $5,000 but for the audit, then the Company shall be required to reimburse the City for the cost of the audit.
13. GENERAL WARRANTIES. Company represents and warrants that:
13.1 It is a corporation duly incorporated, validly existing and in good standing under the laws of the state of __________, and is qualified to do business in North Carolina;
13.2 It has all the requisite corporate power and authority to execute, deliver and perform its obligations under this Contract;
13.3 The execution, delivery, and performance of this Contract have been duly authorized by Company;
13.4 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;
Exhibit A
Sample City Contract
13.5 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
13.6 The Company shall not violate any agreement with any third party by entering into or performing this Contract.
14. ADDITIONAL REPRESENTATIONS AND WARRANTIES . Company represents warrants and covenants that:
14.1 The Products and Services shall comply with all requirements set forth in this Contract, including but not limited to the attached Exhibits;
14.2 All work performed by the Company and/or its subcontractors pursuant to this Contract shall meet industry accepted standards, and shall be performed in a professional and workmanlike manner by staff with the necessary skills, experience and knowledge;
14.3 Neither the Services, nor any Products provided by the Company under this Contract will infringe or misappropriate any patent, copyright, trademark or trade secret rights of any third party; and
14.4 The Company and each of its subcontractors have complied and shall comply in all material respects with all applicable federal, state and local laws, regulations and guidelines relating to the performance of this Contract or to the products and services delivered hereunder, including but not limited to E -Verify, and shall obtain all applicable verifications, permits, and licenses.
15. COMPLIANCE WITH LAWS: All Products and Services delivered under this Contract shall be in compliance with all applicable federal, state and local laws, regulations and ordinances. In performing the Contract, the Company shall obtain and maintain all licenses and permits, and comply with all federal, state and local laws, regulations and ordinances.
16. DELIVERY TIME: When delivery time is requested in the ITB, (whether in the form of a specific delivery date or maximum number of days for delivery) time is of the essence. The Company’s Bid shall be deemed a binding commitment of the Company to meet the delivery time stated herein unless the Bid specifically takes exception. If such delivery time is not met, the C ity shall be entitled to terminate the Contract immediately for default and/or exercise any other remedies available at law or in equity.
17. QUALITY. Unless this Contract specifically states otherwise for a particular item, all components used to manufacture or construct any supplies, materials or equipment or Products provided under this Contract shall be: (a) new; (b) the latest model; (c) of the best quality and highest grade workmanship; and (d) in compliance with all applicable federal, state and local laws, regulations and requirements. By “new”, the City means that the item has been recently produced and has not been previously sold or used.
Whenever this Contract states that a Product or Service shall be in accordance with laws, ordinances, building codes, underwriter’s codes, applicable A.S.T.M. regulations or similar expressions, the requirements of such laws, ordinances, etc., shall be construed to be minimum requirements that are in addition to any other requirements that may be stated in this Contract.
18. DESIGN AND/OR MANUFACTURER REQUIREMENT : All Products and Services shall meet the Specifications set forth in Section 4 of the RFP.
Exhibit A
Sample City Contract
19. INSPECTION AT COMPANY’S SITE : The City reserves the right to inspect the equipment, plant, store or other facilities of the Company during the Contract term from time to time as the City deems necessary to confirm that such equipment, plant, store or other facilities conform with the Specifications and are adequate and suitable for proper and effective performance of the Contract. Such inspections shall be conducted during normal business hours and upon at least three (3) days’ notice to the Company (except that a store may be inspected at any time during regular store hours without notice).
20. PREPARATION FOR DELIVERY:
20.1 Condition and Packaging. All containers/packaging shall be suitable for handling, storage or shipment, without damage to the contents. The Company shall make shipments using the minimum number of containers consistent with the requirements of safe transit, available mode of transportation routing. The Company will be responsible for confirming that packing is sufficient to assure that all the materials arrive at the correct destination in an undamaged condition ready for their intended use.
20.2 Marking. All cartons shall be clearly identified with the City purchase order number and the name of the department making the purchase. Packing lists must be affixed to each carton identifying all contents included in the carton. If more than one carton is shipped, each carton must be numbered and must state the number of that carton in relation to the total number of cartons shipped (i.e. 1 of 4, 2 of 4, etc).
20.3 Shipping. The Company shall follow all shipping instructions included in the ITB, the City’s purchase order or in the Contract.
21. ACCEPTANCE OF PRODUCTS/SERVICES : The Products delivered under this Contract shall remain the property of the Company until the City physically inspects, actually uses and accepts the Products. In the event Products provided to the City do not comply with the Contract, the City shall be entitled to terminate the Contract upon written notice to the Company and return such Products (and any related goods) to the Company at the Company’s expense. In the event the Services provided under this Contract do not comply with the Contract, the City reserves the right to cancel the Service and rescind any related purchase of products upon written notice to the Company. The remedies stated in this Section are in addition to and without limi tation of any other remedies that the City may have under the Contract, at law or in equity.
22. GUARANTEE: Unless otherwise specified by the City, the Company unconditionally guarantees the materials and workmanship on all Products and Services. If, within t he guarantee period any defects occur due to a faulty Product or Services (including without limitation a failure to comply with the Specifications), the Company at its expense, shall repair or adjust the condition, or replace the Product and/or Services t o the complete satisfaction of the City. These repairs, replacements or adjustments shall be made only at such time as will be designated by the City to ensure the least impact to the operation of City business.
23. NO LIENS: All Products shall be delivered and shall remain free and clear of all liens and encumbrances.
24. MANUFACTURER OR DEAL ER ADVERTISEMENT : No manufacturer or dealer shall advertise on Products delivered to the City without prior approval by the City.
25. RIGHT TO COVER: If the Company fails to co mply with any term or condition of the Contract or the Company’s response to the ITB, the City may take any of the following Exhibit A
Sample City Contract
actions with or without terminating the 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 obtain the applicable Products and/or Services (or reasonable substitutes) from a third party; and
(B) Recover from the Company the difference between what the City paid for such Products and/or Services on the open market and the price of such Products and/or Services under the Contract or the Company’s response to the ITB.
26. RIGHT TO WITHHOLD PA YMENT: If Company breaches any provision of the Contract, the City shall have the right to withhold all payments due to the Company until such breach has been fully cured.
27. LIQUIDATED DAMAGES: The Company acknowledges and agrees that the City may incur costs if the Company fails to meet the certain requirements set forth in the Specifications. The Company further acknowledges and agrees that: (a) the City may be damaged by such failures, including loss of goodwill and administrative costs; but that (b) the costs that the City might reasonably be anticipated to accrue as a result of such failures are difficult to ascertain due to their indefiniteness and uncertainty.
28. OTHER REMEDIES: Upon breach of the 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 m ay be exercised successively or concurrently, in addition to any other available remedy.
29. TERMINATION.
29.1 TERMINATION WITHOUT CAUSE. The City may terminate this Contract at any time without cause by giving sixty (60) days written notice to the Company. The Company may terminate this Contract at any time without cause by giving one hundred and eighty (180) days written notice to the City.
29.2 TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written notice to the other party, either party may terminate this Cont ract upon the occurrence of one or more of the following events:
29.2.1 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
29.2.2 The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof; or
29.2.3 The other party ceases to do business as a going concern, makes an assignment for the benefit of creditor s, 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 an d performance of all its obligations under this 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.
Exhibit A
Sample City Contract
Any notice of default pursuant to this Section shall identify and state the party’s intent to terminate this Contract if the default is not cured within the specified period.
29.3 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 grounds for termination without a cure period and without the occurrence of any of the other events of default previously listed):
29.3.1 The Company makes or allows to be m ade any material written misrepresentation or provides any materially misleading written information in connection with this Contract, Company’s Bid, or any covenant, agreement, obligation, term or condition contained in this Contract; or
29.3.2 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 t o provide the proof of insurance as required by this Contract.
29.4 NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination of the 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.
29.5 OBLIGATIONS UPON EX PIRATION OR TERMINATION. Upon expiration or termination of this Contract, the Company shall promptly (a) return to the City all computer programs, files, documentation, data, media, related material and any other recording devices, information, or compact discs that are owned by the City; (b) provide the City with sufficient data necessary to migrate to a new vendor, or allow the City or a new vendor access to the systems, software, infrastructure, or processes of the Company that are necessary to migrate to a new vendor; and (c) refund to the City all pre-paid sums for Products or Services that have been cancelled and will not be delivered.
29.6 NO SUSPENSION. In the event that the City disputes in good faith an allegation of default by the Company, notwiths tanding anything to the contrary in this Contract, the Company agrees that it will not terminate this Contract or suspend or limit the delivery of Products or 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.
29.7 AUTHORITY TO TERMINATE. The City Manager or their designee is authorized to terminate this Contract on behalf of the City.
29.8 TRANSITION 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, functions and operations provided by the Company hereunder to another provider or to the City as determined by the City in its sole discretion. The transition services that the Company shall perform if requested by the City include but are not limited to:
Exhibit A
Sample City Contract
29.8.1 Working with the City to jointly develop a mutually agreed upon trans ition services plan to facilitate the termination of the Services; and
29.8.2 Notifying all affected vendors and subcontractors of the Company of transition activities;
29.8.3 Performing the transition service plan activities;
29.8.4 Answering questions regarding the products and services on an as- needed basis; and
29.8.5 Providing such other reasonable services needed to effectuate an orderly transition to a new system.
30. NO DELAY DAMAGES : Under no circumstances shall the City be liable to the successful Bidder for any damages arising from delay, whether caused by the City or not.
31. MULTIPLE CONTRACT AWARDS. This Contract is not exclusive. The City reserves the right to award multiple contracts for the Products and Services required by this Contract if the City deems multiple Contracts to be in the City’s best interest.
32. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this Contract is solely that of independe nt 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 activities of the other; (ii) constitute such parties as partners, joint ventures, co -owners or otherwise as participants in a joint or common undertaking; (iii) make either party an agent of the other for any purpose whatsoever, or (iv) give either party the authority to act for, bind, or otherwise create or assume any obligation on behalf of the other. Nothing here in shall be deemed to eliminate any fiduciary duty on the part of the Company to the City that may arise under law or under the terms of this Contract.
33. 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 any of them 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 Work 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; or (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 a violation of any federal, state or local law, regulation or ordinance by the Company or any its subcontractors (including without limitation E -Verify or other immigra tion laws); or (v) 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: (a) the term “Indemnitees” means the City and each of the City’s officers, officials, employees, agents and independent contractors (excluding the Company); and (b) 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) or any other legal theory or principle, in connection with an Infringement Claim.
Exhibit A
Sample City Contract
34. INSURANCE. Throughout the term of the Contract, the Company shall comply with the insurance requirements described in this Section. In the event the Company fails to procure and maintain each type of insurance required by this Section, or in the event the Company fails to provide the City with the required certificates of insurance, the City shall be entitled to terminate the Contract immediately upon written notice to the Company.
The Company agrees to purchase and maintain the following insurance coverage during the life of the Contract with an insurance company acceptable to the City of Charlotte, authorized to do business in the State of North Carolina:
(A) Automobile Liability: Bodily injury and property damage liability covering all owned, non-owned, and hired autom obiles 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 each occurrence/aggregate. (B) Commercial General Liability: Bodily injury and property damage liability as shall protect the successful Company and any subcontractor performing work under the Contract from claims of bodily injury or property damage which arise from performance of the Contract, whether such work is 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, services, completed operations, personal injury liability and contractual liability assumed under the indemnity provision of the Contract. (C) Workers’ Compensation: Meeting the statutory requirements of the State of North Carolina and Employers Liability - $100,000 per accident limit, $500,000 disease per policy limit, $100,000 disease each employee limit, providing coverage for employees and owners.
The City shall be named as additional insured under the commercial general liability insurance for operations or services rendered under this Contract. 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 Consultant’s operations under this agreement.
The Company and each of its subcontractors shall and does waive all rights of subrogation against the City and each of the Indemnitees, as defined in Section 5.1.
The Company shall not commence any work in connection with the Contract until it has obtained all of the types of insurance set forth in this Form, and such insurance has been approved by the City. The Company shall not allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and approved.
All insurance policies shall be with insurers qualified and doing business in North Carolina recognized by the Secretary of State and the Insurance Commissioner’s Office. The Company shall furnish the City with proof of insurance coverage by certificates of insurance accompanying the Contract.
Certificates of all required insurance shall contain the provision that the City will be given (30) days written notice of any intent to amend or terminate by either the insured or the insuring company. All insurance certificates must include the City of Charlotte’s contract number in the description field.
The City shall be exempt from, and in no way lia ble for any sums of money that 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.
Exhibit A
Sample City Contract
35. 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 Non -Discrimination 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 subcont ractors, 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 t he Company from participating in City contracts or other sanctions.
As a condition of entering into this Contract, the Company agrees to: (a) 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 (b) 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 ti me. 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.
36. COMPANY WILL NOT SELL OR DISCLOSE DATA. The Company will treat as confidential information all data provided by the City in connection with this agreement.
City data processed by the Company shall remain the exclusive property o f 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 that contemplated by this agreement.
37. WORK ON CITY’S PREMISES . The Company will ensure that its employees and agents shall, whenever on the City’s premises, obey all instructions and directions issued by the City’s project manager with respect to work on the City’s premises. The Company agrees that its personnel and the personnel of its subcontractors will comply with all rules, regulations and security procedures of the City when on the city’s premises.
38. BACKGROUND CHECKS: The Company agrees that it has conducted or will conduct background checks on all personnel who will be working at the Charlotte service facility or delivering Products or Services under the Contract. The Company will conduct such Exhibit A
Sample City Contract
background checks prior to the personnel commencing work hereunder, whether as part of the Company’s standard pre-employment screening practices or otherwise. The Company will complete a background check on an annual basis for each person working at the Charlotte facility. Background check will include at a minimum:
a. Criminal records search,
b. Identification verification; and
c. Proof of authorization to work in the United States.
The Company agrees if any personnel does not meet the background qualifications, he/she shall not be assigned to perform services under this Contract. The Company will notify the City immediately if a background check reveals any conviction(s). If th ere is any question as to whether any personnel meets the background qualifications, prior to assignment of any Services under this Contract, the Company shall contact the City immediately.
39. DRUG-FREE WORKPLACE . The City is a drug- free workplace employer. The Company hereby certifies that it has or it will within thirty (30) days after execution of this Contract:
39.1 Notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of controlled substance is prohibited in the workplace and specifying actions that will be taken for violations of such prohibition;
39.2 Establish a drug -free awareness program to inform employees about (i) the dangers of drug abuse in the workplace, (ii) the Company’s policy of maintaining a drug- free workplace, (iii) any available drug counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for drug abuse violations;
39.3 Notify each employee that as a condition of employment, the employee will (i) abide by the terms of the prohibition outlines in (a) above, and (ii) notify the Company of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction;
39.4 Impose a sanction on, or requiring the satisfactory participation in a drug counseling, rehabilitation or abuse program by an employee convicted of a drug crime;
39.5 Make a good faith effort to continue to maintain a drug -free workplace for employees; and
39.6 Require any party to which it subcontracts any portion of the work under the contract to comply with the provisions of this Section.
A false certification or the failure to comply with the above drug-free workplace requirements during the performance of this Contract shall be ground for suspension, termination or debarment.
40. 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 te lefax 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.
Exhibit A
Sample City Contract
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:
For The Company: For The City:
Karen Ewing
Procurement Management Division
600 East Fourth Street
Charlotte, NC 28202
Phone: 704-336-2992
Fax: 704-632-8254
E-mail: [email protected]
With Copy To: With Copy To:
Cindy White
Senior Assistant City Attorney
600 East Fourth Street
Charlotte, NC 28202
Phone: 704-336-3012
Fax: 704-336-8854
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.
41. SUBCONTRACTING: The Company shall not subcontract any of its obligations under this Contract without the City’s prior written consent. In the event the City does consent in writing to a subcontracting arrangement, Company shall be the prime contractor and shall remain fully responsible for performance of all obligations which it is required to perform under this Contract. Any subcontract entered into by Company shall name the City as a third party beneficiary.
42 FORCE MAJEURE : Neither party shall be liable for any failure or delay in the performance of its obligations pursuant to the Contract, and such failure or delay shall not be deemed a default of the Contract or grounds for termination hereunder if all of the following conditions are satisfied:
If such failure or delay:
A. could not have been prevented by reasonable precaution; B. cannot reasonably be circumvented by the non- performing party through the use of alternate sources, work-around plans, or other means; and C. 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.
An event that satisfies all of the conditions set forth above shall be referred to as a “Force Majeure Event.” Upon the occurrence of a Force Majeure Event, the affected party shall be excused from any further performance of those of its obligations which are affe cted by the Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the affected party continues to use reasonable efforts to recommence performance whenever and to whatever extent possible without delay.
Exhibit A
Sample City Contract
Upon the occurrence of a Force Majeure Event, the affected party shall promptly notify the other by telephone (to be confirmed by written notice within five (5) 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 fifteen (15) days, the City shall have the right to terminate the Contract by written notice to the Company.
Notwithstanding anything contained herein to the contrary, strikes, slow -downs, walkouts, lockouts, and industrial disputes of the Company or its subcontractors shall not constitute “Force Majeure Events” and are not excused under this provision. Nothing i n the preceding Force Majeure provisions shall relieve the successful Company of any obligation it may have regarding disaster recovery, whether under the Contract or at law. 43 CONFIDENTIALITY.
43.1 DEFINITIONS. As used in this Contract, The term “Confidential Information” shall mean any information, in any medium, whether written, oral or electronic, not generally known in the relevant trade or industry that is obtained from the City or any of its suppliers, contractors or licensors which falls within any of t he following general categories:
43.1.1 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 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.
43.1.2 Information of the City or its suppliers, contractors or licensors marked “Confidential” or “Proprietary.”
43.1.3 Information relating to criminal investigations conducted by the City, and records of criminal intelligence information compiled by the City.
43.1.4 Information contained in the City’s personnel files, as defined by N.C. Gen. Stat. 160A-168. This consists of all information gathered by the City about employees, except for that information which is a matter of public record under North Carolina law.
43.1.5 Citizen or employee social security numbers collected by the City.
43.1.6 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.
43.1.7 Local tax records of the City that contains information about a taxpayer’s income or receipts.
43.1.8 Any attorney / client privileged information disclosed by either party.
43.1.9 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.
Exhibit A
Sample City Contract
43.1.10 The na me or address of individual home owners who, based on their income, have received a rehabilitation grant to repair their home.
43.1.11 Building plans of city -owned buildings or structures, as well as any detailed security plans.
43.1.12 Billing information of customers compiled and maintained in connection with the City providing utility services
43.1.13 Other information that is exempt from disclosure under the North Carolina public records laws.
Categories 43.1.3 through 43.1.13 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: (a) all provisions in this Contract applicable to Confidenti al Information shall apply to Highly Restricted Information; and (b) 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 year prior to the date of this Contract.
43.2 RESTRICTIONS. Company shall keep the Confidential Information in the strictest confidence, in the manner set forth below:
43.2.1 Company shall not copy, modify, enhance, compile or assemble (or reverse compile or disassemble), or reverse engineer Confidentia l Information, except as authorized by the City in writing.
43.2.2 Company shall not, directly or indirectly, disclose, divulge, reveal, report or transfer Confidential Information to any third party, other than an agent, subcontractor or vendor of the City or Company having a need to know such Confidential Information for purpose of performing work contemplated by written agreements between the City and the Company, and who has executed a confidentiality agreement incorporating substantially the form of this the Contract. Company shall not directly or indirectly, disclose, divulge, reveal, report or transfer Highly Restricted to any third party without the City’s prior written consent.
43.2.3 Company shall not use any Confidential Information 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.
43.2.4 Company shall not remove a ny proprietary legends or notices, including copyright notices, appearing on or in the Confidential Information.
43.2.5 Company shall use reasonable efforts (including but not limited to seeking injunctive relief where reasonably necessary) to prohibit its employ ees, vendors, agents and subcontractors from using or disclosing the Confidential Information in a manner not permitted by this Contract.
43.2.6 In the event that any demand is made in litigation, arbitration or any other proceeding for disclosure of Confidential Information, Company shall Exhibit A
Sample City Contract
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.
43.2.7 All materials which constitute, reveal or derive from Confidential Information shall be kept confidential to the extent disclosure of such materials wo uld 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.
43.2.8 Company shall restrict employee access to the Confidenti al Information to those employees having a need to know for purposes of their jobs.
43.2.9 Company shall take reasonable measures to prevent the use or disclosure of Confidential Information by its employees in a manner not permitted by this Contract. The Company shall have each of its employees who will have access to the Confidential Information sign a confidentiality agreement which provides the City and its vendors, licensors, subcontractors, employees and taxpayers the same level of protection as provided by this Contract.
43.3 EXCEPTIONS. The City agrees that Company shall have no obligation with respect to any Confidential Information that the Company can establish:
43.3.1 Was already known to Company prior to being disclosed by the City;
43.3.2 Was or becomes publicly known through no wrongful act of Company;
43.3.3 Was rightfully obtained by Company from a third party without similar restriction and without breach hereof;
43.3.4 Was used or disclosed by Company with the prior written authorization of the City;
43.3.5 Was disclosed pursuant to the requirement or request of a governmental agency, which disclosure cannot be made in confidence, provided that, in such instance, Company shall first give to the City notice of such requirement or request;
43.3.6 Was disclosed pursuant to the order of a cour t of competent jurisdiction or a lawfully issued subpoena, provided that the Company shall take reasonable steps to obtain an agreement or protective order providing that this Contract will be applicable to all disclosures under the court order or subpoena.
44. MISCELLANEOUS
44.1 ENTIRE AGREEMENT. This Contract, including all Exhibits and Attachments constitute the entire agreement between the parties with respect to the subject matter herein. 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.
Notwithstanding the forgoing, the parties agree that the ITB and the Bid are relevant in resolving any ambiguities that may exist with respect to the language of this Contract
44.2 AMENDMENT. No amendment or change to this Contract shall be valid unless in writing and signed by the party against whom enforcement is sought. Amendments that involve or increase in the amounts payable by the City may require execution by a Department Director, the City Manager, or an Assistant City Manager; Exhibit A
Sample City Contract
depending on the amount. Some increases may also require approval by City Council.
44.3 GOVERNING LAW AND JURISDICTION. North Carolina law shall govern the interpretation and enforcement of this Contract, and any other matters relating to this Contract (all without regard to North Carolina conflicts of law principles). All legal actions or other proceedings relating t o this Contract shall be brought in a state or federal court sitting in Mecklenburg County, North Carolina. By execution of this Contract, the parties submit to the jurisdiction of such 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.
44.4 BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties and their successors and permitted assigns. Neither party may assign this Contract without the prior written consent of the other. Any assignment attempted without the written consent of the other party shall be void. For purposes of this Section, a Change in Control, as defined in Section 42.8 constitutes an assignment.
44.5 SEVERABILITY. The invalidity of one or more of the phrases, sentences, clauses or sections contained in this Contract or the Exhibits shall not affect the validity of the remaining portion of this Contract or Exhibits so long as the material purposes of this Contract can be determined and effectuated. If any provision of this Contract or Exhibit 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 Cont ract shall be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent.
44.6 NO PUBLICITY. No advertising, sales promotion or other materials of the Company or its agents or representations may ident ify or reference this Contract or the City in any manner without the prior written consent of the City.
Notwithstanding the forgoing, the parties agree that the Company may list the City as a reference in responses to requests for proposals, and may ident ify the City as a customer in presentations to potential customers.
44.7 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 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.
44.8 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 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 fifty -one 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.
Exhibit A
Sample City Contract
44.9 NO BR IBERY. The Company certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the forgoing has bribed or attempted to bribe an officer or employee of the City in connection with this Contract.
44.10 FAMILIARITY AND COMPLIANC E 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 wit h Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to the work.
44.11 TAXES. The Company shall pay all applicable federal, state and local taxes which may be chargeable against the Products and/or Services.
44.12 SURVIVAL OF PROVISIONS: Those Sections of the Contract and the Exhibits, which by their nature would reasonably be expected to continue after the termination of the Contract shall survive the termination of the Contract, including but not limited to the following:
Section 3 “Term”
Section 4.3 “Employment Taxes and Employee Benefits”
Section 13 “General Warranties”
Section 14 “Additional Representations and Warranties”
Section 22 “Guarantee”
Section 28 “Other Remedies”
Section 29 “Termination”
Section 33 “Insurance”
Section 34 “Indemnification”
Section 40 “Notices”
Section 43 “Confidentiality”
Section 44 “Miscellaneous”
44.13 NON-APPROPRIATION OF FUNDS. If City Council does not appropriate the funding needed by the City to make payments under this Contract for a 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 non- appropriation and this Contract will be termi nated at the end of the last fiscal year for which 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.
44.14 NC REQUIRED TERMS. The following terms are incorporated into this Contract for compliance with state law:
Exhibit A
Sample City Contract
44.14.1 E-VERIFY. 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.
44.14.2 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 apa rt 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.
44.15 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. Notwithstan ding 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 f aith 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]
Exhibit A
Sample City Contract
IN WITNESS WHEREOF , and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this Contract to be executed on the date first written above.
COMPANY:
BY: ________________________________
PRINT NAME: __________________________
TITLE: ________________________________
DATE: ________________________________
CITY OF CHARLOTTE: CITY OF CHARLOTTE:
CITY MANAGER’S OFFICE RISK MANAGEMENT DIVISION
BY: ________________________________ BY: ________________________________
PRINT NAME: _________________________ PRINT NAME: ______________________
TITLE: _______________________________ TITLE:_____________________________
DATE: _______________________________ DATE:_____________________________
Category
Number Category
Discount (% from
published/book rate)
Verifiable
Published Price
List ID Comments
1 Accessories
2 Aerial Equipment
3 Air Moving Equipment
4 Earth Moving Equipment
5 Compaction Equipment
6 Compressors
7 Concrete and Masonry Equipment
8 Cooling and Heating Equipment
9 Cranes
10 Demolition Equipment
11 Drill Equipment and Tools
12 Electrical Equipment
13 Forklifts and Accessories
14 Refuse Trucks
15 Generators
16 Landscaping
17 Lighting Equipment
18 Painting Equipment
19 Pumps and Accessories
20 Saws and Accessories
21 Shop Equipment
22 Trenching Equipment
23 Vehicles and Trailers
24 Washing Equipment
25 Welding Equipment
26 Miscellaneous
PROPOSERS SHOULD INPUT A DISCOUNT RATE FOR EACH CATEGORY THEY PROVIDE BELOW. ADDITIONAL CATEGORIES MAY BE ADDED AS NEEDED.
RFP #269-2018-047 - HEAVY DUTY RENTAL AND RELATED PRODUCTS AND SERVICES Potential Additional
Charges Comments
Delivery Fee
Fuel
Training
Loss of Use
Cleaning
Set Up Fee
Mileage Charges
Other
Over Meter/Allotted Hours
of Use
Additional Charge for Hours
Over
Daily Rental
Weekly Rental
Monthly Rental
RFP #269-2018-047 - HEAVY DUTY RENTAL AND RELATED PRODUCTS AND SERVICES
ADDITIONAL CHARGES
PROPOSERS SHOULD IDENTIFY ALL ADDITIONAL CHARGES THAT WILL BE ADDED TO THOSE RATES INDICATED ON DISCOUNT BY PRODUCT CATEGORY. PLEASE USE THE COMMENTS SECTION TO BE AS SPECIFIC AS POSSIBLE ABOUT WHERE ADDITIONAL CHARGES WILL APPLY. FOR CHARGES THAT DO NOT APPLY TO PROPOSER, PLEASE ENTER "N/A". ADDITIONAL CHARGES MAY BE LISTED IF NECESSARY.
Item
Number Make Model Description Daily Rentals Weekly Rentals Montly Rentals Discount
(Percentage
from Discount
by Category)
Price for Daily
Rental
Price for
Weekly Rental
Price for
Montly Rental
Make/Model of
Quoted Equipment
(if different)
Description of
Quoted
Equipment (if
different)
1 MAGNUM MLT3060 LIGHT TOWER HORIZ MAST MAN NARROW BODY 738 597 838 2 GENIE GS-1930 SCISSOR LIFT 19FT NARROW ELEC 229 308 829 3 MAGNUM MLT6SK LIGHT TOWER VERT MAST MAN NARROW BODY 469 253 242 4 TOYOTA 8FGU25 WAREHOUSE FORKLIFT 5000LB PNEU DF 112 94 612 5 FORD F150 TRUCK PICKUP 4WD SUP GAS 1/2 T 17 43 559
6 WACKER LTN6KVS LIGHT TOWER VERT MAST ELEC NARROW BODY 283 164 158 7 GENIE GS-2632 SCISSOR LIFT 26FT 32" WIDE ELEC 106 140 277 8 FORD F550 TRUCK DUMP DSL 3-4 YD 25 30 445
9 ATLASCOPCO XAS185JD COMPRESSOR TOWABLE 175-195 CFM DSL 74 55 346 10 DEERE 85D MINI-EXCAVATOR 14000-19000 LBS DSL CAB 47 104 240 11 BOBCAT E35I MINI-EXCAVATOR 7000-8999 LBS DSL ROPS 91 95 194 12 FORD F450 TRUCK STKBD 2WD STD GAS 1-1/2-2 T 12 FT 6 16 339 13 FREIGHTLIN M2-106 TRUCK DUMP DSL 12-14 YD MANUAL 10 37 307 14 BOBCAT T590 COMPACT TRACK LOADER 2000-2399LB ROPS 57 71 150 15 MULTIQUIP DCA25SSIU4F 20KW GENERATOR DSL 114 77 75
16 JLG 450AJ BOOM ARTICULATED 45FT JIB 4WD DSL 67 81 95 17 WANCO WVTM-B BOARD MESSAGE VERTICAL MID-SIZE MATRIX 39 38 159 18 DEERE 544K WHEEL LOADER 3.0-3.4 YD STD BKT DSL 16 27 190 19 DEERE 310J BACKHOE 70-97HP 4WD CAB EXTENDAHOE DSL 20 25 187 20 FELLING FT-10IT-I-G TRAILER TILT 10000 LB 67 34 130
21 GENIE S-60 BOOM STRAIGHT 60FT 4WD DSL 57 74 99
22 BOBCAT S530 SKIDSTEER LOADER 1751-2099LB ROPS 61 51 115 23 JLG 600AJ BOOM ARTICULATED 60FT JIB 4WD DSL 47 59 114 24 FORD F550 TRUCK STKBD 4WD STD DSL 1-1/2-2 T 12 FT 4 12 202 25 JLG 400S BOOM STRAIGHT 40FT 4WD DSL 70 66 69
26 FORD F150 TRUCK PICKUP 4WD CREW GAS 1/2 T 5 22 177
27 MULTIQUIP DCA70SSIU4F 55KW GENERATOR DSL 75 70 58
28 FORD F750 TRUCK WATER DSL 2000 GAL 14 42 142
29 FORD F550-BT TRUCK BUCKET DSL 38 FT 12 15 260
30 WACKER WP1550AW PLATE COMPACTOR 200LB TO 299LB GAS 52 34 111 31 VOLVO DD25BW ROLLER RIDE-ON SMOOTH 47IN DBL 3 TON DSL 39 32 118 32 KOMATSU PC200LC8 EXCAVATOR 43000-49999 LBS STD REACH 27 64 91 Annual Nationwide Usage Proposed Price/Equipment Details RFP #269-2018-047 - HEAVY DUTY RENTAL AND RELATED PRODUCTS AND SERVICES
NATIONAL MARKET BASKET
THIS MARKET BASKET IS A GENERAL REPRESENTATION OF A CROSS SECTION OF EQUIPMENT RENTED NATIONWIDE. THIS IS NOT A CORE LIST. PRICING SUBMITTED ON THIS SHEET SHOULD MATCH THE DISCOUNTS OFFERED IN THE DISCOUNT BY CATEGORY. DO NOT INCLUDE ANY ADDITIONAL CHARGES IN THESE PRICES.
QUANTITIES ARE ESTIMATES ONLY FOR COMPARISON AND VERIFICATION OF DISCOUNTS PROVIDED AND ARE NOT GUARANTEED 33 JLG 3246ES SCISSOR LIFT 32FT 46" WIDE ELEC 60 58 64
34 FORD F750 TRUCK DUMP DSL 5-6 YD NON CDL 14 34 130
35 GENIE GTH-1056 TELEHANDLER 10000LB 50-56FT LIFT ROPS 45 32 101 36 GENIE GTH5519 TELEHANDLER 5500LB 16-20FT LIFT ROPS 72 29 73 37 BOBCAT E26 MINI-EXCAVATOR 5000-6999 LBS DSL ROPS 58 30 79 38 CHEVY 2500 TRUCK UTLTY 4WD STD-SUP GAS 3/4-1 T 0 1 165 39 GENIE GR-20 MAST LIFT 20FT DRIVABLE BATT 18 20 126
40 MULTIQUIP MTX70HD RAMMER JUMPING JACK 100LB - 199LB GAS 47 44 71 41 SKY-TRAK 6042 TELEHANDLER 6000LB 42-44FT LIFT ROPS 43 38 80 42 KUBOTA RTV-X900W-H CART UTV 2 PASSENGER DSL 37 59 65 43 BOBCAT E50 MINI-EXCAVATOR 9000-11999 LBS DSL ROPS 26 51 81 44 WACKER RD12A-90 ROLLER RIDE-ON SMOOTH 35IN DBL 1 TON GAS 53 43 57 45 CP 24030E BACKHOE BUCKET TRENCH 24IN QC 6 31 106
46 DEERE 135D EXCAVATOR 28000-38000 LBS REDUCED TAIL 16 42 85 47 FORD F750 TRUCK CRANE SINGLE DSL 18 T 28 17 95
48 FORD F750 TRUCK DUMP DSL 5-6 YD 6 12 119
49 DEERE 644K WHEEL LOADER 4.0-4.5 YD STD BKT DSL 5 17 114 50 DEERE 310J BACKHOE 70-97HP 4WD ROPS EXTENDAHOE DSL 20 29 86 RFP #269-2018-047 - HEAVY DUTY RENTAL AND RELATED PRODUCTS AND SERVICES Leasing Options and Pricing Structure
PLEASE PROVIDE YOUR LEASING OPTIONS AND PRICING FOR ALL EQUIPMENT CATEGORIES INCLUDED IN YOUR
RENTAL OFFERINGS
RFP #269-2018-047 - HEAVY DUTY RENTAL AND RELATED PRODUCTS AND SERVICES Leasing Options and Pricing Structure
PLEASE PROVIDE YOUR PURCHASE OPTIONS AND PRICING FOR ALL EQUIPMENT CATEGORIES INCLUDED IN YOUR
RENTAL/LEASING OFFERINGS
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