City Council and Authorities Concurrent
August 30, 2022

(iii) In the event that at such sessions, the Dispute Resolution Group fails to reach a resolution of such dispute, which is acceptable to all parties, then each party, may assert its other rights and remedies as provided under this Agreement, or provided by law;

(iv) Each party shall bear its own costs of mediation, including the cost of the mediator appointed by that party.

21.3 Nothing in this Section is intended to delay either party’s right to suspend, cancel or terminate the Agreement, in accordance with applicable provisions herein.

22. Waiver
No delay or failure to require performance of any provision of this Agreement shall constitute waiver of that provision as to that or any other instance. Any waiver granted by a party must be in writing and shall apply to the specific instance expressly stated.

23. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be in original, but all of which together shall constitute one and the same instrument.

24. Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid, or unenforceable, the same will either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.

25. Force Majeure
Neither party shall be liable nor deemed to be in default for any delay, interruption or failure in performance under this Agreement deemed resulting, directly or indirectly, from Acts of God, civil or military authority, war, accidents, fires explosions, earthquakes, floods, failure of transportation, machinery or supplies, vandalism, riots, civil disturbances, strike or other work interruptions by either party’s employees, or any similar or dissimilar cause beyond the reasonable control of either party. However, both parties shall make good faith efforts to perform under this Agreement in the event of any such circumstances. In the event County determines that County facilities have been entirely or substantially destroyed by any of the above, this Agreement may be terminated by either party upon ten (10) days written notice to the other.

26. County No-Smoking Policy
Contractor and its employees, agents and subcontractors, shall comply with the County’s No Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all County-owned and operated health facilities, (2) within 30 feet surrounding County-owned buildings and leased buildings where the County is the sole occupant, and (3) in all County vehicles.

Agreement between County of Santa Clara and the City of Santa Clara for Mechanical Cardiopulmonary Resuscitation (“CPR”) System

27. Food and Beverage Standards
Except in the event of an emergency or medical necessity, the following nutritional standards shall apply to any foods and/or beverages purchased by Contractor with County funds for County- sponsored meetings or events.

If food is to be provided, healthier food options shall be offered. “Healthier food options” include (1) fruits, vegetables, whole grains, and low fat and low calorie foods; (2) minimally processed foods without added sugar and with low sodium; (3) foods prepared using healthy cooking techniques; and (4) foods with less than 0.5 grams of trans fat per serving. Whenever possible, Contractor shall (1) offer seasonal and local produce; (2) serve fruit instead of sugary, high calorie desserts; (3) attempt to accommodate special, dietary and cultural needs; and (4) post nutritional information and/or a list of ingredients for items served. If meals are to be provided, a vegetarian option shall be provided, and the Contractor should consider providing a vegan option. If pre - packaged snack foods are provided, the items shall contain: (1) no more than 35% of calories from fat, unless the snack food items consist solely of nuts or seeds; (2) no more than 10% of calories from saturated fat; (3) zero trans-fat; (4) no more than 35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables with no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving.

If beverages are to be provided, beverages that meet the County’s nutritional criteria are (1) water with no caloric sweeteners; (2) unsweetened coffee or tea, provided that sugar and sugar substitutes may be provided as condiments; (3) unsweetened, unflavored, reduced fat (either nonfat or 1% low fat) dairy milk; (4) plant-derived milk (e.g., soy milk, rice milk, and almond milk) with no more than 130 calories per 8 ounce serving; (5) 100% fruit or vegetable juice (limited to a maximum of 8 ounces per container); and (6) other low-calorie beverages (including tea and/or diet soda) that do not exceed 40 calories per 8 ounce serving. Sugar -sweetened beverages shall not be provided.

28. Use of Names and Logos
Neither party to this Agreement shall be permitted to use the other’s name, logo or corporate identity for any purpose without prior written consent for the party whose name, logo or corporate identity is to be used. If either party provides such consent, the party using the name, logo or corporate identity agrees to discontinue such use upon thirty (30) days’ prior notice from the consenting party.

29. Assignment of Clayton Act, Cartwright Act Claims
Contractor hereby assigns to the County all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (14 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Contractor for sale to the County pursuant to this Agreement.

30. Survival
All representations and warranties contained in Section 16 of this Agreement and in any instrument, certificate, exhibit, or other writing attached hereto and incorporated herein will survive the termination or expiration of this Agreement. I n addition, Sections 3, 11, 12 and 15 shall survive termination or expiration of this Agreement.

Agreement between County of Santa Clara and the City of Santa Clara for Mechanical Cardiopulmonary Resuscitation (“CPR”) System

31. Contract Execution Policy
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electroni cally signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.

32. Living Wage
Unless otherwise exempted or prohibited by law or County policy, where applicable, Contractors that contract with the County to provide Direct Services developed pursuant to a formal Request for Proposals process, as defined in County of Santa Clara Ordinance Code Division B36 (“Division B36”) and Board Policy section 5.5.5.5 (“Living Wage Policy”), and their subcontractors, where the contract value is $100,000 or more (“Direct Services Contract”), must comply with Division B36 and the Living Wage Policy and compensate their employees in accordance with Division B36 and the Living Wage Policy. Compliance and compensation for purposes of this provision includes, but is not limited to, components relating to fair compensation, earned sick leave, paid jury duty, fair workweek, worker retention, fair chance hiring, targeted hiring, local hiring, protection from retaliation, and labor peace. If Contractor and/or a subcontractor violates this provision, the Board of Supervisors or its designee may, at its sole discretion, take responsive actions including, but not limited to, the following:

(a) Suspend, modify, or terminate the Direct Services Contract. (b) Require the Contractor and/or Subcontractor to comply with an appropriate remediation plan developed by the County.
(c) Waive all or part of Division B36 or the Living Wage Policy.

This provision shall not be construed to limit an employee's rights to bring any legal action for violation of the employee's rights under Division B36 or any other applicable law. Further, this provision does not confer any rights upon any person or entity other than the Board of Supervisors or its designee to bring any action seeking the cancellation or suspension of a County contract. By entering into this contract, Contractor certifies that it is currently complying with Division B36 and the Living Wage Policy with respect to applicable contracts and warrants that it will continue to comply with Division B36 and the Living Wage Policy with respect to applicable contracts.

Agreement between County of Santa Clara and the City of Santa Clara for Mechanical Cardiopulmonary Resuscitation (“CPR”) System

Exhibit A
Scope of Service

I. Project Area
Mechanical Cardiopulmonary Resuscitation (“CPR”) System.

1. Funds may be used to reimburse the Provider for costs associated with the purchase of approved (LUCAS or Zoll Auto Pulse) CPR systems to equip fire apparatus.

1.1 Procure approved mechanical CPR system that will enable the steady flow of oxygen and ensure that chest compression continues without interruption; allow first responders to focus on other life-saving tasks.

1.2 Purchases may consist of approved mechanical CPR system, battery chargers, external power supply, hard shell case, back plates, suction cups, and/or patient straps. Such purchases must be preapproved by the County.

1.3 Provider shall place into service any hardware purchased pursuant to this Agreement by December 31, 2022.

II. Performance Standards

1. The County EMS Agency will verify: 1) devices have been purchased in accordance with the requirements of this Scope of Work; and 2) devices are effectively deployed and in use on fire apparatus by December 31, 2022.

2. Provider will coordinate with the County EMS agency in documenting trends in neurological survival with and without mechanical CPR devices.

3. Document 100% of all mechanical CPR use in patient care through PCR documentation. The County EMS Agency may conduct audit to ensure each use is documented by Provider.

4. Provider will document trends in ROSC with or without mechanical CPR devices use.

5. Provider will comply with requirements in County EMS Protocol 700-A07 and 700-S01.

6. On or before November 1, 2022, Provider shall provide documentation, sufficient to show compliance with the requirements set forth in this Scope of Work. If Provider has not purchased prior to November 1, 2022; Provider must return all allocated funds.

7. The County EMS Agency may conduct an onsite audit to ensure that the equipment was purchased according to the specifications of this Agreement.

III. Budget

Project Area Project Area Name Amount
1 Mechanical Chest
Compression Device
System
$38,810.18
Total: $38,810.18
Agreement between County of Santa Clara and the City of Santa Clara for Mechanical Cardiopulmonary Resuscitation (“CPR”) System

Exhibit B

INSURANCE REQUIREMENTS

FOR STANDARD SERVICE CONTRACTS
BETWEEN $10,001 AND $50,000
Indemnity

The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub- contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest.

Insurance

Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions:

A. Evidence of Coverage

Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request.

This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor.

B. Qualifying Insurers

All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager.

C. Notice of Cancellation

All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent.

Agreement between County of Santa Clara and the City of Santa Clara for Mechanical Cardiopulmonary Resuscitation (“CPR”) System

D. Insurance Required

1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows:

a. Each occurrence - $5 00,000
b. General aggregate - $5 00,000
c. Products/Completed Operations aggregate - $500,000
d. Personal Injury - $5 00,000

2. General liability coverage shall include:

a. Premises and Operations
b. Products/Completed
c. Personal Injury liability
d. Severability of interest

3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County:

Additional Insured Endorsement, which shall read:

“County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds.”

Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy.

Public Entities may also be added to the additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements.

4. Automobile Liability Insurance

For bodily injury (including death) and property damage which provides total limits of not less than one hundred thousand dollars ($100,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles.

4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement)

For bodily injury (including death) and property damage which provides total limits of not less than one hundred thousand dollars ($100,000) combined single limit per occurrence applicable to all owned, non-owned and hired aircraft/watercraft.

Agreement between County of Santa Clara and the City of Santa Clara for Mechanical Cardiopulmonary Resuscitation (“CPR”) System

5. Workers' Compensation and Employer's Liability Insurance

a. Statutory California Workers' Compensation coverage including broad form all- states coverage.

b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence.

E. Special Provisions

The following provisions shall apply to this Agreement:

1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification.

2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractor’s obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self- insurance retentions.

3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies.

4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-972 Agenda Date: 8/30/2022

REPORT TO COUNCIL

SUBJECT
Action on Agreements with Banksia Landscape for Landscaping Maintenance Services, and with Cagwin & Dorward for Tree Maintenance Services, at the Santa Clara Convention Center Complex - Maintenance District No. 183

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The Department of Public Works (DPW) Facilities Services Division (Facilities) oversees maintenance and repairs for approximately 1,100,000 square feet of buildings throughout the City, which includes services at the Santa Clara Convention Center Complex - Maintenance District No. 183 (MD 183). Facilities works with the MD 183 property manager who is responsible for coordinating numerous services at the site including landscaping maintenance, tree trimming, and irrigation repairs.

In 2017, a competitive Request for Proposals (RFP) was conducted and through this process, BrightView Landscape Services, Inc. was selected and awarded a five-year contract that expires on August 31, 2022.

DISCUSSION
Pursuant to City Code Section 2.105.330, a formal RFP was conducted as the solicitation method for this procurement, with the final award recommendation based on “best value.” The RFP was structured so that proposals could be submitted for two packages. Package A is for landscaping maintenance services and Package B is for tree maintenance services. The factors considered in the evaluation for each package were proposal content/structure, experience, service capability, and cost.

The RFP for landscaping and tree maintenance services was published using the City’s e- procurement platform. A total of six proposals were received for Package A and four proposals were received for Package B from the following firms:

Package A

1. Alpine Landscapes

2. Banksia Landscape

3. BrightView Landscape Services

4. Cagwin & Dorward

5. Gothic Landscape

6. New Image Landscape Company
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22-972 Agenda Date: 8/30/2022
Package B

1. Alpine Landscapes

2. BrightView Tree Care Services

3. Cagwin & Dorward

4. West Coast Arborists
Package A: Landscaping Maintenance Services
Proposals were individually evaluated by a three-member evaluation team comprised of representation from DPW, Parks & Recreation Department, and one outside representative from the Convention Center Property Management firm. Banksia Landscape, BrightView Landscape Services, and Cagwin & Dorward were asked to participate in oral interviews to introduce their key personnel and demonstrate how they would meet the City’s requirements.

Staff recommends awarding the agreement to Banksia Landscape (Banksia) for having submitted the best value proposal. They demonstrated superior experience, service capability, and a strong commitment to improving the landscape on the property. For example, part of their service will include an investment to upgrade MD 183 with smart controllers.

Under the proposed agreement (Attachment 1), Banksia will provide landscaping maintenance and repair services for MD 183 which includes items such as mowing, edging, trimming shrubs, weed abatement, blowing, plant removal and replacement as necessary, irrigation repairs, and insect control. The scope also includes call outs for as-needed repairs or remediation which will be paid on a time and material basis. Compensation for scheduled work will be fixed for the initial one-year term and paid monthly in arrears. After the initial term, price adjustments are allowable subject to justification by the contractor and approval by the City. In addition to the initial term, there are four one-year options to extend the term of the agreement for a total of five years, assuming all options are exercised.

Package B: Tree Maintenance Services
Proposals were individually evaluated by the same three-member evaluation team following the same process as described under Package A. All proposers were asked to participate in oral interviews to introduce their key personnel and demonstrate how they would meet the City’s requirements. The City elected to conduct a Best and Final Offer (BAFO) to memorialize any final clarifications that were discovered during the evaluation process and provide a final opportunity to revise cost proposals.

Staff recommends awarding the agreement to Cagwin & Dorward for submitting the best value proposal. They demonstrated superior experience, service capability, cost, and provided a well- developed tree care plan for the five-year term of the agreement.

Under the proposed agreement (Attachment 2), Cagwin & Dorward will provide tree maintenance services for MD 183 which includes items such as tree pruning, removals and replanting as necessary, stump grinding, insect treatment, emergency work and updating the tree inventory. The agreement has an initial term of one-year. After the initial term there are four one-year options to extend the term of the agreement for a total of five years, assuming all options are exercised.

Compensation is fixed for the initial one-year term and for the four one-year options.

Prevailing wage requirements are included under both agreements.

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22-972 Agenda Date: 8/30/2022

ENVIRONMENTAL REVIEW
The action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 “Existing Facilities” as the activity consists of the restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment.

FISCAL IMPACT
The amount to be paid to Banksia Landscape for landscaping maintenance services for the initial one -year term shall not exceed $241,894 (including a contingency of $21,990) and the amount to be paid to Cagwin and Dorward for tree maintenance services for the initial one-year term shall not exceed $83,906 (including a contingency for $10,944). These costs are paid for through the Santa Clara Convention Center Complex - Maintenance District No. 183 and have been included in the Convention Center Maintenance District Fund Budget for FY 2022/23 and expenditures will be charged as needs arise.

COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Authorize the City Manager to execute an agreement with Banksia Landscape for landscaping maintenance services at the Santa Clara Convention Center Complex - Maintenance District No. 183 for an initial one-year term, with maximum compensation not-to-exceed $241,894;

2. Authorize the City Manager to execute an agreement with Cagwin & Dorward for tree maintenance services at the Santa Clara Convention Center Complex - Maintenance District No. 183 for an initial one-year term, with maximum compensation not-to-exceed $83,906; and

3. Authorize the City Manager to exercise up to four one-year options to extend the term of both agreements after the initial term, subject to the appropriation of funds.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Agreement with Banksia Landscape

2. Agreement with Cagwin & Dorward
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Agreement with Banksia Landscape, Inc. Page 1
Rev. 07-01-18
EBIX Insurance No. S200004991

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
BANKSIA LANDSCAPE, INC.

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Banksia Landscape, Inc. a California corporation, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”;
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor will consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:

Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
Exhibit E – Notice of Exercise of Option to Extend Agreement Agreement with Banksia Landscape, Inc. Page 2
Rev. 07-01-18
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions will govern and control.

2. TERM OF AGREEMENT
A. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement will begin on September 1, 2022 and terminate on August 31, 2023.

B. After the Initial Term, the City reserves the right, at its sole discretion, to extend the term of this Agreement for up to four (4) additional one-year terms through August 31, 2027 (“Option Periods”), subject to the appropriation of funds. See Exhibit E for Notice of Exercise to Option to Extend Agreement Form.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor will perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.

4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement will be fit for the purpose intended, will be free from defect and will conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.

5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor will perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.

Agreement with Banksia Landscape, Inc. Page 3
Rev. 07-01-18

6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City will pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is Two Hundred Forty-one Thousand Eight Hundred Ninety Four Dollars ($241,894), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services.

All work performed or materials provided in excess of the maximum compensation will be at Contractor’s expense. Contractor will not be entitled to any payment above the maximum compensation under any circumstance.

7. TERMINATION
A. Termination for Convenience. City will have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.

B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.

C. Upon termination, each Party will assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.

8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement will not be assigned or transferred without the prior written approval of City. Contractor will not hire subcontractors without express written permission from City.

Contractor will be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.

9. NO THIRD PARTY BENEFICIARY
This Agreement will not be construed to be an agreement for the benefit of any third party or parties and no third party or parties will have any claim or right of action under this Agreement for any cause whatsoever.

Agreement with Banksia Landscape, Inc. Page 4
Rev. 07-01-18

10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement will be held confidential by Contractor and will not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry will be deemed confidential.

12. OWNERSHIP OF MATERIAL
All material, which will include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement will be the property of City but Contractor may retain and use copies thereof. City will not be limited in any way or at any time in its use of said material. However, Contractor will not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents will have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded will be disallowed by City. Contractor will bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

Contractor will submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees Agreement with Banksia Landscape, Inc. Page 5
Rev. 07-01-18
to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement – including claims of any kind by Contractor’s employees or persons contracting with Contractor to perform any portion of the Scope of Services – and will expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify will not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

B. Contractor’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, will specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor’s responsibilities under the Act.

15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor will provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.

16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement will not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement Agreement with Banksia Landscape, Inc. Page 6
Rev. 07-01-18
will be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

17. NOTICES
All notices to the Parties will, unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara
Attention: Department of Public Works (Facilities Division) 1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]

And to Contractor addressed as follows:

Banksia Landscape, Inc.

Attention: Kevin Pearson
1055 E. Brokaw Rd., Ste 30-348,
San Jose, CA 95131
and by e-mail at [email protected]
The workday the e-mail was sent will control the date notice was deemed given.

An e-mail transmitted after 1:00 p.m. on a Friday will be deemed to have been transmitted on the following business day.

18. COMPLIANCE WITH LAWS
Contractor will comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299
).

19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Agreement with Banksia Landscape, Inc. Page 7
Rev. 07-01-18
following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

20. FAIR EMPLOYMENT
Contractor will not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

21. NO USE OF CITY NAME OR EMBLEM
Contractor will not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.

22. GOVERNING LAW AND VENUE
This Agreement will be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party will be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.

23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement will, for any reason, be held invalid, illegal or unenforceable in any respect, it will not affect the validity of the other provisions, which will remain in full force and effect.

24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.

25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which will be deemed to be an original, but both of which will constitute one and the same instrument.

Agreement with Banksia Landscape, Inc. Page 8
Rev. 07-01-18
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

Office of the City Attorney
City of Santa Clara

Rajeev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”

BANKSIA LANDSCAPE, INC.
a California corporation

Dated:

By (Signature):

Name: Kevin Pearson
Title: President
Principal Place of
Business Address:
1055 E. Brokaw Rd., Ste 30-348,
San Jose, CA 95131
Email Address: [email protected]
Telephone: (408) 617-5252
Fax: N/A
“CONTRACTOR”

Agreement with Banksia Landscape/Exhibit A-Scope of Services Page 1 Rev. 07-01-18

EXHIBIT A

SCOPE OF SERVICES
The following Scope of Services defines the services and responsibilities of Contractor and City to provide as-needed environmental inspection, testing and reporting services citywide.

The Scope of Services, including Exhibit A and Contractor’s proposal response provide context, supplemental information, and are incorporated by reference to the extent not inconsistent with the Agreement.

1. General Service Requirements

1.1. Contractor shall provide landscaping services and as-needed repairs at the Santa Clara Convention Center Complex.

1.1.1. The address for the site is 5001, 5101, and 5201 Great America Parkway, Santa Clara, CA 95054. The site includes the Santa Clara Convention Center, TechMart, and the Hyatt Hotel.

1.2. Contractor will furnish all supervision, material, labor, equipment and transportation required to provide landscaping services at the District as specified herein.

1.3. Contractor will, at his or her expense, obtain all necessary permits and licenses, etc. required for performance of this project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety.

1.4. Contractor will be on site five (5) days a week, including holidays (except Thanksgiving and Christmas, New Year’s Day).

1.5. Response Times: Contractor will respond to non-emergency and emergency service requests for times and days not onsite as specified below:

1.5.1. Non-Emergency Response Time: Contractor will respond to non- emergency service requests by the next business day from receipt of request.

1.5.2. Emergency Response Time: Contractor will respond to emergency service requests within two (hours) from receipt of request.

1.6. Mowing equipment assigned to the sites will remain onsite; mowing equipment from offsite is not allowed.

1.7. Contractor will notify the City’s Representative at least one week prior to undertaking the following work:

1.7.1. Broadleaf weed spraying within turf areas.

Agreement with Banksia Landscape/Exhibit A-Scope of Services Page 2 Rev. 07-01-18

1.7.2. Aeration

1.7.3. Fertilization

1.7.4. Dethatching

1.8. Materials: All materials used will either conform to the specifications herein or will otherwise be approved by the City. Contractor will provide monthly record of all agricultural chemicals used to the Santa Clara County Agricultural Commissioner’s Office. Contractor will provide the City a record of the submittal.

1.9. City will provide water for Contractor to provide services.

1.10. Contractor will provide and apply (if applicable) the following:

1.10.1. Fertilizer

1.10.2. Pesticides

1.10.3. Replacement Shrubs and Ground Cover – Replacement plants of a size, condition and variety acceptable to the City’s Representative are to be furnished by the Contractor if he/she has damaged the originals; otherwise the City will furnish these materials or reimburse the Contractor.

1.10.4. Lawn Seed for Reseeding/Sod – A type, matching the variety at the site, will be furnished by the Contractor.

1.11. Storage of Equipment

1.11.1. Contractor will be allowed to store equipment, parts, and material onsite within a City-owned maintenance facility located north of the parking garage structure.

1.11.2. Contractor will be solely responsible for the maintenance of this structure and for any damage to it during its usage.

1.12. Storage Collection and Disposal of Refuse

1.12.1. Contractor will dispose of all refuse collected during services at an approved waste disposal facility and will pay all costs involved. No City facilities, other than specified above, are available for disposal.

1.13. Watering

1.13.1. Plants should not be watered until a moisture check has been made of representative plants in the landscape. Use a probe or other tool to check the moisture in the root ball. A need for water should dictate the frequency of watering by an automatic or manual sprinkler system.

1.13.2. Maintain a large enough water basin around plants so that enough water can be applied to establish moisture through the major root zone. When hand watering, use a water breaker to break the water force.

Agreement with Banksia Landscape/Exhibit A-Scope of Services Page 3 Rev. 07-01-18

1.14. At the City’s request, Contractor will work with the City or City’s representative to review the current landscaping and develop a plan to institute more low water plants.

1.15. Any proposal for low water plants will follow guidelines by the California Native Plant Society and involvement with the California Native Plant Landscaper Certification Program is advisable. https://calscape.org/

2. Services During Drought Restrictions

2.1. When drought restrictions are in place Contractor will work with the City or City’s Representative to develop a plan that ensures water usage is decreased while still maintaining the landscape at an acceptable level.

3. Shrub Care

3.1. Contractor will maintain shrubs in a healthy, growing condition by performing all necessary operations, including the following:

3.1.1. Pruning – Shrubs will not be clipped into balled or boxed forms unless such is required by the design.

3.1.1.1. All pruning cuts will be made to lateral branches, or buds, or to the branch bark ridge. “Stubbing” will not be permitted.

Contractor will deadhead all agapanthus during the flowering season (May-September) weekly to remove all spent flower stalks and seed heads. Stalks will be cut off cleanly at the base of the plant. Any brown foliage will also be removed.

3.1.2. Rose Garden Pruning – Contractor will be responsible to prune all roses according to American Rose Society standards. This includes cutting out the old wood and keeping the new wood while retaining the symmetrical shape of the plant. Cut the remaining new wood back three quarter the length of growth made the previous season, cutting a quarter inch above an eye facing the outside. Weak wood will be removed as well as crossing branches. Moderate pruning of floribunda and grandiflora roses will produce a greater abundance of blooms. Complete pruning and removal of all foliage is to be done during the dormant season (January).

Deadheading of flowers and minor corrective pruning will be done during the growing season (May thru November) . Roses at the Complex area are a combination of floribunda and grandiflora roses (Show Biz, and carpet rose).

3.1.3. Weed Control – Contractor will keep all landscape areas weed free at all times.

3.1.3.1. Weed free will refer to the required condition of all landscaped areas and adjacent hard surfaces within the project area.

Surfaces will be judged to meet the following criteria, if the impression from a distance and at close hand is that the surface Agreement with Banksia Landscape/Exhibit A-Scope of Services Page 4 Rev. 07-01-18
is free of any or all plants which are foreign to the planted area and are therefore out of place and undesirable.

3.1.3.2. Should weed germination occur, Contractor will eradicate pursuant to approved maintenance plan and prior to weeds reaching one week of (top growth) age.

3.1.3.3. Any weed taller than 2” will be hand pulled or mechanically removed to avoid unsightly brown stubble from using herbicides.

3.1.3.4. Contractor will not spray in open areas with Roundup on weeds 2” or less.

3.1.3.5. Contracto r will apply a pre-emergent herbicide (Prodiamine 4L) or approved equal on all planters (excluding annul color planters and beds) at least every three (3) months to control weeds. All herbicide applications are to be done by certified personnel who are trained and possess a Qualified Applicator Certificate (QAC or Qualified Applicators License QAL) with the Department of Agriculture. The applicator must also have in his/her possession at time of spraying a written recommendation from a Certified Pest Control Advisor (PCA). Contractor will use extreme caution when applying herbicides to assure no damage occurs to the site or to adjacent properties. Any damage to desirable plant material will be
replaced at Contractor’s expense. Contractor will spray as needed.

3.1.3.6. Avoid soil cultivation under camellias that destroys willow roots.

Use mulches (small 1¼” fir chips) to help prevent weed seed germination. Mulches are to be applied 1” thick. Caution is to be exercised when applying mulches around roses so as not to bury the crown and cause rotting and dieback.

3.1.4. Insect and Disease Control – Maintain control with approved materials and integrated pest control management methods.

3.1.5. Fertilization – Contractor will fertilize all shrubbery at least three times per year (September, March, and June) with a balanced pelleted fertilizer.

3.1.5.1. All plant material will be well watered two (2) days prior to fertilization to avoid any damage or burn to the plant. Contractor will exercise caution not to allow fertilizer pellets to accumulate onto foliage or sidewalks where damage may occur. All plants are to be immediately watered after fertilizer is spread at the recommended rate evenly around the base of the plant out to its drip line.

3.1.5.2. For established roses, Contractor will fertilize with a balanced granular fertilizer according to the recommended label rate once every six weeks beginning March through September.

Agreement with Banksia Landscape/Exhibit A-Scope of Services Page 5 Rev. 07-01-18

3.1.5.3. Acid Plants (i.e. camellias, azaleas, rhododendrons) – Apply fertilizer after blossoms have been shed in early Spring (March – September) for at least 7 consecutive months each year, using an acid fertilizer 8-4-12 or approved equal at the following rates along with liquid iron:

Shrub Size Rate
2 Feet High or Wide 1/4
Cup
2 to 3 Feet High or
Wide
1/3
Cup
3 to 4 Feet High or
Wide
1/2
Cup
Above 4 Feet 1 Cup

3.1.5.4. Camellias will also receive one (1) cup of cottonseed meal at least every ninety (90) days to maintain plant health.

3.1.6. Plant Removal and Replacement

3.1.6.1. Contractor will notify the City’s Representative of any damaged, destroyed or dead plant material within one working day of its discovery.

3.1.6.2. Plant material will be removed within one working day after the City’s Representative directs action, except for damaged plant material posing a safety hazard, which must be removed
immediately.

3.1.6.3. T he City’s Representative will make a final determination of the probable cause for the plant material loss and assign the cost responsibilities of replacement to the appropriate party. The City’s Representative may elect to remove any plant material and not replace it; Contractor will be directed accordingly.

3.1.6.4. Contra ctor will remove dead and dying plants and replace with plants of a size, condition and variety acceptable to the City to be paid for by the City, unless due to negligence of the Contractor.

The Contractor will gain approval from the City before any planting is done.

3.1.7. General Horticultural Requirements – It is the intent of this specification to provide for normal horticultural maintenance of all plant materials being maintained i.e. dead camellia blossoms will be removed from the plant or ground, dead agapanthus blossoms will be removed by cutting at the base of the plant.

Agreement with Banksia Landscape/Exhibit A-Scope of Services Page 6 Rev. 07-01-18

4. Gr ound Cover Care and General Ground Maintenance Service Requirements

4.1. Weed Control – Control weeds, preferably with pre-emergent herbicides, but also with selective systemic herbicides. Any weed taller than 2”is to be hand pulled or mechanically removed to avoid unsightly brown stubble from using herbicides.

4.2. Fertilization – Apply four (4) lbs. of actual nitrogen per 1,000 square feet per year in two to four applications during the first year of a new planting or if ground cover is nitrogen starved. One application should be in early spring when growth begins. Reduce to three (3) lbs. actual nitrogen vigorous growth and good color.

Complete fertilizers are not necessary unless soil test shows specific nutrient deficiencies.

4.3. Watering – Water enough that moisture penetrates throughout root zone, and only as frequently as necessary to maintain healthy growth.

4.4. Trash Removal – Remove trash daily.

4.5. Edging – Edge ground cover as necessary to keep in bounds and trim to growth as necessary to achieve an overall even appearance. Once every two years mow ivy to 2” above ground level in order to renew growth and improve density and attractiveness. Groundcover is to be kept a minimum of two (2) feet from the base of tree trunks. Any open areas are to be maintained in a weed free condition.

4.6. Pest/Insect Control – Control insects and diseases as necessary, using legally approved materials. Contractor will be required to follow City of Santa Clara’s Integrated Pest Management (IPM) Program Policy.

4.7. Plant Replacements – Replace dead and missing plants after obtaining the City’s or City’s Representative approval to pay for replacements. Contractor will replace plants damaged by Contractor at no cost to the City.

4.8. Rodent/Animal Control – Contractor is responsible for controlling various rodents and animals that may enter the Complex (i.e. gophers, rats, possums, ground squirrels, ducks, etc.) per Department of Agriculture approved methods.

Contractor is responsible to secure all necessary permits.

5. A nnual Color

5.1. The District has approximately 19 large pots that have approximately 6-8 plants in each pot. Contractor will change the plants in the pots twice a year based on the approved color/design scheme approved by the City or City’s Representative.

5.2. Color/design schemes will be cooperatively developed between Contractor and the City or City’s Representative in advance of the planting schedules.

5.3. Annual color areas are located throughout the complex in medians, tree wells, Agreement with Banksia Landscape/Exhibit A-Scope of Services Page 7 Rev. 07-01-18
various color bowls, entrance sign planter beds, and courtyard patios.

Contractor is responsible to be familiar with planting plan and change out frequencies. The average spacing is 6” on center.

5.4. Contractor will be responsible to purchase healthy plant material and properly install and maintain all annuals in a vigorous condition. Plants that are lost due to pest/disease or improper maintenance practices will be replaced by Contractor at no cost to the City.

5.5. Soil Preparation –

5.5.1. At time of flower rotation, all existing annuals are to be removed and all debris raked and discarded. Soil is then cultivated to a depth of 12” and necessary soil amendment added.

5.5.2. All annual planting beds are then to be treated with a soil drench using subdue per the manufacturer’s recommendation prior to planting.

5.5.3. A pre-plant fertilizer (i.e. 16-16-16) is then to be incorporated into the soil.

Annual color plants are then installed per California Nurseryman standards. The average sizes of annual color that are purchased are jumbos and 4” pot material. On rare occasions where material is only available in cell packs, this size maybe used upon approval of the City or City’s Representative.

5.6. Once soil preparation is completed and the plants are installed, all drip irrigation tubes are to be immediately reinstalled to ensure property watering. Overhead watering is to be minimized or avoided to prevent disease outbreaks. When hand watering color bowls, a pressure breaker nozzle is to be used at the hose end to avoid plant/soil damage. Care should be exercised to place the watering wand between the plant materials close to the soil to minimize overhead water onto foliage.

5.7. All annuals will be inspected daily and deadheaded and sprayed, etc. as necessary to maintain health during the flowering season.

5.8. Annual color beds are not to be mulched with bark chips, but rather with nitrified redwood compost.

6. Tur f Care

6.1. Turf will be maintained in a healthy growing condition by furnishing necessary services, including the following:

6.1.1. Mowing and Edging –

6.1.1.1. Turf will be mowed at the minimum height of 2 inches during the year, except for the rainy season when it will be mowed at 1.5 inches.

6.1.1.2. Clippings will be vacuumed off of all walkways or blown with a backpack blower into the street gutter but must be immediately swept or vacuumed up. At no time will Contractor blow debris Agreement with Banksia Landscape/Exhibit A-Scope of Services Page 8 Rev. 07-01-18
into the City streets or storm drain catch basins. Clippings from mowing will be caught unless otherwise approved.

6.1.1.3. Mowing will be done at a minimum once weekly. During the months of March thru September contractor will notify the City’s Property Manager if additional moving is needed. Contractor will be required to have mowers sharp at all times in order to assure a clean cut.

6.1.1.4. Edging will be done weekly year round. Sprinkler heads must be trimmed around by hand weekly to provide good water coverage and avoid any obstructions. This may also be achieved by proper use of a gas powered string trimmer. Scalping of the turf around sprinkler heads and valve boxes etc. will not be tolerated.

Contact weed spray around sprinkler heads will not be allowed.

6.1.2. Dethatching – Contractor will be responsible to measure the turf thatch layer thickness in late August. If the thatch layer is ¾” or more in thickness, dethatching will be required (September) to improve water penetration and improve turf health. A gas powered dethatcher (i.e. self- propelled Ryan model or equivalent) will be used and all debris is to be raked and removed. If necessary, over-seeding may be required following dethatching as well as aerification.

6.1.3. Watering – Lawns will be watered at such frequency as weather conditions require to replenish soil moisture below root zone. Watering will be done at night if the irrigation system is electrically controlled, otherwise apply water early in the morning. Normally a total of 1.5inches of water is needed weekly in hot weather, but not all at one time. Water run-off across pavements and into gutter will be avoided whenever possible.

6.1.4. Aerification – All turf areas will be aerified as needed but at least once per month during the months of March, June, September and December.

6.1.4.1. Aerifier core depth will be a minimum of 2.5” deep. A fertilizer application will be applied one week later following each aerification process. In addition to this, during the September and March aerification, an application of pelleted gypsum is to be applied (along with the application of fertilizer) at a rate of 16 lbs. per 1,000 sq. ft.

6.1.5. Fertilization –

6.1.5.1. All turf will be fertilized every six (6) to eight (8) weeks during the growing season (March through October).

6.1.5.2. Fertilizer will be sulfur coated hydorprill 21-7-14, or approved equal, and will be applied at a rate of 5 lbs. material per 1,000sq. ft. Then in November, a time release fertilizer will be applied (i.e Sierra Chemical’s controlled release fertilizer 21-8-8).

Agreement with Banksia Landscape/Exhibit A-Scope of Services Page 9 Rev. 07-01-18

6.1.5.3. If improvement of turf color and health is necessary during winter, an application of an appropriate fertilizer will be applied as necessary.

6.1.6. Weed Control

6.1.6.1. Broadleaf Weed Control within Turf Areas
• A minimum of two spray applications is required per year during the months of April and August.
• Application s will be repeated in order to achieve 100% weed free condition.
• Formula tion of herbicide must be approved by the City’s Representative in advance of any application.
• Contr actor will receive prior scheduling approval for applying any broadleaf herbicide from the Santa Clara Convention Center Complex Assessment District.
• C ontractor must supply to the City’s Representative all necessary MSDS sheets along with a notice of intent to spray.

6.1.6.2. General Weed Control
• Approv ed pr e-emergent weed control will be applied in February and in September each year for control of crab grass and annual blue grass, or by the manufacturer’s recommendation.
• Con trol against Bermuda grass infestation is to be carried out as necessary.

6.1.6.3. Damage Prevention – Contractor will use caution when applying broadleaf spray, as well as all pesticides, to assure no damage to site (especially annual color) or adjacent property owners’ plant material.

7. I rrigation System Service Requirements

7.1. Any damages to the system caused by Contractor’s operations will be repaired at no cost to the City. Repairs will be made within one watering period.

7.2. Accidental damages, not resulting from Contractor’s negligence of operations, will be reported promptly to the City or City’s Representative with an estimate of the cost to repair. This applies also to changes and additions needed.

7.3. Faulty electrical controllers will be reported to City or City’s Representative and upon approval repairs will be made at City’s expense, or City will arrange for repair.

7.4. Contractor will be responsible at his/her cost for all sprinkler repairs, including risers and damaged waterlines, caused by Contractor negligence.

Agreement with Banksia Landscape/Exhibit A-Scope of Services Page 10 Rev. 07-01-18

7.5. Contractor will inspect sprinklers daily for broken heads, pipes, valves or malfunctioning clocks.

7.6. In late winter each year, Contractor will check all systems for proper operation.

7.6.1. Lateral lines will be flushed out after removing the last sprinkler head or two at each end of the lateral.

7.6.2. All heads are to be adjusted as necessary for unimpeded coverage.

7.6.3. The irrigation systems will be adjusted throughout the year to provide proper coverage.

7.6.4. Any damage to plant and turf material due to improper coverage will be replaced by Contractor at no cost to the City.

7.6.5. Set and program automatic controllers for seasonal water requirements.

7.6.6. Contractor will perform a master water audit on all landscape areas and develop a water budget for each controller. The report will be submitted to the City’s Representative for approval within three (3) months of notice to proceed. The format will be in cubic feet for each month of the year.

The City, while desiring that quality is maintained at the highest possible standards, also recognizes that water consumption should be held to the lowest reasonable level consistent with the health of the plant material.

Irrigation levels should be consistent with the climatic region in the District project areas, the plant material and the irrigation equipment. Contractor will be
required to regularly report on compliance to this requirement.

7.6.7. Contractor will regularly inspect all drip irrigation to ensure no clogs are apparent and tubes are properly spaced for thorough coverage.

8. Sidewall and Patio Cleaning Maintenance Service Requirements

8.1. Contractor will remove clippings and other refuse from sidewalk and pedestrian areas throughout the Convention Center Complex (i.e. includes all concrete and granite walkways, exposed aggregate patio behind hotel and cobblestone surfaces around all fountains) using approved mechanical methods. Removal of refuse from tree wells will be included.

8.2. Contractor must coordinate the work in this section with the City’s sweeping and janitorial contractors to avoid any conflicts.

8.3. Sidewalk and patio cleaning will be performed as needed on a daily basis. The City’s Representative reserves the right to add areas, delete areas, adjust frequencies, and adjust schedules.

8.4. Mechanical methods used to perform sidewalk cleaning include blowing and vacuuming in conjunction with miscellaneous hand tools such as brooms, rakes, shovels, etc. Blowing is the preferred method, however Contractor is responsible for ensuring that all work is performed in full compliance with city, Agreement with Banksia Landscape/Exhibit A-Scope of Services Page 11 Rev. 07-01-18
county, state and federal noise ordinances, permits and environmental clearances. Contractor will be responsible for minimizing noise or other environmental impacts upon the public resulting from the sidewalk cleaning operation.

8.4.1. No blowing will be allowed around the hotel prior to 8:00 a.m. and blowing will be completed prior to 5:00 pm.

8.4.2. Contractor will be responsible for development of alternative cleaning methods and schedules where noise or other environmental impacts upon the public are determined by the City’s Representative to be unacceptable. Alternate methods could include utilizing vacuum type equipment or hand methods. No adjustment to unit price for this work will be permitted if alternative methods are permitted or required.

8.5. Equipment

8.5.1. Equipment not suitable to produce the quality of work specified herein, as determined by the City’s Representative, will not be permitted to operate.

All equipment will be subject to the City’s Representative’s approval prior to use.

8.5.2. Equipment used to perform work in Section 8 will include environmentally acceptable backpack blowers, hand tools (i.e. brooms, scoops, shovels, hoses, etc.) and hand power vacuums.

8.5.3. Contractor will utilize the quietest equipment that is reasonably commercially available. Contractor will be responsible for keeping informed of technological advances in sidewalk cleaning equipment and for utilizing the latest equipment to mitigate noise.

8.5.4. Contractor will properly maintain back-up equipment at all times for the contractual work. The back-up equipment will be of the same condition and appearance as specified above for the regularly used equipment.

The cost to maintain the specified equipment will be the sole responsibility of Contractor.

8.6. Schedule of Cleaning

8.6.1. All scheduled sidewalk cleaning will be performed between the hours of 8:00 a.m. to 5:00 p.m., unless directed otherwise by the City’s Representative five days a week including holidays except for Thanksgiving, Christmas, and New Year’s Day, and as acceptable by the City’s Representative.

8.6.2. Sidewalk cleaning will be performed year-round.

9. Ot her Maintenance Requirements

9.1. Keep pavement joints weed free by either spraying or removing by hand.

Agreement with Banksia Landscape/Exhibit A-Scope of Services Page 12 Rev. 07-01-18

9.2. Do not blow debris into City streets. Material may be blown into the street gutter but must be immediately swept or vacuumed up.

9.3. Apply snail bait to all planters as necessary to achieve control.

9.4. Contractor will carry out operations with due regard for public safety. The City’s Representative will direct Contractor to rectify matters affecting public safety as required, and directions of this nature are to be treated with the highest priority.

9.5. Contractor will be responsible for maintaining all applicable traffic sign visibility standards with regard to groundcover and shrubs. Contractor will remove foliage as necessary to provide for these standards.

9.6. Contractor will remove all debris created during field operations progressively over the workday. Under no circumstances will Contractor leave any debris overnight.

9.7. Contractor is responsible for the removal of storm or weather related debris.

10. Repair and Renovation Work

10.1. In addition to the preceding tasks, the City’s Representative may request work to be done that is not part of the scheduled scope of work. An example of supplemental work follows:

10.1.1. Turf Renovation – Removal of old sod, soil preparation and installation of new sod. This may also include removing sod and replacing with California Native Plants (https://calscape.org/).

10.1.2. Irrigation Installation – Valves, quick couplers, sprinkler heads and complete installations.

10.1.3. Plant Material Installation – 1 and 5 gallon shrubs and ground cover.

10.2. Prior to performing any repair and renovation work, Contractor will prepare and submit a written description of the work with an estimate of labor, materials, tools, equipment, and time to complete. The only exception will be when a condition exists wherein there is imminent danger of injury to the public or damage to property, in which case verbal estimate and authorization may be used. Within twenty-four (24) hours after verbal authorization, Contractor will prepare a written estimate for the City’s or City Representative’s approval.

10.3. When the City’s Representative and Contractor determine that the repair and renovation work cannot be performed by the Contractor, the Contractor may be directed to find a subcontractor that meets the City’s approval.

11. Work Force Requirements
Agreement with Banksia Landscape/Exhibit A-Scope of Services Page 13 Rev. 07-01-18

11.1. Contractor will assign a Site Superintendent who is experienced in landscape maintenance and preferably has an education in ornamental horticulture.

11.1.1. The Site Superintendent as required will attend one (1) Convention Center Complex Assessment District meeting (one to one and one-half hours in length) each month.

11.1.2. Contractor will be responsible to have adequately maintained backup equipment and relief workforce. Any personnel staffing level changes will require justification as to how the level of service will be maintained and written approval of the City’s Representative must be obtained.

11.1.3. Contractor’s staff providing services on weekdays (Monday – Friday) must include one (1) supervisory level employee typically classified by title as follows:

11.1.3.1. Supervisory Level
• Site Superintendent
• Field Representative/Foreman
• Pest Management Coordinator/Grounds Maintenance
Worker III

11.1.3.2. Gr ounds Maintenance Worker Level
• Irrigation Specialist/Grounds Maintenance Worker II • Grounds Maintenance Worker I

11.1.4. Site Superintendent will coordinate with the City’s Representative regarding special projects and weekly status reports, etc.

11.2. Contractor’s personnel providing work under the contract will project a positive public image. Contractor’s employees are to be personably presentable at all times. All personnel will be courteous and responsive to the general public.

11.3. Contractor will provide City Representative a list of all employees (names and titles) who work on the site which includes work schedules. Contractor will at all times ensure the City Representative have a current employee list.

11.4. Contractor will designate employees that are assigned to the site fulltime.

11.5. Contractor will be responsible for training and educating employees assigned for the work for the City at Contractor’s expense. All employees assigned to the City contract will be thoroughly familiar with the methods, equipment, schedules, and quality of work required.

11.6. Contractor’s employees will be required to comply with the following requirements:

11.6.1. Observe and report deficiencies to onsite Supervisor.

Agreement with Banksia Landscape/Exhibit A-Scope of Services Page 14 Rev. 07-01-18

11.6.2. Communicate effectively with the public. Contractor will make every effort to hire bilingual (English/Spanish) personnel for the work under the contract.

11.6.3. Understand written and oral instructions, schedules, and procedures.

11.6.4. Contractor will remove any employee from work under the contract at the request of the City’s Representative.

11.6.5. Contractor’s personnel will wear a company uniform with Contractor’s name and insignia at all times while performing work under the contract within the boundaries of the Complex. Uniforms will consist of shirts, pants, jackets, and rainwear, in summer and winter versions. Uniform will be approved by the City’s Representative. Contractor will procure uniforms at Contractor’s sole expense.

11.6.6. All employees must attend Contractor’s training program to educate employees on the Complex facilities, unique features, public relations etiquette, complaint procedures, care and use of uniforms, etc.

Employees who have not received this training will not be permitted to work under this contract.

11.6.7. U.S. citizenship or valid U.S. work permit.

11.6.8. At least eighteen (18) years of age.

11.6.9. Free of felony or major misdemeanor criminal record, and multiple DUI’s.

11.6.10. Valid California driver’s license or valid State of California identification card.

11.6.11. Successfully pass Contractor’s required Drug and Alcohol Pre- employment test and ongoing Drug and Alcohol Abuse Prevention and Testing program. Contractor is to provide a copy of the program to the City.

11.6.12. Pass Contractor’s pre-employment background checks, previous employment check, and reference check, conducted at Contractor’s expense.

11.6.13. Physically able to accomplish various tasks required.

12. Workmanship and Quality Level

12.1. It is the intention of the City that a first-class standard of maintenance be applied in the area covered by this contract. The Contractor’s actions will always be in accordance with this primary concern for quality.

12.2. All work will be performed by experienced personnel directly employed and supervised by Contractor. Contractor will provide management and technical supervision as required to provide work specified herein.

12.3. Contractor will accompany the City’s Representative on an inspection tour Agreement with Banksia Landscape/Exhibit A-Scope of Services Page 15 Rev. 07-01-18
once weekly or more frequently as requested by the City’s Representative at no additional cost to the City.

12.4. Contractor will be responsible for the skills, methods, and actions of Contractor’s employees and for all work done.

12.5. Contractor will perform the work herein provided to the satisfaction of the City’s Representative. The City’s Representative will make inspections on a regular basis to determine the Contractor’s conformity with these specifications and the adequacy of the work being performed. The Contractor will be available for consultation with the City as needed.

12.6. Asset Management:

12.6.1. Contractor will be held accountable for any and all City assets (i.e. maintenance building) which are part of the work being provided.

12.6.2. Upon verification of equipment quantities, the Contractor will maintain City assets in a healthy, operable, and safe condition throughout the life of the contract.

12.6.3. If any City-owned asset is damaged or destroyed by others, the Contractor will report said damage and the causes for it within a maximum of five (5) working days. The City will verify the cause and loss based on the Contractor’s report. If the Contractor is unable to substantiate the cause or neglects to report such occurrences, the cost of replacement will be borne by the Contractor.

12.7. Maintenance Deficiencies:

12.7.1. Contractor will be notified by phone or email when work has not been completed as per specifications herein.

12.7.2. If Contractor has not responded to make required corrections within one business day, the City’s Representative will have the authority to take action to perform the work necessary to bring the facility to a proper condition and the Contractor will be charged for the cost of these services, as follows:

12.7.2.1. The se charges will be deducted from the following monthly bill.

13. Preservation of Property

13.1. Contractor will exercise due care to avoid injury to existing facilities, adjacent property and real or personal property in the performance of work under this contract.

14. Protection of General Public (i.e. barricades and cones)

14.1. Wherever it is necessary, Contractor will be required to keep and maintain at Contractor’s sole cost and expense during the course of operations on this project, such warnings, signs, and barriers as maybe required to protect the Agreement with Banksia Landscape/Exhibit A-Scope of Services Page 16 Rev. 07-01-18
public. The provisions of the preceding sentence will not impose any liability upon the City and are for the express benefit of the general public.

Agreement with Banksia Landscape/Exhibit B-Schedule of Fees Page 1 Rev. 07-01-18

EXHIBIT B

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION
The maximum amount payable for all products and services provided under this Agreement shall not exceed Two Hundred Forty-one Thousand Eight Hundred Ninety Four Dollars ($241,894) during the Initial One-Year Term. No additional services will be performed unless both parties execute an Amendment outlining the services requested and the compensation agreed for such services.

2. RATES
Compensation shall be paid to Contractor for the Initial Term in accordance with the rates listed below:

SECTION A. LANDSCAPE MAINTENANCE SERVICES
Location Annual
Qty UOM Unit Price Extended Price
Maintenance of Landscaped Areas 12 Month $15,994 $ 191,928 Irrigation Maintenance 12 Month $ 623 $ 7,476 Landscape Maintenance Total $ 199,404
SECTION B. SUPPLEMENTAL SERVICES: REPAIR AND RENOVATION WORK Description
Estimated
Annual
Hours
UOM Hourly
Rate Extended Price
Hourly Rate for Supplemental
Services 100 Hourly $ 85 $ 8,500
SECTION C. MISCELLANEOUS PARTS AND MATERIALS EQUIPMENT AT COST PLUS % MARKUP
Description
Estimated
Annual
Spend
%
Markup
Extended Estimated Annual
Spend
Miscellaneous parts and materials
@ Cost Plus % Markup. $10,000 20% $ 12,000
Initial One-Year Term Total $ 219,904
Contingency $ 21,990

INITIAL ONE-YEAR TERM MAXMUM NOT-TO-EXCEED
COMPENSATION $ 241,894

3. INVOICING REQUIREMENTS

3.1. Contractor will invoice the city on a monthly basis for services provided by contractor during the preceding month on an invoice and in a format approved Agreement with Banksia Landscape/Exhibit B-Schedule of Fees Page 2 Rev. 07-01-18
by the city and subject to verification and approval by the city. City will pay contractor within thirty (30) days of city’s receipt of an approved invoice.

3.2. Contractor will submit the invoice(s) via email to the city’s representative.

3.3. The city will incur no obligation for out of scope work that is not authorized in advance in writing. These monthly invoices will provide a breakdown of cost of the work performed and will have an attachment itemizing the work completed.

Invoices will include at a minimum the following:

3.3.1. Date of Service;

3.3.2. Description of Service;

3.3.3. Unit Pricing;

3.3.4. Quantities or hours;

3.3.5. Extended Price and Total; and

3.3.6. Any other pertinent information.

4. PRICING AND OPTION RENEWALS

4.1. All pricing is firm fixed for the Initial One-Year term of this Agreement.

4.2. After the Initial Term, the City reserves the right to extend this Agreement for four (4) one year options pursuant to Section 2.B. of this Agreement, subject to the appropriation of funds.

4.3. Contractor may request adjustments to the compensation rates prior to any one-year option to renew this Agreement after the Initial Term. Contractor will notify the City of any requested changes to the compensation rates for any Option Period at least sixty (60) days prior to the start of the option term.

Contractor must demonstrate to the satisfaction of the City that a price increase is warranted and must be supported by the appropriate price index e.g. PPI, CPI, etc. Price adjustments are subject to the City’s approval.

4.4. City shall provide Contractor prior written notice in the Form of Exhibit E of its intention to exercise its option for the next term prior to the end of the then current term

Agreement with Banksia Landscape/Exhibit C-Insurance Requirements Page 1 Rev. 07-01-18

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor will provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but will in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury

2. Exact structure and layering of the coverage will be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits will be at least as broad as the underlying coverage and will otherwise follow form.

3. The following provisions will apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage will be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There will be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage will apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage will apply to all owned, non-owned and hired autos.

Agreement with Banksia Landscape/Exhibit C-Insurance Requirements Page 2 Rev. 07-01-18
C. WORKERS’ COMPENSATION

1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

2. The indemnification and hold harmless obligations of Contractor included in this Agreement will not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

2. Primary and non-contributing. Each insurance policy provided by Contractor will contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance Indemnities may possess will be considered excess insurance only and will not be called upon to contribute with Contractor’s insurance.

3. Cancellation.
a. Each insurance policy will contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums will be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice will be given at least ten (10) days prior to the effective date of non-renewal.

Agreement with Banksia Landscape/Exhibit C-Insurance Requirements Page 3 Rev. 07-01-18
b. Each insurance policy will contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums will be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice will be given at least thirty (30) days prior to the effective date of non- renewal.

4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.

E. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There will be no recourse against City for payment of premiums or other amounts with respect thereto.

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) will, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage will be maintained with insurers, and under forms of policies, Agreement with Banksia Landscape/Exhibit C-Insurance Requirements Page 4 Rev. 07-01-18
satisfactory to City and as described in this Agreement. Contractor will file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.

G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker will provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage will be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.

Upon City’s request, Contractor will submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement will be emailed to:
[email protected]

Or mailed to:

EBIX Inc.

City of Santa Clara Department of Public Works
P.O. Box 100085 – S2
Duluth, GA 30096

Telephone number: 951-766-2280
Fax number: 770-325-0409
H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor will have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or will be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

Agreement with Banksia Landscape/Exhibit D-Labor Compliance Page 1 Rev. 07-01-18

EXHIBIT D

LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.

I. Prevailing Wage Requirements

1. Contractor will be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which will be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.

Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .

4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio will be paid the full journeyman wages for the classification of work performed.

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” will include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified payroll, Agreement with Banksia Landscape/Exhibit D-Labor Compliance Page 2 Rev. 07-01-18
fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors will be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters will also result in the withholding of progress, retention and/or final payment.

7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor will not be permitted to perform work on the project.

10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

J. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum will be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents will be provided to City for audit at City Hall when it is Agreement with Banksia Landscape/Exhibit D-Labor Compliance Page 3 Rev. 07-01-18
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents will be made available at Contractor’s address indicated for receipt of notices in this Agreement.

K. Enforcement

1. City will withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions will not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.

City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.

These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

Agreement with Banksia Landscape/Exhibit E - Notice of Exercise of Option Page 1 of 1

EXHIBIT E

NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT
AGREEMENT TITLE:

CONTRACTOR:

DATE:

Pursuant
to Section __ of the Agreement referenced above, the City of Santa Clara hereby exercises its option to extend the term under the following provisions:

OPTION NO. # of #
NEW OP

TION TERM
Begin date:

End date:

CHANGES IN RATE OF COMPENSATION
Percentage change in CPI upon which adjustment is based:

Pursuant
to Section ___ of the Agreement the rates of compensation are hereby adjusted as follows:
(use attachment if necessary)
MAXIMUM COMPENSATION for New Option Term:

For the opt
ion term exercised by this Notice, City will pay Contractor an amount not to exceed the amount set forth above for Contractor’s services and reimbursable expenses, if any. The undersigned signing on behalf of the City of Santa Clara hereby certifies that an unexpended appropriation is available for the term exercised by this Notice, and that funds are available as of the date of this signature.

Approved as to Form:

Dated:

Office of the City Attorney
City of Santa Clara
Rajeev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
□
Agreement with Cagwin & Dorward, LLC Page 1
Rev. 07-01-18
EBIX Insurance No. S200004988

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

CAGWIN & DORWARD, LLC

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Cagwin & Dorward, LLC, a California limited liability company, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”;
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor will consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:

Exhibit A – Scope of Services
Exhibit B1 – Compensation
Exhibit B2 – Rates
Exhibit B3 – Five Year Tree Care Plan with Estimated Spend Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
Agreement with Cagwin & Dorward, LLC Page 2
Rev. 07-01-18
Exhibit E – Notice of Exercise of Option to Extend Agreement This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions will govern and control.

2. TERM OF AGREEMENT
A. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement will begin on September 1, 2022 and terminate on August 31, 2023.

B. After the Initial Term, the City reserves the right, at its sole discretion, to extend the term of this Agreement for up to four (4) additional one-year terms through August 31, 2027 (“Option Periods”), subject to the appropriation of funds. See Exhibit E for Notice of Exercise to Option to Extend Agreement Form.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor will perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.

4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement will be fit for the purpose intended, will be free from defect and will conform to the specifications, requirements and instructions upon which this Agreement is based. For a period of one (1) year from Contractor’s completion, agrees to promptly replace materials, except plants unless continuously maintained by Contractor or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.

5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor will perform such Services and duties in conformance to and consistent with the Agreement with Cagwin & Dorward, LLC Page 3
Rev. 07-01-18
professional standards of a specialist in the same discipline in the State of California.

6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City will pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B1 entitled “COMPENSATION” and B2, entitled “RATES.” The maximum compensation of this Agreement is Eighty-Three Thousand Nine Hundred Six Dollars ($83,906), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation will be at Contractor’s expense. Contractor will not be entitled to any payment above the maximum compensation under any circumstance.

7. TERMINATION
A. Termination for Convenience. City will have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.

B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.

C. Upon termination, each Party will assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.

8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement will not be assigned or transferred without the prior written approval of City. Contractor will not hire subcontractors without express written permission from City.

Contractor will be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.

Agreement with Cagwin & Dorward, LLC Page 4
Rev. 07-01-18

9. NO THIRD PARTY BENEFICIARY
This Agreement will not be construed to be an agreement for the benefit of any third party or parties and no third party or parties will have any claim or right of action under this Agreement for any cause whatsoever.

10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement will be held confidential by Contractor and will not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry will be deemed confidential.

12. OWNERSHIP OF MATERIAL
All material, which will include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement will be the property of City but Contractor may retain and use copies thereof. City will not be limited in any way or at any time in its use of said material. However, Contractor will not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents will have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded will be disallowed by City. Contractor will bear the cost Agreement with Cagwin & Dorward, LLC Page 5
Rev. 07-01-18
of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

Contractor will submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement – including claims of any kind by Contractor’s employees or persons contracting with Contractor to perform any portion of the Scope of Services – and will expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify will not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

B. Contractor’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, will specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor’s responsibilities under the Act.

15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor will provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.

Agreement with Cagwin & Dorward, LLC Page 6
Rev. 07-01-18

16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement will not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement will be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

17. NOTICES
All notices to the Parties will, unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara – Department of Public Works Facilities Division Attention: Ken Winland
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]

And to Contractor addressed as follows:

Cagwin & Dorward, LLC
P.O. Box 6004
Petaluma, CA 94955
And by email at [email protected]
The workday the e-mail was sent will control the date notice was deemed given.

An e-mail transmitted after 1:00 p.m. on a Friday will be deemed to have been transmitted on the following business day.

18. COMPLIANCE WITH LAWS
Contractor will comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299
).

19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor Agreement with Cagwin & Dorward, LLC Page 7
Rev. 07-01-18
and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

20. FAIR EMPLOYMENT
Contractor will not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

21. NO USE OF CITY NAME OR EMBLEM
Contractor will not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.

22. GOVERNING LAW AND VENUE
This Agreement will be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party will be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.

23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement will, for any reason, be held invalid, illegal or unenforceable in any respect, it will not affect the validity of the other provisions, which will remain in full force and effect.

24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.

25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which will be deemed to be an original, but both of which will constitute one and the same instrument.

Agreement with Cagwin & Dorward, LLC Page 8
Rev. 07-01-18
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

Office of the City Attorney
City of Santa Clara

Rajeev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”

CAGWIN & DORWARD, LLC
a California limited liability company

Dated:

By (Signature):

Name: Tracy Berry
Title: Risk Manager
Principal Place of
Business Address:

P.O. Box 6004
Petaluma, CA 94955
Email Address: [email protected]
Telephone: (707) 771-7710
Fax: (707) 708-8080
“CONTRACTOR”

Agreement with Cagwin & Dorward, LLC/Exhibit A-Scope of Services Page 1 Rev. 07-01-18

EXHIBIT A

SCOPE OF SERVICES
The following Scope of Services defines the services and responsibilities of Contractor and City to provide tree maintenance services at the Santa Clara Convention Center Complex.

The Scope of Services, including Exhibit A and Contractor’s proposal response provide context, supplemental information, and are incorporated by reference to the extent not inconsistent with the Agreement.

1. General Service Requirements

1.1. Contractor will provide tree maintenance services as specified herein for the Santa Clara Convention Center Complex.

1.1.1. The address for the site is 5001, 5101, and 5201 Great America Parkway, Santa Clara, CA 95054. The site includes the Santa Clara Convention Center, TechMart, and the Hyatt Hotel.

1.2. Contractor will furnish all supervision, material, labor, equipment and transportation required to provide tree maintenance services at the District as specified herein.

1.3. Contractor will, at his or her expense, obtain all necessary permits and licenses, etc. required for performance of this project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety.

1.4. Within 30 days of contract execution Contractor will provide an update of the tree inventory. The tree inventory data will include following data fields:

1.4.1. Tree Location.

1.4.1.1. Contractor will create an inventory showing the location of every existing tree site and vacant tree site on sitemaps.

1.4.1.2. The tree inventory will be conducted by visiting each tree site or vacant planting site and plot the position.

1.4.1.3. Contractor will update the tree inventory as conditions require (e.g., tree removed, tree planted, etc.).

1.4.2. Measurement of Canopy Spread.

Agreement with Cagwin & Dorward, LLC/Exhibit A-Scope of Services Page 2 Rev. 07-01-18

1.4.2.1. As a part of the data collection process, Contractor will measure the canopy spread of each tree using either a laser range finder or a Roll-a-Tape, to the nearest foot, using a pre- established uniform protocol. This data will be included in the tree inventory.

1.4.3. Tree Condition.

1.4.3.1. General condition of individual trees

1.4.3.2. Pruning requirements (i.e. recommended pruning cycle)

1.4.3.3. Condition of surrounding hardscape (i.e. displacement, recent repairs)

1.5. Contractor will be on site once a week or as-needed, including holidays (except Thanksgiving and Christmas, New Year’s Day).

1.6. Response Times: Contractor will respond to non-emergency and emergency service requests for times and days not onsite as specified below:

1.6.1. Non-Emergency Response Time: Contractor will respond to non- emergency service requests by the next business day from receipt of request.

1.6.2. Emergency Response Time:

1.6.2.1. Contractor will respond to emergency service requests within two (hours) from receipt of request.

1.6.2.2. Contractor will have staff available by telephone on a 24-hour basis who is assigned to provide direct and prompt attention to requests from City for emergency and after-hours tree service requests.

1.6.2.3. The response time for a crew to arrive on-site for tree related emergencies during normal business hours of operation will not exceed thirty (30) minutes.

1.6.2.4. The response time for a crew to arrive on-site for tree related emergencies outside of normal business hours of operation will not exceed two (2) hours.

1.7. Contractor will notify the City or City’s Representative at least one week prior to performing tree pruning services.

1.8. Materials: All materials used will either conform to the specifications herein or will otherwise be acceptable to the City. Contractor will provide monthly records Agreement with Cagwin & Dorward, LLC/Exhibit A-Scope of Services Page 3 Rev. 07-01-18
of all agricultural chemicals used to the Santa Clara County Agricultural Commissioner’s Office. Contractor will provide the City a record of the submittal.

1.9. Contractor will provide and apply (if applicable) the following:

1.9.1. Fertilizer – To be furnished and applied by the Contractor.

1.9.2. Pesticides – T o be furnished and applied by the Contractor.

1.9.3. Fruit Suppression Spraying – To be furnished and applied by the Contractor.

1.9.4. Re placement trees acceptable to the City or City’s Representative are to be furnished by the Contractor if he/she has damaged the originals.

1.10. Storage of Equipment: Contractor will not be allowed to store equipment, parts, and material onsite.

1.11. Storage Collection and Disposal of Refuse

1.11.1. Contractor will dispose of all refuse collected by his/her operations at an approved waste disposal facility and will pay all costs involved. No City facilities, other than specified above, are available for disposal.

2. Tr ee Maintenance Service Requirements

2.1. Contractor will maintain trees in a healthy, growing condition by performing all necessary services, including the following:

2.1.1. C ontractor will be responsible for pruning of all trees plus a large hedge.

See Exhibit 7 for Tree Map.

2.1.2. C ontractor will be responsible for trimming trees including palms, sycamores, hornbeams, evergreens, approximately 285 trees.

2.1.3. A ll tree pruning will be performed according to International Society of Arboriculture Tree Pruning Standards and American National Safety standards.

2.1.4. A ll pruning activities will be done under the general supervision of an arborist certified by the Western Chapter of International Society of Arboriculture.

2.1.5. C ontractor will maintain the natural characteristics and appearance of each tree species. No tree will be pollarded.

2.1.5.1. La rge trees will be pruned by working from the top downward.

Agreement with Cagwin & Dorward, LLC/Exhibit A-Scope of Services Page 4 Rev. 07-01-18

2.1.5.2. Each branch will be pruned individually. The branch will be removed at its origin or by cutting it back to another lateral.

2.1.5.3. All limbs one inch in diameter, or over, will be undercut to avoid splitting or tearing of the bark. The first cut will be made on the underside of the limb approximately one foot from the trunk and sawing through one third of the branch. The second cut will be made on the top of the branch about three inches in from the bottom cut, sawing until the branch splits off at the parallel point of the two cuts. The final cut should be just outside the branch bark ridge and collar (see ISA Western Chapter Pruning
Standards).

2.1.6. A ll pruning and cutting tools will be kept sharpened and clean at all times.

2.1.7. A ll trees will be pruned to remove dead wood, hazardous branches, weak, diseased and insect-infested, broken, low or crossing limbs, suckers, watersprouts and ivy.

2.1.8. B ranches with extremely narrow angle of attachments will be removed.

2.1.9. A ny structural weakness, decayed trunk, or branches will be reported to the City or City’s Representative.

2.1.10. All trees w ill be pruned to force new growth on the windward side of the canopy. Contractor will not remove more than 30% of the total healthy canopy of any tree.

2.1.11. All cut branches, three inches in diameter or larger will be lowered to the ground by means of a rope.

2.1.12. Any damage caused by dropping limbs will be repaired promptly at the Contractor’s expense and to the satisfaction of the City or City’s Representative.

2.1.13. No climbing will be permitted on any tree less than ten inches DBH. If the desired cut cannot be made properly from the ground on trees less than ten inches DBH, an aerial lift bucket will be used.

2.1.14. Contractor will remove all debris resulting from pruning operations daily and upon completion of each portion of the work. Due to the inherent danger of tree maintenance operations, all work will proceed under appropriate safety standards.

2.1.15. Tree Establishment Care – Staking and guying will be maintained until a particular tree no longer requires support. Stakes and support cables Agreement with Cagwin & Dorward, LLC/Exhibit A-Scope of Services Page 5 Rev. 07-01-18
will be monitored carefully for chafing on tree trunks and limbs. Improve or maintain temporary berms as necessary.

2.1.16. Due to the high winds frequently experienced at this site, the initial care of trees is of primary importance. Trees will be pruned and otherwise maintained to encourage strong trunk growth. Primary branches and suckers, located below the main limbs, will be maintained approximately 6 inches apart vertically 120 degrees radically to 10 inches maximum until no longer required

2.1.17. Tree and Stump Removal

2.1.17.1. Contractor will provide for safety of employees and the general public at all times when work is in progress.

2.1.17.2. Removal will include, but not be limited to, removal of all visible buttress roots, grinding of all stumps to a depth appropriate for replanting of a 24” box replacement tree, removal of all chips in excess of that which is required to back fill the removed stump hole to grade, removal from the site all debris immediately upon completion of a tree removal operation.

2.1.17.3. Contractor will be responsible for initiating location of all underground utilities and coordinating with utility agencies as related to carrying out the work. Any damage to utilities will be Contractor’s responsibility.

2.1.18. Arboricultural Pest Management – Trees will be maintained in as pest- free condition as possible. Report all unusual or plant injurious pest infestations promptly to the City’s Representative who will make the determination if such a pest population requires control. Biological controls are considered as well as chemical control. Under this contract, all tree pest control and fruit control (i.e. olive fruit) will be provided by Contractor.

2.1.19. Chemical applications must under all circumstances be performed under the supervision of a California State Certified Pest Control Advisor or Qualified Applicator (QAC) or QAL and under strict observance of all applicable local, county, state and federal regulations.

Contractor will follow the City’s Integrated Pest Management (IPM) Program Policy.

2.1.20. Tree Fertilization and Fruit Control
Agreement with Cagwin & Dorward, LLC/Exhibit A-Scope of Services Page 6 Rev. 07-01-18

2.1.20.1. Cherry and Magnolia trees are to be fertilized every other year with humates, mycorrhizae, bio-stimulants and microorganisms to stimulate root development and improve overall plant health.

2.1.20.2. Olive trees are to be sprayed or treated for fruit control each year and to ensure walkways remain clear of fruit at all times.

3. Repair and Renovation Work

3.1. In addition to the preceding tasks, the City’s Representative may request work to be done that is not part of the scheduled scope of work. An example of supplemental work follows:

3.1.1. Crown reduction/crown clean for Modesto Ash and other large- spread canopy trees (Note: Modesto Ash trees and other large canopy trees not requiring a crown reduction will be billed at the programmed or demand-based pruning rates)

3.1.2. Pruning requiring significant roping and rigging

3.1.3. Pruning in areas with limited accessibility

3.1.4. Special projects that require special services (e.g. crane services or 90-foot aerial lift)

3.1.5. Palm skinning or palm tree boot removal

3.1.6. Additional stump grinding outside of specified radii from existing stump

3.1.7. Stump grinding done during normal business hours following an emergency removal of a tree.

3.2. Prior to performing any repair and renovation work, Contractor will prepare and submit a written description of the work with an estimate of labor, materials, tools, equipment, and time to complete. The only exception will be when a condition exists wherein there is imminent danger of injury to the public or damage to property, in which case verbal estimate and authorization may be used. Within twenty-four (24) hours after verbal authorization, Contractor will prepare a written estimate for the City’s or City Representative’s approval.

3.3. When the City’s Representative and Contractor determine that the repair and renovation work cannot be performed by the Contractor, the Contractor may be directed to find a subcontractor that meets the City’s approval.

Agreement with Cagwin & Dorward, LLC/Exhibit A-Scope of Services Page 7 Rev. 07-01-18

4. Work Force Requirements

4.1. On Staff Personnel : Contractor must have on staff trained personnel with the following certification or license:

4.1.1. A trained supervisor with a current ISA Certified Arborist designation.

4.1.2. A Certified Tree Worker

4.2. Contractor will provide adequate supervision to ensure conformance to the City’s job requirements.

4.3. Contractor must provide a fully qualified supervisor to supervise field crews and meet with the Contract Supervisor as needed for the purposes of correcting problems/conflicts and coordinating work schedules. The City reserves the right to request removal of any employee of the Contractor for good cause. All Contractor’s work will be in City specified areas

4.4. C ontractor is responsible for training and educating employees who will provide services under the City’s contract at Contractor’s expense. All Contractor’s employees assigned to the City contract will be thoroughly familiar with the methods, equipment, schedules, and quality of work required.

4.5. C ontractor’s employees will be required to comply with the following requirements:

4.5.1. Observe and report deficiencies to onsite Supervisor.

4.5.2. Communicate effectively with the public. The Contractor will make every effort to hire bilingual (English/Spanish) personnel for the work under the contract.

4.5.3. Understand written and oral instructions, schedules, and procedures.

4.5.4. Contractor will remove any employee from work under the contract at the request of the City or City’s Representative.

4.5.5. Contractor’s personnel will wear a company uniform with Contractor’s name and insignia at all times while performing work under the contract within the boundaries of the District. Uniforms will consist of shirts, pants, jackets and rainwear, in summer and winter versions.

Uniform will be approve by the City or City’s Representative.

Contractor will procure uniforms at Contractor’s sole expense.

4.5.6. All employees must attend Contractor’s training program to educate employees on the Complex facilities, unique features, public relations etiquette, complaint procedures, care and use of uniforms, etc.

Agreement with Cagwin & Dorward, LLC/Exhibit A-Scope of Services Page 8 Rev. 07-01-18
Employees who have not received this training will not be permitted to work under this contract.

4.5.7. U.S. citizenship or valid U.S. work permit.

4.5.8. At least eighteen (18) years of age.

4.5.9. Free of felony or major misdemeanor criminal record, and multiple DUI’s.

4.5.10. Valid California driver’s license or valid State of California identification card.

4.5.11. Successfully pass Contractor’s required Drug and Alcohol Pre- employment test and ongoing Drug and Alcohol Abuse Prevention and Testing program. Contractor is to provide a copy of the program to the City.

4.5.12. Pass Contractor’s pre-e mployment background checks, previous employment check, and reference check, conducted at Contractor’s expense.

4.5.13. Physically able to accomplish various tasks required.

5. Workmanship and Quality Level

5.1. It is the intention of the City that a first-class standard of maintenance be applied in the area covered by this contract. Contractor’s actions will always be in accordance with this primary concern for quality.

5.2. All work will be performed by experienced personnel directly employed and supervised by Contractor. Contractor will provide management and technical supervision as required to provide work specified herein.

5.3. Contractor will accompany the City or City’s Representative on an inspection tour as requested by the City or City’s representative at no additional cost.

5.4. C ontractor will be responsible for the skills, methods and actions of his employees and for all work done.

5.5. C ontractor will perform the work specified herein to the satisfaction of the City or City’s Representative. The City or City’s Representative will conduct inspections to determine the Contractor’s conformity with these specifications and the adequacy of the work being performed. Contractor will be available for consultation with the City as needed.

Agreement with Cagwin & Dorward, LLC/Exhibit A-Scope of Services Page 9 Rev. 07-01-18

5.6. A sset Management:

5.6.1. C ontractor will be held accountable for any and all City assets which are part of the work being provided.

5.6.2. Upo n verification of project quantities, Contractor will maintain all City assets in a healthy, operable and safe condition throughout the life of the contract.

5.6.3. If any City-owned asset is damaged or destroyed by others, the Contractor will report said damage and the causes for it within a maximum five (5) working day period. The City will verify the cause and loss based on the Contractor’s report. If the Contractor is unable to substantiate the cause or neglects to report such occurrences, the cost of replacement will be borne by the Contractor

5.7. Maintenance Deficiencies:

5.7.1. C ontractor will be notified by phone or email when work has not been completed as per specifications herein.

5.7.2. I f Contractor has not responded to make required corrections within one business day, the City’s Representative will have the authority to take action to perform the work necessary to bring the facility to a proper condition and the Contractor will be charged for the cost of these services. The charges will be deducted from the following monthly bill.

6. Pr eservation of Property

6.1. C ontractor will exercise due care to avoid injury to existing facilities, adjacent property and real or personal property in the performance of work under this contract.

7. Protecti on of General Public (i.e. barricades and cones)

7.1. Wherever it is necessary, Contractor will be required to keep and maintain at Contractor’s sole cost and expense during the course of operations on his project, such warnings, signs, and barriers as maybe required to protect the public. The provisions of the preceding sentence will not impose any liability upon the City and are for the express benefit of the general public.

Agreement with Cagwin & Dorward, LLC/Exhibit B1-Compensation Page 1 Rev. 07-01-18
EXHIBIT B1

COMPENSATION

1. MAXIMUM COMPENSATION
The maximum amount payable for all products and services provided under this Agreement shall not exceed Eighty-Three Thousand Nine Hundred Six Dollars ($83,906) during the Initial One-Year Term. No additional services will be performed unless both parties execute an Amendment outlining the services requested and the compensation agreed for such services.

The following table is the estimated spend based on the Tree Care Plan specified in Exhibit B3:

Description Amount
Tree Care Plan Estimated Spend Initial One-Year Term (Exhibit B3) $72,962 Total for Tree Care Plan $72,962
Contingency $10,944
Maximum Not-To-Exceed Compensation for Initial One-Year Term $83,906

2. Estimated Spend for Years 2 to 5

2.1. The following table is the estimated spend based on the Tree Care Plan specified in Exhibit B3 for Years 2 to 5:

Description Amount
Tree Care Plan Estimated Spend Year 2 (Option 1 of 4) (Exhibit B3) $82,690 Tree Care Plan Estimated Spend Year 3 (Option 2 of 4) (Exhibit B3) $81,810 Tree Care Plan Estimated Spend Year 4 (Option 3 of 4) (Exhibit B3) $79,392 Tree Care Plan Estimated Spend Year 5 (Option 4 of 4) (Exhibit B3) $80,422

3. RATES
Compensation shall be paid to Contractor for the Term of the agreement in accordance with the rates listed in Exhibit B2.

4. INVOICING REQUIREMENTS

4.1. Contractor will invoice the city on a monthly basis for services provided by contractor during the preceding month on an invoice and in a format approved by the city and subject to verification and approval by the city. City will pay contractor within thirty (30) days of city’s receipt of an approved invoice.

4.2. Contractor will submit the invoice(s) via email to the city’s representative.

Agreement with Cagwin & Dorward, LLC/Exhibit B1-Compensation Page 2 Rev. 07-01-18

4.3. The city will incur no obligation for out of scope work that is not authorized in advance in writing. These monthly invoices will provide a breakdown of cost of the work performed and will have an attachment itemizing the work completed.

Invoices will include at a minimum the following:

4.3.1. Date of Service;

4.3.2. Description of Service;

4.3.3. Unit Pricing;

4.3.4. Quantities or hours;

4.3.5. Extended Price and Total; and

4.3.6. Any other pertinent information.

5. PRICING

5.1. All pricing is firm fixed for the initial one-year term of this Agreement and for the four one year options.

5.2. After the Initial Term, the City reserves the right to extend this Agreement for four (4) one year options pursuant to Section 2.B. of this Agreement, subject to the appropriation of funds.

5.3. City shall provide contractor prior written notice in the form of Exhibit E of its intention to exercise its option for the next term prior to the end of the then current term.

Agreement with Cagwin & Dorward, LLC/Exhibit B2-Rates Page 1 Rev. 07-01-18
EXHIBIT B2
RATES
SECTION A. PROGRAMMED TREE PRUINING SERVICES
Item
No. Description UOM
Initial
One- Year
Term Unit
Price
Year 2
(Option 1
of 4) Unit
Price
Year 3
(Option 2
of 4) Unit
Price
Year 4
(Option 3
of 4) Unit
Price
Year 5
(Option 4
of 4) Unit
Price
1 3" to 6" DBH Per Tree $56.00 $57.68 $59.41 $61.19 $63.03 2 7" to 12" DBH Per Tree $112.00 $115.36 $118.82 $122.39 $126.06 3 13" to 24" DBH Per Tree $168.00 $173.04 $178.23 $183.58 $189.09 4 25" to 36" DBH Per Tree $280.00 $288.40 $297.05 $305.96 $315.14 5 37" to 48" DBH Per Tree $448.00 $461.44 $475.28 $489.54 $504.23 6 49" + DBH Per Tree $728.00 $749.84 $772.34 $795.51 $819.37 SECTION B. AS-NEEDED TREE PRUINING
Item
No. Description UOM
Initial
One- Year
Term Unit
Price
Year 2
(Option 1
of 4) Unit
Price
Year 3
(Option 2
of 4) Unit
Price
Year 4
(Option 3
of 4) Unit
Price
Year 5
(Option 4
of 4) Unit
Price
8 3" to 6" DBH Per Tree $56.00 $57.68 $59.41 $61.19 $63.03 9 7" to 12" DBH Per Tree $112.00 $115.36 $118.82 $122.39 $126.06 10 13" to 24" DBH Per Tree $168.00 $173.04 $178.23 $183.58 $189.09 11 25" to 36" DBH Per Tree $280.00 $288.40 $297.05 $305.96 $315.14 12 37" to 48" DBH Per Tree $448.00 $461.44 $475.28 $489.54 $504.23 13 49" + DBH Per Tree $728.00 $749.84 $772.34 $795.51 $819.37 SECTION C. PROGRAMMED PALM TREE PRUINING
Item
No. Description UOM
Initial
One- Year
Term Unit
Price
Year 2
(Option 1
of 4) Unit
Price
Year 3
(Option 2
of 4) Unit
Price
Year 4
(Option 3
of 4) Unit
Price
Year 5
(Option 4
of 4) Unit
Price
15 California Fan Palm Per Tree $132.00 $135.96 $140.04 $144.24 $148.57 16 Canary Island Date Palm Per Tree $376.00 $387.28 $398.90 $410.87 $423.19

I I I I I I
Agreement with Cagwin & Dorward, LLC/Exhibit B2-Rates Page 2 Rev. 07-01-18
Item
No. Description UOM
Initial
One- Year
Term Unit
Price
Year 2
(Option 1
of 4) Unit
Price
Year 3
(Option 2
of 4) Unit
Price
Year 4
(Option 3
of 4) Unit
Price
Year 5
(Option 4
of 4) Unit
Price
17 Mediterranean Fan Palm Per Tree $132.00 $135.96 $140.04 $144.24 $148.57 18 Mexican Fan Palm Per Tree $132.00 $135.96 $140.04 $144.24 $148.57 19 Queen Palm Per Tree $132.00 $135.96 $140.04 $144.24 $148.57 20 Windmill Palm Per Tree $66.00 $67.98 $70.02 $72.12 $74.28 SECTION D. PROGRAMMED TREE REMOVAL (INCLUDING STUMP GRINDING) Item
No. Description UOM
Initial
One- Year
Term Unit
Price
Year 2
(Option 1
of 4) Unit
Price
Year 3
(Option 2
of 4) Unit
Price
Year 4
(Option 3
of 4) Unit
Price
Year 5
(Option 4
of 4) Unit
Price
22 7" to 12" DBH Per Tree $448.00 $461.44 $475.28 $489.54 $504.23 23 13" to 24" DBH Per Tree $672.00 $692.16 $712.92 $734.31 $756.34 24 25" to 36" DBH Per Tree $1,120.00 $1,153.60 $1,188.21 $1,223.85 $1,260.57 25 37" to 48" DBH Per Tree $1,792.00 $1,845.76 $1,901.13 $1,958.17 $2,016.91 26 49" + DBH Per Tree $2,912.00 $2,999.36 $3,089.34 $ 3,182.02 $3,277.48 SECTION E. AS-NEEDED TREE REMOVAL (INCLUDING STUMP GRINDING) Item
No. Description UOM
Initial
One- Year
Term Unit
Price
Year 2
(Option 1
of 4) Unit
Price
Year 3
(Option 2
of 4) Unit
Price
Year 4
(Option 3
of 4) Unit
Price
Year 5
(Option 4
of 4) Unit
Price
28 7" to 12" DBH Per Tree $448.00 $461.44 $475.28 $489.54 $504.23 29 13" to 24" DBH Per Tree $672.00 $692.16 $712.92 $734.31 $756.34 30 25" to 36" DBH Per Tree $1,120.00 $1,153.60 $1,188.21 $1,223.85 $1,260.57 31 37" to 48" DBH Per Tree $1,792.00 $1,845.76 $1,901.13 $1,958.17 $2,016.91 32 49" + DBH Per Tree $2,912.00 $2,999.36 $3,089.34 $3,182.02 $3,277.48 Agreement with Cagwin & Dorward, LLC/Exhibit B2-Rates Page 3 Rev. 07-01-18
SECTION F. EMERGENCY TREE SERVICES
Item
No. Description UOM
Initial
One- Year
Term Unit
Price
Year 2
(Option 1
of 4) Unit
Price
Year 3
(Option 2
of 4) Unit
Price
Year 4
(Option 3
of 4) Unit
Price
Year 5
(Option 4
of 4) Unit
Price
34 Three-person Crew and Bucket Hour $436.80 $449.90 $463.40 $477.30 $491.62 35 90-FT Bucket Hour $300.00 $309.00 $318.27 $327.82 $337.65 SECTION G. ADDITIONAL SERVICES AND WORK
Item
No. Description UOM
Initial
One- Year
Term
Hourly
Rate
Year 2
(Option 1
of 4)
Hourly
Rate
Year 3
(Option 2
of 4)
Hourly
Rate
Year 4
(Option 3
of 4)
Hourly
Rate
Year 5
(Option 4
of 4)
Hourly
Rate
37 Three-Person Crew and Bucket Hour $336.00 $346.08 $356.46 $367.16 $378.17 38 90-FT Bucket (7AM - 5PM) (Rental) Hour $300.00 $309.00 $318.27 $327.82 $337.65 39 Crane Services (7AM - 5PM) Hour $387.50 $399.13 $411.10 $423.43 $436.13 Item
No. Description UOM
Initial
One- Year
Term
Hourly
Rate/Mark
up
Year 2
(Option 1
of 4)
Rate/Mar
kup
Year 3
(Option 2
of 4)
Rate/Mark
up
Year 4
(Option 3
of 4)
Rate/Mark
up
Year 5
(Option 4
of 4)
Rate/Mar
kup
40 Evaluations by Certified Arborist with
Recommendations Hour $175.00 $180.25 $185.66 $191.23 $196.96 41 Plant Health Care - Fertilization, Deep
Root Injection Hour $150.00 $154.50 $159.14 $163.91 $168.83 42 Plant Health Care - Insecticide
Injection Hour $150.00 $154.50 $159.14 $163.91 $168.83 43 Cabling, Bracing, Through Rod
Installation (Two-Person Crew) Hour $230.00 $236.90 $244.01 $251.33 $258.87 Agreement with Cagwin & Dorward, LLC/Exhibit B2-Rates Page 4 Rev. 07-01-18
Item
No. Description UOM
Initial
One- Year
Term
Hourly
Rate/Mark
up
Year 2
(Option 1
of 4)
Rate/Mar
kup
Year 3
(Option 2
of 4)
Rate/Mark
up
Year 4
(Option 3
of 4)
Rate/Mark
up
Year 5
(Option 4
of 4)
Rate/Mar
kup
44 Materials/Supplies/Third Party Services
%
Markup
Over
Cost
25% 25% 25% 25% 25%
Agreement with Cagwin & Dorward, LLC /Exhibit B3-Five Year Tree Care Plan with Annual Estimate Spend Page 1 Rev. 07-01-18
EXHIBIT B3

FIVE YEAR TREE CARE PLAN WITH ANNUAL ESTIMATE SPEND

1. Year 1 Tree Care Plan
Tree Type Qty Cost Service
American
Sycamore 35 $11,760.00 Prune for weight reduction, deadwood and provide all clearances Mexican Fan
Palm 52 $6,864.00 Prune to remove dead fronds and flowers/fruit California
Fan Palm 10 $1,320.00 Prune to remove dead fronds and flowers/fruit Queen Palm 14 $1,848.00 Prune to remove dead fronds and flowers/fruit Southern
Magnolia 8 $1,792.00 Prune for weight reduction, deadwood and provide all clearances Aleppo Pine 50 $22,400.00
Prune to reduce heavy limb weight, crown clean deadwood and provide all clear
ances (High priority trees adjacent to Tasman, Great America Pkwy and along back driveway as determined by the staff Certified Arborist at the time of pruning)

Olive 21 $7,056.00 Heavy prune to reduce olive production. Shape as needed for appear ance.

Aleppo Pine 2 $4,480.00 Remove (1 is dead and 1 is leaning over the parking lot) Hedge 1 $1,792.00 Side trim, reduce/maintain height/shape. With Bucket Lift.

Hornbeam 74 $2,400.00 Insect treatment Spring 2023
Crape Myrtle 71 $2,400.00 Insect treatment Spring 2023
Kwanzan
Cherry 16 $450.00 Insect treatment Spring 2023
Olive 21 $600.00 Olive reduction treatment spring 2023
Agreement with Cagwin & Dorward, LLC /Exhibit B3-Five Year Tree Care Plan with Annual Estimate Spend Page 2 Rev. 07-01-18
Tree Type Qty Cost Service
Various trees 329 $7,800.00
Deep root fertilize for health and vigor (196 Aleppo Pine, 71 Crape Myrtle, 30 Chinese Pistache, 14 Queen Palm, 8 Southern Magnolia, 5 California Redwood, 2 Stone Pine, 2 Blue Spruce, 1 Deodar Cedar)
Year 1 Total
Budget $72,962.00

2. Year 2 Tree Care Plan
Tree Type Qty Cost Service
American
Sycamore 35 $12,075.00 Prune for weight reduction, deadwood and provide all clearances Mexican Fan
Palm 52 $7,069.92 Prune to remove dead fronds and flowers/fruit California Fan
Palm 10 $1,359.60 Prune to remove dead fronds and flowers/fruit Queen Palm 14 $1,903.44 Prune to remove dead fronds and flowers/fruit Crape Myrtle 71 $20,412.50 Prune for crown reduction, deadwood and provide all clearances Chinese
Pistache 30 $8,625.00 Prune for weight reduction, deadwood and provide all clearances Aleppo Pine 40 $18,400.00 Prune to reduce heavy limb weigh, crown clean deadwood and provide all clearances (Along service driveway behind properties)
Hedge 1 $1,840.00 Side trim, reduce/maintain height/shape. With Bucket Lift.

Hornbeam 74 $2,480.00 Insect treatment Spring 2023
Crape Myrtle 71 $2,480.00 Insect treatment Spring 2023 Kwanzan
Cherry 16 $465.00 Insect treatment Spring 2023
Olive 21 $620.00 Olive reduction treatment spring 2023 Agreement with Cagwin & Dorward, LLC /Exhibit B3-Five Year Tree Care Plan with Annual Estimate Spend Page 3 Rev. 07-01-18
Tree Type Qty Cost Service
Various trees 216 $4,960.00
Deep root fertilize for health and vigor (52 Mexican Fan Palm, 35 American Sycamore, 30 Chinese Pistache, 26 Carob, 10 California Fan Palm, 27 Wildmill Palm,14 Queen Palm, 9 Canary Island Date Palm, 8 Southern Magnolia, 5 California Redwood)
Year 2 Tree Care
Plan Estimate Spend $82,690.46

3. Year 3 Tree Care Plan
Tree Type Qty Cost Service
American
Sycamore 35 $12,075.00 Prune for weight reduction, deadwood and provide all clearances Mexican Fan
Palm 52 $7,282.08 Prune to remove dead fronds and flowers/fruit California Fan
Palm 10 $1,400.40 Prune to remove dead fronds and flowers/fruit Queen Palm 14 $1,960.56 Prune to remove dead fronds and flowers/fruit Windmill Palm 27 $1,890.54 Prune to remove dead fronds and flowers/fruit Canary Island
Date Palm 9 $3,590.10 Prune to remove dead fronds and flowers/fruit Aleppo Pine 10 $4,720.00 Prune to reduce heavy limb weigh, crown clean deadwood and provide all clearances (Along service driveway behind properties) European
Hornbean 74 $17,464.00 Prune for all clearances and crown clean deadwood only Carob Trees 26 $9,204.00 Prune for weight reduction, deadwood and provide all clearances Kawanzan
Cherry 16 $1,888.00 Prune for weight reduction, deadwood and provide all clearances California
Redwood 5 $1,770.00 Prune for all clearances and crown clean deadwood only Agreement with Cagwin & Dorward, LLC /Exhibit B3-Five Year Tree Care Plan with Annual Estimate Spend Page 4 Rev. 07-01-18
Tree Type Qty Cost Service
Stone Pine 2 $944.00 Prune for weight reduction, deadwood and provide all clearances Blue Spruce 2 $944.00 Prune for weight reduction, deadwood and provide all clearances Deodar Cedar 1 $472.00 Prune for weight reduction, deadwood and provide all clearances Hedge 1 $1,840.00 Side trim, reduce/maintain height/shape. With Bucket Lift.

Hornbeam 74 $2,480.00 Insect treatment Spring 2023
Crape Myrtle 71 $2,480.00 Insect treatment Spring 2023 Kwanzan Cherry 16 $465.00 Insect treatment Spring 2023 Olive 21 $620.00 Olive reduction treatment spring 2023 Various trees 329 $8,320.00
Deep root fertilize for health and vigor (196 Aleppo Pine, 71 Crape Myrtle, 30 Chinese Pistache, 14 Queen Palm, 8 Southern Magnolia, 5 California Redwood, 2 Stone Pine, 2 Blue Spruce, 1 Deodar Cedar)
Year 3 Tree Care Plan
Estimate Spend $81,809.68

4. Year 4 Tree Care Plan
Tree Type Qty Cost Service
American
Sycamore 35 $12,810.00 Prune for weight reduction, deadwood and provide all clearances Mexican Fan
Palm 52 $7,500.48 Prune to remove dead fronds and flowers/fruit California Fan
Palm 10 $1,442.40 Prune to remove dead fronds and flowers/fruit Queen Palm 14 $2,019.36 Prune to remove dead fronds and flowers/fruit Southern
Magnolia 8 $1,952.00 Prune for weight reduction, deadwood and provide all clearances Aleppo Pine 50 $24,400.00 Prune to reduce heavy limb weight, crown clean deadwood and provide all clearances (High priority trees adjacent to Tasman, Great America Agreement with Cagwin & Dorward, LLC /Exhibit B3-Five Year Tree Care Plan with Annual Estimate Spend Page 5 Rev. 07-01-18
Tree Type Qty Cost Service
Pkwy and along back driveway as determined by the staff Certified Arborist at the time of pruning)
Olive 21 $7,686.00 Heavy prune to reduce olive production. Shape as needed for appearance.

Chinese
Pistache 30 $8,625.00 Prune for weight reduction, deadwood and provide all clearances Hedge 1 $1,952.00 Side trim, reduce/maintain height/shape. With Bucket Lift.

Hornbeam 74 $2,480.00 Insect treatment Spring 2023
Crape Myrtle 71 $2,480.00 Insect treatment Spring 2023 Kwanzan
Cherry 16 $465.00 Insect treatment Spring 2023
Olive 21 $620.00 Olive reduction treatment spring 2023 Various trees 216 $4,960.00
Deep root fertilize for health and vigor (52 Mexican Fan Palm, 35 American Sycamore, 30 Chinese Pistache, 26 Carob, 10 California Fan Palm, 27 Wildmill Palm,14 Queen Palm, 9 Canary Island Date Palm, 8 Southern Magnolia, 5 California Redwood)
Year 4 Tree Care
Plan Estimated
Spend
$79,392.24

5. Year 5 Tree Care Plan
Tree Type Qty Cost Service
American
Sycamore 35 $13,230.00 Prune for weight reduction, deadwood and provide all clearances Mexican Fan
Palm 52 $7,725.64 Prune to remove dead fronds and flowers/fruit California Fan
Palm 10 $1,485.70 Prune to remove dead fronds and flowers/fruit Queen Palm 14 $2,079.98 Prune to remove dead fronds and flowers/fruit Agreement with Cagwin & Dorward, LLC /Exhibit B3-Five Year Tree Care Plan with Annual Estimate Spend Page 6 Rev. 07-01-18
Tree Type Qty Cost Service
Crape Myrtle 71 $22,365.00 Prune for crown reduction, deadwood and provide all clearances Aleppo Pine 40 $20,160.00 Prune to reduce heavy limb weigh, crown clean deadwood and provide all clearances (Along service driveway behind properties)
Hedge 1 $2,016.00 Side trim, reduce/maintain height/shape. With Bucket Lift.

Hornbeam 74 $2,560.00 Insect treatment Spring 2023
Crape Myrtle 71 $2,560.00 Insect treatment Spring 2023 Kwanzan
Cherry 16 $480.00 Insect treatment Spring 2023
Olive 21 $640.00 Olive reduction treatment spring 2023 Various trees 216 $5,120.00
Deep root fertilize for health and vigor (52 Mexican Fan Palm, 35 American Sycamore, 30 Chinese Pistache, 26 Carob, 10 California Fan Palm, 27 Wildmill Palm,14 Queen Palm, 9 Canary Island Date P alm, 8 Southern Magnolia, 5 California Redwood)
Year 5 Tree Care Plan
Estimated Spend $80,422.32

Agreement with Cagwin & Dorward, LLC/Exhibit C-Insurance Requirements Page 1 Rev. 07-01-18

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor will provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but will in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury

2. Exact structure and layering of the coverage will be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits will be at least as broad as the underlying coverage and will otherwise follow form.

3. The following provisions will apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage will be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There will be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage will apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage will apply to all owned, non-owned and hired autos.

Agreement with Cagwin & Dorward, LLC/Exhibit C-Insurance Requirements Page 2 Rev. 07-01-18
C. WORKERS’ COMPENSATION

1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

2. The indemnification and hold harmless obligations of Contractor included in this Agreement will not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

2. Primary and non-contributing. Each insurance policy provided by Contractor will contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance Indemnities may possess will be considered excess insurance only and will not be called upon to contribute with Contractor’s insurance.

3. Cancellation.
a. Each insurance policy will contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums will be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice will be given at least ten (10) days prior to the effective date of non-renewal.

Agreement with Cagwin & Dorward, LLC/Exhibit C-Insurance Requirements Page 3 Rev. 07-01-18
b. Each insurance policy will contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums will be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice will be given at least thirty (30) days prior to the effective date of non- renewal.

4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.

E. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There will be no recourse against City for payment of premiums or other amounts with respect thereto.

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) will, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage will be maintained with insurers, and under forms of policies, Agreement with Cagwin & Dorward, LLC/Exhibit C-Insurance Requirements Page 4 Rev. 07-01-18
satisfactory to City and as described in this Agreement. Contractor will file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.

G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker will provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage will be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.

Upon City’s request, Contractor will submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement will be emailed to:
[email protected]

Or mailed to:

EBIX Inc.

City of Santa Clara Department of Public Works (Facilities Division) P.O. Box 100085 – S2
Duluth, GA 30096

Telephone number: 951-766-2280
Fax number: 770-325-0409

H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor will have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or will be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

Agreement with Cagwin & Dorward, LLC/Exhibit D-Labor Compliance Page 1 Rev. 07-01-18

EXHIBIT D

LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.

I. Prevailing Wage Requirements

1. Contractor will be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which will be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.

Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .

4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio will be paid the full journeyman wages for the classification of work performed.

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” will include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified payroll, Agreement with Cagwin & Dorward, LLC/Exhibit D-Labor Compliance Page 2 Rev. 07-01-18

fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors will be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters will also result in the withholding of progress, retention and/or final payment.

7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor will not be permitted to perform work on the project.

10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

J. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum will be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents will be provided to City for audit at City Hall when it is Agreement with Cagwin & Dorward, LLC/Exhibit D-Labor Compliance Page 3 Rev. 07-01-18

practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents will be made available at Contractor’s address indicated for receipt of notices in this Agreement.

K. Enforcement

1. City will withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions will not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.

City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.

These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

Agreement with Cagwin & Dorward, LLC/Exhibit E-Notice of Exercise of Option Page 1 Rev. 07-01-18

EXHIBIT E

NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT

AGREEMENT TITLE:

CONTRACTOR:

DATE:

Pursuant to Section __ of the Agreement referenced above, the City of Santa Clara hereby exercises its option to extend the term under the following provisions:

OPTION NO. # of #

NEW OPTION TERM
Begin date:

End date:

CHANGES IN RATE OF COMPENSATION

Percentage change in CPI upon which adjustment is based:

Pursuant to Section ___ of the Agreement the rates of compensation are hereby adjusted as follows:
(use attachment if necessary)

MAXIMUM COMPENSATION for New Option Term:

For the option term exercised by this Notice, City will pay Contractor an amount not to exceed the amount set forth above for Contractor’s services and reimbursable expenses, if any. The undersigned signing on behalf of the City of Santa Clara hereby certifies that an unexpended appropriation is available for the term exercised by this Notice, and that funds are available as of the date of this signature.

Approved as to Form:

Dated:

Office of the City Attorney
City of Santa Clara

Rajeev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771

□
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-164 Agenda Date: 8/30/2022

REPORT TO COUNCIL

SUBJECT
Action on Agreements for Services with Aspen Environmental Group and Panorama Environmental, Inc. to Provide As-Needed Environmental Consulting Services

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara’s Electric Department, Silicon Valley Power (SVP), is experiencing significant load growth due to rising electric needs of customers. To meet this demand, SVP has undertaken a multi-year capital construction program to expand, rebuild, and reinforce the SVP electric transmission and distribution system over the next several years. These projects include rebuilding existing substations, upgrading components in existing substations, and adding new substations which requires the use of consultants to perform services associated with these projects including environmental services.

Components of SVP’s capital improvement program require environmental review assessments to determine any required California Environmental Quality Act (CEQA) actions for each proposed project. Depending on the outcome of these assessments, consultants are needed to prepare studies including initial studies, negative declaration, mitigated negative declarations, or environmental impact reports in compliance with CEQA. Projects requiring environmental consulting services include:

1. Kifer Receiving Station Rebuild Project;

2. Kifer Battery Energy Storage System;

3. 115 kilovolt (kV) Transmission Line from Northern Receiving Station to Kifer Receiving Station;

4. 60kV Transmission Line between Fiberglass and Walsh Substations; and

5. 60kV Transmission Line between Walsh and Uranium Substations

DISCUSSION
In April 2022, a Statement of Qualifications (SOQ) to solicit proposals from qualified firms to provide As-Needed Environmental Consulting Services was issued. The SOQ was published using the City’s e-procurement platform. A total of 79 companies viewed the SOQ, and six proposals were received from the following firms:

1. Aspen Environmental Group (Aspen);

2. Cardno (now Stantec);

3. David J. Powers & Associates, Inc.;

4. Insignia Environmental, Inc.;

5. Panorama Environmental; and

6. Surf to Snow Environmental Resource Management
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22-164 Agenda Date: 8/30/2022
Proposals were evaluated and scored independently by a three-member evaluation team from SVP and the Community Development Department against the criteria and weights published in the SOQ.

A Notice of Intent to Award was sent to all participants in June 2022, announcing the City's recommendation to award Aspen and Panorama, as the highest ranked firms.

The City will enter into master agreements with both Aspen and Panorama. Actual work assignments will be issued via work or tasks orders. All work will be paid on a not-to-exceed time and materials basis. Work will be assigned by first negotiating with Aspen as the highest ranked firm. If negotiations with Aspen are not successful, the City will then begin negotiations with Panorama. The City’s determination may be based on factors including schedule, approach, staff expertise, and cost.

Staff recommends authorizing the City Manager to negotiate and execute master agreements with Aspen and Panorama for an initial five-year term beginning on or about September 1, 2022, plus a one-year option to extend each agreement for one additional year, at the discretion of the City. Staff recommends authorization for a maximum compensation of $1,500,000 for Aspen and $500,000 for Panorama, subject to appropriation of funds.

Aspen’s hourly rates shall be fixed through December 31, 2023 and may increase up to 5% annually after that. Panorama’s hourly rates will be fixed for the first two years of the agreement; requests for compensation increases after two years must be justified by the vendor and are subject to approval by the City and the annual appropriations of funds.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 (b)(5) in that the proposed actions are agreements for the purchase of environmental services which are administrative activities that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT
Expenses for services associated with these agreements are charged to the Capital Project associated with the service. Funds are available in the Adopted FY 2022/23 & FY 2023/24 Biennial Capital Improvement Program Budget in various projects funded by the Electric Utility Capital Fund and the Street Lighting Capital Fund and in the Electric Utility Operating Fund.

Staff’s recommendation includes requests for funding not to exceed $2,500,000 including the option year for additional services resulting from site specific issues that are unknown at this time such as cultural resources, project design changes requiring alternative transmission line routing analyses market changes, regulatory changes, industry changes, or the increase in projects to facilitate load growth in SVP’s service territory.

Funds required for these agreements in future years are subject to budget appropriations and will be incorporated into the budget development process for those years.

COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.

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22-164 Agenda Date: 8/30/2022

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Authorize the City Manager to Negotiate and Execute an As-Needed Environmental Consulting Services Agreement with Aspen Environmental Group in an amount not to exceed $1,500,000 for a five-year period;

2. Authorize the City Manager to Negotiate and Execute an As-Needed Environmental Consulting Services Agreement with Panorama Environmental, Inc. in an amount not to exceed $500,000 for a five-year period;

3. Authorize the City Manager to execute amendments to extend the term of the Agreements for up to one additional year or longer if required to complete projects initiated during their term; and

4. Authorize the City Manager to execute amendments to increase total maximum compensation by $500,000 for a total maximum compensation of $2,500,000 for both agreements subject to appropriation of funds if required to (a) add or delete services or (b) allow for future rate adjustments.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Rajeev Batra, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-979 Agenda Date: 8/30/2022

REPORT TO COUNCIL

SUBJECT
Action on Amendment No. 1 to Agreement with Ricoh USA, Inc. for Citywide Leases and Maintenance of Copier/Multi-Functional Devices

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
On September 26, 2017, Council approved an agreement with Ricoh USA, Inc. (Ricoh) for Citywide Leases and Maintenance Services for Copier/Multi-Functional Devices (MFDs) for a five-year term.

The City leveraged a cooperative agreement through U.S. Communities (now Omnia Partners), a national cooperative purchasing program that realizes savings by consolidating the buying power of all public sector member organizations.

The City currently has approximately 99 Copier/Multi-Functional Devices located at various city facilities serviced by Ricoh. In addition, the City utilizes MFD repair services and printer toner/cartridge replacements through this agreement as well. The copier/multi-function devices are used to perform a range of output functions from basic copying to scanning, printing and faxing.

The City’s current agreement with Ricoh allows two annual extension options at the City’s discretion.

However, there was no staff recommendation seeking Council approval authorizing the City Manager to exercise the options at the Council meeting in September 2017.

The current agreement with Ricoh will term out on August 31, 2022.

DISCUSSION
The Omnia Partners cooperative agreement has been renewed for another year through 2023, with no price increase. (Attachment 3). This renewal enables the City to continue utilizing the Omnia Partners agreement.

Under the agreement, the City pays a fixed monthly fee for the equipment, plus a price per copy. In addition, the City pays for consumables that are required to operate the copiers. Ricoh has agreed to reduce the monthly fee on the copiers by 15%, or $56,600 over two years. They have also agreed to hold all consumables at current pricing. Included in Attachment 1 is a revised fee schedule (Exhibit B) that provides a summary of actuals for the past five years. It is important to note that usage has fluctuated due to remote work and the impact of COVID. It is anticipated that usage will continue to increase as employees return to the office.

Staff recommends executing both options extending the agreement for two years in order to take City of Santa Clara Printed on 8/24/2022Page 1 of 2
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22-979 Agenda Date: 8/30/2022
advantage of cost savings on the MFDs and to maintain current pricing on consumables. The maximum compensation under the current agreement is $1,400,000. Amendment No. 1 extends the Agreement by two years ending on August 31, 2024 and increases the maximum compensation by $750,000 for a revised total not-to-exceed maximum compensation of $2,150,000.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
Precise annual costs are difficult to project due to fluctuations in print usage. Estimates for the new spend are based on pre-pandemic usage less the projected lease savings (Highest previous year total of $354,000 less annual savings of $28,000 x 2 = $652,000). The proposed agreement also provides for a 15% contingency amount to allow for fluctuating usage costs. Appropriations are available in various department operating budgets and funds: General Fund; Electric Utility Fund; Water Utility Fund; Sewer Utility Fund; Automotive Services; and Stadium Authority Fund.

COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.

RECOMMENDATION
Authorize the City Manager to execute Amendment No. 1 to the Agreement with Ricoh USA, Inc. for Citywide Leases and Maintenance of Copier/Multi-Function Devices to increase the maximum compensation by $750,000 for a revised maximum compensation of $2,150,000, and extend the term of the agreement through August 31, 2024, subject to the appropriation of funds.

Reviewed by: Gaurav Garg, Director of Information Technology/CIO Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Amendment No. 1 with Ricoh USA, Inc.

2. Executed Agreement with Ricoh, USA, Inc. and Agenda Report 11.B4

3. Amendment 10 for Cooperative Agreement (OMNIA Partners) City of Santa Clara Printed on 8/24/2022Page 2 of 2
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Amendment No. 1 to Agreement/Ricoh USA, Inc Page 1
Rev. 10/25/19
Ebix Insurance No. S200002432

AMENDMENT NO. 1

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
RICOH USA, INC.

PREAMBLE
This agreement (“Amendment No. 1”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Ricoh USA, Inc., an Ohio corporation, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for the Performance of Services By and Between the City of Santa Clara, California, and Ricoh USA, Inc., dated September 26, 2017 (Agreement); and B. The Parties entered into the Agreement for the purpose of having Contractor provide lease and maintenance services citywide for copier/multi-functional devices (insert services provided), and the Parties now wish to amend the Agreement to extend for an additional two years ending on August 31, 2024 and to increase compensation by $750,000 for a revised not-to-exceed maximum compensation of $2,150,000, subject to the appropriation of funds.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 3 of the Agreement entitled, “TERM OF AGREEMENT” is amended to read as follows:

A. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the initial term of this Agreement shall begin on the effective date of this Agreement and terminate on August 31, 2024.

2. Exhibit B of the Agreement Exhibit B of the Agreement, entitled “Fee Schedule” is hereby amended to read as shown in Revised Exhibit B, attached herein.

3. Exhi bit F of the Agreement, entitled “U.S. Communities Product Schedule” is hereby added and attached herein.

Amendment No. 1 to Agreement/Ricoh USA, Inc. Page 2
Rev. 10/25/2019

4. Exhibit G of the Agreement, entitled “Order Agreement” is hereby added and attached herein.

5. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

The Effective Date is the date that the final signatory executes the Agreement. The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

Office of the City Attorney
City of Santa Clara

Rajeev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”

RICOH USA, INC.
a Ohio corporation/partnership/individual

Dated:

By (Signature):

Name: Steven Bottini
Title: Vice President Managing Director
Principal Place of
Business Address:
1390 Willow Pass Road, Suite 480
Concord, CA 94520
Email Address: N/A
Telephone: (415) 850-4081
Fax: N/A
“CONTRACTOR”

Amendment No. 1 to Agreement/Ricoh USA, Inc./Revised Exhibit B – Fee Schedule Page 1 Rev. 10/25/19

REVISED EXHIBIT B

FEE SCHEDULE

Consultant shall provide a schedule of rates and fees which includes all billing amounts and costs as follows (if applicable), such as:

- Lease pricing for MFDs, Consumable costs (included), Repair & Maintenance costs (included)
- Actual Print usage costs.
- Ricoh U.S. Communities Master Lease Agreement and Product Schedule, Ricoh Order Agreement and Equipment Removal / Buyout Authorization Documents.

In no event shall the amount billed to City by Contractor for services under this Agreement exceed Two Million One Hundred Fifty Thousand Dollars and Zero Cents ($2,150,000.00), over the term of the Agreement, subject to budget appropriations.

Description Amount
Initial Term Year 1 of 5 Actual Spend $ 108,288.65
Initial Term Year 2 of 5 Actual Spend $ 354,645.55
Initial Term Year 3 of 5 Actual Spend $ 287,242.70
Initial Term Year 4 of 5 Actual Spend $ 242,159.21
Initial Term Year 5 of 5 Spend to Date $ 332,019.56 Total Actual Spend to Date of Initial Five-Year
Term $ 1,324,355.67
Original Council Approved Not-To-Exceed
Maximum Compensation $ 1,400,000.00
Option 1 & 2 ($652,000 Plus a 15% Contingency) $750,000 Revised Not-to-Exceed Maximum
Compensation $ 2,150,000.00

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Ricoh USA, Inc.
300 Eagleview Blvd
Suite 200
Exton, PA 19341
U.S. Communities Product Schedule
Product Schedule Number:

Master Lease Agreement Number: ~
This U.S. Communities Product Schedule (this “Schedule ”) is between Ricoh USA, Inc. (“we” or “us”) and CITY OF SANTA CLARA, as customer or lessee (“Customer” or “you”). This Schedule constitutes a “Schedule,” “Product Schedule,” or “Order Agreement,” as applicable, under the U.S. Communities Master Lease Agreement (together with any amendments, attachments and addenda thereto, the “Lease Agreement”) identified above, between you and us. All terms and conditions of the Lease Agreement are incorporated into this Schedule and made a part hereof. If we are not the lessor under the Lease Agreement, then, solely for purposes of this Schedule, we shall be deemed to be the lessor under the Lease Agreement. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Schedules to the Lease Agreement.

CUSTOMER INFORMATION
CITY OF SANTA CLARA Raj Singh
Customer (Bill To) Billing Contact Name
1500 WARBURTON AVE 1500 WARBURTON AVE
Product Location Address Billing Address (if different from location address) SANTA CLARA SANTA CLARA CA 95050-3796 SANTA CLARA SANTA CLARA
CA 95050-3796
City County State Zip City County State Zip
Billing Contact Telephone Number
(408)615-5524
Billing Contact Facsimile Number Billing Contact E-Mail Address [email protected]
PRODUCT/EQUIPMENT DESCRIPTION (“Product”)
Qty Product Description: Make& Model Street Address/City/State/Zip 1 [NP] MP 305SPF G586PB00695 601 EL CAMINO REAL 3RD FL POLICE, SANTA CLARA, CA, 95050, US 1 [NP] MP C4504EX C737MB41523 881 MARTIN AVE, SANTA CLARA, CA, 95050-2903, US 1 [NP] MP C4504EX C737M740961 2635 HOMESTEAD RD, SANTA CLARA, CA, 95051-5322, US 1 IM C4500 3129RC00569 601 EL CAMINO REAL 3RD FL POLICE, SANTA CLARA, CA, 95050, US 1 [XXXX] MP C407 COLOR MFP C497P601116 4900 MARIE P DEBARTOLO WAY, SANTA CLARA, CA, 95054-1100, US 1 [NP]MP C6503 (120V) C067C900177 601 EL CAMINO REAL FL 1, SANTA CLARA, CA, 95050-4307, US 1 [XXXX] MP C407 COLOR MFP C497P900634 2635 HOMESTEAD RD FL 2, SANTA CLARA, CA, 95051-5322, US 1 [XXXX]MP C3504EX C727M600193 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [XXXX]MP C2504EX C777R810624 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [XXXX] MP C407 COLOR MFP C497P900738 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [NP]MP C6503 (120V) C067C700074 1303 FREMONT ST, SANTA CLARA, CA, 95050-4734, US 1 [XXXX] MP C407 COLOR MFP C497P600991 2975 LAFAYETTE ST, SANTA CLARA, CA, 95054-3420, US 1 [NP] MP C4504EX C738M941939 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [XXXX]MP C2504EX C777R810426 1675 LINCOLN ST, SANTA CLARA, CA, 95050-4653, US 1 [NP] MP C4504EX C737M741397 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [XXXX]MP C2504EX C777R810610 1705 MARTIN AVE, SANTA CLARA, CA, 95050-2557, US 1 [NP] MP 305SPF G587P901071 2821 HOMESTEAD RD, SANTA CLARA, CA, 95051-5223, US 1 [NP] MP 305SPF G587P901090 1700 WALSH AVE, SANTA CLARA, CA, 95050-2556, US 1 [XXXX] MP C407 COLOR MFP C497P900566 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [XXXX]MP C2504EX C777R810395 601 EL CAMINO REAL 2ND FL POLICE, SANTA CLARA, CA, 95050, US 1 [XXXX]MP C2504EX C777R910361 1405 CIVIC CENTER DR STE 201 IT ADMIN, SANTA CLARA, CA, 95050, US 1 [NP]RICOH MP 3555ASP (SPDF) C317LA00212 1303 FREMONT ST, SANTA CLARA, CA, 95050-4734, US 1 [NP] MP C4504EX C737M742216 601 EL CAMINO REAL 3RD FL POLICE, SANTA CLARA, CA, 95050, US 1 [NP] MP C4504EX C737M741380 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [XXXX] MP C407 COLOR MFP C497P900568 601 EL CAMINO REAL FL 1, SANTA CLARA, CA, 95050-4307, US 1 [XXXX]MP C2504EX C777R910369 881 MARTIN AVE, SANTA CLARA, CA, 95050-2903, US 1 [NP] MP 305SPF G587P901089 1900 WALSH AVE, SANTA CLARA, CA, 95050-2506, US 1 [NP] MP C4504EX C737M641864 1705 MARTIN AVE, SANTA CLARA, CA, 95050-2557, US 1 [XXXX]MP C2504EX C777RA10132 1705 MARTIN AVE, SANTA CLARA, CA, 95050-2557, US 1 [XXXX]MP C2504EX C777R910340 2446 CABRILLO AVE, SANTA CLARA, CA, 95051-1880, US 1 [NP]RICOH MP 3555ASP (SPDF) C317LB00073 969 KIELY BLVD, SANTA CLARA, CA, 95051-5002, US 1 [NP] MP C4504EX C737MB41534 881 MARTIN AVE, SANTA CLARA, CA, 95050-2903, US 1 [XXXX]MP C2504EX C777R910297 695 MORELAND WAY, SANTA CLARA, CA, 95054-5134, US DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209

EXHIBIT F
RICOH
I I
1111 IIIBBII II I
LSEADD USC-PS 08.19 Ricoh® and the Ricoh Logo are registered trademarks of Ricoh Company, Ltd. Page 2 of 3 31535971 8/22/2022 1:05 PM 1 IM C2500 3099R100202 1500 CIVIC CENTER DR PLANNING HOUSING, SANTA CLARA, CA, 95050, US
1 [NP] MP 305SPF G586PB03497 3011 CORVIN DR, SANTA CLARA, CA, 95051-0724, US 1 [XXXX] MP C407 COLOR MFP C497P900715 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [XXXX]MP C2504EX C777R810491 601 EL CAMINO REAL 2ND FL POLICE, SANTA CLARA, CA, 95050, US 1 [NP] MP C4504EX C737M642222 1700 WALSH AVE, SANTA CLARA, CA, 95050-2556, US 1 [XXXX]MP C2504EX C777R810429 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [XXXX]MP C2004EX C768R710050 1098 LEXINGTON ST, SANTA CLARA, CA, 95050-5443, US 1 [XXXX]MP C2504EX C777R810471 1675 LINCOLN ST FIRE COURT HOUSE, SANTA CLARA, CA, 95050, US 1 [NP]RICOH MP 2555ASP (SPDF) C297R900342 1700 WALSH AVE, SANTA CLARA, CA, 95050-2556, US 1 RICOH IM C400F 3910P101839 750 REED ST., SANTA CLARA, CA, 95050, US 1 [NP]MP C6503 (120V) C067C400015 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [NP]MP C6503 (120V) C067C800073 881 MARTIN AVE, SANTA CLARA, CA, 95050-2903, US 1 [XXXX]MP C3504EX C727M810534 2635 HOMESTEAD RD, SANTA CLARA, CA, 95051-5322, US 1 [NP]MP C6503 (120V) C067C900133 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [XXXX]MP C2504EX C777R910309 2600 BENTON ST SVC CTR ADMIN, SANTA CLARA, CA, 95051, US 1 [NP] MP C4504EX C737MB40148 1705 MARTIN AVE, SANTA CLARA, CA, 95050-2557, US 1 [XXXX]MP C2504EX C777RA10124 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [XXXX] MP C6004EX C757M820316 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [NP] MP 305SPF G586PB03406 3495 BENTON ST, SANTA CLARA, CA, 95051-4409, US 1 [NP] MP C4504EX C737M640928 601 EL CAMINO REAL 3RD FL POLICE, SANTA CLARA, CA, 95050, US 1 IM C2500 3090R400526 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [NP] MP C4504EX C737MB41527 850 DUANE AVE, SANTA CLARA, CA, 95054-3410, US 1 [NP] MP 305SPF G586PB03404 1912 BOWERS AVE, SANTA CLARA, CA, 95051-1826, US 1 [NP]RICOH MP 2555ASP (SPDF) C297R900606 3992 RIVERMARK PKWY POLICE SUBSTN, SANTA CLARA, CA, 95054, US 1 [XXXX]MP C3504EX C727M810562 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [NP] MP 305SPF G586PB00691 777 BENTON ST, SANTA CLARA, CA, 95050-4926, US 1 [NP] MP 305SPF G586PB03409 2600 BENTON ST SVC CTR ADMIN, SANTA CLARA, CA, 95051, US 1 [NP] MP C4504EX C737M441526 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [NP] MP 305SPF G586PB03407 888 AGNEW RD, SANTA CLARA, CA, 95054-1787, US 1 [XXXX] MP C407 COLOR MFP C497P700600 4900 MARIE P DEBARTOLO WAY, SANTA CLARA, CA, 95054-1100, US 1 [XXXX]MP C3504EX C727MA10231 1900 WALSH AVE, SANTA CLARA, CA, 95050-2506, US 1 [NP] MP 305SPF G586PB03410 5111 STARS AND STRIPES DR, SANTA CLARA, CA, 95054-1018, US 1 [XXXX]MP C2504EX C777R810614 1705 MARTIN AVE, SANTA CLARA, CA, 95050-2557, US 1 [NP] MP C4504EX C737MB41524 881 MARTIN AVE, SANTA CLARA, CA, 95050-2903, US 1 [XXXX]MP C3504EX C727M700979 601 EL CAMINO REAL 1ST FL DISPATCH, SANTA CLARA, CA, 95050, US 1 [XXXX] MP C6004EX C757M820378 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [NP] MP C4504EX C737M741379 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [XXXX] MP C407 COLOR MFP C497P601072 524 ROBERT AVE SVP COGENT POWER STN, SANTA CLARA, CA, 95050, US 1 [XXXX]MP C2504EX C777R910289 2450 CABRILLO AVE, SANTA CLARA, CA, 95051-1880, US 1 [XXXX]MP C2504EX C777RA10079 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [NP] MP C4504EX C737M641130 601 EL CAMINO REAL FL 1, SANTA CLARA, CA, 95050-4307, US 1 [XXXX]MP C3504EX C727M700968 777 BENTON ST, SANTA CLARA, CA, 95050-4926, US 1 [XXXX]MP C2504EX C777R710608 1705 MARTIN AVE, SANTA CLARA, CA, 95050-2557, US 1 [NP] MP C4504EX C737M940952 2635 HOMESTEAD RD FL 2, SANTA CLARA, CA, 95051-5322, US 1 [NP]MP C6503 (120V) C067C900365 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [XXXX]MP C2504EX C777R610005 1900 WALSH AVE 2ND FL FIRE TRAINING, SANTA CLARA, CA, 95050, US 1 [XXXX]]MP 7503SP (120V) G667L300143 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [NP] MP 305SPF G586PB00569 601 EL CAMINO REAL FL 1, SANTA CLARA, CA, 95050-4307, US 1 [XXXX]MP C2504EX C777R410679 601 EL CAMINO REAL FL 1, SANTA CLARA, CA, 95050-4307, US 1 [NP] MP 305SPF G586PB03403 2400 AGNEW RD, SANTA CLARA, CA, 95054-1202, US 1 [XXXX] MP C6004EX C757M820346 1675 LINCOLN ST FIRE COURT HOUSE, SANTA CLARA, CA, 95050, US 1 [XXXX]MP C2504EX C777R810424 1705 MARTIN AVE, SANTA CLARA, CA, 95050-2557, US 1 [XXXX] MP C407 COLOR MFP C498PA00178 2450 CABRILLO AVE, SANTA CLARA, CA, 95051-1880, US 1 [NP] MP C4504EX C737M741396 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [XXXX]MP C2504EX C777RA10225 1705 MARTIN AVE, SANTA CLARA, CA, 95050-2557, US 1 [XXXX]MP C2504EX C777R810186 1405 CIVIC CENTER DR STE 211, SANTA CLARA, CA, 95050-4622, US 1 [NP]RICOH MP 2555ASP (SPDF) C297R900545 601 EL CAMINO REAL FL 1, SANTA CLARA, CA, 95050-4307, US 1 [NP] MP C4504EX C737M742220 969 KIELY BLVD, SANTA CLARA, CA, 95051-5002, US 1 [NP] MP 305SPF G586PB00693 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [NP] MP C4504EX C737M641135 1177 ALVISO ST, SANTA CLARA, CA, 95050-4837, US 1 [NP]RICOH MP 5055SP C336RC00266 601 EL CAMINO REAL FL 1, SANTA CLARA, CA, 95050-4307, US 1 [XXXX]MP C2504EX C777R810546 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US 1 [XXXX]MP C2504EX C777R410380 601 EL CAMINO REAL 2ND FL POLICE, SANTA CLARA, CA, 95050, US 1 [NP] MP 305SPF G586PB00694 2323 PRUNERIDGE AVE, SANTA CLARA, CA, 95050-6432, US 1 [XXXX] MP C407 COLOR MFP C497P600817 2975 LAFAYETTE ST, SANTA CLARA, CA, 95054-3420, US 1 [XXXX]MP C2504EX C777R710615 1705 MARTIN AVE, SANTA CLARA, CA, 95050-2557, US 1 [NP]MP C6503 (120V) C067C900026 1500 WARBURTON AVE, SANTA CLARA, CA, 95050-3796, US

PAYMENT SCHEDULE

DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 1111 IIIBBII II I
LSEADD USC-PS 08.19 Ricoh® and the Ricoh Logo are registered trademarks of Ricoh Company, Ltd. Page 3 of 3 31535971 8/22/2022 1:05 PM Minimum Term
(months)
Minimum Payment
(Without Tax)

24 $13,366.84

Minimum Payment Billing Frequency

☑ Monthly
☐ Quarterly
☐ Other: ____________________

Advance Payment

1st Payment
1st & Last Payment
Other: _______________________

Sales Tax Exempt: ☐ YES (Attach Exemption Certificate) Customer Billing Reference Number (P.O. #, etc.)

Addendum(s) attached: ☐ YES (check if yes and indicate total number of pages: )

TERMS AND CONDITIONS

1. The first Payment will be due on the Effective Date. If the Lease Agreement uses the terms “Lease Payment” and “Commencement Date” rather than “Payment” and “Effective Date,” then, for purposes of this Schedule, the term “Payment” shall have the same meaning as “Lease Payment,” and the term “Effective Date” shall have the same meaning as “Commencement Date.”

2. You, the undersigned Customer, have applied to us to rent the above-described Product for lawful commercial (non-consumer) purposes. THIS IS AN UNCONDITIONAL, NON-CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE, except as otherwise expressly provided in any provision of the Lease Agreement. If we accept this Schedule, you agree to rent the above Product from us, and we agree to rent such Product to you, on all the terms hereof, including the terms and conditions of the Lease Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND

UNDERSTAND THIS SCHEDULE AND THE LEASE AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE LEASE AGREEMENT.

3. Additional Provisions (if any) are: Per US Communities Contract 4400003732 ______________________________________________________________________________________________________________________________

\i1\
_______
Initials

THE PERSON SIGNING THIS SCHEDULE ON BEHALF OF THE CUSTOMER REPRESENTS THAT HE/SHE HAS THE AUTHORITY TO DO SO.

CUSTOMER

By: \s1\
X_______________________________________________________________ Authorized Signer Signature

\SignerName1\
Printed Name: _____________________________________________________

\SignerTitle1\ \d1\ Title: __________________________________________Date: _____________

Accepted by: RICOH USA, INC.

By: {
X_______________________________________________________________ Authorized Signer Signature

{
Printed Name: _____________________________________________________

{
Title: __________________________________________Date: _____________

DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 Theresa Porter
E I I L----1 _I I.______§_
1111 111111BII II I

8/22/2022
Version#1.1

ORDER AGREEMENT
Sales Type: LEASE

ORDER AGREEMENT CONSISTS OF THIS PAGE AND THE TERMS AND CONDITIONS ATTACHED

EQUIPMENT BILL TO INFORMATION
Customer Legal Name: CITY OF SANTA CLARA
Address Line 1: 1500 WARBURTON AVE Contact: Raj Singh
Address Line 2: Phone: (408)615-5524
City: SANTA CLARA E-mail: [email protected]
ST/Zip: CA/95050-3796 County: SANTA
CLARA
Fax:

Check all that apply:
☐ PO Included PO# ☐ PS Service (Subject to and governed by additional Terms and Conditions)
☐ TS PO# (if applicable) ☐ IT Service (Subject to and governed by additional Terms and Conditions)
☐ Sales Tax Exempt (Attach Valid Exemption Certificate) ☑ Fixed Rate Service Term 24 Months ☐ Syndication
☐ Add to Existing Service Contract #

SERVICE INFORMATION

SERVICE BILL TO INFORMATION
Customer Legal Name: CITY OF SANTA CLARA
Address Line 1: 1500 WARBURTON AVE Contact: Raj Singh
Address Line 2: Phone: (408)615-5524
City: SANTA CLARA E-mail: [email protected]
ST/Zip: CA/95050-3796 County: SANTA
CLARA
Fax:

Service Term (Months) Base Billing Frequency Overage Billing Frequency Service Type 24 QUARTERLY QUARTERLY SILVER

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 2450 CABRILLO AVE SANTA CLARA
CA/95051-1880

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R910289
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209

EXHIBIT G
RICOH
I
I
I I I
I I I
1111 BIIJBll 111

8/22/2022
Version#1.1

Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP 305SPF
G586PB00693
1 SILVER 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 601 EL CAMINO REAL FL 1
POLICE

SANTA CLARA
CA/95050-4307

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP]RICOH MP 2555ASP
(SPDF) C297R900545
1 GOLD 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 881 MARTIN AVE

SANTA CLARA
CA/95050-2903

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R910369
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 CIVIC CENTER DR

PLANNING HOUSING

COMMUNITY SVC

SANTA CLARA
CA/95050

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
IM C2500 3099R100202 1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE SANTA CLARA Raj Singh (408)615-5524 DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 1111 liltilBll 111

8/22/2022
Version#1.1

CA/95050-3796

SANTA CLARA
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX] MP C407 COLOR
MFP
C497P900738
1 SILVER 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1705 MARTIN AVE

SANTA CLARA
CA/95050-2557

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777RA10225
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

PLANNING PERMIT CTR

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C3504EX
C727M600193
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

FINANCE DEPARTMENT

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C3504EX
C727M810562
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 2635 HOMESTEAD RD FL 2

LIBRARY CENTRAL PARK

SANTA CLARA
CA/95051-5322

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 I I
1111 BtllBII II I

8/22/2022
Version#1.1

Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX] MP C407 COLOR
MFP
C497P900634
1 SILVER 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 4900 MARIE P DEBARTOLO
WAY

SANTA CLARA
CA/95054-1100

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX] MP C407 COLOR
MFP
C497P601116
1 SILVER 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 3495 BENTON ST

SANTA CLARA
CA/95051-4409

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP 305SPF
G586PB03406
1 SILVER 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1705 MARTIN AVE

SANTA CLARA
CA/95050-2557

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R810424
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1705 MARTIN AVE

SANTA CLARA
CA/95050-2557

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance B/W Ovg
Total Color
Allowance Color
Ovg
Service Base

QUARTERLY
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209

I I I I
1111 BRIIBII II I

8/22/2022
Version#1.1

QUARTERLY QUARTERLY
[XXXX]MP C2504EX
C777RA10132
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 601 EL CAMINO REAL FL 1
POLICE

SANTA CLARA
CA/95050-4307

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX] MP C407 COLOR
MFP
C497P900568
1 SILVER 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1098 LEXINGTON ST

SANTA CLARA
CA/95050-5443

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2004EX
C768R710050
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 2975 LAFAYETTE ST

SANTA CLARA
CA/95054-3420

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX] MP C407 COLOR
MFP
C497P600817
1 SILVER 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R810429
1 GOLD 0 0.0055 0 0.048 $0.00

DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 1111 BJJIBll 111

8/22/2022
Version#1.1

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R810624
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 601 EL CAMINO REAL FL 1
POLICE

SANTA CLARA
CA/95050-4307

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
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Level
Total B/W
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QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R410679
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 969 KIELY BLVD

SANTA CLARA
CA/95051-5002

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP]RICOH MP 3555ASP
(SPDF) C317LB00073
1 GOLD 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 850 DUANE AVE

SANTA CLARA
CA/95054-3410

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
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QUARTERLY
B/W Ovg
Total Color
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QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737MB41527
1 GOLD 0 0.0055 0 0.048 $0.00

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Customer Name Address Line 1 City Contact Phone
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 1111 BtllBII II I

8/22/2022
Version#1.1

Address Line 2 ST/Zip
County
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

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QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C738M941939
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 881 MARTIN AVE

SANTA CLARA
CA/95050-2903

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
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QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP]MP C6503 (120V)
C067C800073
1 GOLD 0 0.0055 0 0.0447 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 5111 STARS AND STRIPES DR

SANTA CLARA
CA/95054-1018

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP 305SPF
G586PB03410
1 SILVER 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1900 WALSH AVE 2ND FL FIRE

TRAINING

SANTA CLARA
CA/95050

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R610005
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 777 BENTON ST SANTA CLARA Raj Singh (408)615-5524 DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 1111111-BII II I

8/22/2022
Version#1.1

FIRE CA/95050-4926

SANTA CLARA
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP 305SPF
G586PB00691
1 SILVER 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737M741380
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 601 EL CAMINO REAL 2ND FL
POLICE

SANTA CLARA
CA/95050

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R810491
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1675 LINCOLN ST FIRE

COURT HOUSE

SANTA CLARA
CA/95050

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX] MP C6004EX
C757M820346
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 I I
llll lil'1JBII II I

8/22/2022
Version#1.1

Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777RA10124
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1700 WALSH AVE

SANTA CLARA
CA/95050-2556

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP 305SPF
G587P901090
1 SILVER 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 2635 HOMESTEAD RD

LIBRARY CENTRAL PARK

SANTA CLARA
CA/95051-5322

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737M740961
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 881 MARTIN AVE

SANTA CLARA
CA/95050-2903

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737MB41523
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance B/W Ovg
Total Color
Allowance Color
Ovg
Service Base

QUARTERLY
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209

I I I I
1111 BIIIBll 111

8/22/2022
Version#1.1

QUARTERLY QUARTERLY
[XXXX] MP C6004EX
C757M820316
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 601 EL CAMINO REAL FL 1
POLICE

SANTA CLARA
CA/95050-4307

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP 305SPF
G586PB00569
1 SILVER 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1177 ALVISO ST

SANTA CLARA
CA/95050-4837

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737M641135
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737M741396
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 601 EL CAMINO REAL FL 1
POLICE

SANTA CLARA
CA/95050-4307

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737M641130
1 GOLD 0 0.0055 0 0.048 $0.00

DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 1111 REBll 111

8/22/2022
Version#1.1

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 2446 CABRILLO AVE

SANTA CLARA
CA/95051-1880

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R910340
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 881 MARTIN AVE

SANTA CLARA
CA/95050-2903

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737MB41534
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 2600 BENTON ST SVC CTR
ADMIN

SANTA CLARA
CA/95051

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R910309
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 601 EL CAMINO REAL FL 1

POLICE RECORDS

SANTA CLARA
CA/95050-4307

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP]MP C6503 (120V)
C067C900177
1 GOLD 0 0.0055 0 0.0447 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1 City Contact Phone
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 1111 REBII II I

8/22/2022
Version#1.1

Address Line 2 ST/Zip
County
E-mail
Fax
CITY OF SANTA CLARA 881 MARTIN AVE

SANTA CLARA
CA/95050-2903

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737MB41524
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 3011 CORVIN DR

SANTA CLARA
CA/95051-0724

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP 305SPF
G586PB03497
1 SILVER 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 750 REED ST.

SANTA CLARA
CA/95050

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
RICOH IM C400F
3910P101839
1 SILVER 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 777 BENTON ST
FIRE

SANTA CLARA
CA/95050-4926

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C3504EX
C727M700968
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 1111 RIEBll 111

8/22/2022
Version#1.1

CITY OF SANTA CLARA 1675 LINCOLN ST FIRE

COURT HOUSE

SANTA CLARA
CA/95050

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R810471
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 2450 CABRILLO AVE

SANTA CLARA
CA/95051-1880

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX] MP C407 COLOR
MFP
C498PA00178
1 SILVER 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

PLANNING

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP]MP C6503 (120V)
C067C900026
1 GOLD 0 0.0055 0 0.0447 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 2323 PRUNERIDGE AVE

SANTA CLARA
CA/95050-6432

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP 305SPF
G586PB00694
1 SILVER 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 888 AGNEW RD

SANTA CLARA
CA/95054-1787

SANTA CLARA
Raj Singh (408)615-5524
[email protected]
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 I I
1111 REBII II I

8/22/2022
Version#1.1

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP 305SPF
G586PB03407
1 SILVER 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 601 EL CAMINO REAL 3RD FL
POLICE

SANTA CLARA
CA/95050

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP 305SPF
G586PB00695
1 SILVER 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1705 MARTIN AVE

SANTA CLARA
CA/95050-2557

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R810610
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 695 MORELAND WAY

SANTA CLARA
CA/95054-5134

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R910297
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1705 MARTIN AVE

SANTA CLARA
CA/95050-2557

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 1111 REBll 111

8/22/2022
Version#1.1

Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R710608
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1705 MARTIN AVE

SANTA CLARA
CA/95050-2557

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737MB40148
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

CITY ATTORNEY

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737M441526
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP]MP C6503 (120V)
C067C900133
1 GOLD 0 0.0055 0 0.0447 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance B/W Ovg
Total Color
Allowance Color
Ovg
Service Base

QUARTERLY
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209

I I I I
1111 RIIIBll 111

8/22/2022
Version#1.1

QUARTERLY QUARTERLY
[XXXX]MP C2504EX
C777RA10079
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX] MP C407 COLOR
MFP
C497P900715
1 SILVER 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
IM C2500 3090R400526 1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 601 EL CAMINO REAL 2ND FL
POLICE

SANTA CLARA
CA/95050

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R810395
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1705 MARTIN AVE

SANTA CLARA
CA/95050-2557

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R710615
1 GOLD 0 0.0055 0 0.048 $0.00

DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 1111 REBll 111

8/22/2022
Version#1.1

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 524 ROBERT AVE SVP

COGENT POWER
STN

SANTA CLARA
CA/95050

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX] MP C407 COLOR
MFP
C497P601072
1 SILVER 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737M741397
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737M741379
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 4900 MARIE P DEBARTOLO
WAY

SANTA CLARA
CA/95054-1100

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX] MP C407 COLOR
MFP
C497P700600
1 SILVER 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
Contact Phone
E-mail
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209I I I I 1111 RIIIBll 111

8/22/2022
Version#1.1

County Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

FINANCE DEPARTMENT

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP]MP C6503 (120V)
C067C900365
1 GOLD 0 0.0055 0 0.0447 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 2635 HOMESTEAD RD FL 2

LIBRARY CENTRAL PARK

SANTA CLARA
CA/95051-5322

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737M940952
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX] MP C407 COLOR
MFP
C497P900566
1 SILVER 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 2635 HOMESTEAD RD

LIBRARY CENTRAL PARK

SANTA CLARA
CA/95051-5322

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C3504EX
C727M810534
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 2821 HOMESTEAD RD

SANTA CLARA
CA/95051-5223 Raj Singh (408)615-5524
[email protected]
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 1111 RIRBll 111

8/22/2022
Version#1.1

SANTA CLARA

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP 305SPF
G587P901071
1 SILVER 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1912 BOWERS AVE

SANTA CLARA
CA/95051-1826

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP 305SPF
G586PB03404
1 SILVER 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 2400 AGNEW RD

SANTA CLARA
CA/95054-1202

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP 305SPF
G586PB03403
1 SILVER 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP]MP C6503 (120V)
C067C400015
1 GOLD 0 0.0055 0 0.0447 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1705 MARTIN AVE

SANTA CLARA
CA/95050-2557

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 I I
1111 RIIIBll 111

8/22/2022
Version#1.1

Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737M641864
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1675 LINCOLN ST

PUBLIC WORKS COURT
HOUSE

SANTA CLARA
CA/95050-4653

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R810426
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 601 EL CAMINO REAL 3RD FL
POLICE

SANTA CLARA
CA/95050

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737M640928
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 601 EL CAMINO REAL FL 1

POLICE RECORDS

SANTA CLARA
CA/95050-4307

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP]RICOH MP 5055SP
C336RC00266
1 GOLD 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 2975 LAFAYETTE ST

SANTA CLARA
CA/95054-3420

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance B/W Ovg
Total Color
Allowance Color
Ovg
Service Base

QUARTERLY
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209

I I I I
1111 REBll 111

8/22/2022
Version#1.1

QUARTERLY QUARTERLY
[XXXX] MP C407 COLOR
MFP
C497P600991
1 SILVER 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1700 WALSH AVE

SANTA CLARA
CA/95050-2556

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737M642222
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1700 WALSH AVE

SANTA CLARA
CA/95050-2556

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP]RICOH MP 2555ASP
(SPDF) C297R900342
1 GOLD 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 601 EL CAMINO REAL 3RD FL
POLICE

SANTA CLARA
CA/95050

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
IM C4500 3129RC00569 1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R810546
1 GOLD 0 0.0055 0 0.048 $0.00

DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 1111 REBII II I

8/22/2022
Version#1.1

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]]MP 7503SP (120V)
G667L300143
1 GOLD 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 601 EL CAMINO REAL 1ST FL

DISPATCH
POLICE

SANTA CLARA
CA/95050

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C3504EX
C727M700979
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 3992 RIVERMARK PKWY

POLICE SUBSTN

SANTA CLARA
CA/95054

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP]RICOH MP 2555ASP
(SPDF) C297R900606
1 GOLD 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 969 KIELY BLVD

SANTA CLARA
CA/95051-5002

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737M742220
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
Contact Phone
E-mail
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209I I I I 1111 REBll 111

8/22/2022
Version#1.1

County Fax
CITY OF SANTA CLARA 1405 CIVIC CENTER DR STE
201 IT
ADMIN

SANTA CLARA
CA/95050

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R910361
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1900 WALSH AVE

FIRE TRAINING CENTER

SANTA CLARA
CA/95050-2506

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C3504EX
C727MA10231
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1900 WALSH AVE

FIRE TRAINING CENTER

SANTA CLARA
CA/95050-2506

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP 305SPF
G587P901089
1 SILVER 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 601 EL CAMINO REAL 3RD FL
POLICE

SANTA CLARA
CA/95050

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP C4504EX
C737M742216
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1705 MARTIN AVE

SANTA CLARA
CA/95050-2557 Raj Singh (408)615-5524
[email protected]
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 1111 REBll 111

8/22/2022
Version#1.1

SANTA CLARA

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R810614
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1303 FREMONT ST

PARKS REC SENIOR CTR

SANTA CLARA
CA/95050-4734

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP]MP C6503 (120V)
C067C700074
1 GOLD 0 0.0055 0 0.0447 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1500 WARBURTON AVE

SANTA CLARA
CA/95050-3796

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX] MP C6004EX
C757M820378
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 601 EL CAMINO REAL 2ND FL
POLICE

SANTA CLARA
CA/95050

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R410380
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 2600 BENTON ST SVC CTR
ADMIN

SANTA CLARA
CA/95051

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 I I
1111 REBll 111

8/22/2022
Version#1.1

Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP] MP 305SPF
G586PB03409
1 SILVER 0 0.0055 0 0 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1405 CIVIC CENTER DR STE
211

SANTA CLARA
CA/95050-4622

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[XXXX]MP C2504EX
C777R810186
1 GOLD 0 0.0055 0 0.048 $0.00

SHIP TO INFORMATION
Customer Name Address Line 1
Address Line 2
City
ST/Zip
County
Contact Phone
E-mail
Fax
CITY OF SANTA CLARA 1303 FREMONT ST

PARKS REC SENIOR CTR

SANTA CLARA
CA/95050-4734

SANTA CLARA
Raj Singh (408)615-5524
[email protected]

PRODUCT INFORMATION
Product Description QTY Service
Level
Total B/W
Allowance

QUARTERLY
B/W Ovg
Total Color
Allowance

QUARTERLY
Color
Ovg
Service Base

QUARTERLY
[NP]RICOH MP 3555ASP
(SPDF) C317LA00212
1 GOLD 0 0.0055 0 0 $0.00

DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209

I I I I
1111 REBII II I

8/22/2022
Version#1.1

ORDER TOTALS
Service Type Offerings: Product Total:

Gold: Includes all supplies and staples. Excludes paper.

BASIC

CONNECTIVITY / PS
/ IT
Services :

Silver: Includes all supplies. Excludes paper and staples.

BuyOut After
Promotions:

Bronze: Parts and labor only. Excludes paper, staples and supplies.

Additional Provisions: Insert ANY additional provisions here Grand Total:
(Excludes Tax)
Per US Communities Contract 4400003732

Accepted by Customer Accepted: Ricoh USA, Inc.

Authorized Signature:

\s1\

Authorized Signature:

Printed Name: \SignerName1\ Printed Name:

Title: \SignerTitle1\ Title:

Date:\d1\ Date:\d1\

\i1\
_____
Initials

DocuSign Envelope ID: D7B24799-210A-4E53-9F60-C04B54A15209 Theresa Porter
1111 RIJ.IBll 111
Cityof ·
Santa Clara
The Cen ter of What 's Possibl e
Date:

To:

From:

September 26, 2017
City Manager f6r Council Action
Director of Information Technology/CIO
I AGENDA ITEM #:

AGENDA REPORT
Subject: Approval of an Agreement for the Performance of Services with Ricoh USA, Inc. for Citywide Leases and Maintenance of Copier/Multi-Function Devices

EXECUTIVE SUMMARY
The City currently utilizes Ricoh USA, Inc. to provide and maintain 80 copiers throughout the City at an annual cost of approximately $260,000. The copier/multi-function devices are used to perform a range of print output functions from basic copying to scanning, printing and faxing.

Ricoh was selected through a competitive RFP process in August 2011. In advance of the · contract term end, staff has reviewed vendor performance , assessed citywide print needs and looked at available competitively bid cooperative purchasing agreements the City could utilize to procure these same services. Through U.S. Communities, a national cooperative government purchasing program, the City can procure Ricoh equipment lease and maintenance services at competitive rates. The proposed pricing plan for lease and per page costs are lower than the City received through the original RFP process . As per the proposed lease agreement, the number of units leased would increase by 17% while the monthly lease pricing would remain approximately the same. Similarly , the print usage rates negotiated through the U.S. Communities program would further reduce the monthly us~ cost range by 7-19% per page based on print format.

Based on this thorough process, staff recommends awarding the copier/multi-function lease and maintenance contract to Ricoh USA, Inc. for a five-year term , with the option for two one-year extensions at the City's discretion. Staff reviewed options for lease terms and is recommending the five-year option because it is 42% less per year than the three-year and 18% less per year than the four-year term. It is desirable that these types of service contracts be long term to negotiate better terms, and to ensure consistency of equipment and service. Past City copier/multi -function lease agreements have been in the four-year range with additional option years . As is true with multi-year agreements, the execution of the term of this Agreement is contingent on annual Council budget appropriations.

A copy of the Agreement for Performance of Services with Ricoh USA, Inc. can be viewed on the City's website and is available in the City Clerk's Office for review during normal business hours.

ADVANTAGES AND DISADVANTAGES OF ISSUE
U.S. Communities is a cooperative program co-sponsored by the National League of Cities, the Association of School Business Officials, the United States Conference of Mayors, and the National Governors Association . By leveraging the U.S. Communities cooperative government purchasing program to procure these services from Ricoh USA, the ·City can benefit from highly competitive pricing while reducing the costs. The proposed lease would enable a complete replacement of copier/print equipment , ensure consistency of vendor services and add innovative technology features for office efficiency and mobility use. Moving print usage to shared multifunctional devices and retiring old equipment has resulted in not only reduced costs for the Subject: Approval o ' ...... Agreement for the Performance of S~r ,.,ices with Ricoh USA, Inc. for Citywide Leases and Maintenance of Copier/Multi-Function Devices

City through operational budget savings , but in staff time and production as billing and invoicing processes are more streamlined.

The disadvantages of not proceeding with the Ricoh USA lease and maintenance agreement would include increased equipment service costs and inefficiencies of staff in daily office tasks.

ECONOMIC/FISCAL IMPACT
Exact costs for the copier contract are difficult to predict due to fluctuations in annual print usage.

Estimates based on the last three fiscal years' usage indicate a cost of approximately $260,000 per year. In order to build in a contingency for fluctuating usage costs, the proposed agreement for FY 2017-18 will not exceed $280,000 dollars. Appropriations are available in various funds and departments ' operating budgets; $214,500 from the General Fund; $52,550 from the Electric Utility Fund; $4,650 from the Water Utility Fund; $3,200 from the Sewer Utility Fund; $2,600 from Automotive Services; and $2,500 from the Santa Clara Stadium Authority Fund.

RECOMMENDATION
Th_at the Council approve and authorize the City Manager to execute the Agreement for the Performance of Services with Ricoh USA, Inc. for Citywide Leases and Maintenance of Copier/Multi-Function Devices in an amount not to exceed $1,400 ,000 ending August 31, 2022, and a~ ry for agreement execution.
~ Certified as to Availability of Fu~f.. /!C,-
Gaurav Garg General 001-xxxx-87xxx $214 ,500.00
Director of Information Technology/CIC Electric 091-13xx-87500 $ 52,550.00 Rajee Batra
City Manager
Documents Related to this Report:

Water 092-1411 -87500 $ 4,650.00
094-1511-87500 $ 3,200.00
053-2123-87500 $ 2,600.00
70-8345-87800 $ 2,500.00 01{ 'tC-
Acting Director of Finance
Agreement for the Performance of Services with Ricoh USA, Inc. / I
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COUNCIL AND AUTHORITIES

AGENDA MATERIAL ROUTE SHEET
Council Date: 9/26/17 ...;a.;..a='-'-'-----
I
SUBJECT: Approval of an Agreement for the Performance of Services with Ricoh USA, Inc. for Citywide Leases and Maintenance of Copier/Multi-Function Devices PUBLICATION REQUIRED:

The attached Notice/Resolution/Ordinance is to be published ___ time(s) at least ___ days before the scheduled meeting/public hearing/bid opening/etc., which is scheduled for __ _ AUTHORITY SOURCE FOR PUBLICATION REQUIREMENT:

Federal Codes : California Codes :

Title ___ U.S. C. § __ _ Code ___ § __ _
(Titles run 1 through 50) (i.e., Government, Street and Highway, Public Resourc es) Federal Regulations: California Regulations:

Title ___ C.F.R. § __ _
(Titles run 1 through 50)
Title ___ California Code of Regulations § __ _
(Titles run 1 through 28)
City Regulations:

City Charter§__ City Code § __
(i.e., 1310. Public Wotks Contracts. Notice published at least once at least ten days before bid opening) Reviewed and approved :

1. As to City Functions, by

2. Reviewed by

3. As to Environmental Impact Requirements , by N/A
Director of Community Development

4. As to Substance, by
City Manager
* Agenda Material Route Sheet required for all agreements , contracts, resolutions, ordinances, notices requiring publication, master plan reports and grant applications C:\(S)Drive\AgendaReportProcessing\FomisAndlnformation\WhiteRouteSheetForAgendaMaterial.doc Rev . Date 01 -18-17 )
C (
EBIX Insurance No . S200002432

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANT A CLARA, CALIFORNIA,
AND
RICOH USA, INC.

PREAMBLE
This agreement for the performance of services ("Agreement") is by and between Ricoh USA, Inc., an Ohio corporation, with its principal place of business located at 70 Valley Stream Parkway, Malvern, Pennsylvania 19355, ("Contractor"), and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050 ("City"). City and Contractor may be refened to individually as a "Pmty" or collectively as the "Parties" or the "Parties to this Agreement." This Agreement is executed pursuant to the contract by and between Ricoh USA, Inc. (successor-in­ interest to Ricoh Americas Corporation) and Fairfax County (the "County") on behalf of the U.S.

Communities Government Purchasing Alliance and all public agencies, non-profits and higher education entities ("Pmticipating Public Agencies"),-having a Contract ID number of 4400003732 and the contract period is from February 11, 2013 to June 30, 2019, with the option to renew for no more than three (3) years (the "Contract Period"), one year at a time, or any combination thereof (the "Contract"). Notwithstanding the foregoing, any Agreement and Order entered into during the Contract Period shall continue in full force and effect for the entire term set fo1th in the Order.

To the extent that City purchases or leases Equipment from Contractor under the Contract and also desires for Contractor to provide maintenance services for such Equipment under the order (the "Order" or "Order F01m"), then the terms and conditions of this Agreement shall apply. This Agreement shall consist of the terms and conditions of the Contract and this Agreement. As it pertains to this Agreement, the order bf precedence of the component paits of.the Agreement shall be as follows: (a) the terms and conditions ofthis Agreement and (b) the te1ms and conditions of the Contract. The foregoing order of precedence shall govern the interpretation of this Agreement in cases of conflict or inconsistency therein.

RECITALS
A. City desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services"; and
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide ce1tain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Patties have specified herein the te1ms and conditions under which such services will be provided and paid for.

Agreement for the Performance of Services/ Ricoh USA, Inc. Page I of 8 Rev. 02/01/15 94300vl
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The Patties agree as follows :

AGREEMENT PROVISIONS

1. EMPLOYMENT OF CONTRACTOR.

City hereby employs Contractor to perform services set fo1ih in this Agreement. To accomplish that end, City may assign a Project Manager to personally direct the Services to be provided by Contractor and will notify Contractor in writing of City ' s choice. City shall pay for all such materials and services provided which are consistent with the terms of this Agreement.

2. SERVICES TO BE PROVIDED.

Except as specified in this Agreement, Contractor shall furnish all technical and professional services, including labor , material , equipment , transportation , supervision and expe1tise ( collectively refened to as "Services ") to satisfactorily complete the work required by City, subject to this Agreement. The City may lease from Contractor ce1iain items of equipment as set forth in a separate and independent U. S. Communities Master Lease Agreement ("Lease Agreement") that shall be governed solely by its te1ms. Any and all Services related to the maintenance and/or functions performed by Contractor shall be governed by this Agreement. Services to be provided to City are more fully described in Exhibit A entitled "SCOPE OF SERVICES." All of the exhibits referenced in this Agreement are attached and are incorporated by this reference. If there is a conflict between the terms and conditions of the Agreement and an Exhibit , the terms and conditions of an Exhibi t prevail.

3. TERM OF AGREEMENT.

Unless otherwise set fo1ih in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the initial term of this Agreement shall begin on the Effective Date of this Agreement and terminate on August 3 1, 2022.

At the City's option and provided the City is not then in default, this Agreement may be renewed or extended for two (2) additional one (1) year periods. In the event the City desires to renew or extend the Agreement, the City shall deliver written notice to Contractor of such renewal along with any requested modifications of the Agreement at least ninety (90) days before expiration of the then-cunent Te1m.

4. WARRANTY DISCLAIMER.

5. OTHER THAN THE OBLIGATIONS SET FORTH EXPRESSLY IN TIDS

AGREEMENT, CONTRACTOR DISCLAIMS ALL WARRANTIES, EXPRESS OR

IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE, OR FIT~SS FOR A PARTICULAR PURPOSE. CONTRACTOR

SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL OR

CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES

ARISING OUT OF THE USE OR PERFORMANCE OF THE EQUIPMENT OR THE LOSS OF USE OF THE EQUIPMENT. CONTRACTOR'S TOTAL AGGREGATE Agreement for the Performance of Services/ Ricoh USA, Inc. Page 2 of8 Rev. 02/01/15 94300v1
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LIABILITY TO CITY UNDER THE AGREEMENT, IF ANY, SHALL IN NO EVENT

EXCEED THE TOTAL OF THE FEES PAID TO CONTRACTOR IN CONNECTION WITH THE SERVICES.PERFORMANCE OF SERVICES.

Contractor shall perform all requested services in an efficient and expeditious manner and shall work closely with and be guided by City, subject to this Agreement. In regard to the performance of Services, Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors , and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.

Contractor will perform all Services in a safe manner and in accordance with all federal, state and local operation and safety regulations.

6. BUSINESS TAX LICENSE REQUIRED .

Contractor must comply with Santa Clara City Code section 3.40.060, as that section may be amended from time to time or renumbered, which requires that any person who transacts or canies on any business in the City of Santa Clara pay business license tax to the City. A business tax ce1tificate may be obtained by completing the Business Tax Affidavit Form and paying the applicable fee at the Santa Clara City Hall Municipal Services Division.

7. COMPENSATION AND PAYMENT.

In consideration for Contractor ' s complete performance of Services, City shall pay Contractor for all materials provided and services rendered by Contractor as outlined in Exhibit B, entitl ed "SCHEDULE OF FEES."
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month, subject to verification by City. City will pay Contractor within thitiy (30) days of City's receipt of invoice.

8. TERMINATION OF AGREEMENT.

Either Pa1iy may terminate this Agreement without cause by giving the other Party written notice ("Notice of Termination ") which clearly expresses that Pmiy 's intent to te1minate the Agreement. Notice of Termination shall become effective no less than thirty (30) calendar days after a Paiiy receives such notice. After either Party terminates the Agreement , Contractor shall discontinue further services as of the effective date of termination, and City shall pay Contractor for all Services satisfactorily performed up to such date.

9. NO ASSIGNMENT OR SUBCONTRACTING OF AGREEMENT.

City and Contractor bind themselves, their successors and assjgns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.

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10. INDEPENDENT CONTRACTOR.

Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contract01· has full rights, however, to manage its employees in their performance of Services under this Agreement. Contractor is not authorized to bind City to any contracts or other obligations.

11. NO PLEDGING OF CITY'S CREDIT.

Under no circumstances shall Contractor have the authority or power to pledge the credit of City or incur any obligation in the name of City. Contractor shall save and hold haimless the City, its City Council, its officers, employees, boards and commissions for expenses arising out of any unauthorized pledges of City's credit by Contractor under this Agreement.

12. CONFIDENTIALITY OF MATERIAL.

All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents , discussions or other information developed or received by or for Contractor and all other written info1mation submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the perfonnance of the Services nor be disclosed to an entity not connected with perfmmance of the Services. Nothing furnished to Contractor which is (i) otherwise known to Contractor , (ii) becomes generally known to the related industry, (iii) information which at the time of disclosure is in the public domain, (iv) information which, after disclosure becomes pmt of the public domain by publication or otherwise through no fault of Contractor, or (v) information which can be established to have been independently developed and so documented by Contractor or obtained by Contractor from any person not in breach of any confidential obligations to City shall be deemed confidential.

13. USE OF CITY NAME OR EMBLEM.

Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.

14. FAIR EMPLOYMENT.

Contractor shall not discriminate against any employee or applicant for employment because ofrace, color, creed, national origin, gender, sexual orientation, age, disability, religion, ethnic background , or marital status, in violation of state or federal law.

15. HOLD HARMLESS/INDEMNIFICATION.

A. Contractor shall indemnify , keep and save harmless the City, its agents, officials, employees and volunteers against claims of bodily injuries, death, damage to prope1ty, theft, patent claims, suits, liabilities, judgments, cost and expenses which may otherwise accrue against the City in consequence of the performance of this Agreement for the Performance of Services/ Ricoh USA, Inc. Page 4 of8 Rev. 02/01/15 94300vl
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Agreement or which may otherwise result therefrom , to the extent the act was caused through the negligent acts or omissions or willful misconduct of Contractor or -its employees, or that of any Contractor subcontractor or its employees , if any; and Contractor shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgment shall be rendered against the City in any such action, Contractor shall, at its own expense, satisfy and discharge the same.

Contractor expressly understands and agrees that any perf01mance bond _ or insurance protection required by this Agreement, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided.

B. City shall be responsible for its acts or omissions and the acts or omissions of its agents, officials, employees and volunteers.

C. Notwithstanding any other provision of this Agreement, nothing in th.Is Agreement shall be construed to give Contractor any control over decisions relating to choosing the content of information copied or otherwise handled hereunder . City represents that it violates no intellectual property rights or confidentiality agreements of third­ parties by having Contractor perform Services under this Agreement.

D. Without intending to create any limitation relating to the survival of any other provisions of this Agreement , Contractor and City agree that the terms of this paragraph shall sw-vive the expiration or earlier termination of this Agreement.

Each party shall promptly notify the other in the event of the threat or initiation of any claim, demand, action or proceeding to which the indemnification obligations set fmih in this Section may apply.

16. INSURANCE REQUIREMENTS.

During the te1m of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City insurance policies with respect to employees and vehicles assigned to the Perfmmance of Services under this Agreement with coverage amounts, required endorsements, ce1tificates of insurance, and coverage verifications as defined in Exhibit C.

17. AMENDMENTS.

This Agreement may be amended only with the written consent of both Parties .

18. INTEGRATED DOCUMENT .

This Agreement represents the entire agreement between City and Contractor. No other understanding, agreements, conversations, or otherwise, with any representative of City prior to execution of this Agreement shall affect or modify any of the te1ms or obligations of this Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon City.

Agreement for the Performance of Services/ Ricoh USA, Inc. Page 5 of8 Rev. 02/01/15 94300vl
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19. SEVERABILITY CLAUSE.

In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.

20. WAIVER.

Conh·actor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

21. NOTICES.

All notices to the Pmties shall , unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara
Attention: Information Teclmology Depaitment
1500 Warbmton Avenue
Santa Clara, California 95050
or by facsimile at (408) 241-3479
And to Contractor addressed as follows:

And to:

Ricoh USA , Inc.,
70 Valley Stream Parkway
Malvern , Pennsylvania 19355 .

Ricoh USA, Inc
2290 N First Street, Suite 100
San fose, CA 95131
If notice is sent via facsimile, a signed , hard copy of the material shall also be mailed .

The workday the facsimile was sent shall control the date notice was deemed given if there is a facsimile machine generated document on the date of transmission. A facsimile transmitted after I :00 p.m. on a Friday shall be deemed to have been transmitted on the following Monday.

22. CAPTIONS.

The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered or refen-ed to in resolving questions of interpretation .

23. LAW GOVERNING CONTRACT AND VENUE.

This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California . The venue of any suit filed by either Paity shall be vested in Agreement for the Performance of Services/ Ricoh USA, Inc. Page6of8 Rev. 02/01/15 94300vl
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the state courts of the County of Santa Clara, or if appropriate, in the United States District Comi, Northern District of California, San Jose, California.

34. COMPLIANCE WITH ETHICAL STANDARDS.

Contractor shall:

A. Read Exhibit D, entitled "ETHICAL STANDARDS FOR CONTRACTORS

SEEKING TO ENTER INTO AN AGREEMENT WITH THE CITY OF SANTA CLARA, CALIFORNIA"; and,
B. Execute Exhibit E, entitled "AFFIDAVIT OF COMPLIANCE WITH ETHICAL STANDARDS."

35. AFFORDABLE CARE ACT OBLIGATIONS
To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor wanants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.

36. CONFLICT OF INTERESTS.

This Agreement does not prevent either Paiiy from entering into similar agreements with other parties. To prevent a conflict of interest, Contractor ce1iifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code Section 87100 and following, and certifies that it does not lmow of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

This Agreement may be executed in counterpaiis, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrnment; and, the Paiiies agree that signatures on this Agreement, including those transmitted by facsimile, shall be sufficient to bind the Paiiies.

Agreement for the Performance of Services/ Ricoh USA, Inc. Page 7of8 Rev. 02/01/15 94300v1
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The Parties acknowledge and accept the tenns and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. The Effective Date is the date that the final signatory executes the Agreement. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

APPROVED AS TO FORM:
· ~
~ RIAN DOYLE
Interim City Attorney
ATTEST~
ROD DIRIDON, JR.

City Clerk

CITY OF SANT A CLARA, CALIFORNIA
a chartered California mtmicipal corporation

V RAJEEV BATRA
City Manager
"CITY"
1500 Warbmton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
RICOH USA, INC.
an Ohio corporation
Dated: ----"''-----'7~ L-1-----1----------,,, ..,__ __ _ By: - -----=-~ -,-----=-----'_,,"--------- - - --- ------(Signa re of Person executing the Agreement on behalf of Contractor)
Name: Tom Gross
Title: Vice President Managing Director
Local Address: Ricoh USA, Inc.
225 Bush Street, Suite 200
Email Address: San Francisco, CA 94104
Telephone: 707-480-04 71 .
"CONTRACTOR"
Agreement for the Performance of Services/ Ricoh USA, Inc.

Rev . 02/01/15 94300vl