PA# 2020002150
Purchasing Agreement 2020002150
As a result of Request for Proposal #001225-May2019 (University of California Systemwide Flooring), the Agreement to furnish certain goods and services described herein and in the documents referenced herein (“Goods and/or Services”) is made by and between The Regents of the University of California, a California public corporation (“UC”) on behalf of the University of California, and Milliken Services, LLC (“Supplier”). This Agreement is binding only if it is negotiated and executed by an authorized representative with the proper delegation of authority.
1. Statement of Work
Supplier agrees to perform the Services listed in the statement of work attached as Attachment A (“Statement of Work”) and any other documents referenced in the Incorporated Documents section herein, at the prices set forth in the Statement of Work and any other documents referenced in the Incorporated Documents section herein. Unless otherwise provided in the Agreement, UC will not be obligated to purchase a minimum amount of Goods and/or Services from Supplier.
2. Term of Agreement/Termination
A) The initial term of the Agreement will be from April 15th, 2020 through April 14th, 2025 (Initial Term) and is subject to earlier termination as provided below. UC may renew the Agreement for Five (5) successive One (1)-year periods (each, a Renewal Term), by providing Supplier with at least Thirty (30) calendar days’ written notice before the end of the Initial Term or any Renewal Term.
B) UC may terminate the Agreement for convenience by giving Supplier at least 30 calendar days' written notice.
C) UC or Supplier may terminate the Agreement for cause by giving the other party at least 30 days' notice to cure a breach of the Agreement (Cure Period). If the breaching party fails to cure the breach within the Cure Period, the non-breaching party may immediately terminate the Agreement.
3. Purchase Order; Advance Payments
Unless otherwise provided in the Agreement, Supplier may not begin providing Goods and/or Services until UC approves a Purchase Order for the Goods and/or Services.
4. Pricing, Invoicing Method, and Settlement Method and Terms A. Pricing. Refer to Attachment B – UC Price Schedule for Pricing. i. Price Increases – After the first twelve (12) months of the term, or longer term as negotiated between UC and the Supplier, of any resulting contract, the Supplier will have an opportunity to request price increases. Requests for price increases may only be made once a year, in writing, 60 days in advance of the contract anniversary date.
a. Product Price Increases – Product price increases will be not exceed the lesser of 3% or the annual increase in the Product Price Index (PPI) for the corresponding commodity:
(1) Vinyl Flooring: Plastics Material and Resins Manufacturing (PCU325211325211) (2) All Carpet Products: Carpet and Rug Mills: Carpets & Rugs (PCU3141103141100) (3) Rubber and Linoleum: Plastics and Rubber Products Manufacturing (PCU326326) (4) Wood Products: Other Millwork, Including Flooring (PCU321918321918) b. Labor Price Increases – Labor price increases will only be allowed under an increase in the DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305
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Department of Industrial Relations (DIR) Prevailing Wage Schedule, and will be capped at the corresponding percentage of any DIR increase.
c. Freight – Where applicable, Supplier agrees to maintain freight pricing, in either set rate or as a percentage of spend, consistent with any increase or decrease in the PPI for General Freight Trucking, Long-Distance Truckload (PCU484121484121)
B. Invoicing Method
Each UC Location will specify the Invoicing Method and Payment Options that will apply, taking into account the operational capabilities of Supplier and the UC Location. See UC’s Procure to Pay Standards http://www.ucop.edu/procurement-services/ files/Matrix%20for%20website.pdf for the options that will be considered. In the case of systemwide agreements, each UC Location will specify these terms in a Statement of Work or Purchase Order, as the case may be.]
C. Invoicing
Notwithstanding the provisions of Article 3 of the Terms and Conditions of Purchase, UC will not pay freight as all quoted material costs are freight inclusive.
All invoices must clearly indicate the following information:
Charges associated with California AB2398
California sales tax as a separate line item;
UC Purchase Order or Release Number;
Description, quantity, catalog number and manufacturer number of the item(s) ordered; Net cost of each item;
Description, quantity, and pay rate of any services provided Any pay/earned/dynamic discount;
Reference to original order number for all credit memos issued; Supplier will submit invoices following the designated invoice method directly to UC Accounts Payable Departments at each UC Location, unless UC notifies the Supplier otherwise by amendment to the Agreement.
D. Settlement Method and Terms
Notwithstanding the provisions of Article 3 of the Terms and Conditions of Purchase, the Settlement Method and Terms will be as follows: ACH Net60
5. Notices
As provided in the UC Terms and Conditions of Purchase, notices may be given by email, which will be considered legal notice only if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE – [insert, as the case may be, Supplier name or University of California]. If a physical format notice is required, it must be sent by overnight delivery or by certified mail with return receipt requested, at the addresses specified below.
To UC, regarding contract issues:
Name Reynaldo Cano-Boza
Phone 510.987.9893
Email [email protected]
Address 7835 Trade Street, Suite 100
San Diego, CA 92121
To Supplier:
DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305
PA# 2020002150
Name Tamlin Antoine
Phone 202.480.6461
Email [email protected]
Address 924 Milliken Road
Spartanburg, SC 29303
6. Intellectual Property, Copyright and Patents
/_X / The Goods and/or Services do not involve Work Made for Hire
7. Patient Protection and Affordable Care Act (PPACA)
/_X / The Services do not involve temporary or supplementary staffing, and they are not subject to the PPACA warranties in the T&Cs.
8. Prevailing Wages
Work performed under this agreement is a public work subject to California Labor Code section 1771. Supplier, or subSupplier, must be registered with the DIR pursuant to Labor Code section 1725.5. Supplier is required to post the applicable prevailing wage rate determination and any job site notices as prescribed by the DIR. The work is subject to compliance monitoring and enforcement by the DIR and is subject to project reporting through the DIR.
9. Fair Wage/Fair Work
/_X_/ Supplier is not required to pay the UC Fair Wage (defined as $13 per hour as of 10/1/15, $14 per hour as of 10/1/16, and $15 per hour as of 10/1/17) when providing the Services.
10. Restriction Relating to Consulting Services or Similar Contracts – Follow-on Contracts
Please note a Supplier that is awarded a consulting services or similar contract cannot later submit a bid or be considered for any work “required, suggested, or otherwise deemed appropriate” as the end product of the Services (see Public Contract Code Section 10515).
11. Insurance
Deliver the PDF version of the Certificate of Insurance to UC’s Buyer, by email with the following text in the Subject field:
CERTIFICATE OF INSURANCE – Milliken Services.
12. Cooperative Purchasing
Supplier agrees to extend pricing and Goods and/or Services to the California State University institutions (CSU) and the California Community Colleges (CCC) and public agencies nationwide (public and private schools, colleges and universities, cities, counties, non-profits, and all governmental entities) registered with OMNIA Partners under the terms of the Agreement. All contractual administration issues (e.g. terms and conditions, extensions, and renewals) will remain UC’s responsibility. Operational issues, fiduciary responsibility, payment issues, performance issues and liabilities, and disputes DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305
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involving individual CSU or CCC campuses will be addressed, administered, and resolved by each CSU or CCC campus.
13. Records about Individuals
Records created pursuant to the Agreement that contain personal information about individuals (including statements made by or about individuals) may become subject to the California Information Practices Act of 1977, which includes a right of access by the subject individual. While ownership of confidential or personal information about individuals is subject to negotiated agreement between UC and Supplier, records will normally become UC’s property, and subject to state law and UC policies governing privacy and access to files. When collecting the information, Supplier must inform the individual that the record is being made, and the purpose of the record. Use of recording devices in discussions with employees is permitted only as specified in the Statement of Work.
14. Incorporated Documents
This Agreement and its Incorporated Documents contain the entire agreement between the Parties, in order of the below precedent, concerning its subject matter and shall supersede all prior or other agreements, oral and written declarations of intent and other legal arrangements (whether binding or non-binding) made by the Parties in respect thereof. a. Purchase Agreement 2020002150
b. UC Terms & Conditions of Purchase
c. Attachment A – Statement of Work
d. UC Request for Proposal (#001225-MAY2019) University of California Systemwide Flooring (RFP) e. Attachment B – University of California Price Schedule f. Attachment C – Reporting Requirements
g. Appendix – Ecommerce
15. Entire Agreement
The Agreement and its Incorporated Documents contain the entire Agreement between the parties and supersede all prior written or oral agreements with respect to the subject matter herein.
This Agreement can only be signed by an authorized representative with the proper delegation of authority.
THE REGENTS OF THE Milliken Services, LLC
UNIVERSITY OF CALIFORNIA
________________________________ ___________________________________ (Signature) (Signature)
________________________________ ___________________________________ (Printed Name, Title) (Printed Name, Title)
________________________________ ____________________________________ (Date) (Date)
DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305 4/20/2020
Executive Director Tamlin Antoine Director of Government Sales 4/23/2020
Justin Sullivan
Revised 5/9/19
Terms and Conditions of Purchase
ARTICLE 1 – GENERAL
The equipment, materials, or supplies (“Goods”) and/or services (“Services”) furnished by Supplier (together, the “Goods and Services”) and covered by the UC Purchase Order (“PO”) and/or other agreement (which, when combined with these Terms and Conditions and any other documents incorporated by reference, will constitute the “Agreement”) are governed by the terms and conditions set forth herein.
As used herein, the term "Supplier" includes Supplier and its sub-suppliers at any tier. As used herein, “UC” refers to The Regents of the University of California, a corporation described in California Constitution Art. IX, Sec. 9, on behalf of the UC Locations identified in the Agreement and/or the PO. UC and Supplier individually will be referred to as “Party” and collectively as “Parties.” Any defined terms not defined in these Terms and Conditions of Purchase will have the meaning ascribed to such term in any of the other documents incorporated in and constituting the Agreement. No other terms or conditions will be binding upon the Parties unless accepted by them in writing.
Written acceptance or shipment of all or any portion of the Goods, or the performance of all or any portion of the Services, covered by the Agreement, will constitute Supplier’s unqualified acceptance of all of the Agreement’s terms and conditions. The terms of any proposal referred to in the Agreement are included and made a part of the Agreement only to the extent the proposal specifies the Goods and/or Services ordered, the price therefor, and the delivery thereof, and then only to the extent that such terms are consistent with the terms and conditions of the Agreement.
ARTICLE 2 – TERM AND TERMINATION
A. As applicable, the term of the Agreement (“Initial Term”) will be stated in the Agreement. Following the Initial Term, the Agreement may be extended by written mutual agreement.
B. UC’s obligation to proceed is conditioned upon the appropriation of state, federal and other sources of funds not controlled by UC ("Funding"). UC will have the right to terminate the Agreement without damage, penalty, cost or further obligation in the event that through no action or inaction on the part of UC, the Funding is withdrawn.
C. UC may, by written notice stating the extent and effective date thereof, terminate the Agreement for convenience in whole or in part, at any time with not less than the number of days’ notice stated elsewhere in the Agreement. As specified in the termination notice, UC will pay Supplier as full compensation the pro rata Agreement price for performance through the later of the date that (i) UC provided Supplier with notice of termination or (ii) Supplier’s provision of Goods and/or Services will terminate.
D. UC may by written notice terminate the Agreement for Supplier’s breach of the Agreement, in whole or in part, at any time, if Supplier refuses or fails to comply with the provisions of the Agreement, or so fails to make progress as to endanger performance and does not cure such failure within five (5) business days, or fails to supply the Goods and/or Services within the time specified or any written extension thereof. In such event, UC may purchase or otherwise secure Goods and/or Services and, except as otherwise provided herein, Supplier will be liable to UC for any excess costs UC incurs thereby.
ARTICLE 3 – PRICING, INVOICING METHOD, AND SETTLEMENT METHOD AND TERMS. Pricing is set forth in the Agreement or Purchase Order Number, and the amount UC is charged and responsible for shall not exceed the amount specified in the Agreement unless UC has given prior written approval. Unless otherwise agreed in writing by UC, Supplier will use the invoicing method and payment settlement method (and will extend the terms applicable to such settlement method) set forth in UC’s Supplier Invoicing, Terms & Settlement Matrix.
UC will pay Supplier, upon submission of acceptable invoices, for Goods and/or Services provided and accepted. Invoices must be itemized and reference the Agreement or Purchase Order number. UC will not pay shipping, packaging or handling expenses, unless specified in the Agreement or Purchase Order. Unless otherwise provided, freight is to be FOB destination. Any of Supplier’s expenses that UC agrees to reimburse will be reimbursed under UC’s Travel Policy, which may be found at https://policy.ucop.edu/doc/3420365. Where applicable, Supplier will pay all taxes imposed on Supplier in connection with its performance under the Agreement, including any federal, state and local income, sales, use, excise and other taxes or assessments. Notwithstanding any other provision to the contrary, UC will not be responsible for any fees, interest or surcharges Supplier wishes to impose.
ARTICLE 4 – INSPECTION. The Goods and/or Services furnished will be exactly as specified in the Agreement, free from all defects in Supplier's performance, design, workmanship and materials, and, except as otherwise provided in the Agreement, will be subject to inspection and test by UC at all times and places. If, prior to final acceptance, any Goods and/or Services furnished are found to be incomplete, or not as specified, UC may reject them, require Supplier to correct them at the sole cost of Supplier, or require provision of such Goods and/or Services at a reduction in price that is equitable under the circumstances. If Supplier is unable or refuses to correct such deficiencies within a time UC deems reasonable, UC may terminate the Agreement in whole or in part. Supplier will bear all risks as to DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305
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rejected Goods and/or Services and, in addition to any costs for which Supplier may become liable to UC under other provisions of the Agreement, will reimburse UC for all transportation costs, other related costs incurred, or payments to Supplier in accordance with the terms of the Agreement for unaccepted Goods and/or Services and materials and supplies incidental thereto. Notwithstanding final acceptance and payment, Supplier will be liable for latent defects, fraud or such gross mistakes as amount to fraud.
ARTICLE 5 – ASSIGNED PERSONNEL; CHARACTER OF SERVICES
Supplier will provide the Services as an independent contractor and furnish all equipment, personnel and materiel sufficient to provide the Services expeditiously and efficiently, during as many hours per shift and shifts per week, and at such locations as UC may so require.
Supplier will devote only its best-qualified personnel to work under the Agreement. Should UC inform Supplier that anyone providing the Services is not working to this standard, Supplier will immediately remove such personnel from providing Services and he or she will not again, without UC’s written permission, be assigned to provide Services. At no time will Supplier or Supplier’s employees, sub-suppliers, agents, or assigns be considered employees of UC for any purpose, including but not limited to workers’ compensation provisions. Supplier shall not have the power nor right to bind or obligate UC, and Supplier shall not hold itself out as having such authority. Supplier shall be responsible to UC for all Services performed by Supplier’s employees, agents and subcontractors, including being responsible for ensuring payment of all unemployment, social security, payroll, contributions and other taxes with respect to such employees, agents and subcontractors.
ARTICLE 6 – WARRANTIES
In addition to the warranties set forth in Articles 11, 12, 17, 23, 24, 25 and 26 herein, Supplier makes the following warranties. Supplier acknowledges that failure to comply with any of the warranties in the Agreement will constitute a material breach of the Agreement and UC will have the right to terminate the Agreement without damage, penalty, cost or further obligation.
A. General Warranties. Supplier represents, warrants and covenants that: (i) Supplier is free to enter into this Agreement and that Supplier is not, and will not become, during the Term, subject to any restrictions that might restrict or prohibit Supplier from performing the Services or providing the Goods ordered hereunder; (ii) Supplier will comply with all applicable laws, rules and regulations in performing Supplier’s obligations hereunder; (iii) the Goods and/or Services shall be rendered with promptness and diligence and shall be executed in a workmanlike manner by competent personnel, in accordance with the prevailing industry standards; and if UC Appendix Data Security is NOT included:(iv) Supplier has developed a business interruption and disaster recovery program and is executing such program to assess and reduce the extent to which Supplier’s hardware, software and embedded systems may be susceptible to errors or failures in various crisis (or force majeure) situations; (v) if Supplier uses electronic systems for creating, modifying, maintaining, archiving, retrieving or transmitting any records, including test results that are required by, or subject to inspection by an applicable regulatory authority, then Supplier represents and warrants that Supplier’s systems for electronic records are in compliance; and (vi) Supplier agrees that the Goods and/or Services furnished under the Agreement will be covered by the most favorable warranties Supplier gives to any customer for the same or substantially similar goods or services, or such other more favorable warranties as specified in the Agreement. The rights and remedies so provided are in addition to and do not limit any rights afforded to UC by any other article of the Agreement.
B. Permits and Licenses. Supplier agrees to procure all necessary permits or licenses and abide by all applicable laws, regulations and ordinances of the United States and of the state, territory and political subdivision or any other country in which the Goods and/or Services are provided.
C. Federal and State Water and Air Pollution Laws. Where applicable, Supplier warrants that it complies with the requirements in UC Business and Finance Bulletin BUS-56 (Materiel Management; Purchases from Entities Violating State or Federal Water or Air Pollution Laws). Consistent with California Government Code 4477, these requirements do not permit UC to contract with entities in violation of Federal or State water or air pollution laws.
D. Web Accessibility Requirements. As applicable to the Supplies and/or Services being provided under the Agreement, Supplier warrants that:
1. It complies with California and federal disabilities laws and regulations; The Goods and/or Services will conform to the accessibility requirements of WCAG 2.0AA.
2. Supplier agrees to promptly respond to and resolve any complaint regarding accessibility of its Goods and/or Services;
3. Within six (6) months of the signing of this Agreement, Supplier will complete the testing of the Goods and Services for level AA conformance with Web Content Accessibility Guidelines (WCAG) 2.0 and report those findings to the University. Provide the DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305
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source to whom the conformance should be submitted. In the event that testing results in findings of non-compliance, Supplier will provide a remediation plan to the University within two (2) months of completion of testing, and will use reasonable efforts to adhere to any remediation timelines provided to the University; and
4. The University and its Authorized User may abridge, modify, translate or create any derivative work based on the Goods and Services when necessary to allow Authorized Users with disabilities to access the Goods and Services.
E. General Accessibility Requirements. Supplier warrants that:
1. It will comply with California and federal disability laws and regulations;
2. Supplier will promptly respond to remediate to any identified accessibility defects in the Goods and Services to conform to WCAG
2.0 AA; and
3. Supplier agrees to promptly respond to and use reasonable efforts to resolve and remediate any complaint regarding accessibility of its Goods and/or Services.
F. Warranty of Quiet Enjoyment. Supplier warrants that Supplier has the right of Quiet Enjoyment in, and conveys the right of Quiet Enjoyment to UC for UC’s use of, any and all intellectual property that will be needed for Supplier’s provision, and UC’s use of, the Goods and/or Services provided by Supplier under the Agreement.
G. California Child Abuse and Neglect Reporting Act ("CANRA"). Where applicable, Supplier warrants that it complies with CANRA.
H. Debarment and Suspension. Supplier warrants that it is not presently debarred, suspended, proposed for debarment, or declared ineligible for award of federal contracts or participation in federal assistance programs or activities.
I. UC Trademark Licensing Code of Conduct. If the Goods will bear UC’s name (including UC campus names, abbreviations of these names, UC logos, UC mascots, or UC seals) or other trademarks owned by UC, Supplier warrants that it holds a valid license from UC and complies with the Trademark Licensing Code of Conduct policy, available at http://policy.ucop.edu/doc/3000130/TrademarkLicensing.
J. Outsourcing (Public Contract Code section 12147) Compliance. Supplier warrants that if the Agreement will displace UC employees, no funds paid under the Agreement will be used to train workers who are located outside of the United States, or plan to relocate outside the United States as part of the Agreement. Additionally, Supplier warrants that no work will be performed under the Agreement with workers outside the United States, except as described in Supplier’s bid. If Supplier or its subsupplier performs the Agreement with workers outside the United States during the life of the Agreement and Supplier did not describe such work in its bid, Supplier acknowledges and agrees that a) UC may terminate the Agreement without further obligation for noncompliance, and b) Supplier will forfeit to UC the amount UC paid for the percentage of work that was performed with workers outside the United States and not described in Supplier’s bid.
ARTICLE 7 – INTELLECTUAL PROPERTY, COPYRIGHT AND PATENTS A. Goods and/or Services Involving Work Made for Hire.
1. Unless UC indicates that the Goods and/or Services do not involve work made for hire, Supplier acknowledges and agrees that any deliverables provided to UC by Supplier in the performance of the Agreement, and any intellectual property rights therein, (hereinafter the "Deliverables") will be owned by UC. The Deliverables will be considered "work made for hire" under U.S. copyright law and all right, title, and interest to and in such Deliverables including, but not limited to, any and all copyrights or trademarks, will be owned by UC. In the event that it is determined that UC is not the owner of such Deliverables under the "work made for hire" doctrine of U.S. copyright law, Supplier hereby irrevocably assigns to UC all right, title, and interest to and in such Deliverables and any copyrights or trademarks thereto.
2. The Deliverables must be new and original. Supplier must not use any pre-existing copyrightable or trademarked images, writings, or other proprietary materials (hereinafter "Pre-Existing Materials") in the Deliverables without UC’s prior written permission. In the event that Supplier uses any Pre-Existing Materials in the Deliverables in which Supplier has an ownership interest, UC is hereby granted, and will have, a non-exclusive, royalty-free, irrevocable, perpetual, paid-up, worldwide license (with the right to sublicense) to make, have made, copy, modify, make derivative works of, use, perform, display publicly, sell, and otherwise distribute such Pre-Existing Materials in connection with the Deliverables.
3. Whenever any invention or discovery is made or conceived by Supplier in the course of or in connection with the Agreement, Supplier will promptly furnish UC with complete information with respect thereto and UC will have the sole power to determine whether and where a patent application will be filed and to determine the disposition of title to and all rights under any application or patent that may result.
4. Supplier is specifically subject to an obligation to, and hereby does, assign all right, title and interest in any such intellectual property rights to UC as well as all right, title and interest in tangible research products embodying any such inventions whether DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305
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the inventions are patentable or not. Supplier agrees to promptly execute any additional documents or forms that UC may require in order to effectuate such assignment.
B. Goods and/or Services Not Involving Work Made for Hire.
1. If the Goods and/or Services do not involve work made for hire, and in the event that Supplier uses any Pre-Existing Materials in the Deliverables in which Supplier has an ownership interest, UC is hereby granted, and will have, a non-exclusive, royalty-free, irrevocable, perpetual, paid-up, worldwide license (with the right to sublicense) to make, have made, copy, modify, make derivative works of, use, perform, display publicly, sell, and otherwise distribute such Pre-Existing Materials in connection with the Deliverables.
2. The Deliverables must be new and original. Supplier must not use any Pre-Existing Materials in the Deliverables without UC’s prior written permission.
3. Whenever any invention or discovery is made or conceived by Supplier in the course of or in connection with the Agreement, Supplier will promptly furnish UC complete information with respect thereto and UC will have the sole power to determine whether and where a patent application will be filed and to determine the disposition of title to and all rights under any application or patent that may result.
4. Supplier is specifically subject to an obligation to, and hereby does, assign all right, title and interest in any such intellectual property rights to UC as well as all right, title and interest in tangible research products embodying any such inventions whether the inventions are patentable or not. Supplier agrees to promptly execute any additional documents or forms that UC may require in order to effectuate such assignment.
C. General. Should the Goods and/or Services become, or in Supplier’s opinion be likely to become, the subject of a claim of infringement of any patent, copyright, trademark, trade name, trade secret, or other proprietary or contractual right of any third party, Supplier will provide written notice to UC of the circumstances giving rise to such claim or likely claim. In the event that UC receives notice of a claim of infringement or is made a party to or is threatened with being made a party to any claim of infringement related to the Goods and/or Services, UC will provide Supplier with notice of such claim or threat. Following receipt of such notice, Supplier will either (at Supplier’s sole election) (i) procure for UC the right to continue to use the affected portion of the Goods and/or Services, or (ii) replace or otherwise modify the affected portion of the Goods and/or Services to make them noninfringing, or obtain a reasonable substitute product for the affected portion of the Goods and/or Services, provided that any replacement, modification or substitution under this paragraph does not effect a material change in the Goods and/or Services’ functionality. If none of the foregoing options is reasonably acceptable to UC, UC will have the right to terminate the Agreement without damage, penalty, cost or further obligation.
ARTICLE 8 – INDEMNITY
To the fullest extent permitted by law, Supplier will defend, indemnify, and hold harmless UC, its officers, employees, and agents, from and against all losses, expenses (including, without limitation, reasonable attorneys' fees and costs), damages, and liabilities of any kind resulting from or arising out of the Agreement, including the performance hereunder of Supplier, its officers, employees, agents, sub-suppliers, or anyone directly or indirectly employed by Supplier, or any person or persons under Supplier's direction and control, provided such losses, expenses, damages and liabilities are due or claimed to be due to the acts or omissions of Supplier, its officers, employees, agents, subsuppliers, or anyone directly or indirectly employed by Supplier, or any person or persons under Supplier's direction and control. UC agrees to provide Supplier with prompt notice of any such claim or action and to permit Supplier to defend any claim or action, and that UC will cooperate fully in such defense. UC retains the right to participate in the defense against any such claim or action, and the right to consent to any settlement, which consent will not unreasonably be withheld.
ARTICLE 9 – INSURANCE
Supplier, at its sole cost and expense, will insure its activities in connection with providing the Goods and/or Services and obtain, keep in force, and maintain the following insurance with the minimum limits set forth below, unless UC specifies otherwise:
A. Commercial Form General Liability Insurance (contractual liability included) with limits as follows:
1. Each Occurrence $ 1,000,000
2. Products/Completed Operations Aggregate $ 2,000,000
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3. Personal and Advertising Injury $ 1,000,000
4. General Aggregate $ 2,000,000
B. Business Automobile Liability Insurance for owned, scheduled, non-owned, or hired automobiles with a combined single limit of not less than one million dollars ($1,000,000) per occurrence. (Required only if Supplier drives on UC premises or transports UC employees, officers, invitees, or agents in the course of supplying the Goods and/or Services to UC.) C. If applicable, Professional Liability Insurance with a limit of two million dollars ($2,000,000) per occurrence or claim with an aggregate of not less than two million dollars ($2,000,000). If this insurance is written on a claims-made form, it will continue for three years following termination of the Agreement. The insurance will have a retroactive date of placement prior to or coinciding with the effective date of the Agreement.
D. Workers' Compensation as required by applicable state law and Employer’s Liability with limits of one million dollars ($1,000,000) per occurrence. Workers' Compensation as required by applicable state law and Employer’s Liability with limits of one million dollars ($1,000,000) per occurrence.
E. If applicable, Supplier Fidelity Bond or Crime coverage for the dishonest acts of its employees in a minimum amount of one million dollars ($1,000,000). Supplier will endorse such policy to include a “Regents of the University of California Coverage” or “Joint Payee Coverage” endorsement. UC and, if so requested, UC’s officers, employees, agents and sub-suppliers will be named as "Loss Payee, as Their Interest May Appear” in such Fidelity Bond.
F. Additional other insurance in such amounts as may be reasonably required by UC against other insurable risks relating to performance.
If the above insurance is written on a claims-made form, it will continue for three years following termination of the Agreement. The insurance will have a retroactive date of placement prior to or coinciding with the effective date of the Agreement. If the above insurance coverage is modified, changed or cancelled, Supplier will provide UC with not less than fifteen (15) days’ advance written notice of such modification, change, or cancellation, and will promptly obtain replacement coverage that complies with this Article.
G. The coverages referred to under A and B of this Article must include UC as an additional insured. It is understood that the coverage and limits referred to under A, B and C of this Article will not in any way limit Supplier’s liability. Supplier will furnish UC with certificates of insurance (and the relevant endorsement pages) evidencing compliance with all requirements prior to commencing work under the Agreement. Such certificates will:
1. Indicate that The Regents of the University of California has been endorsed as an additional insured for the coverage referred to under A and B of this Article. This provision will only apply in proportion to and to the extent of the negligent acts or omissions of Supplier, its officers, agents, or employees.
2. Include a provision that the coverage will be primary and will not participate with or be excess over any valid and collectible insurance or program of self-insurance carried or maintained by UC.
ARTICLE 10 – USE OF UC NAME AND TRADEMARKS
Supplier will not use the UC name, ab b r eviat ion of t h e UC n am e, trade names and/or trademarks (i.e., logos and seals) or any derivation thereof, in any form or manner in advertisements, reports, or other information released to the public, or place the UC name, abbreviations, trade names and/or trademarks or any derivation thereof on any consumer goods, products, or services for sale or distribution to the public, without U C ’s prior written approval. Supplier agrees to comply at all times with California Education Code Section 92000.
ARTICLE 11 – FEDERAL FUNDS
Supplier who supplies Goods and/or Services certifies and represents its compliance with the following clauses, as applicable. Supplier shall promptly notify UC of any change of status with regard to these certifications and representations. These certifications and representations are material statements upon which UC will rely.
A. For commercial transactions involving funds on a federal contract (federal awards governed by the FAR), the following provisions apply, as applicable:
i. FAR 52.203-13, Contractor Code of Business Ethics and Conduct; ii. FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights; iii. FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements; iv. FAR 52.219-8, Utilization of Small Business Concerns; v. FAR 52.222-17, Non-displacement of Qualified Workers; DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305
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vi. FAR 52.222-21, Prohibition of Segregated Facilities; vii. FAR 52.222-26, Equal Opportunity;
viii. FAR 52.222-35, Equal Opportunity for Veterans;
ix. FAR 52.222-36, Equal Opportunity for Workers with Disabilities; x. FAR 52.222-37, Employment Reports on Veterans;
xi. FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act; xii. FAR 52.222-41, Service Contract Labor Standards;
xiii. FAR 52.222-50, Combating Trafficking in Persons;
xiv. FAR 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements;
xv. FAR 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services - Requirements;
xvi. FAR 52.222-54, Employment Eligibility Verification; xvii. FAR 52.222-55, Minimum Wages Under Executive Order 13658; xviii. FAR 52.222-62, Paid Sick Leave under Executive Order 13706; xix. FAR 52.224-3, Privacy Training;
xx. FAR 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations; and xxi. FAR 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels.
B. For non-commercial transactions involving funds on a federal contract, the UC Appendix titled ‘Federal Government Contracts Special terms and Conditions (Non-Commercial Items or Services)’ and located at www.ucop.edu/procurement-services/policiesforms/index.html is hereby incorporated herein by this reference.
C. For transactions involving funds on a federal grant or cooperative agreement (federal awards governed by eCFR Title 2, Subtitle A, Chapter II, Part 200) the following provisions apply, as applicable:
i. Rights to Inventions. If Supplier is a small business firm or nonprofit organization, and is providing experimental, development, or research work under this transaction, Supplier must comply with the requirements of 3 CFR Part 401, “Rights to Inventions Made by nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements”. ii. Clean Air Act. Supplier agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). iii. Byrd Anti-Lobbying. Supplier certifies that it will not, and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.
iv. Procurement of Recovered Materials. If Supplier is a state agency or agency of a political subdivision of a state, then Supplier must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.
D. In these provisions, the term "contractor" as used therein will refer to Supplier, and the terms “Government” or “Contracting Officer” as used therein will refer to UC. Where a purchase of items is for fulfillment of a specific U.S. Government prime or subcontract, additional information and/or terms and conditions may be included in an attached supplement. By submitting an invoice to UC, Supplier is representing to UC that, at the time of submission:
i. Neither Supplier nor its principals are presently debarred, suspended, or proposed for debarment by the U.S. government (see FAR 52.209-6);
ii. Supplier has filed all compliance reports required by the Equal Opportunity clause (see FAR 52.222-22); and iii. Any Supplier representations to UC about U.S. Small Business Administration or state and local classifications, including but not limited to size standards, ownership, and control, are accurate and complete. iv. Byrd Anti-Lobbying. Supplier certifies that it will not, and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305
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employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.
ARTICLE 12 – EQUAL OPPORTUNITY AFFIRMATIVE ACTION
Supplier will abide by the requirements set forth in Executive Orders 11246 and 11375. Where applicable, Supplier will comply with 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a), incorporated by reference with this statement: “This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability.” With respect to activities occurring in the State of California, Supplier agrees to adhere to the California Fair Employment and Housing Act. Supplier will provide UC on request a breakdown of its labor force by groups as specified by UC, and will discuss with UC its policies and practices relating to its affirmative action programs. Supplier will not maintain or provide facilities for employees at any establishment under its control that are segregated on a basis prohibited by federal law. Separate or single-user restrooms and necessary dressing or sleeping areas must be provided, however, to ensure privacy.
ARTICLE 13 – LIENS
Supplier agrees that upon UC’s request, Supplier will submit a sworn statement setting forth the work performed or material furnished by sub-suppliers and material men, and the amount due and to become due to each, and that before the final payment called for under the Agreement, will upon UC’s request submit to UC a complete set of vouchers showing what payments have been made for such work performed or material furnished. Supplier will promptly notify UC in writing, of any claims, demands, causes of action, liens or suits brought to its attention that arise out of the Agreement. UC will not make final payment until Supplier, if required, delivers to UC a complete release of all liens arising out of the Agreement, or receipts in full in lieu thereof, as UC may require, and if required in either case, an affidavit that as far as it has knowledge or information, the receipts include all the labor and materials for which a lien could be filed; but Supplier may, if any sub-supplier refuses to furnish a release or receipt in full, furnish a bond satisfactory to UC to indemnify it against any claim by lien or otherwise. If any lien or claim remains unsatisfied after all payments are made, Supplier will refund to UC all monies that UC may be compelled to pay in discharging such lien or claim, including all costs and reasonable attorneys' fees.
ARTICLE 14 – PREMISES WHERE SERVICES ARE PROVIDED
A. Cleaning Up. Supplier will at all times keep UC premises where the Services are performed and adjoining premises free from accumulations of waste material or rubbish caused by its employees or work of any of its sub-suppliers, and, at the completion of the Services; will remove all rubbish from and about the premises and all its tools, scaffolding, and surplus materials, and will leave the premises "broom clean" or its equivalent, unless more exactly specified. In case of dispute between Supplier and its sub-suppliers as to responsibility for the removal of the rubbish, or if it is not promptly removed, UC may remove the rubbish and charge the cost to Supplier.
B. Environmental, Safety, Health and Fire Protection. Supplier will take all reasonable precautions in providing the Goods and Services to protect the health and safety of UC employees and members of the public and to minimize danger from all hazards to life and property, and will comply with all applicable environmental protection, health, safety, and fire protection regulations and requirements (including reporting requirements). In the event that Supplier fails to comply with such regulations and requirements, UC may, without prejudice to any other legal or contractual rights of UC, issue an order stopping all or any part of the provision of the Goods and/or Services; thereafter a start order for resumption of providing the Goods and/or Services may be issued at UC’s discretion.
Supplier will not be entitled to make a claim for extension of time or for compensation or damages by reason of or in connection with such stoppage. Supplier will have sole responsibility for the safety of all persons employed by Supplier and its sub-suppliers on UC premises, or any other person who enters upon UC premises for reasons relating to the Agreement. Supplier will at all times maintain good order among its employees and all other persons who come onto UC's premises at Supplier's request and will not engage any unfit or unskilled person to provide the Goods and/or Services. Supplier will confine its employees and all other persons who come onto UC's premises at Supplier's request or for reasons relating to the Agreement and its equipment to that portion of UC's premises where the Services are to be provided or to roads leading to and from such work sites, and to any other area which UC may permit DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305
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Supplier to use. Supplier will take all reasonable measures and precautions at all times to prevent injuries to or the death of any of its employees or any other person who enters upon UC premises at Supplier’s request. Such measures and precautions will include, but will not be limited to, all safeguards and warnings necessary to protect workers and others against any conditions on the premises that could be dangerous and to prevent accidents of any kind whenever the Goods and/or Services are being provided in proximity to any moving or operating machinery, equipment or facilities, whether such machinery, equipment or facilities are the property of or are being operated by, Supplier, its sub-suppliers, UC or other persons. To the extent compliance is required, Supplier will comply with all relevant UC safety rules and regulations when on UC premises.
C. Tobacco-free Campus. UC is a tobacco-free institution. Use of cigarettes, cigars, oral tobacco, electronic cigarettes and all other tobacco productsis prohibited on all UC owned or leased sites.
ARTICLE 15 – LIABILITY FOR UC - FURNISHED PROPERTY
Supplier assumes complete liability for any materials UC furnishes to Supplier in connection with the Agreement and Supplier agrees to pay for any UC materials Supplier damages or otherwise is not able to account for to UC's satisfaction. UC furnishing to Supplier any materials in connection with the Agreement will not, unless otherwise expressly provided in writing by UC, be construed to vest title thereto in Supplier.
ARTICLE 16 – COOPERATION
Supplier and its sub-suppliers, if any, will cooperate with UC and other suppliers and will so provide the Services that other cooperating suppliers will not be hindered, delayed or interfered with in the progress of their work, and so that all of such work will be a finished and complete job of its kind.
ARTICLE 17 – ADDITIONAL TERMS APPLICABLE TO THE FURNISHING OF GOODS The terms in this Article have special application to the furnishing of Goods:
A. Price Decreases. Supplier agrees immediately to notify UC of any price decreases from its suppliers, and to pass through to UC any price decreases.
B. Declared Valuation of Shipments. Except as otherwise provided in the Agreement, all shipments by Supplier under the Agreement for UC's account will be made at the maximum declared value applicable to the lowest transportation rate or classification and the bill of lading will so note.
C. Title. Title to the Goods purchased under the Agreement will pass directly from Supplier to UC at the f.o.b. point shown, or as otherwise specified in the Agreement, subject to UC’s right to reject upon inspection.
D. Changes. Notwithstanding the terms in Article 34, Amendments, UC may make changes within the general scope of the Agreement in drawings and specifications for specially manufactured Goods, place of delivery, method of shipment or packing of the Agreement by giving notice to Supplier and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of the Agreement, UC and Supplier will agree upon an equitable adjustment in the price and/or delivery terms.
Supplier may not make changes without UC’s written approval. Any claim of Supplier for an adjustment under the Agreement must be made in writing within thirty (30) days from the date Supplier receives notice of such change unless UC waives this condition in writing. Nothing in the Agreement will excuse Supplier from proceeding with performance of the Agreement as changed hereunder.
Supplier may not alter or misbrand, within the meaning of the applicable Federal and State laws, the Goods furnished.
E. Forced, Convict and Indentured Labor. Supplier warrants that no foreign-made Goodsfurnished to UC pursuant to the Agreement will be produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction. If UC determines that Supplier knew or should have known that it was breaching this warranty, UC may, in addition to terminating the Agreement, remove Supplier from consideration for UC contracts for a period not to exceed one year. This warranty is in addition to any applicable warranties in Articles 6 and 11.
F. Export Control. If any of the Goods is export-controlled under the International Traffic in Arms Regulations (22 CFR §§ 120-130), the United States Munitions List (22 CFR § 121.1), or Export Administration Regulations (15 CFR §§ 730-774) 500 or 600 series, or controlled on a military strategic goods list, Supplier agrees to provide UC (the contact listed on the Purchase Order) with written notification that identifies the export-controlled Goods and such Goods’ export classification.
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ARTICLE 18 – CONFLICT OF INTEREST
Supplier affirms that, to the best of Supplier’s knowledge, no UC employee who has participated in UC’s decision-making concerning the Agreement has an “economic interest” in the Agreement or Supplier. A UC employee’s “economic interest” means:
A. An investment worth $2,000 or more in Supplier or its affiliate; B. A position as director, officer, partner, trustee, employee or manager of Supplier or its affiliate; C. Receipt during the past 12 months of $500 in income or $440 in gifts from Supplier or its affiliate; or D. A personal financial benefit from the Agreement in the amount of $250 or more.
In the event of a change in these economic interests, Supplier will provide written notice to UC within thirty (30) days after such change, noting such changes. Supplier will not be in a reporting relationship to a UC employee who is a near relative, nor will a near relative be in a decision making position with respect to Supplier.
ARTICLE 19 – AUDIT REQUIREMENTS
The Agreement, and any pertinent records involving transactions relating to this Agreement, is subject to the examination and audit of the Auditor General of the State of California or Comptroller General of the United States or designated Federal authority for a period of up to five (5) years after final payment under the Agreement. UC, and if the underlying grant, cooperative agreement or federal contract so provides, the other contracting Party or grantor (and if that be the United States or an instrumentality thereof, then the Comptroller General of the United States) will have access to and the right to examine Supplier’s pertinent books, documents, papers, and records involving transactions and work related to the Agreement until the expiration of five (5) years after final payment under the Agreement. The examination and audit will be confined to those matters connected with the performance of the Agreement, including the costs of administering the Agreement.
ARTICLE 20 – PROHIBITION ON UNAUTHORIZED USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION Supplier agrees to hold UC’s Confidential Information, and any information derived therefrom, in strict confidence. Confidential Information shall be defined as any information disclosed by UC to Supplier for the purposes of providing the Good and/or Services which is (i) marked as “Confidential” at the time of disclosure; (ii) disclosed orally, identified at the time of such oral disclosure as confidential, and reduced to writing as “Confidential” within thirty (30) days of such oral disclosure; and (iii) if not marked as “Confidential,” information that would be considered by a reasonable person in the relevant field to be confidential given its content and the circumstances of its disclosure. Confidential Information will not include information that: (i) Supplier can demonstrate by written records was known to Supplier prior to the effective date of the Agreement; (ii) is currently in, or in the future enters, the public domain other than through a breach of the Agreement or through other acts or omissions of Supplier; (iii) is obtained lawfully from a third party; or (iv) is disclosed under the California Public Records Act or legal process.
Supplier will not access, use or disclose Confidential Information other than to carry out the purposes for which UC disclosed the Confidential Information to Supplier, except as permitted or required by applicable law, or as otherwise authorized in writing by UC prior to the disclosure. Supplier shall have the limited right to disclose UC’s Confidential Information to Supplier’s employees provided that: (i) Supplier shall disclose only such UC’s Confidential Information as is necessary for the Supplier to perform its obligations under this Agreement; (ii) such employees have been informed of the confidential nature of such information; and (iii) such employees have agreed in writing to be bound by confidentiality obligations at least as stringent as those set forth in this Agreement. Supplier shall be liable for any breach of this Agreement by its employees. For avoidance of doubt, this provision prohibits Supplier from using for its own benefit Confidential Information and any information derived therefrom. If Supplier is required by a court of competent jurisdiction or an administrative body to disclose Confidential Information, Supplier will notify UC in writing immediately upon receiving notice of such requirement and prior to any such disclosure (unless Supplier is prohibited by law from doing so), to give UC an opportunity to oppose or otherwise respond to such disclosure. To the extent Supplier is still required to make such a disclosure, Supplier will give UC prompt written notice of such event and will furnish only that portion that is legally required and will exercise all reasonable efforts to obtain reliable assurance that confidential treatment will be afforded to the Confidential Information. Supplier’s transmission, transportation or storage of Confidential Information outside the United States, or access of Confidential Information from outside the United States, is prohibited except with prior written authorization by UC. UC’s Appendix – Data Security, Appendix – HIPAA Business Associate, and/or Appendix – General Data Protection Regulation will control in the event that one or both appendices is incorporated into the Agreement and conflicts with the provisions of this Article.
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Supplier acknowledges that remedies at law would be inadequate to protect UC against any actual or threatened breach of this Section by Supplier, and, without prejudice to any other rights and remedies otherwise available to UC, Supplier agrees to the granting of injunctive relief in UC’s favor without proof of actual damages.
ARTICLE 21 – UC WHISTLEBLOWER POLICY
UC is committed to conducting its affairs in compliance with the law, and has established a process for reporting and investigating suspected improper governmental activities. Please visit http://www.ucop.edu/uc-whistleblower/ for more information.
ARTICLE 22 – SUSTAINABLE PROCUREMENT GUIDELINES
Supplier will conduct business using environmentally, socially, and economically sustainable products and services (defined as products and services with a lesser or reduced effect on human health and the environment, and which generate benefits to the University as well as to society and the economy, while remaining within the carrying capacity of the environment), to the maximum possible extent consistent with the Agreement, and with the University of California Sustainable Practices Policy (https://policy.ucop.edu/doc/3100155) and the University of California Sustainable Procurement Guidelines:
(https://www.ucop.edu/procurement-services/ files/sustainableprocurementguidelines.pdf).
In accordance with the University of California Sustainable Practices Policy, Supplier will adhere to the following requirements and standards, as applicable. Supplier acknowledges that failure to comply with any of the sustainability standards and requirements in the Agreement will constitute a material breach of the Agreement and UC will have the right to terminate the Agreement without damage, penalty, cost or further obligation.
A. Sustainability Marketing Standards. Supplier sustainability related claims, where applicable, must meet University of California recognized certifications and standards set forth in the UC Sustainable Procurement Guidelines and/or meet the standards of Federal Trade Commission’s (FTC) Green Guides.
B. Electronic Transfer of Supplier Information. Suppliers, when interacting with the University, shall be prohibited from providing hard copies of presentations, marketing material, or other informational materials. Suppliers will be required to present all information in electronic format that is easily transferable to University staff. Materials may be provided in hard copy or physical format if specifically required or requested by a UC representative.
C. Packaging Requirements. All packaging must be compliant with the Toxics in Packaging Prevention Act (AB 455) and must meet all additional standards and requirements set forth in the UC Sustainable Practices Policy. In addition, the University requires that all packaging meet at least one of the criteria listed below:
a. Uses bulk packaging;
b. Uses reusable packaging (e.g. totes reused by delivery service for next delivery); c. Uses innovative packaging that reduces the weight of packaging, reduces packaging waste, or utilizes packaging that is a component of the product;
d. Maximizes recycled content and/or meets or exceeds the minimum post-consumer content level for packaging in the U.S.
Environmental Protection Agency Comprehensive Procurement Guidelines; e. Uses locally recyclable or certified compostable material.
D. Expanded Polystyrene (EPS) Ban. No EPS shall be used in foodservice facilities for takeaway containers. By 2020, the University will be prohibited from procuring Goods containing, or that are provided in packaging containing, Expanded Polystyrene (EPS) other than that utilized for laboratory supply or medical packaging and products where no functional alternatives exist.
E. E-Waste Recycling Requirements. All recyclers of University of California electronic equipment must be e-Steward certified by the Basel Action Network (BAN) or R2 Standard certified.
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Hosted and Punch-out Catalog Requirements. Suppliers enabled with eProcurement hosted catalog functionality must clearly identify products with UC-recognized certifications, as defined by the UC Sustainable Procurement Guidelines, in both hosted and punchout catalog e-procurement environments.
ARTICLE 23 – PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA) EMPLOYER SHARED RESPONSIBILITY If the Services involve Supplier furnishing UC with temporary or supplementary staffing, Supplier warrants that:
A. If Supplier is an Applicable Large Employer (as defined under Treasury Regulation Section 54.4980H-1(a)(4)):
1. Supplier offers health coverage to its full-time employees who are performing Services for UC;
2. Supplier’s cost of enrolling such employees in Supplier’s health plan is factored into the fees for the Services; and
3. The fees for the Services are higher than what the Services would cost if Supplier did not offer health coverage to such full-time employees.
B. If Supplier is not an Applicable Large Employer (as defined above):
1. Supplier offers group health coverage to its full-time employees who are performing Services for UC and such coverage is considered Minimum Essential Coverage (as defined under Treasury Regulation Section 1-5000A-2) and is Affordable (as defined under Treasury Regulation Section 54.4980H-5(e)); or
2. Supplier’s full-time employees who are performing services for UC have individual coverage and such coverage satisfies the PPACA requirements for mandated individual coverage.
Supplier acknowledges that UC is relying on these warranties to ensure UC’s compliance with the PPACA Employer Shared Responsibility provision.
ARTICLE 24 - PREVAILING WAGES
Unless UC notifies Supplier that the Services are not subject to prevailing wage requirements, Supplier will comply, and will ensure that all sub-suppliers comply, with California prevailing wage provisions, including but not limited to those set forth in Labor Code sections 1770, 1771, 1771.1, 1772, 1773, 1773.1, 1774, 1775, 1776, 1777.5, and 1777.6. For purposes of the Agreement, the term “sub-supplier” means a person or firm, of all tiers, that has a contract with Supplier or with a sub-supplier to provide a portion of the Services. The term subsupplier will not include suppliers, manufacturers, or distributors. Specifically, and not by way of limitation, if apprenticable occupations are involved in providing the Services, Supplier will be responsible for ensuring that Supplier and any sub-suppliers comply with Labor Code Section 1777.5. Supplier and sub-supplier may not provide the Services unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 and 1771.1. Notwithstanding the foregoing provisions, Supplier will be solely responsible for tracking and ensuring proper payment of prevailing wages regardless if Services are partially or wholly subject to prevailing wage requirements. In every instance, Supplier will pay not less than the UC Fair Wage (defined as $13 per hour as of 10/1/15, $14 per hour as of 10/1/16, and $15 per hour as of 10/1/17) for Services being performed at a UC Location (defined as any location owned or leased by UC).
The California Department of Industrial Relations (DIR) has ascertained the general prevailing per diem wage rates in the locality in which the Services are to be provided for each craft, classification, or type of worker required to provide the Services. A copy of the general prevailing per diem wage rates will be on file at each UC Location’s procurement office, and will be made available to any interested party upon request. Supplier will post at any job site:
A. Notice of the general prevailing per diem wage rates, and B. Any other notices required by DIR rule or regulation.
By this reference, such notices are made part of the Agreement. Supplier will pay not less than the prevailing wage rates, as specified in the schedule and any amendments thereto, to all workers employed by Supplier in providing the Services. Supplier will cause all subcontracts to include the provision that all sub-suppliers will pay not less than the prevailing rates to all workers employed by such subsuppliers in providing the Services. The Services are subject to compliance monitoring and enforcement by the DIR. Supplier will forfeit, as a penalty, not more than $200 for each calendar day or portion thereof for each worker that is paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any portion of the Services provided by Supplier or any sub-supplier. The amount of this penalty will be determined pursuant to applicable law. Such forfeiture amounts may be deducted from the amounts due under the Agreement. If there are insufficient funds remaining in the amounts due under the Agreement, Supplier will DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305
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be liable for any outstanding amount remaining due. Supplier will also pay to any worker who was paid less than the prevailing wage rate for the work or craft for which the worker was employed for any portion of the Services, for each day, or portion thereof, for which the worker was paid less than the specified prevailing per diem wage rate, an amount equal to the difference between the specified prevailing per diem wage rate and the amount which was paid to the worker. Review of any civil wage and penalty assessment will be made pursuant to California Labor Code section 1742.
ARTICLE 25 – FAIR WAGE/FAIR WORK
If the Agreement is for Services that will be performed at one or more UC Locations, does not solely involve furnishing Goods, and are not subject to extramural awards containing sponsor-mandated terms and conditions, Supplier warrants that it is in compliance with applicable federal, state and local working conditions requirements, including but not limited to those set forth in Articles 11, 12 and 14 herein, and that Supplier pays its employees performing the Services no less than the UC Fair Wage. Supplier agrees UC may conduct such UC Fair Wage/Fair Work interim compliance audits as UC reasonably requests, as determined in UC’s sole discretion. Supplier agrees to post UC Fair Wage/Fair Work notices, in the form supplied by UC, in public areas (such as break rooms and lunch rooms) frequented by Supplier employees who perform Services.
For Services that exceed $100,000 annually and are not subject to prevailing wage requirements, Supplier will, a) at Supplier’s expense, provide an annual independent verification performed by a licensed public accounting firm (independent accountant) or the Supplier’s independent internal audit department (http://na.theiia.org/standards-guidance/topics/Pages/Independence-and-Objectivity.aspx) in compliance with UC’s required verification standards and procedures, concerning Supplier’s compliance with this provision, and b) ensure that in the case of a UC interim audit, its independent accountant/independent internal auditor makes available to UC its UC Fair Wage/Fair Work work papers for the most recent verification period. Supplier agrees to provide UC with a UC Fair Wage/Fair Work verification annually, in a form acceptable to UC, no later than ninety days after each one-year anniversary of the agreement’s effective date, for the twelve months immediately preceding the anniversary date. All Supplier FW/FW compliance resources available here:
https://www.ucop.edu/procurement-services/for-suppliers/fwfw-resources-suppliers.html.
ARTICLE 26 – MEDICAL DEVICES
This Article applies when the Goods and/or Services involve UC purchasing or leasing one or more medical devices from Supplier, or when Supplier uses one or more medical devices in providing Goods and/or Services to UC.
Medical Device as used herein will have the meaning provided by the U.S. Food and Drug Administration (“FDA”) and means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component part, or accessory which is: (i) recognized in the official National Formulary, or the United States Pharmacopoeia, or any supplement to them; (ii) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals, or (iii) intended to affect the structure or any function of the body of man or other animals, and which does not achieve any of its primary intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of any of its primary intended purposes.
Supplier warrants that prior to UC’s purchase or lease of any Medical Device or Supplier’s use of any Medical Device in providing Goods and/or Services hereunder, Supplier will: (i) perform security testing and validation for each such Goods and/or Services or Medical Device, as applicable; (ii) perform a security scan by an anti-virus scanner, with up-to-date signatures, on any software embedded within any Goods and/or Services or Medical Device, as applicable, in order to verify that the software does not contain any known viruses or malware; (iii) conduct a vulnerability scan encompassing all ports and fuzz testing; and (iv) provide UC with reports for (i) – (iii). Supplier warrants that all security testing performed by Supplier covers all issues noted in the “SANS WE TOP 25” and/or “OWASP Top 10” documentation.
Throughout Supplier’s performance of this Agreement, Supplier will provide UC with reasonably up-to-date patches, firmware and security updates for any Medical Device provided to UC, and any other Medical Device used in the course of providing Services, as applicable. All such patches and other security updates will be made available to UC within thirty (30) days of its commercial release or as otherwise recommended by Supplier or Supplier’s sub-supplier, whichever is earlier.
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Supplier warrants that all software and installation media not specifically required for any Medical Device used by Supplier or Goods and/or Services delivered to UC under this Agreement as well as files, scripts, messaging services and data will be removed from all such Goods and/or Services or Medical Device following installation, and that all hardware ports and drives not required for use or operation of such Goods and/or Services or Medical Device will be disabled at time of installation. In addition, Medical Devices must be configured so that only Supplier-approved applications will run on such Medical Devices.
Supplier agrees that UC may take any and all actions that it, in its sole discretion, deems necessary to address, mitigate and/or rectify any real or potential security threat, and that no such action, to the extent such action does not compromise device certification, will impact, limit, reduce or negate Supplier’s warranties or any of Supplier’s other obligations hereunder.
Supplier warrants that any Medical Device provided to UC, and any other Medical Device used in the course of providing such Goods and/or Services, meet and comply with all cyber-security guidance and similar standards promulgated by the FDA and any other applicable regulatory body.
If the Goods and/or Services entail provision or use of a Medical Device, Supplier will provide UC with a completed Manufacturer Disclosure Statement for Medical Device Security (MDS2) form for each such Medical Device before UC is obligated to purchase or lease such Medical Device or prior to Supplier’s use of such device in its performance of Services. If Supplier provides an MDS2 form to UC concurrently with its provision of Goods and/or Services, UC will have a reasonable period of time to review such MDS2 form, and if the MDS2 form is unacceptable to UC, then UC in its sole discretion may return the Goods or terminate the Agreement with no further obligation to Supplier.
ARTICLE 27 – FORCE MAJEURE
Neither Party will be liable for delays due to causes beyond the Party’s control (including, but not restricted to, war, civil disturbances, earthquakes, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather).
ARTICLE 28 – ASSIGNMENT AND SUBCONTRACTING
Except as to any payment due hereunder, Supplier may not assign or subcontract the Agreement without UC’s written consent. In case such consent is given, the assignee or subcontractor will be subject to all of the terms of the Agreement.
ARTICLE 29 – NO THIRD-PARTY RIGHTS
Nothing in the Agreement, express or implied, is intended to make any person or entity that is not a signer to the Agreement a third-party beneficiary of any right created by this Agreement or by operation of law.
ARTICLE 30 – OTHER APPLICABLE LAWS
Any provision required to be included in a contract of this type by any applicable and valid federal, state or local law, ordinance, rule or regulations will be deemed to be incorporated herein.
ARTICLE 31 – NOTICES
A Party must send any notice required to be given under the Agreement by overnight delivery or by certified mail with return receipt requested, to the other Party’s representative at the address specified by such Party.
ARTICLE 32 – SEVERABILITY
If a provision of the Agreement becomes, or is determined to be, illegal, invalid, or unenforceable, that will not affect the legality, validity or enforceability of any other provision of the Agreement or of any portion of the invalidated provision that remains legal, valid, or enforceable.
DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305
Revised 5/9/19
Terms and Conditions of Purchase
ARTICLE 33 – WAIVER
Waiver or non-enforcement by either Party of a provision of the Agreement will not constitute a waiver or non-enforcement of any other provision or of any subsequent breach of the same or similar provision.
ARTICLE 34 – AMENDMENTS
The Parties may make changes in the Goods and/or Services or otherwise amend the Agreement, but only by a writing signed by both Parties’ authorized representatives.
ARTICLE 35 – GOVERNING LAW AND VENUE
California law will control the Agreement and any document to which it is appended. The exclusive jurisdiction and venue for any and all actions arising out of or brought under the Agreement is in a state court of competent jurisdiction, situated in the county in the State of California in which the UC Location is located or, where the procurement covers more than one UC Location, the exclusive venue is Alameda County, California.
ARTICLE 36 – SUPPLIER TERMS
Any additional terms that Supplier includes in an order form or similar document will be of no force and effect, unless UC expressly agrees in writing to such terms.
ARTICLE 37 – SURVIVAL CLAUSE
Upon expiration or termination of the Agreement, the following provisions will survive: WARRANTIES; INTELLECTUAL PROPERTY, COPYRIGHT AND PATENTS; INDEMNITY; USE OF UC NAMES AND TRADEMARKS; LIABILITY FOR UC-FURNISHED PROPERTY; COOPERATION; TERMS APPLICABLE TO THE FURNISHING OF GOODS; AUDIT REQUIREMENTS; PROHIBITION ON UNAUTHORIZED USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION; GOVERNING LAW AND VENUE, and, to the extent incorporated into the Agreement, the terms of the APPENDIX–DATA SECURITY, APPENDIX–BUSINESS ASSOCIATES, and/or APPENDIX – GENERAL DATA PROTECTION REGULATION.
DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305
Revised 7/12/17 Page 2 of 4
4. UC Obligations
Not Applicable
5. Place(s) of Performance
Supplier agrees to make available products and services to any UC location upon the terms, conditions, and pricing set forth in this agreement. Additionally, products and services will be made available nationally through OMNIA Partners member agencies.
6. Key Personnel
Supplier’s Account Manager is listed below, is subject to UC approval, and has overall responsibility for managing the UC/Supplier relationship:
Name Tamlin Antoine
Phone 202.480.6461
Email [email protected]
Address 924 Milliken Road
Spartanburg, SC 29303
UC’S Project Manager, responsible for acceptance/rejection of project results/deliverables, is:
Name Reynaldo Cano-Boza
Phone 510.987.9893
Email [email protected]
Address 7835 Trade Street, Suite 100
San Diego, CA 92121
7. Reporting Requirements
Quarterly and Monthly Reports as described in Attachment C, including:
Quarterly – Recycling & Reclamation
Quarterly – Small Business Utilization
Monthly – Purchases
Supplier agrees to register and participate in an assessment of their sustainability practices and procedures through EcoVadis Corporate Social Responsibility (CSR) monitoring platform within 60 days of agreement signature.
Supplier agrees to provide other reports as reasonably requested by UC during the Term of the Agreement and any extension(s) to the Term at no additional cost to UC.
8. Service Level Agreement
During the Term of the Agreement, and any extension(s) of the Term, Supplier will meet Service Levels defined under section 5 requirements as defined in University of California Request for Proposal “#001225- May2019 - University of California Systemwide Flooring”.
DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305 Revised 7/12/17 Page 3 of 4
The minimum service standards set forth above recognize that occasional errors are likely; however, Supplier further agrees to use its best efforts to achieve 100% of service levels. Should the service levels fall below the minimum standards and Supplier does not take corrective action within fourteen (14) days following UC written notification, UC reserves the right to terminate the Agreement immediately.
9. Program Requirements
Order Packaging and Labeling. Supplier agrees that each UC order will be individually wrapped and labeled with the following information:
Purchase Order number;
Product description, quantity and catalog number of the product ordered and an open 30-character field for internal identification e.g., UC storehouse catalog numbers and/or internal customer order numbers; and
Other information, as may be requested by ordering UC Location.
Packaging slips will be attached to the outside of the package such that it can be inspected by UC at the requesting department and/or receiving dock.
Receiving Locations. Supplier agrees to provide desktop and dock delivery to all UC current and future authorized personnel delivery points, as requested by UC.
Standard Delivery Requirements. Supplier will deliver Monday through Friday, excluding UC- and Supplierobserved holidays. Supplier provide UC with a schedule on or before September 1 of the following calendar year showing holidays and other planned shutdowns (such as the annual inventory) that would impact Supplier’s ability to deliver the Goods and/or Services. Supplier agrees to deliver all UC orders received by 3:30pm Pacific Time the next business day as follows:
Campus direct (desktop delivery) - by 3:30 pm Pacific Time Storehouse (drop ship delivery) - by 10:00 am Pacific Time Delivery Delays. Supplier will report any delivery delay whatsoever to the ordering Location, as well as its cause, within two (2) hours after Supplier is able to reasonably determine there will be a delay; the report will be provided to UC by telephone, e-mail, or facsimile. Supplier will keep UC fully informed and will take all reasonable action in eliminating the cause of delay.
Returns. Supplier agrees to accept standard Goods returned by UC if in resalable condition and if made within thirty (30) days of original shipment. Returns of standard goods may result in a 15% restocking fee, as well as any applicable shipping charges. Returns will not be allowed on custom or made to order styles.
Supplier agrees to pay freight on any returns resulting from an error in shipment including, but not limited to, incorrect style, quantity, location, etc.
Credit. Requests for credit can be transmitted by the ordering UC personnel via the established order management system (telephone, fax, paper return form, and web-based). Chargebacks and credit memos will be issued to UC ordering departments in the current month’s billing period. Return items will be credited at cost. If Goods were purchased via UC purchasing card, credit must be issued to the same purchasing card.
Out of Stock Items. If there is an out of stock situation of any ordered inventoried item(s), the out of stock item will be added to the back order file and will be delivered to UC when the item is in stock without a further order being submitted.
Surveys. Supplier will, at UC’s request, conduct customer surveys of UC orders through questionnaires. The content of these surveys will be approved by UC. UC will be responsible for the tabulation of these surveys.
DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305 Revised 7/12/17 Page 4 of 4
10. Partnership Opportunities
Upon mutual terms, Supplier and UC Campuses may engage in partnership opportunities that align the teaching, research and service mission of the University with strategic supplier relationships. These opportunities allow the Supplier to more directly impact student, faculty, staff, and alumni stakeholders throughout the University. Opportunities may include, but are not limited to:
Student Internship & Career Development Opportunities Projects & Research focused on advancing sustainability of flooring products & services Guest lecture opportunities for design, engineering, sustainability, and business disciplines Sponsorship of Intercollegiate Athletics, Alumni, Associated Student Groups, etc.
11. Changes to the Services
UC may desire to change the Goods and/or Services following execution of an SOW. If so, UC will submit a written Amendment to Supplier describing the changes in appropriate detail. If an Amendment does not require Supplier to incur any additional material costs or expenses, then Supplier will make the modification within ten (10) business days of Supplier’s receipt of UC’s Amendment. If an Amendment does require that Supplier incur additional material costs or expenses, then Supplier in good faith will provide UC with a written, high level, non-binding assessment of the costs and expenses and the time required to perform the modifications required by the Amendment, within ten (10) business days of Supplier’s receipt of UC’s Amendment. UC will notify Supplier in writing within ten (10) business days after receipt of Supplier’s response to the Amendment as to whether UC wishes Supplier to implement the Amendment based on the response. UC will compensate Supplier for implementation of an Amendment in accordance with the terms and conditions of the relevant Amendment and Supplier’s response to the Amendment, if any. Supplier’s implementation of an Amendment will not delay the performance of Services and/or the delivery of deliverables not reasonably affected by an Amendment.
12. No Mandatory Use
Because there is no mandatory use policy at UC, nothing in this Statement of Work will be construed to prevent UC from entering into similar agreements with any third parties including, without limitation, suppliers that may be in competition with Supplier.
This Statement of Work is signed below by the parties’ duly authorized representatives.
THE REGENTS OF THE Milliken Services, LLC
UNIVERSITY OF CALIFORNIA
________________________________ ____________________________________ (Signature) (Signature)
________________________________ ____________________________________ (Printed Name, Title) (Printed Name, Title)
________________________________ ____________________________________ (Date) (Date)
DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305 Tamlin Antoine Director of Government Sales
4/20/2020
Executive Director
4/23/2020
Justin Sullivan
Confidential Information
MSRP
Percent
Discount off
MSRP
Additional
Volume
Based
Discounts Disclosure of Chemicals of Concern
Does Product
have an EPD Third Party Certifications
Modular Carpet Products (Per Sq. Yd)
Arcadia 1m, 25cmx1m
$ 25.10
$ 108.65 76.90 No Flame Retardants Yes
Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
Archipelago 50cm
$ 29.09
$ 113.75 74.43 No Flame Retardants Yes
Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
Arctic Survey 25cm x 1m $ 38.76
$ 130.79 70.37 No Flame Retardants Yes
Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
City Proper 50cm $ 33.59
$ 111.59 69.89 No Flame Retardants Yes
Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
Common Thread 50cm $ 23.62
$ 81.65 71.07 No Flame Retardants Yes
Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
Continental 25cm x 1m $ 32.77
$ 108.99 69.93 No Flame Retardants Yes
Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
Formwork 50cm, 25cm x 1m
$ 26.98
$ 77.69 65.27 No Flame Retardants Yes
Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
Ghost Artist Collection 50 cm $ 35.89
$ 71.39 49.72 No Flame Retardants Yes
Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
Journal 50CM
$ 26.32
$ 91.99 71.39 No Flame Retardants Yes
Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
Major Frequency: One
25cm x 1m $ 54.99 28.90 $ 47.44 No Flame Retardants Yes Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
UCOP Agreement #2020002150
Attachment B - University of California Price Schedule
Product Name/Category Product Size Member Cost Freight Included DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305 Major Frequency: Two 25cm x 1m 50cm x 1m
$ 40.99 23.09 $ 43.66 No Flame Retardants Yes
Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
Monuments & Shrines 50cm $ 34.13
$ 101.15 66.25 No Flame Retardants Yes
Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
Motionscape 25cm x 1m $ 91.35 29.33 $ 67.90 No Flame Retardants Yes Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
New Slant
25cm x 1m $ 39.23
$ 128.85 69.56 No Flame Retardants Yes
Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
Nordic Stories - Loop & Tip Shear 50cm $ 83.99 28.43 $ 66.15 No Flame Retardants Yes Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
Sound and Fury 50cm $ 32.96
$ 96.15 65.72 No Flame Retardants Yes
Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
Southern Analog 50cm $ 33.95
$ 76.79 55.79 No Flame Retardants Yes
Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
Surface Study-Surface Study 50cm $ 27.92
$ 107.29 73.98 No Flame Retardants Yes
Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305 Textured Sky 25cm x 1m 50cm x 50cm $ 41.64
$ 126.59 67.11 No Flame Retardants Yes
Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
Whale Song 50cm $ 32.14
$ 114.99 72.05 No Flame Retardants Yes
Cradle to Cradle Silver,
Declare, CRI Green Label Plus,
NSF 140 Gold. Milliken Carpet
Tile can meet NSF 140
Platinum if required.
Broadloom Carpets (Per Sq. Yd.)
Formwork 13'6"BL $ 19.17 $ 28.89 33.66 No Flame Retardants Yes Declare, CRI Green Label Plus,
NSF 140 Gold
Adhesives, Backing Treatments, and UOM
TractionBack - Non Adhesive Backing Per Sq. Yd. $ 1.51
Milliken Non-Reactive Standard Adhesive (4 gallon pail) - 150 sq. yd.avg. spread rate per pail 4 Gallon $ 126.16 Milliken Non-Reactive Standard Adhesive (pallet qty.) 4 Gallon $ 119.72 Milliken Moisture Extreme Spray Adhesive 75 sq. yd. spread rate per 6-pack 6 packs $ 797.63 Milliken LVT Adhesive Spread Rate 220-260 sq. ft./gallon 1 Gallon $ 38.12 Milliken LVT Adhesive Spread Rate 220-260 sq. ft./gallon 4 Gallon $ 129.03 Acousti-Loc Adhesive Porous - 200 sqft / gallon, Non Porous - 250 sqft / gallon 2 Gallon $ 139.59 Premium Underlayment for Luxury Vinyl Tile 100 Sq. Ft. (4 Rolls/Box) $ 283.87 Broadloom Adhesive - 4 gal pail 30 sq. yd. avg. spread rate per pail 4 Gallon $ 72.27 Broadloom Adhesive (pallet Qty.) 4 Gallon $ 68.69
LVT Products (Per Sq. Ft.)
Abstract - Fibre 18" x 36" $ 3.59 3.33 $ 7.24 No Polyvinyl Chloride Yes Dec are, FloorScore, EPD Abstract - Twist 18" x 18" $ 3.59 3.33 $ 7.24 No Polyvinyl Chloride Yes Dec are, FloorScore, EPD District Collection - Midtown Village 18" x 18" $ 3.59 3.33 $ 7.24 No Polyvinyl Chloride Yes Dec are, FloorScore, EPD Stone - Charlotte, Slate 18" x 18" $ 3.59 3.33 $ 7.24 No Polyvinyl Chloride Yes Dec are, FloorScore, EPD Stone - Serpeggiante 12" x 24" $ 3.59 3.33 $ 7.24 No Polyvinyl Chloride Yes Dec are, FloorScore, EPD Stone - Stone 18" x 36" $ 3.59 3.33 $ 7.24 No Polyvinyl Chloride Yes Dec are, FloorScore, EPD Wood - Apple Wood, Oak, 5" x 48" $ 3.59 3.33 $ 7.24 No Polyvinyl Chloride Yes Dec are, FloorScore, EPD Wood - Cherry, Eucalyptus Saligna, Fine Line, Kokutan, Laurel Oak, Rosecliff Cherry, Rosewood, Rustic Pine, Teak 7" x 48"
$ 3.59 3.33 $ 7.24 No Polyvinyl Chloride Yes Dec are, FloorScore, EPD Wood - Aged Oak, Fissure Oak 9" x 48" $ 3.59 3.33 $ 7.24 No Polyvinyl Chloride Yes Dec are, FloorScore, EPD Loose Lay Abstract - Immersive Cross Cut, Immersive Vertical 7.9" x 39.4" $ 4.69 4.50 $ 4.05 No Polyvinyl Chloride Yes Dec are, FloorScore, EPD Loose Lay Abstract - Immersive Square, Tactual 19.7" x 19.7" $ 4.69 4.50 $ 4.05 No Polyvinyl Chloride Yes Dec are, FloorScore, EPDLoose Lay Abstract - Sensations. Tangible 18" x 36" $ 4.69 4.50 $ 4.05 No Polyvinyl Chloride Yes Dec are, FloorScore, EPDLoose Lay Abstract - Power Grid, Polished Concrete 36" x 36" $ 4.69 4.50 $ 4.05 No Polyvinyl Chloride Yes Dec are, FloorScore, EPD Loose Lay Natural Collection - Fargesia Bamboo, Heritage Wood, Eero, Shenandoah, Pike, Gunnison 9" x 59.72"
$ 4.69 4.50 $ 4.05 No Polyvinyl Chloride Yes Dec are, FloorScore, EPD DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305 Metro Park Rigid Form - Shenandoah, Pike,
Kokutan, Euclaytus Saligna, Applewood Heritage Wood
7" x 48"
$ 4.06 $ 18.83 No Polyvinyl Chloride Yes Declare, FloorScore 5.00 Metro Park Rigid Form - Tangible 18" x 36 $ 4.06 $ 18.83 No Polyvinyl Chloride Yes Declare, FloorScore 5.00 Yes
Change Agent Relic - Rune, Philosphy, Virtue, Shrine, Antiquity, Heirloom, Artifact, Fortune, Hero, Elixir, Figure, Quest 25cm x 100cm
$ 4.74 $ 1.07 No Polyvinyl Chloride Yes Declare, FloorScore 4.79 Change Agent Conjure - Arise, Spirit, Ember, Nexus, Ash, Cycle, Coal 25cm x 150cm $ 4.74 $ 1.07 No Polyvinyl Chloride Yes Declare, FloorScore 4.79 Change Agent Rootwork - Enchant, Harvest, Sacred, Divine, Crest, Honor, Revere, Heir, Legend 25cm x 150cm
$ 4.74 $ 1.07 No Polyvinyl Chloride Yes Declare, FloorScore 4.79 Max Order from Inventory - 200m2, 240yd2,
2160ft2
Installation Prices ("NOT TO EXCEED" costs)
**Actual Installation costs will require site review and estimate**Cove base: furnish and install 4" LNF 2.75 $ Cove base: Furnish and install 4.5" LNF 2.90 $ Cove base: furnish and install 6" LNF $ 3.00 Transition strips: Metal (furnish&install) LNF 4.00 $ Transition strips: Vinyl (furnish&install) LNF 4.00 $ Stair nosing (furnish and install) LNF 5.00 $ Stair tread (furnish and install) LNF 40.00 $ Floor Prep Per Sq. Ft. 1.00 $ Furnish and Install Standard VCT Per Sq. Ft. 2.75 $ Furnish and Install SRT/VCT Slip Resistant Per Sq. Ft. 7.00 $ Install LVT Per Sq. Ft. 2.75 $ Underlayment Install - NTE Level Per Sq. Ft. 2.25 $ Remove VCT or LVT Per Sq. Ft. $ 1.75 *Furnish and Install Hard SurfaceTile/Wood/Rubber Tile Per Sq. Ft. $ 20.00Labor: Material Handling/Staging Per Sq. Yd. $2.00Labor: Hard Surface Tile Removal Per Sq. Ft. 5.00 $ **Scarify Subfloor Per Sq. Ft. 1.10 $ **Note this services requires a $500 minimum trip chargeInstall Carpet cove base LNF 4.00 $ Labor: install carpet (rennovation) Per Sq. Yd. 9.00 $ Labor: install carpet (new construction) Per Sq. Yd. 8.50 $ Labor: remove existing carpet Per Sq. Yd. 3.50 $ Labor: move furniture (light moving) Per Sq. Yd. 5.00 $ Labor: move furniture (medium moving) Per Sq. Yd. 9.00 $ Labor: move furniture (heavy moving) Per Sq. Yd. 27.00 $ Labor nights & weekends upcharge Per Sq. Yd. 5.00 $ Material disposal Per Sq. Yd. 1.25 $ Labor: Stairs LNF 3.00 $ 30 Yard Dumpster Each 1,000.00 $ Moisture Abatement quote per project Moisture Testing: Per Test NTE (Includes
tests and labor/time to set and read) Each 250.00 $
Project Management Fee on Turnkey projects up to 20% of contract value *Note this price includes setting materials, grout and base but does not include epoxy, mud bed or waterproofing
DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305 Authorized Exceptions and Notes to Pricing Listed Above:
>Per F.A.R. Sec ion 52.299-4 c, the vendor will charge for reimbursement of taxes imposed on the contractor>All Installa ion projects are subject to an administrative processing feePayment and Performance Bonds, Floor and Equipment protection and Long Term Storage of Materials.
All Prices include freight (FOB Destination, contiguous U S ) Orders should be entered as inclusive of Freight > Mobilization charges may apply if installation crew arrives on project site and cannot perform scheduled work due to unexpected conditions by customer.>When Installation is purchased, the contract price will be increased in States where State and, or Local taxes are applicable for installed projects>Prevailing Wage, Union Labor, and High-Cost Areas are not included in pricing listed above. Pricing for hese projects will be project and quote specific according to the specific market. High-Cost areas include, but are not limited to the following: Boston, Chicago, Kansas City, Los Angeles, Miami, New York, Philadelphia, San Diego, San Francisco, St. Louis, Washington, D.C.>Open Market Items: Certain projects may require products and services not listed in the contract. These items will be priced and provided at open market price.>Project Minimums: Carpet Installation Pricing is for projects of 250sy or more. If project requires less than 250sy, minimum charges may apply.>Project Minimums: LVT/VCT Installation Pricing is for projects 750sf or more. If project requires less than 750sf, minimum charges may apply.>Turnkey Invoicing: Material will be invoiced as it is shipped (or phased) and labor will be invoiced upon completion of project.>Exclusions: Asbestos Testing and Abatement, Major floor prep and Leveling, Hoisting, Handling electronic equipment including (but not limited to) computers, telephones and personal belongings.
DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305 SUPPLIER Milliken Services
Labor Description UOM Standard Rates Prevailing Wage Standard Rates Prevailing Wage Standard Rates Prevailing Wage Standard Rates Prevailing Wage Standard Rates Prevailing Wage Standard Rates Prevailing Wage Installation Carpet Tile SqYD $ 9.00 $ 14.50 $ 9.00 $ 14.50 $ 9.00 $ 11.00 $ 9.00 $ 14.50 $ 9.00 $ 13.25 $ 9.00 $ 12.00 Removal of Carpet Tile SqYD $ 3.50 $ 5.00 $ 3.50 $ 5.00 $ 3.50 $ 5.25 $ 3.50 $ 5.00 $ 3.50 $ 4.75 $ 3.50 $ 4.00 Installation Broadloom (direct glue down) SqYD $ 9.00 $ 18.50 $ 9.00 $ 18.50 $ 9.00 $ 10.50 $ 9.00 $ 18.50 $ 9.00 $ 13.25 $ 9.00 $ 11.50 Installation Broadloom (w/Pattern) SqYD $ 9.00 $ 22.50 $ 9.00 $ 22.50 $ 9.00 $ 10.50 $ 9.00 $ 22.50 $ 9.00 $ 13.25 $ 9.00 $ 11.50 Removal of Broadloom (direct glue down) SqYD $ 3.50 $ 5.50 $ 3.50 $ 5.50 $ 3.50 $ 5.50 $ 3.50 $ 5.50 $ 3.50 $ 4.75 $ 3.50 $ 4.50 Removal of Double Stick Installation SqYD $ 7.00 $ 8.50 $ 7.00 $ 8.50 $ 7.00 $ 7.50 $ 7.00 $ 8.50 $ 7.00 $ 8.00 $ 7.00 $ 7.50 Removal/Disposal Resilient Flooring SqFt $ 2.00 $ 4.00 $ 2.00 $ 4.00 $ 2.00 $ 2.50 $ 2.00 $ 4.00 $ 2.00 $ 3.00 $ 2.00 $ 2.50 Carpet Disposal SqYD $ 1.25 $ 1.75 $ 1.25 $ 1.75 $ 1.25 $ 1.50 $ 1.25 $ 1.75 $ 1.25 $ 1.50 $ 1.25 $ 1.50 Carpet Reclamation Fee SqYD $ 2.00 $ 2.00 $ 2.00 $ 2.00 $ 2.00 $ 2.00 $ 2.00 $ 2.00 $ 2.00 $ 2.00 $ 2.00 $ 2.00 Installation of VCT SqFt $ 2.75 $ 4.00 $ 2.75 $ 4.00 $ 2.75 $ 3.00 $ 2.75 $ 4.00 $ 2.75 $ 3.50 $ 2.75 $ 3.00 Installation of Luxury Vinyl Tile SqFt $ 2.75 $ 5.00 $ 2.75 $ 5.00 $ 2.75 $ 3.50 $ 2.75 $ 5.00 $ 2.75 $ 4.50 $ 2.75 $ 3.50 Installation of Rubber (Tile or Roll)Installation of Sheet VinylHeat Welding (Sheet Vinyl)Installation Flash Cove (Sheet Vinyl) Palletize/Shrink Wrap Old Carpet for Reclamation SqYD $ 1.50 $ 2.00 $ 1.50 $ 2.00 $ 1.50 $ 2.00 $ 1.50 $ 2.00 $ 1.50 $ 2.00 $ 1.50 $ 2.00 Conventional Furniture Moving (Light) SqYD $ 5.00 $ 15.00 $ 5.00 $ 15.00 $ 5.00 $ 9.00 $ 5.00 $ 15.00 $ 5.00 $ 12.50 $ 5.00 $ 10.00 Conventional Furniture Moving Medium) SqYD $ 9.00 $ 17.00 $ 9.00 $ 17.00 $ 9.00 $ 11.00 $ 9.00 $ 17.00 $ 9.00 $ 15.00 $ 9.00 $ 12.00 L I F T Systems / Carpet Tile Projects Only SqYD $ 20.00 $ 27.00 $ 20.00 $ 27.00 $ 20.00 $ 21.00 $ 20.00 $ 27.00 $ 20.00 $ 25.00 $ 20.00 $ 22.50 Moisture Testing EACH $ 250.00 $ 300.00 $ 250.00 $ 300.00 $ 250.00 $ 300.00 $ 250.00 $ 300.00 $ 250.00 $ 300.00 $ 250.00 $ 300.00 Furnish/Install Resilient 4" Base Linear FT $ 2.75 $ 4.00 $ 2.75 $ 4.00 $ 2.75 $ 3.00 $ 2.75 $ 4.00 $ 2.75 $ 3.75 $ 2.75 $ 3.25 Furnish/Install Resilient 6" Base Linear FT $ 3.00 $ 5.50 $ 3.00 $ 5.50 $ 3.00 $ 3.50 $ 3.00 $ 5.50 $ 3.00 $ 5.00 $ 3.00 $ 4.00 Furnish/Install Carpeted 4" BaseFurnish/Install Carpeted 6" BaseFurnish/Install Transition Linear FT $ 4.00 $ 6.50 $ 4.00 $ 6.50 $ 4.00 $ 4.50 $ 4.00 $ 6.50 $ 4.00 $ 6.00 $ 4.00 $ 5.00 Tile Laying & Installation SqFt $ 20.00 $ 25.00 $ 20.00 $ 25.00 $ 20.00 $ 25.00 $ 20.00 $ 25.00 $ 20.00 $ 25.00 $ 20.00 $ 25.00 Floor Prep ‐ Skim Coating to 1/8 inch (Material & Labor) SqFt $ 1.00 $ 3.50 $ 1.00 $ 3.50 $ 1.00 $ 2.50 $ 1.00 $ 3.50 $ 1.00 $ 3.25 $ 1.00 $ 3.00 Floor Prep Self leveling to 1/4 inch (Material & Labor) SqFt $ 2.00 $ 5.50 $ 2.00 $ 5.50 $ 2.00 $ 4.00 $ 2.00 $ 5.50 $ 2.00 $ 3.75 $ 2.00 $ 5.50 Hourly Rate for Services Not Listed Hourly Labor Rate $ 95.00 $ 145.00 $ 95.00 $ 145.00 $ 95.00 $ 125.00 $ 95.00 $ 145.00 $ 95.00 $ 120.00 $ 95.00 $ 105.00 Project Management Fees EACH 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% Installation ADD ON ‐ Night/Weekend SqYD $ 5.00 $ 6.50 $ 5.00 $ 6.50 $ 5.00 $ 3.50 $ 5.00 $ 6.50 $ 5.00 $ 6.00 $ 5.00 $ 5.50 Installation ADD ON ‐ Sunday SqYD $ 10.00 $ 13.00 $ 10.00 $ 13.00 $ 10.00 $ 7.00 $ 10.00 $ 13.00 $ 10.00 $ 12.00 $ 10.00 $ 11.00 NorCal (Area 1 ‐ UCB,UCSF) NorCal (Area 2 ‐ UCSC) NorCal (Area 3 ‐ UCD) NorCal (Area 4 ‐ UCM) SoCal (Area 1 ‐ UCLA, UCI, UCR, UCSB) San Diego ‐ UCSD DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305 SUPPLIER: Milliken Services
New York Region 1:
Bronx, Queens, Kings,
Richmond, Nassau,
Suffolk, Putnam,
Westchester & Orange
Counties
New York Region 2:
Erie, Niagara, St.
Lawrence, Franklin,
Essex, Jefferson, Lewis,
& Hamilton Counties
New York Region 3:
Remainder of State of
New York
Labor Description Labor Rate Labor Rate Labor Rate Non Union Rate Union Wage Rate Non Union Rate Union Wage Rate Non Union Rate Union Wage Rate Non Union Rate Union Wage Rate Non Union Rate Union Wage Rate Non Union Rate Union Wage Rate Monday ‐ Friday Standard 8 Hour Shift $ 175.00 $ 165.00 $ 150.00 $ 115.00 $ 150.00 $ 60.00 $ 80.00 $ 65.00 $ 85.00 $ 95.00 $ 125.00 $ 110.00 $ 145.00 $ 135.00 $ 175.00 Monday ‐ Friday Overtime $ 262.50 $ 247.50 $ 225.00 $ 172.50 $ 225.00 $ 90.00 $ 120.00 $ 97.50 $ 127.50 $ 142.50 $ 187.50 $ 165.00 $ 217.50 $ 202.50 $ 262.50 Saturday $ 262.50 $ 247.50 $ 225.00 $ 172.50 $ 225.00 $ 90.00 $ 120.00 $ 97.50 $ 127.50 $ 142.50 $ 187.50 $ 165.00 $ 217.50 $ 202.50 $ 262.50 Sunday & Holiday $ 350.00 $ 330.00 $ 300.00 $ 230.00 $ 300.00 $ 120.00 $ 160.00 $ 130.00 $ 170.00 $ 190.00 $ 250.00 $ 220.00 $ 290.00 $ 270.00 $ 350.00 Non‐Continental:
AK & HI
West
CA, CO, HI, AK, NV, NM, OR, WA, WY,
MT, ID, SD, ND, UT
South:
AR, AZ, TX, LA, MS
Southeast Region:
AL, FL, GA, KY, NC, SC,
Northeast Region:
MA, ME, VT, NH, CT, RI, PA, VA, DC, RI,
MD, DE, NJ
Central:
KS, OH, MI, MN, WI, MO, OK, MS, NE,
IA, PA, IL, IN
DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305
UCOP Agreement #2020002150 – Milliken Services, LLC Page 1 of 6 This Electronic Commerce Appendix specifies the electronic commerce requirements applicable to Supplier in providing the Goods and/or Services.
SECTION 1 - GENERAL TERMS
Each UC Location offers an electronic web-based purchasing and catalog system to facilitate the purchase of Goods and/or Services from UC suppliers. UC Locations’ eProcurement systems currently are provided by multiple service providers. Eight of the ten UC campuses utilize the same platform but may require separate implementations, as will the remaining campuses and/or Medical Centers. This Appendix sets forth the terms and conditions that will govern Supplier’s sale of Goods and/or Services through UC’s eProcurement systems.
SECTION 2 - DEFINITIONS
Catalog(s) refers to the list of detailed product information, agreement pricing, manufacturer part numbers and/or service descriptions relating to the Goods and/or Services to be offered either as a Punch-out Catalog, a Hosted Catalog or in a combination. This may include the creation of multiple Hosted Catalogs. eProcurement and eCommerce are used interchangeably to mean UC’s electronic web-based purchasing and catalog systems. Each UC location has a branded eProcurement site.
Go Live Date means the date on which a Catalog will be active.
Hosted Catalog means a Catalog that is a properly formatted computer file supplied to all UC Locations through the Locations’ respective eProcurement systems.
Order means a purchase order for Goods and/or Services placed by a User through an eProcurement system.
Order Data means all data and information relating to Orders, including, without limitation, the specifics of a given transaction.
Punch-out Catalog means a Catalog hosted by Supplier on Supplier’s Site. Users may access this Punch-out Catalog via an Internet link provided by Supplier to UC that redirects a User from the Location’s eProcurement system to Supplier Site.
Supplier Mark means Supplier’s name, trade name and/or trademarks, service mark, or any derivation thereof.
Supplier Site means an internet site operated and maintained by Supplier that has been made subject to this Appendix.
UC Mark means UC’s name, trade name and/or trademarks, service marks, or any derivation thereof.
User means an individual authorized by a UC location to use an eProcurement system.
SECTION 3 – RIGHT TO USE
UC grants to Supplier the right to sell Goods and/or Services to UC through the eProcurement systems, subject to the terms of this agreement. Supplier will be responsible for any cost of operation or dispute with regard to its interface with UC’s eProcurement systems.
Appendix- Electronic Commerce
DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305 UCOP Agreement #2020002150 – Milliken Services, LLC Page 2 of 6 SECTION 4 – e-PROCUREMENT SYSTEM RESPONSIBILITIES; MAINTENANCE OF CATALOG(S); LICENSE (a) e-Procurement Incentive
During the Term of the Agreement, and any extension(s) to the Term, Supplier agrees to provide UC Campuses annual incentive of 2% of net sales of products and services for e-Procurement activation. Incentive will be available to campuses that implement and activate Supplier’s catalogue, whether hosted or punch-out. (b) e-Procurement System Responsibilities.
Except as otherwise set forth herein, each party will be responsible, at its own expense, for: (i) developing, operating and maintaining its relevant system(s); (ii) acquiring and maintaining its server hardware and software (or obtaining third-party hosting services) for its relevant system(s); and (iii) maintaining Internet connectivity.
The supplier will enable its catalog with any UC location that requests one, as long as it is not out of the scope of the terms of the agreement or this appendix. The parties agree to electronically link the functionality of their respective systems, using commercially reasonable efforts.
Purchase Order and Invoice/Credit Memo Data will be transmitted between the systems according to the appropriate method for each University location, cXML, xCBL or EDI standards being preferred. Other methods of PO or Invoice/Credit Memo transmission will only be allowed at the discretion of each University location.
A supplier’s Punch-out site (if applicable) will permit: (a) Users to access the Supplier Site when a User selects the Punch-out Catalog; (b) Supplier site to send back user selected items to Location’s eProcurement system; (c) User to create an Order through the Location’s eProcurement system; and (d) UC eProcurement systems to forward an Order to Supplier for confirmation and Order processing along with Order status inquiry.
Supplier must be able to accommodate orders and invoices for multiple UC locations sharing a single eProcurement platform. Supplier must be able to identify the Punch-out session and transmitted PO as being from the individual locations. If providing a Punch-out catalog, Supplier must be able to accommodate multiple UC locations on a single platform using a single Punch-out site, unless requested otherwise by UC. (c) Maintenance of Hosted and Punch-out Catalogs.
Supplier will provide its Catalog(s) to UC in a file format that will interface seamlessly with UC’s eProcurement systems. These Catalog files will be in compliance with each UC Location’s eProcurement system.
UC makes no guarantee of a Go Live Schedule for establishment of a new catalog Systemwide, as each Location is a separate enablement and subject to resource availability. Timelines will be estimated and adjusted by UC as needed for concurrent implementations.
For Hosted Catalogs, Supplier must provide UC with updated versions of the Catalog file with, at a minimum, full descriptions and images that Supplier currently utilizes for items offered in its proprietary websites and Punch-out Catalogs. The parties will update each other regarding eCommerce specifications as needed from time to time.
Supplier must notify UC’s Contract Administrator at least three (3) weeks in advance of the proposed Go Live Date if it will be requesting additions, deletions, or modifications to the Catalogs. After such advance notification, Supplier must provide UC with Catalog files containing the requested additions, deletions, or modifications with no less than the lead time specified in Section 10 of this appendix. In addition, for price file updates with a mutually agreed upon activation of January 1, Supplier must submit proposed files at least five (5) weeks prior to the first working day in January. Upon UC’s approval of the new Catalog file, UC and Supplier will confirm the Go Live Date; the updated version of the Catalog file will be made effective on that Go Live date. If UC rejects a Catalog more than once because it does not meet UC’s acceptance criteria, the Contract Administrator will suspend Supplier’s price/content change until the date of Supplier’s next acceptable contracted change.
DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305 UCOP Agreement #2020002150 – Milliken Services, LLC Page 3 of 6 If there is a conflict between a price in a Hosted Catalog and a Punch-out Catalog, UC will be invoiced at the lower price. Supplier must notify UC in advance when substituting items, changing SKU numbers or changing the number of items in a package in any Catalog.
Content in Supplier catalog is limited to the categories specified in this agreement, with additional categories allowed at UC’s discretion. Supplier agrees that UC may block Catalog items at the category and/or SKU level.
The University will require Supplier to clearly identify products as Hazardous Materials, Radioactive, and Controlled Substances in the Supplier’s catalog, whether Hosted or Punch-out. For Punch-out the identifier will be returned to the cart of the Location’s eProcurement system, in a manner/field acceptable to the Location.
The University will require Supplier to clearly identify products with UC-recognized sustainability/green certifications in both hosted and Punch-out catalogs. UC’s Contract Administrator will work with Supplier to ensure that contract items that meet the UC criteria for Green/Sustainable products will be prioritized in all product searches. Products that do not meet UC’s minimum criteria requirements may be blocked in all hosted catalogs and Punch-out catalogs at UC’s discretion.
Supplier is responsible for providing UC with Catalogs that contain accurate pricing and data in accordance with the Agreement. If UC determines there are errors in the pricing or data attributes of a Catalog, UC will notify Supplier of those errors in writing and reject the Catalog. Supplier will have no more than ten (10) business days to review and correct the errors.
(d) License.
Supplier hereby grants to UC, at no additional cost, a limited, non-exclusive, royalty-free right to link to and access the Supplier Site from the eProcurement sites, subject to the terms and conditions herein and solely for the purpose of permitting Users to access the Services. All Supplier Marks will remain the sole property of Supplier. (e) Accessibility Requirements.
Supplier agrees that Supplier will make available Goods/Services accessible to people with disabilities and conform to the technical requirements of the relevant Revised Standards of Section 508 of the federal Rehabilitation Act. In addition, Supplier warrants that:
i. Any catalog content provided to UC will comply with the accessibility requirements of WCAG 2.0AA. ii. Supplier will promptly respond to and resolve any complaint regarding accessibility of any catalog content provided to UC.
SECTION 5 – USER SUPPORT
(a) UC Duties. Each UC Location will provide its Users with initial contact and system support assistance on all functionality and use issues for eProcurement (including links to the Supplier Site). When known, UC will promptly notify Supplier of any such issues relating to the Catalog, the Supplier Site, and/or other Supplier materials/systems. (b) Supplier Duties. Supplier will provide all customer support relating to the Catalog, Supplier Goods and/or Services, Invoicing/Payment/Credits, and Supplier Sites in a manner consistent with the customer support that Supplier provides to other customers, and at least as good as the customer support that Supplier provides to customers who are purchasing through any other means.
SECTION 6 – PROPRIETARY RIGHTS
UC’s Terms and Conditions of Purchase contains provisions regarding the parties’ rights and responsibilities with respect to intellectual property relating to the Goods and Services. Without altering those provisions, the parties DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305 UCOP Agreement #2020002150 – Milliken Services, LLC Page 4 of 6 additionally agree as follows: UC may require Supplier to “brand” Supplier’s Punch-out Catalog with one or more UC Marks. If UC requires Supplier to utilize one or more UC Marks on Supplier’s Punch-out Catalog, UC will provide the appropriate artwork and such artwork will be deemed to have been provided with a limited, non-exclusive, non-sublicensable right for Supplier to use it solely for the purpose of a UC-branded Punch-out Catalog hosted by Supplier and subject to the following terms:
(i) Supplier may not make any additional use of the UC Marks without UC’s prior written approval.
Supplier’s use of the UC Marks in the Punch-out Catalog must acknowledge UC's ownership of the UC Marks. Supplier will include all notices and legends with respect to UC trademarks, trade names, or copyrights as may be required by applicable trademark and copyright laws or which may be reasonably requested by UC. Supplier agrees not to claim any title to UC Marks or any right to use UC Marks except as permitted by this Appendix. Upon termination of this Appendix or the Agreement, all rights to UC Marks conveyed by UC to Supplier will cease and Supplier will destroy or return to UC all media with UC Marks. UC specifically reserves any and all rights to UC Marks not specifically granted to Supplier.
Supplier grants to UC the right to use Supplier's trademarks, logos, trade names, and service marks for the purpose of promoting UC eProcurement sites to the UC community. UC acknowledges Supplier's right, title, and interest in and to Supplier’s Marks and Supplier’s exclusive right to use and license the use of Supplier Marks and agrees not to claim any title to Supplier Marks or any right to use Supplier Marks except as permitted by this Appendix. UC will include all notices and legends with respect to Supplier trademarks, trade names, or copyrights as may be required by applicable trademark and copyright laws or which may be reasonably requested by Supplier. Upon termination of this Appendix, all rights to Supplier Marks conveyed by Supplier to UC will cease and UC will destroy or return to Supplier all media with Supplier Marks. Supplier specifically reserves any and all right to Supplier Marks not specifically granted to UC.
(ii) The licenses granted in the previous paragraphs regarding UC Marks and Supplier Marks are subject to the ongoing approval of the party owning the respective trademarks, logos, trade names, or copyrights.
Such ongoing approval includes the ability to terminate – at any time, for any reason, and in the sole discretion of the owner of the respective trademarks, logos, trade names, or copyrights – the trademark licenses provided in the preceding paragraphs for any particular trademark, logo, trade name, or copyrighted work without necessarily terminating this Appendix. Each party agrees not to take any action that will adversely reflect upon or damage the goodwill, reputation, or the brand value of the other party. Each party further agrees not to take any action that is inconsistent with the other party’s ownership of the respective trademarks, trade names, or copyrights. At all times (including following termination of the Agreement), Supplier agrees to comply with Section 92000 of California’s Education Code.
(a) Grant of License. Supplier hereby grants UC a non-exclusive, royalty-free: (i) license to use, copy, transmit, and display the Catalog, any information contained therein and the Supplier Marks for the purposes of permitting Customers to access information about and order Supplier Goods and/or Services from a Catalog and (ii) if Supplier is using a Punch-out Catalog, right to link to and access the Punch-out Catalog on the Supplier Site, for the purposes of permitting Customers to access the Supplier Website and permitting Customers to order Supplier Goods and/or Services.
(b) Modifications. UC will not modify or remove any of the proprietary rights markings in the Catalog. UC will not modify the content of the Catalog, except as indicated by Supplier, but may require Supplier to make and submit modifications if required as part of this agreement. However, for hosted catalogs, UC reserves the right to attach flags to catalog items as an aid to shoppers in selecting preferred items, such as green or recycled. UC will not make any representations or warranties, or provide any information, to any third party regarding any Supplier Goods and/or Services (including, but not limited to, any representations or warranties of any information regarding availability, delivery, pricing, characteristics, qualifications or specifications thereof). If UC believes in good faith that any Supplier information does not conform to the requirements of the associated UC Agreement or this Appendix, DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305 UCOP Agreement #2020002150 – Milliken Services, LLC Page 5 of 6 UC will be entitled to withdraw the Catalog from UC eProcurement sites. In such a case, UC will promptly notify the Supplier of the actions it has taken and will work with the Supplier promptly to resolve UC’s concerns. When UC’s concerns are satisfactorily resolved UC will promptly restore the Catalog, if appropriate. UC will have no liability to the Supplier or anyone else for exercising these rights. (c) Acknowledgment. Each party acknowledges that the technology embodied in the other party’s Site may be based on patented or patentable inventions, trade secrets, copyrights or other intellectual property or proprietary rights (“Intellectual Property Rights”) owned by the other party and its applicable licensors. (d) UC Rights. As between the parties, UC will be the sole owner of – or, with respect to any items licensed by UC, will retain all rights to all Intellectual Property Rights associated with UC eProcurement sites, including any modifications, updates, enhancements or upgrades to any of the foregoing, as well as any Order Data generated or collected on such site (collectively, the “UC Materials”). Except as provided herein, Supplier may not copy or use in any way, in whole or in part, any UC Materials without UC’s prior written approval. Any permitted copies of such property, in whole or in part, alone or as part of a derivative work, will remain UC’s sole property. Supplier agrees to reproduce and include UC’s copyright, trademark and other proprietary rights notices on any permitted copies of UC Materials including, without limitation, partial copies and copied materials in derivative works. Supplier will not copy or reproduce any third-party copyrighted or trademarked materials, which appear on or are otherwise associated with any UC eProcurement site without UC’s prior written consent.
SECTION 7 – MULTIPLE SUPPLIERS
Supplier acknowledges that all UC eProcurement sites are intended to facilitate Users’ ability to obtain Goods and/or Services from more than one supplier. Nothing in this Appendix will be construed to prevent UC from entering into similar agreements with any third parties including, without limitation, suppliers that may be in competition with Supplier.
SECTION 8 – WARRANTY DISCLAIMER
UC does not warrant that access to UC eProcurement sites will be uninterrupted or that the results obtained by use of UC eProcurement sites will be error-free.
SECTION 9 – DISPUTES AND CHANGES IN THE SERVICES
(a) UC and Supplier agree to negotiate in good faith to resolve problems, questions and disputes. (b) Where improvements and clarifications can be made in the business processes related to eProcurement, both parties agree to incorporate such changes as long as they are mutually agreed upon.
SECTION 10 – ADDITIONAL CONTRACTUAL TERMS
In addition to the provisions of Section 4, Section 10 provisions will govern the Catalogs. If the provisions of Sections 4 and 10 conflict, Section 10 will govern.
Type(s) of Catalog(s): At UC’s campus discretion, Supplier is allowed to implement a Hosted or Punch-out catalog in the UC eProcurement systems. Supplier will be required to comply with UC Location e-commerce requirements on a location by location basis, which includes the decision to move forward with Punch-out or Hosted. Any deviation from the type(s) specified herein must first be agreed upon by UC’s Contract Administrator.
Annual Number of Catalogs: Supplier is allowed to submit no more than 1 catalogs per calendar year, with changes as follows:
Content Additions, Deletions and Other Non-pricing Edits: Bi-annually DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305 UCOP Agreement #2020002150 – Milliken Services, LLC Page 6 of 6 Price Changes: Annually
o Allowable level of price change ($/%) will be in accordance with the terms of this agreement. o If a price file includes both content and pricing changes, it will count toward the pricing allocation.
Lead time: Supplier must load the Catalog price file into the e-Procurement system 10 working days prior to the planned go-live date. (Exception – for January 1 updates to enabled catalogs, Supplier must submit the price file no later than 5 weeks prior, as specified in section 4.) Number of catalog/price file versions to be supported for this agreement: 1 Categories allowed within Catalog: all products meeting University of California specifications Categories blocked within Catalog: all products that fall below University of California specifications DocuSign Envelope ID: 00D557F5-8C93-4D50-98E5-20C6B1CE3305 Questionnaire
Name
Questionnaire
Description
Skip Evaluation
SECTION NAME QUESTION NUMBER QUESTION TITLE MILLIKEN & COMPANY ‐ 1 Please describe
how your
company can
help offset the
cost associated
with AB2398
whether through
discount,
exchange, or
recycling credits.
We will discount all product
orders by $.35 to cover
incurred and offset incurred
cost associated with AB2398.
‐ 2 Please outline
rebate or volume
incentives you
are willing to
provide the
University.
Milliken is offering the
University best prices without
rebate or volume incentives
required.
‐ 3 Please indicate
your preferred
invoice delivery
method.
Traditional Invoice in Paper or
Email Format
001225‐May2019 ‐ University of
Value Add
Payment, Rebate, Recycling & Cost
Evaluation
No
‐ 4 Please indicate
your preferred
payment and
settlement terms
ACH Net 60
‐ 5 What additional
services, not
outlined within
this solicitation,
can your
company provide
in delivering
greater value to
the University?
Technical Design Services as
shown in the attached.
‐ 6 How can your
organization
support the
educational,
research, and
career
development
initiatives of our
campus
communities?
Upon request, conduct
seminars on transformational
change as it relates to large
manufacturing company’s and
how we at Milliken approach
education, research, and
career initiatives on college
campuses. We also continue
to host educational
conferences at our
headquarters Milliken
University.
s
PB-AAF.1 R5/26/09
Affirmative Action Supplement
Bid Number:
Bidder:
Department of the Treasury
Division of Purchase & Property
State of New Jersey
33 W. State St., 9th Floor
PO Box 230
Trenton, New Jersey 08625-0230
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.
Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.
The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to afford equal employment opportunities to minority and women workers consistent with Good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2, or Good faith efforts to meet targeted county employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.
* NO FIRM MAY BE ISSUED A PURCHASE ORDER OR CONTRACT WITH THE STATE UNLESS THEY COMPLY WITH THE
AFFIRMATIVE ACTION REGULATIONS
PLEASE CHECK APPROPRIATE BOX (ONE ONLY)
I HAVE A CURRENT NEW JERSEY AFFIRMATIVE ACTION CERTIFICATE, (PLEASE ATTACH A COPY TO YOUR PROPOSAL).
I HAVE A VALID FEDERAL AFFIRMATIVE ACTION PLAN APPROVAL LETTER, (PLEASE ATTACH A COPY TO YOUR PROPOSAL).
I HAVE COMPLETED THE ENCLOSED FORM AA302 AFFIRMATIVE ACTION EMPLOYEE INFORMATION REPORT.
AFFRIMATIVE ACTION Term Contract - Advertised Bid Proposal
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)
N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS 001225-May
Milliken Services, LLC
✔
INSTRUCTIONS FOR COMPLETING THE
EMPLOYEE INFORMATION REPORT (FORM AA302)
IMPORTANT: READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE FORM. PRINT OR TYPE ALL INFORMATION. FAILURE TO PROPERLY COMPLETE THE ENTIRE FORM AND TO SUBMIT THE REQUIRED $150.00 NON-REFUNDABLE FEE MAY DELAY ISSUANCE OF YOUR CERTIFICATE. IF YOU
HAVE A CURRENT CERTIFICATE OF EMPLOYEE INFORMATION REPORT, DO NOT COMPLETE THIS FORM UNLESS YOUR ARE RENEWING A CERTIFICATE THAT IS DUE FOR EXPIRATION. DO NOT COMPLETE THIS FORM FOR CONSTRUCTION CONTRACT AWARDS.
ITEM 1 - Enter the Federal Identification Number assigned by the Internal Revenue Service, or if a Federal Employer
Identification Number has been applied for, or if your business is such that you have not or will not receive a Federal Employer Identification Number, enter the Social Security Number of the owner or of one partner, in the case of a partnership.
ITEM 2 - Check the box appropriate to your TYPE OF
BUSINESS. If you are engaged in more than one type of
business check the predominate one. If you are a
manufacturer deriving more than 50% of your receipts from your own retail outlets, check "Retail".
ITEM 3 - Enter the total "number" of employees in the entire company, including part-time employees. This number shall include all facilities in the entire firm or corporation.
ITEM 4 - Enter the name by which the company is identified.
If there is more than one company name, enter the
predominate one.
ITEM 5 - Enter the physical location of the company. Include City, County, State and Zip Code.
ITEM 6 - Enter the name of any parent or affiliated company including the City, County, State and Zip Code. If there is none, so indicate by entering "None" or N/A.
ITEM 7 - Check the box appropriate to your type of company establishment. "Single-establishment Employer" shall include an employer whose business is conducted at only one physical location. "Multi-establishment Employer" shall include an employer whose business is conducted at more than one
location.
ITEM 8 - If "Multi-establishment" was entered in item 8, enter the number of establishments within the State of New Jersey.
ITEM 9 - Enter the total number of employees at the
establishment being awarded the contract.
ITEM 10 - Enter the name of the Public Agency awarding the contract. Include City, County, State and Zip Code. This is not applicable if you are renewing a current Certificate.
ITEM 11 - Enter the appropriate figures on all lines and in all columns. THIS SHALL ONLY INCLUDE EMPLOYMENT DATA
FROM THE FACILITY THAT IS BEING AWARDED THE
CONTRACT. DO NOT list the same employee in more than one job category. DO NOT attach an EEO-1 Report.
Racial/Ethnic Groups will be defined:
Black: Not of Hispanic origin. Persons having origin in any of the Black racial groups of Africa.
Hispanic: Persons of Mexican, Puerto Rican, Cuban, or
Central or South American or other Spanish culture or origin, regardless of race.
American Indian or Alaskan Native: Persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition.
Asian or Pacific Islander: Persons having origin in any of the original peoples of the Far East, Southeast Asia, the Indian Sub-continent or the Pacific Islands. This area includes for example, China, Japan, Korea, the Phillippine Islands and Samoa.
Non-Minority: Any Persons not identified in any of the
aforementioned Racial/Ethnic Groups.
ITEM 12 - Check the appropriate box. If the race or ethnic group information was not obtained by 1 or 2, specify by what other means this was done in 3.
ITEM 13 - Enter the dates of the payroll period used to prepare the employment data presented in Item 12.
ITEM 14 - If this is the first time an Employee Information Report has been submitted for this company, check block "Yes".
ITEM 15 - If the answer to Item 15 is "No", enter the date when the last Employee Information Report was submitted by this company.
ITEM 16 - Print or type the name of the person completing the form. Include the signature, title and date.
ITEM 17 - Enter the physical location where the form is being completed. Include City, State, Zip Code and Phone Number.
TYPE OR PRINT IN SHARP BALL POINT PEN
THE VENDOR IS TO COMPLETE THE EMPLOYEE INFORMATION REPORT FORM (AA302) AND RETAIN A COPY FOR THE VENDOR'S OWN FILES. THE VENDOR SHOULD ALSO SUBMIT A COPY TO THE PUBLIC AGENCY AWARDING THE CONTRACT IF THIS IS YOUR FIRST REPORT; AND FORWARD ONE COPY WITH A CHECK IN THE AMOUNT OF $150.00 PAYABLE TO THE TREASURER, STATE OF NEW JERSEY(FEE IS NON-REFUNDABLE) TO:
NJ Department of the Treasury
Division of Public Contracts
Equal Employment Opportunity Compliance
P.O. Box 206
Trenton, New Jersey 08625-0206 Telephone No. (609) 292-5473 PB-AAF.1 R5/26/09
SECTION A - COMPANY IDENTIFICATION
IMPORTANT- READ INSTRUCTIONS ON BACK OF FORM CAREFULLY BEFORE COMPLETING FORM. TYPE OR PRINT IN SHARP BALLPOINT PEN. FAILURE TO PROPERLY COMPLETE THE ENTIRE FORM AND SUBMIT THE REQUIRED $150.00 FEE MAY DELAY ISSUANCE OF YOUR CERTIFICATE. DO NOT SUBMIT EEO-1 REPORT FOR SECTION B, ITEM 11.
EMPLOYEE INFORMATION REPORT
Division of Public Contracts Equal Employment Opportunity Compliance State of New Jersey
1. FID. NO. OR SOCIAL SECURITY 2. TYPE OF BUSINESS 3. TOTAL NO. OF EMPLOYEES IN THE ENTIRE COMPANY.
1. MFG 2. SERVICE 3. WHOLESALE
4. RETAIL 5. OTHER
4. COMPANY NAME
5. STREET CITY COUNTY STATE ZIP CODE
6. NAME OF PARENT OR AFFILIATED COMPANY (IF NONE, SO INDICATE) CITY ZIP CODE STATE
7. CHECK ONE: IS THE COMPANY:
8. IF MULTI-ESTABLISHMENT EMPLOYER, STATE THE NUMBER OF ESTABLISHMENTS IN NJ
9. TOTAL NUMBER OF EMPLOYEES AT ESTABLISHMENT WHICH HAS BEEN AWARDED THE CONTRACT
10. PUBLIC AGENCY AWARDING CONTRACT CITY COUNTY STATE ZIP CODE Official Use Only DATE RECEIVED INAUG DATE ASSIGNED CERTIFICATION NUMBER
SECTION B - EMPLOYMENT DATA
11. Report all permanent, temporary and part-time employees ON YOUR OWN PAYROLL. Enter the appropriate figures on all lines and in all columns.
Where there are no employees in a particular category, enter a zero. Include ALL employees, not just those in minority/non-minority categories, in columns 1, 2, & 3. DO NOT SUBMIT AN EEO-1 REPORT.
JOB
Categories
Officials/Managers
Total
(Cols. 2 & 3)
COL. 2
MALE
COL. 3
FEMALE
All Employees
Professionals
Technicians
Sales Workers
Office & Clerical
Craftworkers
(Skilled)
Operatives
(Semi-Skilled)
Laborers
(Unskilled)
Service Workers
Total
Total employment
From previous
Report (if any)
Temporary & Part
Time Employees
Black Hispanic
Amer.
Indian Asian Non Min Black Hispanic
Amer.
Indian Asian Non Min
PERMANENT MINORITY/NON-MINORITY EMPLOYEE BREAKDOWN
***************** MALE ***************** **************** FEMALE **************** The data below shall NOT be included in the figures for the appropriate categories above.
12. HOW WAS INFORMATION AS TO RACE OR ETHNIC GROUP IN SECTION B OBTAINED?
13. DATES OF PAYROLL PERIOD USED
FROM: TO:
14. IS THIS THE FIRST
Employee Information
Report Submitted?
15. IF NO, DATE LAST
REPORT SUBMITTED
SECTION C - SIGNATURE AND INDENTIFICATION
16. NAME OF PERSON COMPLETING FORM (Print or Type)
17. ADDRESS NO. & STREET
SIGNATURE TITLE DATE
CITY COUNTY STATE ZIP CODE PHONE, AREA CODE, NO.
I certify that the information on this form is true an correct.
SINGLE-ESTABLISHMENT EMPLOYER MULTI-ESTABLISHMENT EMPLOYER YES NO
13-2583088 16
Milliken Services, LLC
920 Milliken Road Spartanburg Spartanburg SC 29303
Milliken Design, INC Spartanburg SC 29303
None
16 To be determined by contract award (Bidding in Process) EEO-1
Katherine Corbin
920 Milliken Road
Katherine Corbin HR Compliance Manager
Spartanburg Spartanburg SC 29303 864-503-2276
✔
✔
8/9/19
8 1
2 4
1 0
0 0
0 16
6 1
0 2
0 0
0 0
0 97
0 0
0 0
1 2
2 0
20 1
0 1
0 0
0 0
0 22
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 1
0 0
0 0
0 1
0 0
6 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 5
0 0
0 0
1 2
2 0
2 7/15/19 8/11/19
001225-May2019 Milliken Services, LLC
✔
Al Carter
Director of Strategic Accounts 8/9/219
OMNIA PARTNERS EXHIBITS
EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
1 1.0 Scope of National Cooperative Contract
Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the Administration Agreement between Supplier and OMNIA Partners.
1.1 Requirement
• The University of California (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), is requesting proposals for FLOORING PRODUCTS & INSTALLATION SERVICES. The intent of this Request for Proposal is any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal (“Master Agreement”) be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with OMNIA Partners, an example of which is included as Exhibit D, and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners as a Participating Public Agency in OMNIA Partners’ cooperative purchasing program.
Registration with OMNIA Partners as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through OMNIA Partners.
All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither OMNIA Partners, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. Supplier is responsible for knowing the tax laws in each state.
This Exhibit A defines the expectations for qualifying Suppliers based on OMNIA Partners’ requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through OMNIA Partners.
OMNIA PARTNERS EXHIBITS
EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
2 These requirements are incorporated into and are considered an integral part of this RFP. OMNIA Partners reserves the right to determine whether or not to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies, in its sole and absolute discretion, and any party submitting a response to this RFP acknowledges that any award by the Principal Procurement Agency does not obligate OMNIA Partners to make the Master Agreement available to Participating Procurement Agencies.
1.2 Marketing, Sales and Administrative Support
During the term of the Master Agreement OMNIA Partners intends to provide marketing, sales and administrative support for Supplier pursuant to this section that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis.
The OMNIA Partners marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through channels that may include:
A. Marketing collateral (print, electronic, email, presentations) B. Website
C. Trade shows/conferences/meetings
D. Advertising
E. Social Media
The OMNIA Partners sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through initiatives that may include:
A. Individual sales calls
B. Joint sales calls
C. Communications/customer service
D. Training sessions for Public Agency teams
E. Training sessions for Supplier teams
The OMNIA Partners contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through:
A. Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B. Training sessions for Public Agency teams
C. Training sessions for Supplier teams
D. Regular business reviews to monitor program success
E. General contract administration
OMNIA PARTNERS EXHIBITS
EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
3 Suppliers are required to pay an administrative fee of three percent (3%) of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the OMNIA Partners Administration Agreement (Exhibit B).
1.3 Estimated Volume
The dollar volume purchased under the Master Agreement is estimated to be approximately $9,000,000 annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and OMNIA Partners.
1.4 Award Basis
The basis of any contract award resulting from this RFP made by Principal Procurement Agency will, at OMNIA Partners option, be the basis of award on a national level through OMNIA Partners. If multiple Suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same Suppliers will be required to extend the Master Agreement to Participating Public Agencies through OMNIA Partners. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency are subject to modification for each Participating Public Agency as Supplier, such Participating Public Agency and OMNIA Partners shall agree. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (i.e. invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, governing law, etc.). It shall be the responsibility of the Supplier to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the Participating Agency. It shall further be the responsibility of the Supplier to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.
Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to OMNIA Partners).
All purchase orders issued and accepted by the Supplier may survive expiration or termination of the Master Agreement. Participating Agencies’ purchase orders may exceed the term of the Contract if the purchase order is issued prior to the expiration of the Contract. Supplier is responsible for reporting all sales and paying the
OMNIA PARTNERS EXHIBITS
EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
4 applicable administrative fee for sales that use the Master Agreement as the basis for the purchase order, even though Master Agreement may have expired.
1.5 Objectives of Cooperative Program
This RFP is intended to achieve the following objectives regarding availability through OMNIA Partners’ cooperative program:
A. Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies;
B. Establish the Master Agreement as the Supplier’s primary go to market strategy to Public Agencies nationwide;
C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier’s need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process;
D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing.
2.0 REPRESENTATIONS AND COVENANTS
As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and OMNIA Partners designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier.
2.1 Corporate Commitment
Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier’s executive management, (2) the Master Agreement will be part of is Supplier's primary “go to market” strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies. including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with OMNIA Partners and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement.
2.2 Pricing Commitment
Supplier commits the not-to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide through regional and national cooperatives with the exception of GSA and state contracts that do not execute national cooperative contracts such as State of Ohio and State of New Jersey. Supplier further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative
OMNIA PARTNERS EXHIBITS
EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
5 contract not excluded above, the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement.
2.3 Sales Commitment
Supplier commits to aggressively market the Master Agreement as part of its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through OMNIA Partners nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to OMNIA Partners in accordance with the OMNIA Partners Administration Agreement. Supplier also commits its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement.
3.0 SUPPLIER RESPONSE
Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners.
3.1 Company
A. Brief history and description of Supplier.
Milliken & Company’s roots go back 154 years:
• In 1865, Seth Milliken & William Deering founded Deering Milliken Company, a small woolen fabrics jobbing firm in Portland, Maine. • In 1868, Seth Milliken moved the company headquarters to New York City, at that time the heart of the American textile industry.
• In 1884, the company invested in a new facility in Pacolet, South Carolina, and from that basic beginning the manufacturing operations grew. • In 1976, Deering Milliken officially became Milliken & Company. o With headquarters in Spartanburg, South Carolina, today the company operates in a number of diverse disciplines including specialty chemicals, performance products, floor coverings, specialty fabrics and business consulting services.
Milliken & Company is one of the largest innovation companies in the world. Our belief that profits should be put back into research and development has allowed us to become the most technologically advanced manufacturer in existence today.
The Milliken Floor Covering Division is a privately held for-profit corporation divided into four regions: Americas, EMEAI, Asia Pacific and Australia. The company is headquartered in Spartanburg, South Carolina and operates facilities in the United States, United Kingdom, China and Australia. The Milliken Floor Covering Division is a business unit of Milliken & Company, which is governed by an independent board of directors. Milliken Services, LLC is the Milliken affiliate that provides both product and installation through our turnkey services program.
Total number of direct employees
Approximately 7,000+
OMNIA PARTNERS EXHIBITS
EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
6 Total number and location of sales persons employed by Supplier. Approximately 7,000 associates worldwide with 80+ floorcovering sales associates in North America.
B. Number and location of support centers (if applicable) and location of corporate office. Milliken’s headquarters is located at 920 Milliken Road, Spartanburg, SC 29303. Milliken has manufacturing facilities on 4 continents and Milliken sales associates on the ground in 6 continents. There are 80+ showrooms and dedicated locations around the globe. One Global Brand with sales in over 120+ countries.
C. Annual sales for the three previous fiscal years. Milliken is a privately-held company that does not release financial information. Please see financial information that we can provide attached to our RFP response.
D. Submit FEIN and Dunn & Bradstreet report. Milliken Services, LLC- FEIN:
27-4264711; Milliken is privately-held.
E. Describe any green or environmental initiatives or policies.
Milliken & Company is committed to operating our plants and facilities in complete compliance with all applicable environmental regulations and other requirements and to operate in a manner that protects the quality of our environment and the health and safety of our associates and the public.
We are committed to strive for a goal of zero waste generation to all media - land, air, water - to be achieved by continual improvement in all of our operations. This goal will guide the conduct of our manufacturing operations, the development of new products, and our interaction with our suppliers and customers. Recycling of materials is an integral part of this on-going effort.
We are committed to encouraging our families, our associates and our communities, through education and leadership, to conserve our natural resources and protect the environment in our daily lives.
We reaffirm our commitment to work with local, state and federal authorities to develop effective environmental solutions that meet tests of practicality and feasibility.
Milliken carpet tile has 3rd party verified - Red List Free Declare labels, Environmental Product Declarations that are 3rd party verified, multi-attribute sustainable certifications: NSF 140 Gold and Cradle to Cradle certified, and Green Label Plus. See additional information at:
https://floors.milliken.com/floors/en-us/sustainability/third-party-certification Milliken Flooring has sent zero process waste to the landfill for over 20 years.
Milliken carpets are manufactured with a minimum of 5% renewable energy and 5% carbon offsets. Milliken has a publicly stated goal to increase our Renewable energy 10x verses a 2018 baseline.
OMNIA PARTNERS EXHIBITS
EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
7 F. Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement. Indicate how, if at all, pricing changes when using the diversity program. Milliken partners with many diverse subcontractors to provide installation in our turnkey program. Milliken partners with subcontractors who help bring the best quality and price to our customers. Those factors being essentially equal, it is Milliken’s desire to promote and foster relationships with diverse subcontractors
G. Describe any historically underutilized business certifications supplier holds and the certifying agency. This may include business enterprises such as minority and women owned, small or disadvantaged, disable veterans, etc. N/A H. Describe how supplier differentiates itself from its competitors. • Milliken & Company is a 154-year-old company that combines science with design and insights. Milliken tackles the issues and concerns of today. Every day, our community of innovators is invigorated by the challenge of creating new ways to enhance people’s lives. All carpet manufacturing sites are ISO14001 Certified - the highest global standard for environmental responsibility with 7000 employees around the world. Voted Fortune Magazine’s Best Companies to Work For and Ethisphere Institute recognized Milliken as one of the World’s Most Ethical Companies for the past 12 years. • Milliken Services LLC is a division of Milliken & Company that provides full Turnkey solutions for our National Account clients that desire to bundle product and labor services in one package. While there will be a single point of contact (Project Manager), a team of associates are assigned to each account to support the process and provide a streamlined, repeatable process.
Milliken Services LLC will take full ownership and responsibility for each project. Our commitment is to provide world class products and the service at the highest level to create a great customer experience. • Milliken operates with zero waste to landfill. Evaluated through Life Cycle Assessment (LCA). All U.S. floor covering products are PVC free, chlorinefree and are manufactured with alternative energy. • PVC Free open celled technology high performance cushion backing extends carpet’s life by 40%. This technology eliminates the use of primers and sealers and will tolerate higher moisture levels in the slab.
• Milliken Cushion Backing offers superior sound absorption, superior thermal resistance, 40% longer product life, improved durability and 20% reduction in leg fatigue which supports sit / stand ergonomic requirements.
• Proven Successful, Milliken Contract was the first company to develop and offer cushion-backed carpet tile and are now the recognized leader in this technology.
• All Milliken Floor Covering Products are third-party certified Green Label Plus for Indoor Air Quality by CRI. Maximum LEED Credit.
OMNIA PARTNERS EXHIBITS
EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
8 • All Milliken Carpet products are free of the 22 Red List chemicals defined in the Living Building Challenge.
• Environmental Product Declarations are available for all standard modular carpet tile offerings.
• Declare®
• UL CERTIFIED, Environmental Product Declaration
• Milliken Carpet Tile products are shipped on palettes and not individual boxes greatly reducing cardboard waste and cardboard recycling/disposal costs.
Milliken offers the industry’s leading lifetime performance guarantees. Milliken has 14 Lifetime Warranties shown below for all Modular products:
• Face Fiber Wear - Lifetime warranty that the carpet will lose no more than ten percent (10%) of its face fiber by weight. Carpet installed on stairs, warranty will be limited to 5 years.
• Staining/Soiling Resistance (StainSmart®) - Lifetime warranty for permanent resisting of stain and soiling with carpet treated with StainSmart®.
• Color Pattern Permanency - Lifetime warranty that the carpet will exhibit no pattern loss. Carpet installed on stairs, limited to 5 years. • Delamination of Backing - Lifetime warranty that the backing of the carpet will not delaminate
• Edge Ravel - Lifetime warranty that the carpet will exhibit no edge ravel or zippering.
• Tuft Bind - Lifetime warranty that the carpet will maintain its tuft bind integrity.
• Floor Compatibility - Lifetime warranty that the carpet will not cause a reaction of old adhesives due to plasticizer migration. • Antistatic - Lifetime warranty that the carpet will not generate static shock greater than 3.5 kilovolts
• Antimicrobial Protection (AlphaSan®) - Lifetime warranty that the AlphaSan® antimicrobial agent will remain active and will inhibit microbial activity that can contribute to deterioration in the carpet backing. • Flammability - Lifetime warranty that at the time of shipment the carpet will comply with the applicable provisions and laws for carpet used as floor covering in commercial installations.
• Cushion Resiliency - Lifetime warranty that the modular carpet with attached cushion will retain 90% of its cushion resilience during the lifetime of the carpet.
• Dimensional Stability – Lifetime warranty that the modular carpet will maintain its dimensional stability during the lifetime of the carpet.
OMNIA PARTNERS EXHIBITS
EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
9 • Floor Release - Lifetime warranty that the initial installation of the modular carpet will release from the floor.
• Moisture Resistance- Lifetime warranty that the modular carpet will resist moisture penetration, does not include moisture penetration at the seams.
Milliken Floor Compatibility
Milliken modular backings are non-reactive and contain no PVC or plasticizers.
This greatly simplifies the floor preparation process and typically eliminates the necessity of old adhesive removal. All Milliken Modular Carpets carry the “Lifetime Floor Compatibility Warranty”. No chemical incompatibility exists between Milliken Modular Carpet or Milliken Modular Carpet Adhesive and any existing flooring adhesive.
Milliken Modular Carpets
o Reduces the time needed to remove old adhesives thus reducing carpet installation time
o Will not cause a chemical reactivation of old adhesives due to plasticizer migration
o Eliminates the odors and Indoor Air Quality issues associated with plasticizer migration
o Old adhesive will not damage or destroy the construction of Milliken Modular Carpet
o Eliminates any concern for costly remediation of incompatible floor covering problems with subfloor, old adhesives, or sealers I. Describe any present or past litigation, bankruptcy or reorganization involving supplier.
As a major manufacturing corporation Milliken has inevitably been involved in a certain amount of commercial litigation. On a relative basis the amount of such litigation is quite small. For further information contact the General Counsel’s office at 864-503-2266.
J. Felony Conviction Notice: Indicate if the supplier
a. is a publicly held corporation and this reporting requirement is not applicable; N/A
b. is not owned or operated by anyone who has been convicted of a felony; or Milliken is privately-held but not to our knowledge
c. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions. Not to our knowledge K. Describe any debarment or suspension actions taken against supplier N/A
3.2 Distribution, Logistics
A. Describe the full line of products and services offered by supplier. Milliken offers floorcovering products including Cushioned-Back Modular Carpet Tile, Broadloom Carpet, Luxury Vinyl Tile, and Entry Flooring Products.
B. Describe how supplier proposes to distribute the products/service nationwide.
Include any states where products and services will not be offered under the
OMNIA PARTNERS EXHIBITS
EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
10 Master Agreement, including U.S. Territories and Outlying Areas. Milliken’s floorcovering products are available either direct or through our large dealer partner network
C. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. Milliken products are shipped through national transportation carriers.
D. Provide the number, size and location of Supplier’s distribution facilities, warehouses and retail network as applicable. As described above, Milliken has manufacturing facilities on 4 continents, 6 continents with Milliken sales associates on the ground. 80+ showrooms and dedicated locations. One Global Brand with sales in over 120+ countries across the globe.
3.3 Marketing and Sales
A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams nationwide, to include, but not limited to: Milliken will, upon award, immediately within 90 days, implement the Master Agreement as part of our government marketing strategy for Public Agencies, to our sales team nationwide, to include but not limited to:
i. Executive leadership endorsement and sponsorship of the award as part of Milliken’s the public sector go-to-market strategy within first 10 days ii. Training and education of Milliken’s Supplier’s national sales force with participation from Milliken’s the Supplier’s executive leadership, along with the OMNIA Partners team within first 90 days. iii. Milliken will add the Master Agreement to Highspot, Salesforce.com and the Milliken Floorcovering Website under our Government Segment Section, and all marketing literature and brochures related to Government Markets within the first 90 days.
B. Milliken will, upon award, immediately within 90 days, implement Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to:
i. Creation and distribution of a co-branded press release to trade publications
ii. Announcement, contract details and contact information published on the Supplier’s website within first 90 days
iii. Announcement sent via email to current Participating Public Agencies and Prospective Public Agencies within first 90 days.
iv. Design, publication and distribution of co-branded marketing materials within first 90 days
v. Commitment to attendance and participation with OMNIA Partners at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e.
Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.)
OMNIA PARTNERS EXHIBITS
EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
11 and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement
vi. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners for partner suppliers.
Booth space will be purchased and staffed by Supplier. In addition, Supplier commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners.
vii. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement viii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) ix. Dedicated OMNIA Partners internet web-based homepage link on Supplier’s Floorcovering website’s government segment section with:
• OMNIA Partners standard logo;
• Copy of original Request for Proposal;
• Copy of contract and amendments between Principal
Procurement Agency and Supplier;
• Summary of Products and pricing;
• Marketing Materials
• Electronic link to OMNIA Partners’ website including the online registration page;
• A dedicated toll-free number and email address for OMNIA Partners
C. Describe how Supplier will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners. Include a list of current cooperative contracts (regional and national) Supplier holds and describe how the Master Agreement will be positioned among the other cooperative agreements. As stated above in our Marketing Plan, Milliken will only transition existing Public Agency customer’s accounts to the Master Agreement at the customer’s request. Transition would be seamless as the customer would already have an account with us and we would start capturing, tracking, and reporting their sales on the effective date of transmission. Milliken currently holds Cooperative (Regional and National) contracts with Sourcewell, NASPO and MHEC.
D. Acknowledge Supplier Milliken agrees to provide its logo(s) and brand standards document to OMNIA Partners and agrees to provide permission for reproduction of such logo in marketing communications and promotions.
Should it follow Milliken’s brand standards guidelines. Milliken Aacknowledges that use of OMNIA Partners logo will require permission for reproduction, as well.
E. Confirm Supplier will be proactive in direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners. All sales materials on leads established by Omnia Partners are to use the OMNIA Partners logo. At a minimum, the Supplier’s sales initiatives should communicate:
OMNIA PARTNERS EXHIBITS
EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
12 i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency
ii. Best Competitive national cooperative government pricing iii. No cost to participate
iv. Non-exclusive
F. Confirm Supplier will train its national sales force on the Master Agreement.
At a minimum, sales training should include:
i. Key features of Master Agreement
ii. Working knowledge of the solicitation process
iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners
iv. Knowledge of benefits of the use of cooperative contracts G. Provide the name, title, email and phone number for the person(s), who will be responsible for:
i. Executive Support – Tamlin Antoine, Director of Global Government Sales, [email protected], 202-480-6461
ii. Marketing – Tamlin Antoine, Director of Global Government Sales, [email protected], 202-480-6461
iii. Sales -– Tamlin Antoine, Director of Global Government Sales, [email protected], 202-480-6461
iv. Sales Support – Tamlin Antoine, Director of Global Government Sales, [email protected], 202-480-6461
v. Financial Reporting – Kelly Anderson, Financial Analyst, [email protected], 864-503-6099
vi. Accounts Payable – Kelly Anderson, Financial Analyst, [email protected], 864-503-6099
vii. Contracts Dawn Weathers, Contract Services Lead,
[email protected], 404-304-3698
H. Describe in detail how Supplier’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team.
Milliken’s national sales team responsible for national cooperative operative sales is lead by Al Carter, Director of Strategic Accounts. Tamlin Antoine, Director of Government Sales will be responsible for management of all aspects of the Master Agreement, including implementation, sales, marketing, reporting, fee payments, etc…
I. Explain in detail how the sales teams will work with the OMNIA Partners team to implement, grow and service the national program. Milliken has local sales teams in all major markets who will, individually, work with Omnia Partners team to initiate and grow Public Agency sales through the Master Agreement.
J. Explain in detail how Supplier will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, timely contract administration, etc. Milliken has extensive and extremely successful experience managing all aspects of National Cooperative
OMNIA PARTNERS EXHIBITS
EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
13 Agreements and sales to Public Agencies. We have a dedicated customer service group that will respond to all customer service request, quotes, orders, timely account set up, etc…We also have an outstanding Marketing and Contract Management Teams that insure ongoing collaboration and coordination with marketing and sales.
K. State the amount of Supplier’s Public Agency sales for the previous fiscal year.
Provide a list of Supplier’s top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. As a private company, Milliken does not disclose specific sales information on our customers. We can state, however, Milliken’s Public Agency Sales exceeded $14 million in 2018. If awarded a Master Agreement with Omnia Partners, Milliken will, at that point, discuss where we have been successful from a specific Agency standpoint.
L. Describe Supplier’s information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions. Milliken will process orders through [email protected]. Gov orders will route orders to respective departments for account set up, manufacturing production dates, shipping and delivery, accounts payable, and if turnkey, Milliken Services.
This is a dedicated email and customer service department solely for Public Agencies.
M. If the Supplier wants to guarantee sales, provide the Contract Sales (as defined in Section 10 of the National Intergovernmental Purchasing Alliance Company Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement (“Guaranteed Contract Sales”). We will not guarantee sales. $_______.00 in year one
$_______.00 in year two
$_______.00 in year three
To the extent Supplier guarantees minimum Contract Sales, the administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales.
N. Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement.
i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners).
ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond
OMNIA PARTNERS EXHIBITS
EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
14 with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to OMNIA Partners under the Master Agreement.
iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal.
Detail Supplier’s strategies under these options when responding to a solicitation.
Master Agreement pricing will be used and reported to OMNIA Partners in all situations where a customers or projects are referred by OMNIA Partners. When there is no referral or in the unlikely event the Public Agency refuses Master Agreement pricing, Milliken will treat the request as we would any standard sales inquiry. In such a case, we may choose to still utilize the Master Agreement pricing or use standard pricing practices at our discretion. Existing Milliken customers will not be considered covered under the new pricing agreement.
In 2019, Milliken has once
again been recognized as
one of the World’s Most
Ethical Companies® by
the Ethisphere® Institute, a
global leader in defining and
advancing the standards of
ethical business practices.
Milliken is one of just 8
companies to receive this
honor every year since
its inception in 2007. A
strong foundation of quality,
ethics, and environmental
responsibility has always
been an integral part of who
we are.
Milliken & Company
At Milliken, we’ve always believed prosperity and responsibility must coexist — and we conduct business with a higher purpose and a longer-term view.
CREATING NEW EXPERIENCES
We create the highest quality products
and services because our customers
deserve no less. We take pride in a desire
to demonstrate excellence in everything
we do, but we find even deeper gratification
in creating products that can completely
change the customer’s experience.
BUILDING FOR THE FUTURE
Following the long-term view of our
founders, we recognize that for both
our customers and ourselves to be
economically sustainable entities, our
innovations — the things we make —
must enable us to win in the market today,
but also to reinvest for the future.
Ethics, Excellence, and Leadership
While we hold ourselves accountable to the highest ethical standards, we derive our greatest satisfaction from creating innovations that help solve the world’s problems, adding value to people’s lives, improving health and safety and making this world sustainable.
90-DAY MARKETING PLAN
THE UNIVERSITY OF CALIFORNIA/OMNIA PARTNERS CONTRACT
Below is Milliken’s plan outlining our resources and efforts in order to successfully launch this partnership within Milliken and to our customers.
• Press release and social media blitz within the first 90 days. • Face to face meetings with the University decision makers throughout California. • Dedicated marketing literature specifically for this contract. Marketing of contract at all government and education trade shows.
• Milliken has an outstanding sales and marketing team nationally specifically focused on growing government and education sales through national cooperative contracts. We are currently in the process of developing a government sales training manual that we will distribute to the sales team.
• Tamlin Antoine, Director of Government Sales, will conduct regional training seminars to the Milliken sales force and the dealer community to educate them on how to effectively utilize this contract and how to generate sales utilizing this contract. • Milliken intends to add an additional 9 to 11 government/education specialists nationally in 2020.
• Tamlin Antoine, Director of Government Sales, will fly out to California multiple times in the first 90 days to market the California University/Omnia Contract, along with Milliken’s dedicated California Government/Education Sales Specialist, Robert Alvarez. Robert’s primary role will be to support, generate, and grow sales through this Contract. • We have a Global Director of Government Sales, Dedicated Government Contract Administrator, Marketing Specialist, and we have hired a Dedicated Government/Education Sales Specialist specifically to service California Government and Education Customers. • We will utilize our attached Look Book that will be tailored specifically for this contract. It will also include information on the below topics:
o Site-Related Solutions
o Health & Wellness
o WellBAC™ Cushion Backing
o TractionBack®
o Milliken’s story
o Product Pricing
• We will add the University of California/Omnia Partners on our government brochure (attached) that will be marketed to all government/education customers. • We will list the University of California/Omnia Partners on our Milliken government landing page as an available contract vehicle for Milliken products and services. https://floors.milliken.com/floors/en-us/segments/government • We will post on social media how excited we are to have been awarded this contract and look forward to successfully selling and marketing to members. • Milliken will provide a Look Book tailored specifically to each University that purchases off of the contract. An example is attached for the San Diego Convention Center. • Milliken has a very strong sales team in California that is extremely excited and able to successfully market the University of California/Omnia Partners contract, as well as, an outstanding national sales team to successfully market Omnia nationally. 2 Management Team
NATIONAL ACCOUNT
MANAGER
Nicole Kuczak
[email protected],
(310) 504-4635
DIRECTOR OF GOVERNMENT SALES
Tamlin Antoine
[email protected]
(202) 480-6461
The management team for the University of California is detailed below, along with a list of key personnel for reference. Everyone at Milliken is happy to help .
University of California Leadership Team
PROJECT MANAGER
Amy Grantham
[email protected]
706-880-5727
REGIONAL VICE-PRESIDENT
Marc Cormier
[email protected]
(310) 270-6595
DIRECTOR OF OPERATIONS
Jason Richardson
[email protected]
706-302-8333
DIRECTOR OF STRATEGIC ACCOUNTS
Al Carter
[email protected]
(202) 258-8867
DIRECTOR OF CUSTOMER SERVICE
Caren Volkman
[email protected]
(800) 528-8453
QUALITY ASSURANCE LEADER
Russell Cleveland
[email protected]
(864) 362-5127
MILLIKEN MANAGEMENT TEAM INFORMATION
Name: Nicole Kuczak
Title: Account Manager - Orange County & Inland Empire
Role/Responsibility with Milliken: To manage Milliken’s National Accounts and new business development within the territory.
Number of Years of Service with Milliken: 2 years
Name: Jason Richardson
Title: Director of Operations Milliken Services, LLC
Role/Responsibility with Milliken: Management and Oversight of Turnkey Services Program Number of Years of Service with Milliken: 2 years
Name: Amy Grantham
Title: Project Manager
Role/Responsibility with Milliken: Managing projects for Milliken Services Turnkey program Number of Years of Service with Milliken: 2 years
Name: Al Carter
Title: Director of Strategic accounts
Role/Responsibility with Milliken: Responsible for the research, development, maintenance, and retention of the largest potential accounts in the floor covering industry. Responsible for developing customers for life.
Number of Years of Service with Milliken: 4.5 years
Name: Tamlin Antoine
Title: Global Director of Government Sales
Role/Responsibility with Milliken: Responsible for sales, marketing, and administration of federal, state, and local government segments and contracts.
Number of Years of Service with Milliken: 2 years
Name: Marc Cormier
Title: Regional Vice-President
Role/Responsibility with Milliken: Responsible for the leadership, development and success of 22 sales people in the Western US.
Number of Years of Service with Milliken: 3 years
Name: Caren Volkman
Title: Director of Customer Service
Role/Responsibility with Milliken: Managing US Customer Service teams Number of Years of Service with Milliken: 17 years.
Name: Russell Cleveland
Title: Quality Director, North America
Role/Responsibility with Milliken: Served in various manufacturing, process improvement and quality management rolls in both the Automotive and Floor Covering Divisions. Degree in Manufacturing Management and Quality Control from Auburn University.
Number of Years of Service with Milliken: 30 years.
THE INTERSECTION OF ETHICS AND TRANSPARENCY
Floor Covering Division
Global Sustainability Report
Edition Three
LETTER FROM JIM McCALLUM
Milliken Floor Covering Division President
This philosophy has also helped us understand our
stakeholders’ expectations—how full transparency
requires a pivot in how we conduct business with our
suppliers, in how we design our products, and in how we think differently about materials and ingredients.
We recognize the responsibility that comes with being
one of the World’s Most Ethical Companies, and we
constantly challenge ourselves to lead the industry in
solving issues of material transparency and traceability through ethical innovation and science.
We have embraced what it truly means to be
sustainable, as well as the challenges it presents.
Our willingness to listen and respond to our
stakeholders, along with our unwavering core
values, reinforce our ability to ethically approach and transparently report our actions.
Milliken’s involvement in environmental stewardship
dates back to 1901 with our first recycling policy. It
was something we prioritized then not because our
customers expected it, but because we knew it was
simply the right thing to do. We implemented the policy because we expected it of ourselves.
Today, as the industry collectively demands
sustainability from all manufacturers, we are sharing
what we have learned from our century-long journey so
others can draw from our success—and we can continue
to progress towards what is most meaningful for our
customers and the environment.
It is in this spirit of learning and sharing that I am
humbled to discuss the intersection of ethics and
transparency.
For more than a decade, Milliken has been named
one of the World’s Most Ethical Companies® by the
Ethisphere® Institute. This recognition—which is more
than a desired accolade—reaffirms Milliken’s longstanding commitment to building a better future for our associates, customers and communities through
ethical practices, innovation leadership and corporate
citizenship. Ethics underpin every action at Milliken,
including our commitment to examining our current
actions to ensure they are the best possible course.
We have learned that listening to our customers and
stakeholders is critical to our success. In this year’s global sustainability report, our third annual, we have expanded our focus to reflect the advancements
of priorities that stakeholders have deemed most
important, including reviews of chemicals and
ingredients that construct Milliken flooring solutions.
In this edition, entitled “The Intersection of Ethics and Transparency,” we illustrate how Milliken is embracing
both environmental and material transparency around
the world with revolutionary initiatives.
At Milliken, we take pride in our heritage as innovators fueled by deep science. Our purpose and passion for
making the world a better place inspire us to solve some of the world’s most difficult questions with the right
course of action. Our stakeholders challenged us to
redefine the meaning of the word safe by going beyond
government regulation to include the best available
science on materials and ingredients for our industryleading flooring solutions.
Sincerely,
Jim McCallum
President of the global Milliken floor covering division
TABLE OF CONTENTS
6 About Milliken Floor Covering
8 How We Engage Stakeholders
12 Environmental Statement
14 Chemical Policy
15 Associate Code of Conduct
16 Ethics and Transparency
18 Using Resources Responsibly
20 Taking Action to Reduce Environmental Impact
21 Conducting Global Business Reputably
22 Being an Employer of Choice
22 Products with the Environment in Mind
24 Designing Flooring Solutions with Human Health in Mind 26 Working to Resolve Conflicts
28 Partnering with Suppliers
30 Resource Consumption
31 Protecting the Environment
32 Sharing Employment Practices and Metrics
34 Environmental Performance of our Products
36 Environmental Impacts
40 Human Health Performance of our Products
42 Demonstrating Transparency in our Supply Chain
44 2016 Milliken Awards
46 Milliken Memberships Around the World
47 GRI Index
”WE CONSTANTLY challenge ourselves to LEAD THE INDUSTRY in solving issues of MATERIAL TRANSPARENCY and TRACEABILITY” Lapidus, an award-winning collection, is
Living Building Challenge Compliant.
2 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 3
LETTER FROM PHILIP IVEY
Milliken Floor Covering Division Strategic Sustainability Leader We appreciate you taking time to dive into our third annual sustainability report for the Milliken floor covering division. As the Global Strategic Sustainability Leader, I am honored to work with a company where behaving ethically is not only an expectation but a point of pride, as we work to add true value to people's lives, improve health and safety, and help make this world more sustainable.
We are also excited to introduce a deeper level of insight into our work in material transparency. We implemented significant initiatives to improve how we share the environmental and material health performance of our flooring solutions. In this report, we share more about programs measuring and tracking biodiversity and environmental impacts through life cycle assessment and how we approach material transparency with third-party partnerships, piloting a new LEED v4 credit for MR Building Product Disclosure and Optimization - Material Ingredients (Option 3), and chemical transparency reporting in the form of Declare labels and Health Product Declarations (HPDs). We are also re-approaching how we report our resource consumption, and we will soon introduce science-based targets and goals, along with better key performance indicators (KPIs), to reflect our growing business.
We have long shared our commitment to meaningful innovation and acting ethically throughout every facet of our business. Now, we’re being transparent in how these two intersect—defining how they impact the decisions we make daily. Our shareholders have prompted us to share publicly how we believe we are acting ethically, allowing you, in turn, to fully understand our multifaceted initiative. We strive for transparency in the way we approach large-scale sustainability, so we can share our successes, but also open ourselves up to critique, feedback and even collaboration.
We hope this report inspires you to think differently about sustainable architecture and design, as this annual process has challenged us to do so. ”We strive for TRANSPARENCY in the way we
approach LARGE-SCALE SUSTAINABILITY”
Sincerely,
Philip Ivey
Strategic Sustainability Leader for the global
Milliken floor covering division
Arcadia, inspired by idyllic patterns found in the wilderness, grounds Media Ocean in Chicago, IL. Design by Garnett. Photography by James John Jetel. 4 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 5
ABOUT MILLIKEN
FLOOR COVERING
ABOUT THIS REPORT
The Milliken floor covering division is part of
Milliken & Company, an innovation company
that has been exploring, discovering and
creating ways to enhance people’s lives
since 1865. One of the largest privately
held companies in the world, the Milliken
& Company community of innovators
developed one of the larger collections of
United States patents held by a private
U.S. company. Designers, facility managers
and homeowners are inspired by Milliken’s
innovative broadloom and modular carpet,
luxury vinyl tile, and entry flooring solutions,
which are carried under the Milliken brand
and designed with superior aesthetics and
functionality to enhance work environments,
hotels, airports, homes and other global
commercial interiors.
Milliken* is a privately held for-profit
corporation divided into three regions:
Americas, EMEAI and Asia Pacific. The
company is headquartered in Spartanburg,
South Carolina, and operates design and
manufacturing facilities in the United States,
United Kingdom, Australia and China. The
floor covering division is a business unit
of Milliken & Company, which is governed
by an independent board of directors. The
chairman of the board is also the company
president and CEO.
*All references to Milliken here forward refer to the global floor covering division of parent company Milliken & Company.
As the third annual sustainability report for Milliken, this report encompasses key performance indicators from fiscal year 2016 across the company’s global commercial, residential, hospitality, entryway and mats markets. All facilities and operations associated with this business are included.
This report is limited to the global operations of Milliken with organizational data from floor covering operations in the United States, China, United Kingdom and Australia. Data from Milliken & Company, the parent company, is not included.
This report meets the requirements of LEED v4 MRc3 credit by providing:
Option 1: Raw Material Source and Extraction Reporting.
Milliken is providing this report as a third-party reviewed corporate sustainability report, which includes environmental impacts of extraction operations and activities associated with Milliken’s products and product supply chain. This report was created using the Global Reporting Initiative (GRI) Sustainability Reporting framework. Our GRI Index is located on page 47.
For any questions about this report, please contact [email protected].
OUR FLOORING INCLUDES
Commercial and residential carpet, rug,
entryway and luxury vinyl tile solutions.
Topography, seen at JLL Asia Pacific headquarters in Shanghai, China, the first WELL-certified building in China.
Artistic Liberties, constructed with
Aquafil ECONYL® 100% regenerated
nylon yarn, available in EMEAI.
6 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 7
HOW WE ENGAGE STAKEHOLDERS
At Milliken, we rely on our network of stakeholders
to help shape our conversation on sustainability. In
preparation for this report, we engaged a panel of
stakeholders to share feedback on our sustainability
performance to date and help craft our sustainability
activities for years to come. Over the course of
more than 50 conversations, our stakeholders
provided insights into the strengths, weaknesses and
opportunities for our sustainability program.
Our stakeholders represent groups and organizations
that are directly or indirectly affected by our
operations, have a direct interest in our activities,
and/or have the ability to influence outcomes and
decision-making processes. For this report, our
stakeholders comprise customers, architecture
and design firm sustainability leaders, competitors,
academics with flooring knowledge, flooring installers, environmental nonprofits, industry associations, and
local community members.
We approached our conversations
with these five key stakeholder groups
using the following principles:
Indirect stakeholder feedback was supported through
Milliken’s involvement in various organizations and
associations, which are listed on page 46. These annual industry-wide involvements help us identify, map, prioritize and engage with a variety of local, national and international stakeholders on integral topics related to our operations.
CUSTOMERS
SUPPLIERS
ASSOCIATES
NEIGHBORS
EXTERNAL
ORGANIZATIONS
Ensure customer satisfaction with our products
and our long-term sustainability strategy by
inviting open feedback.
Establish regular engagement on performance,
policies and issues relating to meeting personal
and business needs.
Invite open discussions regarding safety with
those who live around Milliken manufacturing
sites.
Collaborate within and outside of our industry
to further our understanding of issues affecting
the sustainability of our business.
Maintain close interaction to deliver highperformance, sustainable products.
Unearthed, Mantle, manufactured using up to 43%
renewable energy through hydroelectric credits and
capturing methane gas from the LaGrange, GA landfill.
8 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 9
STAKEHOLDER EXPECTATIONS
OUR VALUES
In years past, our stakeholders defined five sustainability focus areas for Milliken to report on, prioritizing what Milliken should address. These priorities included:
• Resource Consumption
• Chemical and Human Health Impacts
• Recycled Content and Recyclability
• Supply Chain Impacts of Products
• Being an Employer of Choice
While engaging stakeholders for our third annual sustainability report, it was recommended that these five topics merge into two key areas: ethics and transparency. One stakeholder shared, “If you are acting ethically—and being transparent about what your ethical behavior looks like—what more can we ask?” How Milliken achieves success is as important as the success we achieve. We believe ethical behavior is the right thing to do as an organization and as a community. As a long-held, core value of our company and of our shareholders, it is the foundation of our lasting business success.
Honesty, integrity and ethical behavior are the personal responsibility of every Milliken associate. We must conduct ourselves in accordance with the highest business standards, provide safe environments for our associates and manufacture with sustainable practices.
The Milliken & Company Code of Conduct is our guide to ethical business behavior. It cannot address every situation or circumstance, but it can be summarized in one simple idea: “Do what is right.” • Using resources responsibly
• Taking action to reduce our environmental
impact
• Conducting global business reputably
• Being an employer of choice
• Creating products with the environment in mind
• Designing flooring solutions with human
health in mind
• Working to resolve conflicts between
environmentally preferable products with
questionable human health impacts and
vice versa
• Partnering with suppliers who adhere to and
behave with similar ethical behavior
Acting ethically and being transparent begins with a corporate culture rewarding behavior that goes beyond business as usual. Milliken’s values and policies, centered on environmental stewardship, quality, safety, chemical use, and employee and supplier codes of conduct, demonstrate how ethics and transparency are deeply integrated into our corporate culture and imperative to our success as a values-based business. • Publicly reporting resource consumption
• Communicating Milliken’s role in protecting the
environment
• Sharing our employment practices and metrics
related to being an employer of choice
• Verifying the environmental performance of
our products
• Providing the human health performance of
our products
• Demanding transparency in our supply
chain through traceability, transparency and
accountability
• Maintaining open lines of communication
for feedback
For this report, we are centering on how Milliken believes ethics and transparency intersect and influence each other, as well as the results when they work together.
ACTING ETHICALLY BEING TRANSPARENT
”We do not simply follow the letter of the law;
WE FOLLOW AND EXCEED the spirit of the law.”
Color Field, manufactured with zero
process waste sent to landfill, at the
University of Wisconsin-Madison, 333
Building. Photography by Tricia Shay.
10 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 11 Milliken & Company
ENVIRONMENTAL
STATEMENT
Milliken & Company
QUALITY POLICY
Milliken & Company
SAFETY POLICY
Milliken & Company
ENVIRONMENTAL POLICY
Designing innovative products and solutions for our
customers is of the utmost importance. Through meaningful design, deep science and unique insights, we advance
product development to the next level while supporting
Milliken’s efforts to increase sustainable results and
minimize environmental impact of all products.
Milliken’s holistic approach to innovation encompasses
all stages of the life cycle - from material sourcing and manufacturing practices to end-of-life management. Our
commitment to transparency, health, safety, quality and sustainability allows us to put our customers, associates and communities first.
Milliken & Company is dedicated to the
continuous improvement of all products and
services through the total involvement of all
associates.
All associates are committed to the
development and strengthening of partnerships
with our external and internal customers and
suppliers.
We will continually strive to provide innovative
and better quality products and services to
enhance our customer’s continued longterm profitable growth by understanding and exceeding their requirements and anticipating
their future expectations.
The safety and health of all its people is of
primary importance to Milliken & Company.
Milliken will devote resources to train our
people to perform their jobs safely, to ensure
equipment can be operated in a safe manner,
to eliminate workplace hazards, and to comply
with applicable safety and health laws and
regulations.
Milliken believes that all injuries are
preventable, all health risks are controllable and
management is accountable.
Milliken & Company is committed to operating our plants and facilities in complete compliance with all applicable environmental regulations and to operate in a manner that protects the quality of our environment and the health and safety of our associates and the public.
We are committed to strive for a goal of zero waste
generation to all media—land, air, water—to be achieved by continual improvement in all of our operations. This goal will guide the conduct of our manufacturing operations, the development of new products and our interaction with our suppliers and customers. Recycling of materials is an integral part of this ongoing effort.
We are committed to encouraging our families, our
associates and our communities, through education and
leadership, to conserve our natural resources and protect the environment in our daily lives.
We reaffirm our commitment to work with local, state
and federal authorities to develop effective environmental solutions that meet tests of practicality and feasibility. 12 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 13 Lapidus, 2016 Best of NeoCon winner for Carpet:
Modular, seen with Freelay Heritage Wood LVT.
Milliken & Company
CHEMICAL POLICY
Milliken & Company
ASSOCIATE CODE OF CONDUCT
The Milliken Code of Conduct is reviewed by 100% of our associates.
It has been translated into the languages of every country in which we do business and is evaluated annually by Milliken’s internal Committee on Compliance and Ethics and the Milliken & Company Board of Directors.
In addition to top-down oversight, associates within the floor covering division serve as compliance and ethics points of contact for the entire Milliken family of companies.
The Milliken Code of Conduct includes policies on how associates should approach:
Conflicts of interest
Information security
Policy management
Gifts and entertainment
Anti-corruption / bribery
Environmental protection
Antitrust / competition
Workplace harassment
Equal employment opportunity / diversity / discrimination Fair employment / fair labor standards
Company asset protection
Social media
Financial integrity and fraud
Data privacy
Misconduct investigations
Procurement integrity / interacting with suppliers / supply Chain oversight
Intellectual property
Workplace health and safety
Non-retaliation
Milliken & Company is committed to operating in a manner that protects the quality of our environment and the health and safety of our entire value chain, including suppliers, associates, customers and the public. We seek to offer customers and organizations of all sizes products that are inherently safer for human and environmental health throughout their life cycle.
We are committed to a goal of zero human health impacts to anyone who comes into contact with any aspect of Milliken & Company’s operations and products. This is to be achieved through a continual improvement process that includes the evaluation of all existing, new and proposed products and processes.
Furthermore, we are committed to being a leader in safer chemistries and in the development of products that do more good than harm. We are committed to considering our families, our associates and our communities as we design and develop new products, and we must consider the environment and human health in those decisions. Specifically, we adhere to the following principles:
1. Fully Understand Product Chemistry Risks and Hazards, and Embrace the Appropriate Disclose of Product Chemistry. We will identify the substances associated with and used in our products across their life cycle, and we will increase the transparency of the chemical constituents of our products, including public disclosure of chemicals of high concern and third-party certification(s).
2. Intentionally Assess and Avoid Hazards. We will do this through the following actions:
1) We will determine the hazard characteristics of chemical constituents and formulations in our products using publicly available third-party methodologies. 2) We will strive to use chemicals identified as having inherently low hazard potential. 3) We will prioritize chemicals of high concern for elimination and minimize exposure and risk when hazards cannot be prevented.
4) We will allocate resources towards the redesign of products and processes in an effort to eliminate the use and generation of hazardous chemicals.
3. Commit to Continuous Improvement. We will establish operational governance structures, policies and practices to create a framework for the regular evaluation of product and process chemistry and work to redesign products with inherently lower hazard potential.
4. Support Public Policies and Industry Standards. We will support the advancement of policies and standards that are aligned with the principles above, that support the development of comprehensive, accurate and public hazard data and that take action to eliminate or reduce known hazards and promote a green chemistry research and education.
The above four principles shall be managed and acted upon within our ISO 14001 structure and audited accordingly for ongoing compliance.
This policy shall include all floor covering products, all manufacturing operations that produce floor covering products, all suppliers that produce and/or sell goods used in the manufacturing of floor covering products and all packaging used in the internal and external distribution of floor covering products.
14 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency Archipelago, featuring a Total Recycled Content of 52.4%. 15 E
T
H
I
C
S
&
Ideas, behaviors, intentions, logic, responsibility and innovation coexist at the intersection of ethics and transparency. It is a place of sharing, learning, refining and executing ideas. It is idyllic and provocative, challenging yet inspiring.
TRANSPARENCY
THE INTERSECTION OF
ETHICS & TRANSPARENCY
Ethics and transparency merge at a point of vulnerability.
A balance of risk versus reward, it requires clear
perspective about an organization, what a company
is doing and how they are doing it. It requires seeking feedback and open dialogues about behaviors, decisions, goals and values. It requires the purpose and passion
to continually improve our actions to solve gaps in
the perception of sustainability and to restore our
environment, inside and out.
At Milliken, we are standing at the intersection of ethics and transparency. Our third annual sustainability report is a signal to you, the reader, that we value your feedback and collaboration about our sustainability performance, our successes, our failures and our plans moving forward. 16 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 17 Milliken showroom in London, U.K. Design by M
Moser Associates. Photography by Gareth Gardener.
Milliken believes behaving ethically encompasses
responsibly using resources, such as energy, waste
and water. In 1990, Roger Milliken authored our first
environmental policy, which directs us “to strive for a goal of zero waste generation to all media—land, air,
water—to be achieved by continual improvement in all
of our operations.” This goal still guides the conduct of Milliken manufacturing operations, the development
of new Milliken products and our interaction with our
suppliers and customers.
For six years, Milliken has been diligently working to
reduce our operational footprint with four lofty goals:
achieving a 20% reduction in carbon emissions, energy
use, water consumption and waste generation by 2020,
as compared to our 2010 baseline.
Since 2010, we have achieved reductions of 9% to 49%
in respective categories; however, we recognize these
reductions are not as telling as we like, especially in an exciting period of company growth.
For example, in 2016, we saw a more than 15% increase
in our production, and therefore, our Scope 1 Emissions increased by 8.89% and Scope 2 emissions increased by
11.17%. Emissions grew less than production; however,
our current emissions tracking method identified this as a negative rather than a positive.
As we strive to ethically manage our consumption of resources, we also want to improve the quality of the information available for Milliken to make informed decisions on how we impact the environment. Therefore, we will be refining our sustainability dashboard to offer normalized and absolute targets reflecting an appropriate science-based goals methodology. We are not abandoning our goal of 20% reduction by 2020; rather, we are expanding the parameters of that goal for more impact.
Milliken believes acting ethically is
USING RESOURCES RESPONSIBLY
Encouraging continual
improvement by
discontinuing our carbon
negative certification from
the Leonardo Academy. By
doing so, we are establishing
a mindset that there is
always more we can do to
reduce our carbon footprint. 1 2
Shifting from absolute
greenhouse gas (GHG)
emissions targets to
science-based targets.
Through science-based
targets, we will have a newly
defined pathway for futureproof emissions reductions.
We are currently defining
these targets through 2017
and will announce updated
goals upon completion. 3
Developing better KPIs
on emissions per unit of
production to connect
positive business
performance to positive
sustainability performance.
Milliken believes behaving ethically
encompasses responsibly using resources,
such as energy, waste and water.
For 2017, Milliken is committing to the following:
18 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency Glazed Clay, featuring Aquafil ECONYL® 100% regenerated nylon yarn, at Office Twelve, Leicester, U.K. 19 As a global flooring manufacturer, we are actively
engaged in reducing our environmental impact.
Milliken executives routinely interact with the states of Georgia and South Carolina regarding environmentally
responsible manufacturing practices, because we
firmly believe that Milliken can grow our business while decreasing our environmental footprint. In fact, Milliken emphasizes that many practices to help protect our
environment are also good for business, such as making
operations more efficient.
Milliken also played a role at the annual Global Green
Pre-Oscar Party in Los Angeles in February 2016.
The event raised funds for critical environmental
initiatives and created global awareness for solutions
to climate change. Leading by example, Global Green
showcased green lifestyles by featuring everything from a sustainable green carpet and an all-organic menu,
to making the event zero-waste and having celebrities
arrive in eco-friendly vehicles. All of these efforts
appropriately dubbed this party as the green event of
Oscar week.
At the center of it all was the launch of the green carpet, manufactured by Milliken using Aquafil’s sustainable
ECONYL® nylon yarn, which greeted celebrity guests
as they arrived. Made completely from various nylon
waste materials—such as abandoned fishing nets—
ECONYL® yarns breathe new life into old products that
would otherwise pollute the world’s oceans and landfills.
The PVC-free green carpet represented just one of the
sustainable solutions at this event.
As the U.S. affiliate of Green Cross International,
Global Green’s signature programs include greening
affordable housing, schools, neighborhoods and cities,
as well as rebuilding communities that have suffered
from the impacts of climate change, sea level rise and
environmental degradation.
Every day our associates make millions of decisions, each one hinging on a shared set of values that has been ingrained into their decision-making framework. This collective system of decisions positively or negatively impacts our ability to act ethically and conduct a socially and environmentally responsible business in a global economy.
Many companies make claims about ethical behavior, but Milliken’s approach to values-based business has been consistently recognized and honored. In 2016, Milliken celebrated its 10th consecutive year of being named to Ethisphere® Institute’s list of the World’s Most Ethical Companies®. This designation recognizes organizations around the world that have a material impact on the way business is conducted by fostering a culture of ethics and transparency at every level of the company. Designation is based on scores generated in five key categories: ethics and compliance program (35%), corporate citizenship and responsibility (20%), culture of ethics (20%), governance (15%), and leadership, innovation and reputation (10%).
Milliken makes a conscious effort to instill strong ethical values throughout its daily business practices. The World’s Most Ethical Company designation has even prompted our associates to start using the question, “What would the World’s Most Ethical Company do in this situation?” as a decision-making framework.
To reinforce this culture of ethical behavior, we maintain an Ethics Help Line for associates to call anonymously. If at any time an associate believes our company’s values of honesty, integrity, ethical behavior or compliance with the law may be at risk, the associate can anonymously report their concerns through direct access.
CALLING FROM PHONE NUMBER
United States .....................................................................................................1-866-327-8419 Australia .............................................................................................................1-800-316-385 China ...................................................................................................................400-600-2617 France (Telecom) ..............................................................................................0-800-99-0011 + 866-327-8419 France (Telecom Development)....................................................................0-805-70-1288 + 866-327-8419 India .....................................................................................................................000-117 + 866-327-8419 Mexico ................................................................................................................001-844-367-1592 United Kingdom ................................................................................................0-500-89-001 + 866-327-8419 Milliken believes acting ethically is
TAKING ACTION TO REDUCE ENVIRONMENTAL IMPACT
Milliken believes acting ethically is
CONDUCTING GLOBAL BUSINESS REPUTABLY
Accessing the Ethics Help Line from any other country is a two-step process:
1. Dial the country-specific direct access code. A list of access codes for each country can be found at the following site:
https://www.business.att.com/bt/access.jsp.
2. After dialing the direct access code, you should hear a prompt. You should then dial 866-327-8419.
ETHICS HELP LINE DIALING INSTRUCTIONS
ETHICS AND
COMPLIANCE
PROGRAM
CULTURE OF
ETHICS
LEADERSHIP,
INNOVATION AND
REPUTATION
CORPORATE
CITIZENSHIP AND
RESPONSIBILITY
GOVERNANCE
The World's Most
Ethical Companies®
designation is based
on scores within five
key categories:
35%
20%
10%
20%
15%
20 Above: Color Field, manufactured with zero process waste sent to landfill, at the University of Wisconsin-Madison, 333 Building. Photography by Tricia Shay. MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 21 Ethical behavior begins with our associates, which is why we hire exceptional people and invest in their growth. Milliken has a culture of oneness, trust and continuous learning, enabling our associates to grow their personal capabilities and reach their full potential. One of our greatest strengths is the diversity of our associates’ talents and ideas. We seek innovators to lead in our quest for discovery, scientists and engineers to lead in our quest for continuous improvement, and strategic thinkers to lead in our quest for future growth.
While no day is the same at Milliken, every day is spent with a purpose and passion for making the world a better place, in ways both big and small. It is a way of being that combines deep science, meaningful design and unique insights to open our minds to the possibilities all around us; to consider challenges with fresh approaches and vigor. It is the way we solve problems and what makes our company unique.
Milliken & Company is an equal opportunity employer. All qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age, status as a protected veteran or status as a qualified individual with a disability.
At Milliken, we deeply understand we only have one planet Earth, which is why we aim to do everything possible to consider it when we manufacture products, when our customers use our products, and when our products reach the end of their useful life.
We are constantly seeking more information about the environmental impacts of the raw materials we select, looking to better understand the impacts of our products in their installation and use, and to design and redesign its recyclability.
For Milliken, acting ethically means employing a holistic perspective:
assessing the entire life of our products when evaluating environmental responsibility, and using Life Cycle Assessments and Environmental Product Declarations to measure and communicate their performance.
Milliken believes acting ethically is
BEING AN EMPLOYER OF CHOICE
Milliken believes acting ethically is
CREATING PRODUCTS WITH
THE ENVIRONMENT IN MIND
Life Cycle Assessments (LCA)
LCAs allow us to evaluate the environmental impacts
of Milliken flooring from raw material sourcing through the end of their usable life. LCAs measure the carbon
impact of our products, total embodied energy, and
contribution to smog, acidification and eutrophication
to help identify areas where we can fine tune green
attributes. At the time this report was published, we
have conducted LCAs for 100% of the commercial
flooring solutions we produce globally and are in the
process of completing LCAs for all new products,
including those for residential interiors.
Our LCA strategy includes evaluating any new
products or any major changes to existing products,
and reviewing current collections every three to five
years. Our goal is to maintain completed LCAs on
100% of our products by the end of 2017—and 90% of
them are already complete.
Environmental Product Declarations (EPD®)
EPDs communicate the results of our LCAs in a 12-15
page summary. EPDs act as a nutrition label of sorts, to highlight the stages across our products’ value chains
that have the largest environmental impact. Milliken
has 29 EPDs available, which cover all standard
Milliken modular carpet collections in the Americas,
EMEAI and Asia Pacific. We are committed to
providing EPDs for 100% of Milliken flooring solutions
by 2020.
To manage the life cycle impacts of constructing
and producing Milliken floor covering, we utilize our
Design for the Environment (DfE) framework, which
ensures responsible material selection and production
processes.
We use LCAs to determine both positive and negative
outcomes of using new products and ingredients. Our
LCA data shows us that between 75% and 95% of
our products’ environmental impacts result from the
sourcing and manufacturing of raw materials. When
possible, we develop relationships with suppliers
providing locally sourced raw materials or materials
with positive environmental attributes, such as biobased ingredients or those containing high percentages of recycled content.
Milliken’s DfE framework also guides product design
and application evaluation. We have found the single
most environmentally impactful action we can take
is to correctly specify flooring solutions for their ideal application. Simply by recommending the appropriate
flooring and installation requirements, we can prevent
75% to 95% of future environmental impact – reducing
waste and the need to replace floor covering with
new products. In addition, we can provide innovative
solutions to mitigate or resolve past product issues
from other manufacturers—flooring failure from
subfloor moisture issues as a primary example.
One significant way we promote the proper product
for the correct application is by keenly focusing on the carpet backing.
The type of carpet backing, rather than fiber type or
face weight, is the chief factor in creating carpet that performs with longevity and durability.
Milliken cushion-backed carpet is designed for a
longer usable life, meaning there will be fewer needs to replace it over the long term.
Further, our cushion-backed products are among the
industry's best to manage subfloor moisture, which is a common challenge in installing modular carpet.
Moisture management issues in interior environments
can become very messy, costly and extremely difficult
to repair. In most cases, our modular carpet with
cushion backing uniquely safeguards environments
and reduces the potential for mold and mildew issues,
which could otherwise require total replacement.
Simply by recommending the appropriate flooring and installation requirements, we can PREVENT 75% TO 95% OF FUTURE ENVIRONMENTAL IMPACT – reducing waste and the need to replace floor covering with new products.
Topography, certified to CRI Green
22 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency Label Plus™ for indoor air quality. 23 We are committed to understanding 100% of the chemical ingredients used in the materials we select for Milliken flooring solutions. We go above and beyond federal and state regulations to collect chemical and ingredient information from our suppliers. We have procedures in place to ensure that collecting ingredient information takes place before we ever purchase materials for production.
Using the GreenScreen® for Safer Chemicals methodology, the Healthy Building Networks Red List, the California Proposition 65 List and the Green Science Policy Institutes Six Classes, we screen and assess the chemicals used in potential materials. If we identify any issues during this assessment process, we either search for safer chemicals or further explore risks from exposure. Regardless of the outcome, Milliken is committed to being transparent about the chemicals and ingredients used in our products, while also working to promote and advance material science with new levels of safe products.
Health Product Declaration® (HPD) denotes the potential human health risks and hazards of products produced by
Milliken. HPDs disclose product components and include
environmental and human toxicity components to signal
health-related product implications.
We place equal emphasis on the human health impacts of our associates and the communities in which we operate, our suppliers’ associates, the truck drivers who transport our raw materials, the communities where our raw materials travel, and those who are exposed to our products at the end of their useful life. We evaluate the whole life of flooring when we assess our product’s human health performance and use the following tools to communicate the results.
In heavy traffic areas or areas where standing occurs, we recommend modular carpet with PVC-free cushion backing, which absorbs shock from thousands of footsteps each day. In workplaces providing sit-to-stand desks, the cushion backing helps reduce muscle fatigue as much as 24%. The addition of cushion backing also allows Milliken modular carpet to retain surface appearance up to 40% longer than non-cushioned carpet tiles. This performance is equivalent to a rating of ‘severe’ against the most rigorous test (TARR) in the industry.
Milliken’s cushion-backed modular carpet also absorbs up to 50% more noise than hard-backed carpets and up to 12 times more than hard surface and rubber flooring, creating quieter indoor acoustics deemed imperative for today’s open-concept workplaces.
Finally, as mentioned in our DfE examples, our cushion backing enables subfloor moisture vapor to be wicked away rather than trapped. This can improve indoor air quality by reducing damp conditions that attract mold and mildew.
DeclareSM is a voluntary labeling program and database
operated by the International Living Future InstituteSM.
Declare transparency labels are offered for 14 commercial modular carpet collections in the Americas and EMEAI,
and all cushion-backed collections in China. Milliken
modular carpet collections comply with the Red List
imperative of the Living Building Challenge. Notably,
Milliken was the first carpet manufacturer to offer Declare labels in China.
To manage the impacts of our materials on human health, we evaluate all new and existing supplier materials
to understand their human health impacts before
purchasing. We do so using our Design for Human Health
strategy, developed through WAP Sustainability’s Value
Chain Chemical Management System (VCCM®).
Milliken’s concern for human health impacts extends beyond the end users of our products.
Another example where we seek positive health and wellness attributes is to consider our products’ correct applications and uses.
HEALTH PRODUCT DECLARATION®
DECLARESM
DESIGN FOR HUMAN HEALTH (DFHH)
Milliken believes acting ethically is
DESIGNING FLOORING SOLUTIONS
WITH HUMAN HEALTH IN MIND
Our partnership with WAP
Sustainability helps us manage the
information needed to consider
regulatory and voluntary market
restricted and cautionary substance
lists. This defined business process is
a core component of Milliken’s new
material approval process. Nothing
goes into production without evaluation
and approval. Further, this process has
been third-party verified by GreenCircle
Certified, signifying Milliken’s
operational control of its chemical and
ingredient evaluation process.
A custom Milliken floor covering
grounds the Wellington International
Airport in New Zealand.
24 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 25 Milliken believes acting ethically is
WORKING TO RESOLVE CONFLICTS
BETWEEN ENVIRONMENTALLY PREFERABLE
PRODUCTS WITH QUESTIONABLE HUMAN
HEALTH IMPACTS—AND VICE VERSA
A product’s sustainability, as well as health and wellness attributes, are broad and complicated topics. Though the talking points may be simple, the reality is far from black and white. To have an honest conversation about how green or how healthy any given product or company is, we have to account for the fact that competing, and sometimes contradictory, factors are inherent to any holistic environmental or health and wellness strategy.
One example of this conflict can be seen in Milliken’s
commitment to eliminate Red List Chemicals within our flooring products where possible, such as polyvinyl chloride (PVC) in broadloom and modular carpet. Currently Red-Listed, PVC is used to manufacture select Milliken products, including entry matting and luxury vinyl tile. PVC has long been debated in the carpet industry, and while PVC does have a low carbon intensity compared to similar products, it is difficult to control 100% of the product at the end of its life. Therefore, we use virgin PVC in our performance-driven luxury vinyl tile to ensure stable construction and consistent materials, and to keep the most visible supply chain.
Like many manufacturers addressing
sustainability, we struggle with what to
do when a slightly healthier product has
a much larger environmental burden,
and vice versa.
At Milliken, we marry chemical
evaluation with LCA, providing the
information necessary to make the
most ethical, responsible and informed
environmental and health decisions.
Naturally Drawn, made with Aquafil
ECONYL® regenerated nylon yarn,
featured at NNDKP, Bucharest, Romania. 26 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 27 Milliken believes acting ethically is
PARTNERING WITH
SUPPLIERS WHO ADHERE
TO & BEHAVE WITH SIMILAR
ETHICAL BEHAVIOR
Henry Ford envisioned an integrated vertical supply chain where he had total control and maintained complete ownership. That vision would make managing ethical behavior of an entire supply chain much easier, because all suppliers would operate under the same parent organization.
Ford’s strategy is more difficult for Milliken, as we maintain relationships with more than 50 global suppliers. Since we do not control 100% of our supply chain, Milliken’s Supplier Code of Conduct defines our ethical business expectations for suppliers, which they must review and sign before entering into a business arrangement with us.
Milliken expects our suppliers will operate in an environmentally responsible manner. At a minimum, suppliers should comply with all applicable environmental laws, regulations and standards, including requirements governing chemical and waste management and disposal, recycling, industrial wastewater treatment and discharge, air emissions controls, environmental permits and environmental reporting. Each supplier is also required to implement an environmental management system, which may include: goals to reduce environmental impact, measures and controls (including audits), reporting and training.
Milliken’s Supplier Sustainability Program requires
all suppliers and vendors to:
• Execute Milliken’s Supplier Code of Conduct
• Provide Milliken a material safety data sheet (SDS) for every material
• Provide chemical and ingredient information to 100 parts per million (ppm)
• Provide packaging information with each specific
product shipment
• Sign a written agreement assuring no forced or child
labor is used
• Create a general plan for community involvement
• Commit to comply with all environmental and
safety regulations
• Complete a signed and legally binding procurement policy We collaborate with our major suppliers
to provide more accurate data for LCAs, so
our environmental impact evaluations are,
in turn, more accurate. By 2020, we aim to
expand this throughout our supply chain to
all Tier 1 suppliers, to achieve a value chain
filled with high-quality LCAs. The result is
streamlined data to enable informed decisions
about our product ingredients, constructions,
applications, installations and cleaning
methods.
As Milliken works to
promote transparency for
our customers, we are also
partnering with our suppliers
to promote healthier
materials and ingredients.
We implemented a program to provide
suppliers feedback on the chemical and
ingredient performance of products they
provide to Milliken, and we have a mechanism
to facilitate dialogues on product substitutes
and replacements.
Making demands to our suppliers is a two-way
street. Milliken is committed to treating our
suppliers with the highest level of integrity
and respect, and this commitment is reflected
in our strong supplier relationships. Milliken
acknowledges and respects the differences in
culture and legal requirements throughout our
global supply chain. In addition to demanding
more than producing supplies and performing
services in strict compliance with all applicable
laws, we require supplies and services be
produced or performed in an ethically, socially
and environmentally responsible manner.
Applewood LVT reduces noise at
Snohomish Library in Snohomish WA,
with the performance of resilient flooring,
Photography by Jeff Beck.
28 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 29 Applewood LVT reduces noise at Snohomish
Library in Snohomish, WA, with the performance
of resilient flooring. Photography by Jeff Beck.
Milliken believes being transparent is
PUBLICLY REPORTING
RESOURCE CONSUMPTION
Milliken believes being transparent is
COMMUNICATING OUR
ROLE IN PROTECTING THE
ENVIRONMENT
The Paris Agreement in 2015 saw 195 of the world’s
governments commit to addressing climate change by
limiting global warming to well below 2 degrees Celsius.
This signified the importance for businesses to play their part in the transition to a low-carbon economy. Milliken wants to demonstrate we have the innovation, expertise and intentions to play our part in the international efforts to limit global temperature rise.
We commit to transparently communicate our efforts to
reduce our footprint while increasing our production—and we want to ensure our actions are aligned with current
climate science by setting science-based targets.
Science-based targets play an integral part in our efforts to reduce resource consumption. Targets to reduce carbon emissions are considered science-based if they are in line with the level of decarbonization required to keep global temperature increase below 2 degrees Celsius, compared
to pre-industrial temperatures, as described in the Fifth Assessment Report of the Intergovernmental Panel on
Climate Change (IPCC AR5). Science-based targets help
reinforce our desire to approach global carbon emissions responsibly and ethically.
The Paris Agreement also highlighted transparency as
an important aspect of an organization’s commitment
to protecting the environment. Milliken will revisit its science-based targets every five years to refine our goals within the parameters of science, to report publicly on how well we are achieving our targets, and to track progress towards achieving our long-term goal through sustainability reporting. By 2018, we will revise our 2020 goals to be science-based goals, and will communicate these goals
as a sign of our commitment to the Science Based Targets initiative.
We commit to
transparently
communicate our
efforts to reduce
our footprint
while increasing
our production.
For Milliken, being transparent means being held accountable for our performance. While we have made great strides in reducing our consumption of resources like energy, waste, water and carbon, we have yet to achieve our stated goals. By being transparent with our performance to date, we hope to hold ourselves to a higher level of accountability.
Stewarding the natural resources we consume is a core value for Milliken & Company. The floor covering division has performed favorably in reducing resource consumption during periods of flat growth, but with increased production outputs, we are seeing progress towards our absolute reduction
targets decline. We are not on track to meet our 2020 goals of 20% reduction in carbon emissions, energy and waste.
Milliken intends to do our part to protect the environment by using resources responsibly. To improve our performance, we have separated ourselves from our third-party carbon negative certification from the Leonardo Academy Cleaner and Greener® program. Instead, we shifted the conversation internally to one acknowledging we still have work to do.
Further, new KPIs and goals normalized to production
numbers, hours of operation and number of employees, and the introduction of science-based goals will help us continue to improve our responsible use of resources.
SCOPE 1
EMISSIONS
(MT CO2e)
SCOPE 2
EMISSIONS
(MT CO2e)
ENERGY
(MMBtu)
WATER
(m3)
WASTE
(tonnes)
Base Year 2010 31,032 56,379 952,258 1,811,782 8,330
2015 27,900 50,506 822,654 923,598 7,241
2016 30,381 56,150 890,389 876,946 7,101
Percent Reduction 2015 -9.02% -10.42% -13.61% -49.02% -13.08% Percent Reduction 2016 -2.09% -0.4% -6.50% -51.60% -14.75% Target Number 24,825 45,103 761,806 1,449,426 6,665
2015 Percent Left to Achieve Goal 10.98% 9.58% 6.39% 0% 6.92% 2015 Percent Left to Achieve Goal 17.91% 19.6% 13.5% 0% 6.54% Percent Reduction by Year from 2015 2.20% 1.92% 1.28% 0% 1.38% Percent Reduction by Year from 2016 4.48% 4.90% 3.38% 0% 1.64% 2016 MILLIKEN RESOURCE CONSUMPTION AND CARBON EMISSIONS Unearthed, Bedrock 2, manufactured using up to 43%
renewable energy through hydroelectric credits and
capturing methane gas from the LaGrange, GA landfill.
Glazed Glay, featuring Aquafil
ECONYL® 100% regenerated nylon
yarn, at Office Twelve, Leicester, U.K.
30 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 31 At Milliken, we aspire to be a company for which people want to work. We recognize associates ultimately choose their employer, and we want to be every associate’s
first choice. We encourage our global community of
innovators to redefine the status quo by pushing the
limits of innovation, even if it means failing. It is that bold, unafraid spirit that moves innovation forward.
The floor covering division employs 1,645 associates
around the world, and 16% of those associates (257)
joined our team in 2016. Milliken celebrated the return of 84% of our work force in 2016, signifying we are an
employer of choice for those 1,381 associates.
A key performance indicator for being an employer
of choice is if our associates chose to return to work
after taking parental leave. In 2016, we had 16 females and three males take parental leave. All 19 associates
returned to work.
Gender equality is another important indicator
regarding employer of choice, and Milliken creates equal opportunities for all regardless of gender, race or sex. Of our 1,645 total associates, 62% are male and 38% are
female. While the majority of Milliken associates are
male, women occupy more than 39% of our management
roles, with four out of every 10 management roles led by women. Of the 257 new hires in 2016, 61% were male
and 39% were female.
In 2016, 1,645 associates participated in the Personal Responsibility: Code of Conduct ACE compliance training, representing 1,645 training hours. This means 100% of our 2016 employees were trained on how Milliken associates should approach:
As a direct result of this annual training, Milliken is pleased to report that in 2016, we saw no incidences of discrimination and no grievances related to human rights.
Part of holding ourselves to the highest ethical employment standards is caring deeply about the health and well-being of those who manufacture Milliken products.
Our emphasis on safety has positioned Milliken as one of the nation’s top three United States companies for the number of sites receiving the coveted OSHA Voluntary Protection Program (VPP) STAR Certification.
Our truck fleet, owned by Milliken & Company, is repeatedly recognized for its safety record by organizations such as the National Safety Council and the National Private Truck Council. Moreover, we have one of the lowest total incidence and injury rates of North American manufacturers.
In 2016, Milliken experienced a year-to-date incidence rate of 0.88*. All incidents were recorded and investigated to understand the root cause and reduce future risk. Incidents range in severity, though there were no operational fatalities during 2016. In fact, Milliken has never had a fatality in our global floor covering division since it started in 1973.
Milliken is committed to being a fair
and equitable employer.
We provide excellent benefits, including health, dental and vision coverage.
We offer group life insurance, temporary disability insurance for injuries or sickness, long-term disability insurance and death benefits, which cover certain causes of death. To help provide a stable financial situation for associates later in their lives, we also offer employer-provided retirement plans, defined benefit pension plans and defined contribution pension plans.
Promoting fair business practices is important to Milliken, as our associates are free to organize and associate; however, only 22 associates are covered by collective bargaining agreements. Milliken obtained those 22 associates through its acquisition of Ontera Modular Carpets Pty Ltd in Australia.
Milliken also encompasses associate actions when defining elements of employer or choice, ensuring colleagues conduct themselves in accordance with Milliken’s shared values. Every year, 100% of our associates review the Milliken Code of Conduct. It is translated into the languages of every country in which we do business, and it is reviewed annually by Milliken’s Internal Committee on Compliance and Ethics and the Milliken & Company Board of Directors.
Milliken believes being transparent is
SHARING EMPLOYMENT PRACTICES & METRICS
RELATED TO BEING AN EMPLOYER OF CHOICE
1,645
38%
MANAGEMENT
ROLES LED BY
WOMEN
4/10
62%
Live Oak 0.00
Alma 3.07
DMS/Kexll 0.00
Dalton 0.00
Middleton 1.44
Beech Hill 2.18
Zhangjiagang 0.45
Ontera 1.22
TOTAL 0.88
GLOBAL MANUFACTURING
AND WAREHOUSE LOCATIONS
Conflicts of interest
Information security
Policy management
Gifts and entertainment
Anti-corruption / bribery
Environmental protection
Antitrust / competition
Workplace harassment
Diversity / equal employment
opportunity / discrimination
Fair employment / fair labor standards
Company asset protection
Social media
Financial integrity and fraud
Data privacy
Misconduct investigations
Procurement integrity / dealing with
suppliers / supply chain oversight
Intellectual property
Workplace health and safety
Non-retaliation
Recordable incidennce rate per 200,000
work hours by manufacturing operation:
32 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 33 Milliken showroom in Chicago,
IL, USA, certified LEED® Gold.
Milliken Customer Center in Spartanburg,
SC, USA. Design by M Moser Associates.
Photography by Eric Laignel. *Incidence rate per 200,000 work hours.
MILLIKEN FLOORING SOLUTIONS CONTAIN A RANGE OF
POST- AND PRE-CONSUMER RECYCLED MATERIALS
The table below details product lines containing recycled content, and the percentages of post-industrial and post-consumer materials used within the products.
BACKING BACKING TYPE POST-INDUSTRIAL
RECYCLED CONTENT
POST- CONSUMER
RECYCLED CONTENT
ES/ESP Comfort Plus® Polyurethane cushion backing 10-46.5% 0-13% ES/ESP Underscore® Polyurethane cushion backing 10-46.5% 0-13% Comfort Plus® /
Comfort Lite* Polyurethane cushion backing 10-18% 0-13% Function Plus™* Polymer modified bitumen hard back 0-5% 0-1% B2®* Thermoplastic 0% 0%
Luxury Vinyl Tile Vinyl core and backing layers 0% 0%
*Not available in all regions
RECYCLED CONTENT IN MILLIKEN MODULAR FLOORING
CARPET LAYER RAW MATERIALS WEIGHT RAW MATERIAL EXTRACTION LOCATION* AdámasTM
Polyurethane Coating Polyurethane Acrylate 1% China
Transparent Wear Layer Soybean Oil, Calcium Stearate,
Zinc Stearate 2% China
Printed Layer Carbon Black < 1% China
Core Layer PVC 34% China
Backing Layer Calcium Carbonate 55% China
Non-Skid Backing DOTP 4% China
*Americas and Asia Pacific products only
MILLIKEN LVT RAW MATERIALS BY WEIGHT & COUNTRY OF EXTRACTION Milliken shares the environmental impacts of its products using Life Cycle Assessments (LCAs) and Environmental Product Declarations (EPDs). These standardized processes allow Milliken to calculate and communicate the environmental impacts for each product across seven life cycle impact categories.
Beyond LCAs and EPDs, we want to be transparent about the primary materials in our flooring solutions, and where those materials come from. The following table highlights the amount of materials by weight (between 90-95%) of our commercial carpet products made in the U.S. and China, and the raw material extraction location by country. EMEAI raw material extraction information is available by request.
CARPET LAYER RAW MATERIALS WEIGHT RAW MATERIAL EXTRACTION LOCATION* Tufted Face Fiber Nylon 6 or nylon 6,6 20-30% United States (Gulf of Mexico, Texas), China, Thailand, India, Canada
Primary Backing
Polypropylene or polyethylene
terephthalate (PED), nylon 6 and
recycled PET
4-6% United States (North Dakota), Canada
Primary Coating Combination of calcium carbonate
and polymer adhesives 10-14% United States (Alabama)
Secondary Backing
Polypropylene-based thermoplastic
layer with rheology modifiers that
vary by region
35-45% United States (Gulf of Mexico, Texas), Canada
Fiberglass Layer Fiberglass 1-5% United States (Gulf of Mexico, Texas) *Americas and Asia Pacific products onlynly
Milliken believes being transparent is
VERIFYING THE ENVIRONMENTAL
PERFORMANCE OF OUR PRODUCTS
MILLIKEN CARPET RAW MATERIALS BY WEIGHT & COUNTRY OF EXTRACTION 34 Lapidus, an award-winning collection, is Living Building Challenge Compliant. MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 35
MILLIKEN CONSIDERS THE ENVIRONMENTAL IMPACTS
OUR PRODUCTION PROCESSES AND RAW MATERIAL
EXTRACTION LOCATIONS HAVE ON BIODIVERSITY
As a family of companies, we are committed to ecologically responsible land management and to reducing the long-term impacts of our activities.
Within our LCA process, we measure the ecological impacts of our products through eutrophication, acidification, and contribution to smog and ozone depletion. We recognize the ecological impacts of these categories, and we are working to reduce these categories as part of our LCA and product optimization strategy. We review these impact categories every five years, as well as when we evaluate new products, materials, ingredients or manufacturing processes.
BACKING
EUTROPHICATION
POTENTIAL
(kg (PO4)3-Eq.)
ACIDIFICATION
POTENTIAL
(kg (S02-Eq.)
SMOG FORMATION
POTENTIAL
(kg (Ethen Eq.)
OZONE DEPLETION
POTENTIAL
(kg (CFC11-Eq.)
ES/ESP Comfort Plus®
SDN 6,6 (ES Version) 4.6E-03 to 8.10E-03 3.1E-02 to 4.89E-02 4.9E-03 to 7.72E-03 1.3E-08 to 1.41E-08 ES/ESP Underscore®
SDN 6,6 (ES Version) 4.3E-03 to 7.78E-03 2.9E-02 to 4.63E-02 4.5E-03 to 7.33E-03 1.30E-08 to 1.39E-08 Comfort Plus2®*
SDN 6,6, 900-1000 gsm version 5.7E-3 3.69E-2 6.23E-3 4.72E-8 Function Plus™* No Data No Data No Data No Data
B2®*
Digital Dye 6,6 Version 5.94E-03 4.50E-02 4.04E-03 2.65E-08 TractionBack®* No Data No Data No Data No Data
Luxury Vinyl Tile 8.52E-03 1.25E-01 6.17E-03 1.63E-07
* As described by A1-A3 in Milliken’s Environmental Product Declarations ** Not available in all regions As a family of companies, WE ARE COMMITTED
TO ECOLOGICALLY RESPONSIBLE LAND
MANAGEMENT AND TO REDUCING THE
LONG-TERM IMPACTS of our activities.
36 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 37 Color Field, manufactured with zero process waste sent to landfill, at the University of Wisconsin-Madison, 333 Building. Photography by Tricia Shay.
The Environmental Protection Agency defines
eutrophication as the “enrichment of an aquatic
ecosystem with nutrients (nitrates, phosphates)
that accelerate biological productivity (growth
of algae and weeds) and an undesirable
accumulation of algal biomass.”
In short, it is the scientific term for the
environmentally detrimental effects of fertilizer
runoff, phosphate-rich detergents and sewage.
Although eutrophication happens naturally,
human activity can rapidly speed up the process.
For example, agricultural activity applies natural
and synthetic substances with high nitrate and
phosphate content to land. Only a portion of
these substances remain on the land on which
they are applied. The portion that does not
remain is often carried by rain to neighboring
water bodies, where it accumulates and serves
as a dense source of nutrients for algae, weeds
and other plant life. This plant life grows at such
a rapid rate that the aquatic animals and fish
cannot feed on the plant life fast enough to keep
its growth in check. The result is a water body
low in oxygen with limited biodiversity.
EUTROPHICATION
As previously discussed above, ozone near
the ground is harmful to the environment;
however, ozone at higher levels of the
atmosphere is a good thing. This good
ozone, sometimes referred to as
“stratospheric ozone,” protects humans,
animals and plants from extremely harmful
solar radiation. Stratospheric ozone is
depleted through the atmospheric release
of many industrial chemicals.
Without a protective layer of ozone in the
stratosphere, health issues such as skin
cancer and cataracts in humans would
increase significantly. From a biodiversity
perspective, stratospheric ozone depletion
shifts the solar UV balance plants and
animals have evolved with for millions
of years. This causes the developmental
and nutrient cycles of plants to change,
ultimately slowing or impeding growth.
Another major ecological change of ozone
depletion occurs in the oceans. Changes
in UV radiation from ozone depletion
reduce the productivity of phytoplankton.
Phytoplankton are small plant-like animals
that serve as the food web foundation of
ocean ecosystems. A strong phytoplankton
base promotes biodiversity and thus, without
a phytoplankton base, ocean ecosystems
would begin to crash. A similar effect can
happen in terrestrial aquatic systems and
their adjacent land ecosystems.
Relevant Generic Material Sourcing Declaration Categories for LEED: Biodiversity, Habitat
OZONE DEPLETION
Acidification occurs predominantly through
the increase of hydrogen ions (H+) in the
environment, due to the direct release of
acids (such as nitric acid or sulfuric acid), or
by the addition of substances that chemically
react to transform other air pollutants into
acids. These acids are then deposited onto
the soil or into water bodies causing severe
imbalances in the environment that can
limit the biodiversity of plant and animal
life. A few examples of negative biodiversity
impacts of acidification include coral
bleaching, death of acid-sensitive plants,
and negative changes in the reproduction
potential of organisms such as frogs, fish
and salamanders.
ACIDIFICATION
Relevant Generic Material Sourcing Declaration Categories for LEED: Biodiversity, Local Water Quality, Habitat
Many people who live in industrial regions
are familiar with smog. Smog is created in
the layer of the atmosphere that is closest to
the ground, and it is produced when VOCs
and nitrogen oxides react with sunlight.
Significant sources of these VOCs and
nitrogen oxides are coal-burning power
plants and combustion engines.
Smog is also referred to as groundlevel ozone. Although ozone high in the atmosphere serves to protect humans,
animal life and plant life from UV radiation,
ozone near the ground has detrimental
ecological effects on biodiversity. For
instance, smog has been shown to reduce
the photosynthetic rate of many important
tree species. It has also been shown to
increase plants’ sensitivity to disease, severe
weather and insect damage. By reducing the
durability and growth rate of plants, smog
serves to negatively change overall habitat
quality and reduce the overall efficiency of
ecological water and nutrient cycles.
SMOG FORMATION POTENTIAL
Relevant Generic Material Sourcing Declaration Categories for LEED: Biodiversity, Habitat Unearthed, Gypsum, manufactured using up to 43%
renewable energy through hydroelectric credits and
38 capturing methane gas from the LaGrange, GA landfill. MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 39 In addition to managing the exchange of data, we also developed concrete procedures for how to provide transparent feedback on how supplier materials scored in material health.
REVOLUTIONIZING VALUE CHAIN TRANSPARENCY
Being transparent about 100% of the chemicals and ingredients in products requires a significant shift in managing supplier relationships.
Milliken began our journey to become more transparent with the chemicals and ingredients used in our floor covering solutions by establishing a formal process. This process started with knowing what we should be asking suppliers for, and it expanded to create procedures and work flows for supplier management going forward. This included:
In addition to being the first floor covering
company to obtain this new LEED v4 MRc4
Option 3 certification, Milliken promotes
transparency using Health Product Declarations
(HPDs), Declare labels and Google Portico.
What we learned from the HPD, Portico and
Declare processes is that completing accurate
and reliable chemical transparency documents
can be extremely difficult. Suppliers are often
reluctant to share proprietary or intellectual
property, which is imperative to create
adequate material transparency tools. For this
reason, we learned the process of full chemical
transparency requires creative solutions,
education and negotiation.
As of 2016, Milliken is still working towards
completing supply chain data collection for
100% of our materials. This project will be
completed in 2017 globally.
Driving the intent for collecting and screening
100% of our chemicals and ingredients is
Milliken’s goal to phase out any hazardous Red
List chemicals used currently in our flooring
products by 2020, at the latest. Currently,
we have one identified Red-Listed ingredient,
polyvinyl chloride (PVC), used in manufacturing
select Milliken products, including entry
solutions and luxury vinyl tile.
TRANSPARENCY TOOLS
Milliken believes being transparent is
PROVIDING THE HUMAN HEALTH
PERFORMANCE OF OUR PRODUCTS
1 Creating specific
processes for how to
collect information
from new suppliers. 2
Understanding what
to do when a supplier
changes a formulation. 3
Determining the
stage in research and
development when
we evaluate chemicals
and ingredients in a
new product.
GreenCircle Certified third-party verified the entire process, to ensure Milliken met the requirements of the USGBC LEED v4 MRc4 Option 3 Credit.
This credit rewards manufacturers who engage in validated safety, health, hazard and risk programs to document at least 99% (by weight) of the ingredients used to make the product; it also ensures processes are in place to communicate and transparently prioritize chemical ingredients along the supply chain according to available hazard, exposure and use.
Milliken showroom in London, U.K. Design by M
Moser Associates. Photography by Gareth Gardener.
Eero Freelay LVT, FloorScore®
certified, meets strict indoor
air requirements.
40 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 41 We are fully engaged and working
diligently with every one of our suppliers to
collect, screen and evaluate all chemicals and
ingredients used in our products.
As our partnerships advance, we will continue to ask our supply chain to confirm they have the appropriate chemical, environmental, health and safety management processes in place, and we plan to further communicate with our suppliers currently using flagged hazard materials.
Our intent is to collaborate with the suppliers who report select products contain chemicals with associated hazards. We expect our suppliers to develop management systems and plans, which address chemical safety and health with specific targets and goals. These plans should include how the supplier intends to eliminate the use of hazardous ingredients, to minimize the use of hazardous ingredients when elimination is not possible, to transition to more effective control measures where hazardous ingredients remain, and to manage those remaining hazardous ingredients responsibly with a goal of zero exposure and discharge to humans and the environment.
ISO 14001/9001 Certification
• ISO 14001 certification confirms the supplier has a documented and verified EMS system in place. • ISO 9001 certification confirms the supplier has a documented and verified quality system in place.
Material Health Impacts Policy
• Milliken now expects suppliers to have a material health impact policy. We also look for training, chemical knowledge and screening, and supplier data sheet (SDS) documentation.
Chemicals of High Concern Avoidance
• Milliken requests a policy or approval process for lists or tools our suppliers use to screen chemicals.
Chemical SDS Documentation
• As a part of the “right to know” legislation, Milliken asks suppliers if their company maintains a list of chemicals used in their facilities, along with the corresponding SDS documentation, and if this list is readily available to all associates.
Chemical Information Beyond Requirements
• Milliken is also asking our supply chain what chemical information they collect above legal requirements and what percentage of their supply chain complies with the collection requirement.
Milliken believes being transparent is
DEMONSTRATING
TRANSPARENCY IN OUR
SUPPLY CHAIN THROUGH
TRACEABILITY, TRANSPARENCY
& ACCOUNTABILITY
As a part of Milliken’s overarching efforts to prioritize reducing environmental impacts and promoting health and safety of our workers and customers, we approached our supply chain to better understand the chemistries of the products supplied to us. In these efforts, we reached out to all raw material suppliers within our U.S. flooring operation to understand the chemicals in their raw materials at 100 parts per million, unless otherwise specified.
As a part of our 2016 initiatives, we required our supply chain to provide us the following information regarding their own environmental, health and safety management systems:
Clerkenwell, using Aquafil ECONYL®
100% regenerated nylon yarn, featured at
Amidar, Tel Aviv, Israel. 42 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 43 Milliken believes being transparent is
MAINTAINING OPEN LINES OF
COMMUNICATION FOR FEEDBACK
Milliken wants to foster an environment of openness and transparency, which is why we are asking for your feedback about this report, our goals and our intentions. We want to maintain open lines of communications at all times.
Please contact us via:
Email - [email protected]
Or you may directly contact:
Philip Ivey, Milliken Strategic Sustainability Leader
Phone - 706.302.3245
2016
WINNER
2016 MILLIKEN AWARDS
2016 World’s Most Ethical Companies® by Ethisphere® Institute, 10th consecutive year
PRODUCTS MILLIKEN & COMPANY AWARDS
PROJECTS
44 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 45 South Carolina Governor’s School for Science and
Mathematics 2016 Townes Award
R&D Magazine’s R&D 100 Award, Westex ShieldCXPTM SC InnoVision Award for Technology Integration, MilliguardTM UVX200 HF
AWARDS SPONSORED BY MILLIKEN
Fifth Annual International Interior Design Association (IIDA) Educator of the Year Award
Second Annual Interior Designers of Canada (IDC)
Design Research Award
Interior Design’s Best of Year Awards finalist for
Flooring: Carpet/Modular - Unearthed
IIDA/HD Product Design Competition winner for
Resilient Flooring – Eero, Freelay
Metropolis’ #MetropolisLikes at NeoCon winner – Lapidus BUILDINGS’ Product Innovations Awards Merit award for flooring – Freelay
Contract’s Best of NeoCon Gold winner for
Carpet: Modular – Lapidus
Interior Design’s HiP at NeoCon Awards
finalist for Workplace: Hard Surface – Freelay
2016 ASID Wisconsin Design Awards, Gold – Milwaukee Bucks Corporate Office by Eppstein Uhen Architects, which features Walk The Line in open and private offices
2016 Starnet Design Award, Gold Winner Education - The New Jersey City University School of Business, Jersey City, New Jersey for Flooring: Carpet/Modular - Unearthed
2016 Starnet Design Award, Grand Prize Winner & Gold Winner Corporate – IMM TI, Boulder, Colorado, by OZ Architecture Denver
MILLIKEN MEMBERSHIPS
AROUND THE WORLD
Carpet and Rug Institute (CRI™)
Carpet America Recovery Effort (CARE)
Health Product Declaration® (HPD) Collaborative
International Living Future InstituteSM (ILFI)
International Interior Design Association (IIDA)
International Facility Management Association (IFMA™)
Interior Designers of Canada (IDC)
Joint Committee on NSF-140
U.S. Green Building Council (USGBC)*
British Standards Institution (BSI)
Carpet Recycling U.K. (CRUK)
European Carpet & Rug Association (ECRA)
Gemeinschaft umweltfreundlicher Teppichboden (GUT)*
International Facility Management Association (IFMA™)
Spain Green Building Council® (SpainGBC)
U.K. Green Building Council (UKGBC)
Union Francais Tapis et Moquette (UFTM)
China Carpet Standardization Technical Committee
Green Building Council of Australia (GBCA)
New Zealand Green Building Council (NZGBC)
THE AMERICAS
BUILDING A BETTER FUTURE
AROUND THE GLOBE
Milliken's Corporate Impact Campaign took a new form in 2016, looking to broaden philanthropic endeavors in Spartanburg, South Carolina—our global headquarters. Milliken associates had the opportunity to designate their donation to the Strategic Community Impact Organizations of their choosing with missions that align with core Milliken & Company values: vibrant culture, health and safety, and quality education.
In 2016, Milliken hosted the launch of a new initiative called DesigningFutures@CDW, developed to address young people’s issue of access to the design, interiors and construction sectors. DesigningFutures@ CDW, which featured work experience and skills training, was championed by Jade-Ilke Creative Solutions and supported by Clerkenwell Design Week, Sketch Studios and Milliken.
Milliken Community Impact Campaign in the U.S.
DesigningFutures@CDW in the U.K.
EMEAI
ASIA PACIFIC
GRI INDEX
46 MILLIKEN SUSTAINABILITY REPORT − The Intersection of Ethics and Transparency 47
STANDARD DISCLOSURES
Page Standard Disclosures
2 1.1 Statement from the most senior decision-maker of the organization 11 1.2 Description of key impacts, risks and opportunities 6 2.1 Name of the organization
6 2.2 Primary brands, products and/or services
6 2.3 Operational structure of the organization, main divisions, operating companies, subsidiaries and joint ventures
6 2.4 Location of organization's headquarters
6 2.5 Number of countries where the organization operates, and names of countries with either major operations or that are specifically relevant to the sustainability issues covered in the report
6 2.6 Nature of ownership and legal form
6 2.7 Markets served, including geographic breakdown, sectors served and types of customers/beneficiaries
7 2.8 Scale of the reporting organization
None 2.9 Significant changes during the reporting period regarding size, structure or ownership 45 2.10 Awards received in the reporting period
7 3.1 Reporting period for information provided
2016 3.2 Date of most recent previous report
7 3.3 Reporting cycle
7 3.4 Contact point for questions
Page Standard Disclosures
8 3.5 Process for defining report content
7 3.6 Boundary of the report
7 3.7 State any specific limitations on the scope or boundary of the report 47 3.12 Table identifying the location of the Standard Disclosures in the report 7 3.13 Policy and current practice with regard to seeking external assurance for the report 8 4.4 Mechanisms for shareholders and employees to provide recommendations or direction to the highest governance body
33 4.6 Processes in place for the highest governance body to ensure conflicts of interest are avoided
12, 13,
14, 15
4.8 Internally developed statements of mission or values, codes of conduct, and principles relevant to economic, environmental and social performance, and the status of their implementation
21 4.12 Externally developed economic, environmental, and social charters, principles, or other initiatives to which the organization subscribes or endorses 46 4.13 Memberships in associations and/or national/international advocacy organizations 9 4.14 List of stakeholder groups engaged by the organization 9 4.15 Basis for identification and selection of stakeholders with whom to engage 8 4.16 Approaches to stakeholder engagement, including frequency of engagement by type and by stakeholder group
10, 11 4.17 Key topics and concerns that have been raised through stakeholder engagement, and how the organization has responded to those key topics and concerns Page Performance Indicators
34, 35 EN1 Materials used by weight or volume
35 EN2 Percentage of materials used that are recycled input materials 30 EN3 Direct energy consumption by primary energy source 30 EN4 Indirect energy consumption by primary energy source 30 EN8 Total water withdrawal by source
Page Performance Indicators
36 EN12 Description of significant impacts of activities, products and services on biodiversity in protected areas and areas of high biodiversity value outside protected areas 30 EN16 Total direct and indirect greenhouse gas emissions by weight 30 EN22 Total weight of waste by type and disposal method 36 EN26 Initiatives to mitigate environmental impacts of products and services, and extent of impact mitigation
ENVIRONMENTAL
Page Performance Indicators
28 HR1 Percentage and total number of significant investment agreements and contacts that include clauses incorporating human rights concerns, or that have undergone human rights screening
28 HR2 Percentage of significant suppliers, contractors and other business partners that have undergone human rights screening, and actions taken
33 HR3 Total hours of employee training on policies and procedures concerning aspects of human rights that are relevant to operations, including the percentage of employees trained
33 HR4 Total number of incidents of discrimination and corrective actions taken Page Performance Indicators
32 HR5 Operations and significant suppliers identified in which the right to exercise freedom of association and collective bargaining may be violated or at significant risk, and actions taken to support these rights
28 HR6 Operations and significant suppliers identified as having significant risk for incidents of child labor, and measures taken to contribute to the effective abolition of child labor 28 HR7 Operations and significant suppliers identified as having significant risk for incidents of forced or compulsory labor, and measures to contribute to the elimination of all forms of forced or compulsory labor
33 HR11 Number of grievances related to human rights filed, addressed and resolved through formal grievance mechanisms
HUMAN RIGHTS
Page Performance Indicators
32 LA1 Total workforce by employment type, employment contract, and region, broken down by gender
32 LA2 Total number and rate of new employee hires and employee hires and employee turnover by age group, gender, and region 32 LA15 Return to work and retention rates after parental leave, by gender Page Performance Indicators
32 LA4 Percentage of employees covered by collective bargaining agreements 33 LA7 Rates of injury, occupational disease, lost days, and absenteeism, and number of work related fatalities by region and by gender
LABOR PRACTICES & DECENT WORK
Page Performance Indicators
23, 36 PR1 Lifecycle stages in which health and safety impacts of products and services are assessed for improvement, and percentage of significant products and services subject to such procedures
PRODUCT RESPONSIBILITY
Page Performance Indicators
33 SO3 Percentage of employees trained in organization’s anti-corruption policies and procedures
15 SO4 Actions taken in response in incidents of corruption Page Performance Indicators
31 SO5 Public policy positions and participation in public policy development and lobbying
SOCIETY
Customer Concierge 800.824.2246 | millikenfloors.com
© 2017 Milliken & Company | Design © Milliken & Company | Made in the USA SM
Edition Three
THE INTERSECTION OF ETHICS AND TRANSPARENCY
Cover image: Misty summer mountain hills landscape, by Vovik_Mar. © 2017, Thinkstock.
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Encryption
Formwork
District LVT
MultiForm
Shift LVT
Moraine
MILLIKEN & COMPANY INC (GROUP)
United States of America | Manufacture of other textiles 2017 Average score
Overall score distribution Theme score comparison
Publication date: 18 Dec 2017 Valid until:
CSR Performance Insufficient Partial Moderate Advanced Outstanding EcoVadis Scorecard www.ecovadis.com
Significant operations in at least one riskcountry
18 Dec 2018
OVERALL SCORE
75 th
percentile
52/ 100
ENVIRONMENT
Weight
70 / 100
LABOR & HUMAN
RIGHTS
Weight
40 / 100
ETHICS
Weight
50 / 100
SUSTAINABLE
PROCUREMENT
Weight
40 / 100
3.4 54.65
40.14 1.81 0
MILLIKEN & COMPANY INC (GROUP)
52 Allcompanies assessed by EcoVadis in this industry
0%
100%
75%
50%
25%
0 25 45 65 85 100
ENVIRONMENT LABOR & HUMAN
RIGHTS
SUSTAINABLE
PROCUREMENT
ETHICS
MILLIKEN & COMPANY INC (GROUP)score
Allcompanies assessed by EcoVadis in this industry
20 40
60 80
100
Weight
Strengths and Improvement Areas
Environment
Strengths(21)
Policies
Strengths
Quantitative objectives set on some relevant issues [e.g. energyconsumption & GHGs, water, waste] Comprehensive policy on a majority of environmental issues Endorsement of external initiative on environmental issues [US Green Building Councilmembership] Actions
Strengths
RC14001 certified
LEED certified
Provision of eco-friendly or ethical products
Process optimization to reduce emissions of GHGs
Reduction of the use of petroleum-based rawmaterials
Company-specific information to customers on health & safetyissues associatedwith products/services Products designed for easyrecyclability
Use of renewable energies or purchase of green energy
Company-specific emergency preparedness & response procedure Work process or innovative technologies implemented to treat waste or facilitate clean disposal Companytakeback programs
Measures for handling hazardous substances
Official programfor offsetting of CO2 emissions
ISO14001 certified onmore than 81% of operationalsites
Results
Strengths
Reporting on direct CO2 emissions
CSR report follows GRI guidelines
Reporting on electricityconsumption
Reporting onwaterconsumption
Improvement Areas(8)
Weight
Policies
Priority Improvement Areas
Medium No supporting documentation or only basic policy on some relevant issues [i.e. product end-of-life,customer health & safety] Actions
Priority Improvement Areas
Low Nomonitoring of water recycling/reuse rate
Low Nomonitoring of air emissions (e.g. NOx, SOx)
Low Nomonitoring of percentage of products with an indoor air qualitylabel Low Declares measures onwatermanagement, but no supporting documentation available Results
Priority Improvement Areas
High Basic reporting on environmental issues
Low No information on fossil fuel energyconsumption [i.e. updated KPIs not provided] Low No information on the level ofcompliance with GRI guidelines Labor & Human Rights
Strengths(18)
Policies
Strengths
Standard policy on a majority of labor or human rights issues Health and safety policy also covers subcontractors working on the company premises Actions
Strengths
RC14001 certified
Whistleblower procedure on discrimination and harassment Awareness training regarding diversity, discrimination, and/or harassment Awareness training specific to fundamental human rights performed for relevant employees Officialmeasures to promote work-life balance
Employee health & safety detailed risk assessment
Company-wide promotion of employee initiatives regardingworking conditions Companyspecific health care programfor employees
Active preventive measures for noise exposure
Officialmeasures promoting careermobility
Provision ofskills development training
Setting of individualcareer plan for all employees
Training of relevant employees on health & safetyrisks and best working practices Results
Strengths
Reporting on the percentage of women in top executive positions Reporting on accident frequencyrate
CSR report follows GRI guidelines
Improvement Areas(12)
Policies
Priority Improvement Areas
Low No information on endorsement of external initiatives on labor and human rights issues Low No quantitative target on labor and human rights issues Actions
Priority Improvement Areas
High No supporting documentation on the coverage of labor and human rights actions throughout the company operations/workforce Medium Declares ISO45001/OHSAS 18001 certification butcertificate provided notvalid anymore Low Nomonitoring of average hours of training per employee Low Declares measures on structured social dialogue (e.g.collective agreement), but no supporting documentation available Low
Declares that workers' rights to join labor unions, workers'councils, or othercollective bargaining organizations are granted, but are restricted in compliance with applicable law
Low Does not declare special remuneration or time off for overtime workthroughout the entire scope of operations Results
Priority Improvement Areas
High Basic reporting on labor and human rights issues
Medium
Our 360°screening has identified at least one significantcontroversy, fine or penaltyregarding labor and human rights issues in the last five years (see news flaggedwith redwarning sign in the 360°section) [i.e.violations of U.S. OSHA health and safetystandards] Low No information on the level ofcompliance with GRI guidelines Weight
Low Reporting on severityrate notmeaningful
Ethics
Strengths(8)
Policies
Strengths
Policy on information security
Policies on corruption
Actions
Strengths
RC14001 certified
Whistleblower procedure to report ethics issues
Awareness training on ethics issues
Supporting documentation demonstrates a high level ofcoverage of ethics actions throughout the company operations Specific approval procedure forsensitive transactions (e.g. gifts, travel) Results
Strengths
CSR report follows GRI guidelines
Improvement Areas(6)
Policies
Priority Improvement Areas
Low No information on endorsement of external initiatives on ethics issues Actions
Priority Improvement Areas
Medium No supporting documentation regarding audits ofcontrol procedures on ethics issues Medium No supporting documentation regarding third-partycorruption due diligence procedures Low No supporting documentation regarding corruption risk analysis performed Results
Priority Improvement Areas
High No reporting on ethics issues
Low No information on the level ofcompliance with GRI guidelines Weight
11 April 2017
Safety Awards Honor Top Fleets, Drivers and
Technicians
http://www.sctrucking.org/news/safety-awards-honortop-fleets-drivers-and-technicians Thisyear,companies that entered the Truck
Safety Contest traveled over 191 millionmiles on
South Carolina’s highways during 2016, including
Milliken & Company.
23 November 2016
Six Brands of Dry Carpet Cleaning Powder
Recalled by Milliken Due to Risk of Exposure
to Bacteria
https://www.cpsc.gov/Recalls/2016/six-brands-of-drycarpet-cleaning-powder-recalled-by-milliken The drycarpetcleaning powder, manufactured
byMilliken & Company,can contain harmful
bacteria. Exposure to bacteria poses a risk of
respiratory and other infections in
immunocompromised individuals. Consumers
with healthyimmune systems are generally not
affected bythe bacteria.
23 August 2016
Proposed OSHA Penalty for Serious H&S
Standard Vioalations
http://www.osha.gov/pls/imis/establishment.inspection_detail? id=1172893.015
On August 23, 2016, Milliken & Company's facility
of Nicholls, GA, was proposed a $24,942 fine for
two seriousviolations of U.S. OSHA health and
safetystandard.
Sustainable Procurement
Strengths(4)
Policies
Strengths
Sustainable procurement policies on both supplier environmental and social practices Actions
Strengths
Supplier CSR code ofconduct in place
Integration of environmental,social and health & safetycriteria when purchasing products Regularsupplier assessment (e.g. questionnaire) on environmental orsocial practices Improvement Areas(5)
Actions
Priority Improvement Areas
High No supporting documentation on the coverage ofsustainable procurement actions throughout the companysupplier base/operations Medium Declares on-site audit ofsuppliers on environmental orsocial issues, but no supporting documentation available Low Declares training of buyers on social and environmental issues within the supplychain, but no supporting documentation available Low Declares conducting CSR risk analysis (i.e. prior to supplier assessments or audits), but no supporting documentation available Results
Priority Improvement Areas
High No reporting on sustainable procurement issues (e.g. percentage ofsuppliers evaluated) 360° Watch Findings
Labor & Human Rights No score impact
Environment No score impact
Labor & Human Rights Impacts score
1 October 2015
StJulien (Ardèche) : lessalariés deMilliken
exprimentleurinquiétude
http://france3-regions.francetvinfo.fr/rhone-alpes/stjulien-ardeche-les-salaries-de-milliken-expriment-leurinquietude-819703.html Un comité d'entreprise extraordinaire se tient
aujourd'hui à St Julien en St Alban chez Milliken,
une entreprise textile dont la pérennité semble
menacèe.Le personnel exprime son inquiétude
après la cession de la société "à une SARL
n'employant à ce jour aucun salarié".
12 February 2015
Milliken closing Greenville textile plant
http://www.washingtontimes.com/news/2015/feb/12/millikenclosing-greenville-textile-plant/ A Spartanburg textile companysays it willclose a
mill in Greenville that employees about 200
people.Multiple media outlets reported that
Milliken & Co.saidWednesdayit’s closing the
Judson Plant to consolidate operations in other
plants.
8 August 2013
HSE Improvement Notice Served against
Milliken Industrials Ltd
http://www.hse.gov.uk/notices/notices/Notice_details.asp? SF=CN&SV=304945907
In August 2013, an Improvement Notice was
served againstMilliken IndustrialsLtd bythe
Health and Safety Executive. A inspection audi
revealed the companyreportedlyfailed to take
effective measures to prevent access to
dangerous parts of the calendar take off line.
9 January 2013
Milliken's Keysto Employee Engagement,
Increased Workplace Safety and Productivity
http://ehstoday.com/safety/millikens-keys-employeeengagement-increased-workplace-safety-andproductivity A 2011 Gallup Poll of Americanworkers found 71
percent"not engaged" or"actively disengaged"
in their work. In starkcontrast to these findings,
Milliken & Co., including its Johnston plant, is
experiencing engagement levels at an all-time
high.
30 October 2017
No recordsfound forthiscompany on
Compliance Database
null
© Copyright EcoVadis 2018 - All rights reserved
Specificcomments
The companyis not included in anycompliance-relatedwatch lists orsanction lists.
No newdocument/information has been sent normade available since the last assessment.
The company demonstrates an advancedmanagementsystemon environmental issues.
Since the last assessment, the overallscore has decreased due to newcontroversies orcondemnations (see 360° watch findings).
Some supporting documents were considered too outdated to be included in this assessment.
No part of this document may be reproduced, modified or distributed in any form or manner without prior written permission from EcoVadis. Provided under contract for exclusive use by subscriber:
[email protected]||18 December 2017
Labor & Human Rights No score impact
Labor & Human Rights No score impact
Labor & Human Rights No score impact
Labor & Human Rights No score impact
No score impact
You are receiving this score/medal based on the disclosed information and news resources available to EcoVadis at the time of assessment. Should any information or circumstances change materially during the period of the scorecard/medal validity, EcoVadis reserves the right to place the business’ scorecard/medal on hold and, if considered appropriate, to re-assess and possibly issue a revised scorecard/medal.
San Diego Convention
Center
Recommended maintenance procedures for Milliken carpet.
Maintenance
BARRIER
MATS
This is not a shameless plug.
Yes, we’re doing a little bit
of cross-promotion here, but
the fact is — some type of
entry system is an important
component of good carpet
maintenance.
Barrier mats should be placed
at all entrance ways into the
facility. It’s also a good idea to
place mats in locations with a
transition from hard-surface
flooring to carpet. This will
help to prevent soil from being
tracked onto the carpet — it
will look better and last longer.
Mats should be vacuumed
daily and cleaned (or replaced)
frequently — depending on
weather and use.
VACUUMING
Proper vacuuming is an important part
of a total preventive maintenance program.
Ineffective equipment or procedures will
accelerate the appearance of wear by
allowing dirt and grit to penetrate the pile
surface. Accumulation can lead to indoor air
quality problems — especially the smaller
respirable particulates.
Suggested vacuuming frequencies:
HIGH TRAFFIC: Every full work day.
Entrances, exits, lobbies, food service
areas, main corridors, and elevators.
MEDIUM TRAFFIC: Every other work day.
All secondary corridors, conference rooms,
and private offices.
LOW TRAFFIC: Once a week. Minimal use
corridors, rarely used conference rooms, etc.
SPOT CLEANING
Spots and stains are one of the first
things people notice. In addition to regular
maintenance, it’s critical that spots and
stains be removed on a daily basis. In most
cases, daily spotting is the responsibility
of the janitorial or housekeeping staff.
Milliken recommends the use of a Capture®
Spot Kit for treating most spots. We do not
recommend using spotting agents containing
solvents — they can leave residue and
possibly damage the carpet.
REGULAR CLEANING
Regular cleaning of the carpet is required
to remove ground-in soil and soil that has
bonded to the fiber. We recommend hiring a
milliCare® Textile and Carpet Care specialist
for this purpose. Customers choosing not to
use milliCare should use hot water extraction
as an acceptable alternative.
The procedure should remove as much
detergent residue, soil and debris as possible.
After cleaning, the carpet should be allowed
to dry fully using blowers and fans.
Milliken recommends using only
cleaning products and hot water extraction
units which have received the Carpet
and Rug Institute Seal of Approval.
It makes a difference. You can find a list
of approved products and extractors at:
www.carpet-rug.org.
Basic Carpet Maintenance
CARPET CLEANING
Regular cleaning of the carpet is required to remove ground in soil and soil that is bonded to the fiber. To ensure the optimum performance and appearance retention, Milliken recommends using the MilliCare Dry Carpet Cleaning system to maintain your carpet.
MilliCare is both CRI Seal of Approval and Green Seal Certified and MilliCare is an IICRC Certified training provider. Service is available through a MilliCare Textile and Carpet Care® specialist; the nearest service provider can be located at: www.millicare.com.
PREVENTATIVE PROCEDURES
1. Barrier Mats—Barrier mats should be placed at all entrance ways into the facility and at locations were there is a transition from hard surface flooring onto the carpet if possible. This will help prevent soil from being tracked onto the carpet, improving its appearance and extending its life. Barrier mats should be vacuumed daily and cleaned or replaced frequently depending on the weather and use.
2. Vacuuming—Proper vacuuming is one of the most important parts of a total preventive maintenance program. Ineffective equipment or procedures will accelerate the appearance loss of the carpet by allowing dirt and grit to penetrate the pile surface. The accumulation of this soil, especially the smaller respirable particulates, can lead to Indoor Air Quality problems.
The janitorial / housekeeping staff is typically assigned the task of scheduled vacuuming. Vacuuming frequencies should be determined by four factors:
• Type of carpet installed and appearance expectations. • Type and quality of vacuum used.
• Expected traffic for each area of the facility.
• Soiling environment of each area of the facility.
A commercial upright vacuum with a beater brush is recommended for vacuuming of all carpet. Regular maintenance of vacuums is also essential. Vacuums should be emptied and inspected after every use. Particular attention should be paid to the condition of the brushes. Also, make sure that there is no material obstructing the air-flow channel.
Typical vacuuming frequencies are as follows:
• High traffic: Every full work day. All entrances, exits, lobbies, food service areas, main corridors, elevators, funnel and pivot points. The vacuum should make a minimum of three passes in all high traffic areas. • Medium traffic: Every other work day. All secondary corridors, conference rooms, private offices. • Low traffic: Once a week. Minimal use corridors, rarely used conference rooms and training rooms.
3. Spot Cleaning—Spots and stains are one of the biggest detriments to high appearance levels. In order to maintain a consistent appearance level between periodic maintenance, it's critical that spots and stains be removed on a daily basis. In most cases, daily spotting is the responsibility of the janitorial or housekeeping staff. Milliken recommends the use of a MilliCare® Spot Kit or Capture® Spot Kit for treating most spots, following these procedures:
• Remove as much excess material as possible prior to spot removal. Blot up liquids with a clean white terry cloth, vacuum up soil and gently scrap up encrusted material.
• Spray Capture Pre-mist onto a clean, white terry towel and work in gently. Do not scrub. Blot, absorbing as much of the spot into the towel as possible. Work from the outside edge of the spot into the center to prevent spreading. • Apply Capture dry carpet cleaner to the spot. Gently agitate with a brush. Wait 30 minutes, and vacuum.
NOTE: Milliken does not recommend using any spotting agents containing solvents as they can leave residue that contributes to resoiling and can possibly damage the carpet.
Maintenance
As early as 1900, Milliken documented its first recycling policy. We were reusing packaging and textile materials shortly thereafter, and our first investment in renewable energy came in 1912.
Continuing a Legacy
NO CARPET
TO LANDFILL
PLEDGE
Since 2002 WORLDWIDE
Milliken has reduced
its eco-footprint
50%
OVER 15
YEARS
Stewards
For over a century, Milliken has focused on innovations to eliminate waste, increase product performance, preserve resources and shorten the journey to sustainability.
1900 Milliken’s first recycling policy is documented
1912 Milliken’s first hydroelectric plant opens using renewable energy 1947 Milliken Research Corporation is established
1962 Milliken builds waste water treatment plants before regulatory agencies are established
1976 Milliken establishes a formal worldwide
environmental management system
1985 Milliken is verified as a carbon-negative
manufacturer
1986 Milliken introduces PVC-Free Carpet
in North America — removing 850
million tons from the production cycle
1993 Milliken becomes a founding
member of USGBC
1995 Milliken becomes a founding member of the
European Association of Environmentally Friendly Carpets 1997 Milliken achieves ISO 14001 certification at our European Carpet plant 1999 Milliken achieves ISO 14001 certification for all US manufacturing plants 2001 Milliken achieves the first BRE LCA profile for soft floor covering 2002 Milliken becomes a founding member of CARE, and adopts a “No Carpet to Landfill” policy
2005 Milliken becomes the first carpet manufacture to use methane from landfill 2008 Milliken becomes a founding member of Carpet Recycling, UK 2011 Milliken uses the industry’s first 100% Recycled Nylon 2013 Milliken publishes its first Environmental Product Declarations 2014 Milliken publishes its first product Transparency Labels through Living Building Challenge
2015 Milliken publishes its first Global Sustainability Report 2017 Milliken becomes a founding member of the Well Living Lab 2018 All Milliken modular carpet manufactured in North America is certified Red List Free, with third-party verification, by ILFI
A Few Environmental Highlights (so far)
Milliken is a
FOUNDING
MEMBER
of the U.S. Green
Building Council
Our approach to sustainability puts the focus on a product’s whole life, not just its end of life.
Our products deliver a multitude of benefits that begin at installation and continue to accumulate throughout a lifetime of use.
A Holistic Approach
2011, industry first:
100%
RECYCLED
NYLON
2018, All Milliken
modular carpet products
manufactured in North
America are Red List Free,
with third-party verification.
Past the First Glance
So often, conversations about sustainability begin
(and sometimes end) with “what happens to my carpet
when I’m done with it?” But that’s only the final chapter in a much larger story.
Milliken Headquarters in Spartanburg sits on 600 acres of beautifully manicured greenspace. It's one of the largest corporate greenspaces in the Southeast and a nationally recognized arboretum.
Any thoughtful approach to sustainability
involves a complex relationship between
many different factors: environmental, energy usage, health & wellness, ethics — the list goes on. Milliken has a long history of
environmentally responsible behavior. We
adhere to a holistic, balanced methodology
when making sustainability decisions about
our manufacturing processes and products.
AN ENVIRONMENTAL LEGACY
As early as 1900, Milliken documented
its first recycling policy. We were reusing
packaging and textile materials shortly
thereafter, and our first investment in
renewable energy came in 1912.
The Milliken family of companies maintains
130,000 acres of sustainably managed
forests, capturing carbon dioxide and
helping to offset emissions from our global
operations. We have a ‘no carpet to landfill’
pledge — our US carpet manufacturing
facilities have sent zero waste to landfills
since 1992. Every Milliken facility rigorously
follows a Reduce, Reuse, Recycle methodology.
TM
A Delos and Mayo Clinic collaboration
Living LLC. All Rights Reserved. – Confidential Information TM
Overview – May 2017
Milliken is a
FOUNDING
MEMBER
of the Well Living Lab.
The wide-ranging benefits of our carpet products fit into Milliken’s comprehensive approach to sustainability.
The Big Picture
IT BEGINS
WITH CUSHION
Unlike many manufacturers,
Milliken uses WellBAC™ cushion
backing for the majority of our carpet products. Cushion provides myriad health & wellness,
durability, performance, and
sustainability advantages
over hardback throughout the
carpet’s entire lifespan.
USE LESS, AND LESS OFTEN
It’s always best to use less, and less often.
Cushion, not fiber type, is the most
important factor affecting carpet durability.
Milliken cushion-backed carpet will last
40 to 50% longer than virtually any
hardback product.
KEEPING MOLD AWAY
Milliken cushion backing is the most
effective in the industry at managing
moisture, which is actively wicked away
from sub-floors, reducing conditions
attractive to mold and mildew.
HEALTH & WELLNESS
An independent study by the University of
Pittsburgh* revealed that cushion backing
decreases muscle strain by 24% for the
people who stand and walk on it, hour after
hour. Again: Life vs. end of life. People may
notice improvements in both comfort and
fatigue — and the cumulative benefit over
weeks and months can have an impact on
overall health.
Acoustically, Milliken cushioned carpet
is significantly quieter than hard floors or
hardback carpet. It helps to contain sound,
making spaces feel less frenetic, and
more intimate.
A Glimpse
into the Future
RE-VISION
We are innovators. When it comes
to sustainability, here’s what that
means: we built our own proprietary,
closed-loop, carpet tile reprocessing
system, on-site, at our manufacturing facility in Wigan, England. Once operations are at full capacity in the UK,
Milliken will expand the system to our
plants worldwide. It’s called Re-Vision.
Re-Vision uses a cutting-edge technology
called Pyrolysis that converts Milliken
and non-Milliken carpet tile into:
1) Post-consumer content suitable for
reuse in new carpet tile backing, and
2) Production energy used directly
on-site for the manufacture of new
carpet tile.
Pyrolysis-generated steam completely
offsets the natural gas usage that would
have been required to operate it. Based
on data from the pilot plant we are currently running, all the usable material Milliken is recovering from discarded
carpet is produced with no net CO2
emissions.
We are manufacturing new carpet
tile — powered partially by energy
we recover on-site — using recycled
raw material we reprocess ourselves,
also on-site.
Re-Vision: Milliken’s next step toward a
sustainable future.
Milliken proactively seeks alternative sources of sustainable raw materials. We document suppliers’ use of recycled materials, their consumption of renewable energy and any chemicals of concern, as part of our strict supplier approval process.
Transparency
CONTENT: NOHIDING
Here’s what we think:
People should easily be able to
find out if there’s any bad stuff
in the products they’re buying.
That’s why we strongly support
transparency. It’s literally as
simple as that.
Based on the WELL Building Standard,
90% of a company’s total budget is tied
up in people-related expenses. An office
filled with healthy, happy people is a
more pleasant workplace, and a more
productive one.
Our commitment to transparency is one
way Milliken can help lead the way toward
building healthier workplaces. That’s why
we’ve been such active participants in
the International Living Future Institute’s
Declare® program — voluntary labeling
designed to fully disclose the ingredients
in a manufacturer’s products. ILFI is also
the umbrella organization responsible for
the Red List — the worst-in-class materials
prevalent in the building industry.
A REALMILESTONE
Milliken is proud to announcethat
as of January 1, 2018:
All Milliken modular carpet
products manufactured in
North America are Red List Free,
with third-party verification.
If that seems ho-hum in any way, ask another
carpet manufacturer how many of their
products are. We are the single company
who manufacture only Red List Free modular
carpet throughout North America.
Milliken TransparencyCommitments
ILFI’s Declare®, a voluntary labeling program
disclosing the ingredients of ourfloor coverings
Living BuildingChallengeTM
Red List Free, Third-PartyVerified
Environmental Product Declarations,UL®
sustainabilityreportingontheenvironmental
impact of goods and services and IBU
Environmental Impact ProductReports
Multi-Attribute Sustainable Certifications,
NSF-140 Gold and Platinum, BREEAM Life
Cycle Analysis Greenguide rating,Singapore
Green Labeling Scheme (SGLS),Australia
CarpetCertificationScheme(ACCS-ECSlevel4)
CRI Green Label Plus, a distinction awarded
to products emitting very low levels ofVOCs,
meeting CA Department of Public Health
Section 01350specifications
ISO14001 and ISO9001Certifications
Health Product Declaration®(HPDs)
published to Google’sPortico
Former long-time CEO Roger Milliken Sr. created the Noble Tree Foundation to promote education about trees and the importance of planting "noble trees" for sustainable development.
3 rd PartyVerified, RedList Free
Red List Free Cushion Backing
• Milliken’s PVC free Carpet Tiles meet the stringent criteria for Red List Free as designated by the Living BuildingChallenge.
• Milliken Red List Free Declare Labels have been 3rd Party Verified for accuracy, the first product to receive this designation in the industry; going beyond LEED v4 requirements. • All Milliken Suppliers have disclosed the ingredients for our raw materials to 100 Parts Per Million (PPM) • All ingredients screened against the Living Building Challenge “Red List”, Cradle to Cradle Banned List, and Greenscreen List Translator.
The WELL Building Standard stresses the following points:
90% amount of time we spend indoors, on average
90% average percentage of a company’s total operating cost spent on people 70% portion of our overall health we can attribute to our physical and social environments
The spaces we create are important. Because we spend so much time in them. Because they have a real effect on our well-being. And because it makes economic sense for us to create spaces that are great.
At Milliken, we try to make products that perform well for people, by designing all kinds of intrinsic benefits directly into them. We join 18 other building science and medical research leaders in coming together to creating healthier spaces in which we live and work. We will contribute to the work by:
• Applying material transparency and selection knowledge gleaned from the floor covering industry.
Diving into the material make-up of Milliken flooring products allowed for the company to better understand – and ultimately, make more informed decisions about – sourcing materials for responsible product development. • Advocating for safety and wellness principles, which Milliken has a legacy of developing and implementing. • Serving as a resource in health, wellness and environmental matters extending beyond the built environment.
Milliken Joins Well Living Lab
INDOOR
HEALTH
BEGINS
HERE.
The WELL Building Standard
WELL Living Lab
Milliken is proud to be an Alliance Founding Member of the WELL living Lab. Our goal is to partner with the Lab to generate new knowledge and interact with Lab experts from a wide range of scientific, medical and technical backgrounds to help inform future iterations of the WELL Building Standard and to help us optimize our products to maximize their impact on health and wellbeing in the built environment.
WELL Building Standard
Milliken is actively pursuing WELL Certification on our showrooms and offices. Our Chicago Showroom was certified with WELL Platinum in 2018:
1. First WELL Certified™ space in the Chicago Merchandise Mart
2. First WELL Certified™ Platinum space in Chicago
3. 100th WELL Certified™ Project Globally
4. Currently certifying San Francisco Showroom with WELL Version 2
5. WELL Portfolio Signature – 16+ Properties registered for WELL v2 Milliken Capabilities
Site-Related Solutions
• Milliken modular carpet is non-reactive and contains to PVC or plasticizers. This greatly simplifies floor prep and eliminates the need of old adhesive removal. • No chemical incompatibility exists between Milliken modular carpet and any existing floorcovering adhesive, including “cutback”, asphalt emulsion, general purpose adhesive, and epoxy.
• Milliken does not require moisture testing prior to installation in almost every situation. There are no RH or pH limits.
• Milliken’s cushion backing allows moisture and water vapor to evaporate through its open-cell polyurethane so the formation of liquid water is almost impossible. • Installation of Milliken modular carpet can begin in as quickly as 90 days after the concrete pour is complete and only 30 days with Milliken Moisture Extreme Spray adhesive.
Product Benefits
• Cushion-backed carpet provides 40-50% more noise absorption versus hard-back products. • Milliken attached cushion backing will add 40% to the life of the carpet tile compared to hard-back carpet tiles. This is due to the absorption of foot traffic which reduces pile crush significantly.
• A research study conducted at the University of Pittsburgh shows that Milliken attached cushion decreases muscle strain while standing by up to 24% versus competitor products. • Milliken carpet tile comes standard with StainSmart (proprietary stain resist) and AlphaSan (proprietary anti-microbial). As the world’s largest privately held textile and chemical company, we have the advantage of inventing our own chemical solutions to create “smart fabrics” which perform at a higher level.
• Milliken carpet tiles have the option of a system which does not require traditional carpet tile adhesive (TractionBack).
• Most of Milliken carpet tiles have 6,6 nylon vs. 6 nylon. • Milliken has a unique Digital Dye Infusion technology and offers customization on products.
Sustainability
• All Milliken Carpet tile is fully recyclable and most has significant recycled content in the finished product.
• Milliken is a founding member of the WELL Living Lab along with CBRE, IBM, Panasonic, StructureOne, HKS, Arup, IFF, KETRA, Hines, Lendlease, Sino-Ocean, View, Essentia, and HOK.
Milliken Capabilities
• The WELL Living Lab evaluates relative impacts on people in office environments as it relates to acoustics, temperature, humidity, filtration, ventilation, physical activity at work, fatigue, sit-stand, nutrition at work, connection to nature, human proximity, and light. • Milliken is actively pursuing WELL certification on our showrooms and offices.
Government Expertise
• Milliken has experience working with state, local, and federal agencies, as well as the military and GSA – including preferred price schedules and procurement. • We have state, local, and federal contracts currently in place. Each one is specifically tailored to meet the needs of government at the federal, state or local level, non-profits, municipalities, plus K-12 as well as higher education systems.
Warranties
• Milliken has 15 Lifetime product warranties.
• Milliken attached cushion comes with a Lifetime warranty against mold and mildew forming under the carpet tile leading to inferior indoor air quality. This is due to the “breathability” of the attached cushion.
References for Public Spaces
Oakland International Airport – Oakland, California
Yardage: 12,000
Installed: 2010
Product: Ghost Artist
Contact Information:
Eddie Vallsenor, Facilities
[email protected]
(510) 563-3925
Calgary International Airport – Calgary, Alberta
Yardage: 10,000
Installed: 1997
Product: Custom Midnight Sparkle
Contact Information:
Lori Borgo, Facilities Manager
[email protected]
(403) 735-1365
References for Public Spaces
Baltimore-Washington International Airport – Baltimore, Maryland Dubai International Airport – Dubai, United Arab Emirates Yardage: 16,000
Installed: 2006-2013
Product: Custom Colorweave
Contact Information:
Madhuri Subramaniam
[email protected]
(410) 859-7120
Yardage: 51,800
Installed: 2011
Product: Custom Colorweave
Contact Information:
Sebastian Anthony
Sebastian.Anthony@dubaiairpo
rts.ae
(971) 4 216 1258
References for Public Spaces
International Airport Ministro Pistarini – Buenos Aires, Argentina Yardage: 2,000
Installed: 2013
Product: Talkative Rain
Contact Information:
Mr. Gerardo Pucciarello
[email protected]
Yardage: 2,000
Product: Monuments & Shrines
Installed: 2015
Contact Information:
Kevin Howell, VP/COO
[email protected]
(864) 848-6269
Greenville-Spartanburg International Airport – Greenville, South Carolina References for Public Spaces
Product: OBEX
Installed: Various Installations
Contact Information:
Rod Ozust, Executive Director
[email protected]
404-530-2107
Hartsfield-Jackson Atlanta International Airport – Atlanta, Georgia Before After
Minneapolis Convention Center – Minneapolis, Minnesota
Yardage: 26,000
Product: Custom
Contact Information:
Randy Rasmussen, Facilities
randy.Rasmussen@minneapol
ismn.gov
(612) 335-6247
References for Public Spaces
Minneapolis Convention Center – Minneapolis, Minnesota
References for Public Spaces
Minneapolis Convention Center – Minneapolis, Minnesota
Yardage: 10,000
Product: Remix Bebop
Installed: 2006
Contact Information:
Jim Ibister, General Manager
[email protected]
(651) 265-4801
References for Public Spaces
New Orleans Convention Center – New Orleans, Louisiana
Yardage: 70,000 SF
Installed: 2007
Product: Grand Plaza Custom
Tile
Contact Information:
David Mason, Dir. of
Construction
[email protected]
(504) 582-3041
Tulsa Convention Center – Tulsa, Oklahoma
Product: Monuments & Shrines
Installed: 2011
Contact Information:
John Dodd, Director of
Operations
[email protected]
(918) 810-2447
Design Intent
Thank you for the opportunity to participate in this evaluation process. Along with color samples and renderings, we wanted to give you a brief summary of how we might complete the aesthetic requirements for this great project.
The floor planes themselves are quite long and there are also light shifts and shadows created by the natural light coming from the large glass windows as well as the existing light sources. In addition, there are some tricky transitional areas at the end of long corridors. LMN’s creative concept solves these challenges by moving pattern from one value to another (or possibly shifting scale) to maintain the dynamic of the space.
We are presenting our product Textured Sky in pattern Cloud Canopy to demonstrate the ability to move pattern from a dark value to a light one. The color Thermal gives a more dramatic shift but that can be softened. We also chose Cloud Canopy to represent a more organic, less linear pattern. The standard samples come as a skinny plank however, the larger plank would be available as that scale seems more appropriate for the space. Our renderings show the larger plank in Ashlar installations.
In addition, these products are available in a more economical version with minimum color shift should we need to meet a lower price point.
We look forward to the opportunity to develop a final design and color direction, which not only captures the aesthetic intent but meets all the performance requirements needed for such an important space. ®
SAN DIEGO CONVENTION
CENTER
Color Field
DR#: 01022223 Sorrel
DR#: 01021464 Granite Moss
DR#: 01022222 Barnwood
®
SAN DIEGO CONVENTION
CENTER
Color Field
DR#: 01022223 Sorrel
DR#: 01021464 Granite Moss
DR#: 01022222 Barnwood
®
SAN DIEGO CONVENTION
CENTER
Color Field
DR#: 01022223 Sorrel
DR#: 01021464 Granite Moss
DR#: 01022222 Barnwood
®
SAN DIEGO CONVENTION
CENTER
Textured Sky - Cloud Canopy
CLD208-59-27 Thermal
CLD208-59-122 Solar
CLD208-211-27 Dawn
®
SAN DIEGO CONVENTION
CENTER
Textured Sky - Cloud Canopy
CLD208-59-27 Thermal
CLD208-59-122 Solar
CLD208-211-27 Dawn
®
SAN DIEGO CONVENTION
CENTER
Textured Sky - Cloud Canopy
CLD208-59-27 Thermal
CLD208-59-122 Solar
CLD208-211-27 Dawn
ENVIRONMENTAL POLICY
Milliken & Company is committed to operating our plants and facilities in complete compliance with all applicable environmental regulations and other requirements and to operate in a manner that protects the quality of our environment and the health and safety of our associates and the public.
We are committed to strive for a goal of zero waste generation to all media - land, air, water - to be achieved by continual improvement in all of our operations. This goal will guide the conduct of our manufacturing operations, the development of new products, and our interaction with our suppliers and customers. Recycling of materials is an integral part of this on-going effort.
We are committed to encouraging our families, our associates and our communities, through education and leadership, to conserve our natural resources and protect the environment in our daily lives.
We reaffirm our commitment to work with local, state and federal authorities to develop effective environmental solutions that meet tests of practicality and feasibility.
Milliken Services, LLC
Customer Proposal
OMNIA PARTNERS Contract - 2020002150
DIR Number:
Proposal Date: MQ Number:
Project Name: Milliken Sales Rep:
City, State, Zip: Primary Phone:
Project Number: Email:
Seller (company): Project Manager:
Address: Primary Phone:
City, State, Zip: Email:
Customer (company): Contact Person:
Address: Primary Phone:
City, State, Zip: Email:
Bill To (company): Contact Person:
Address: Primary Phone:
City, State, Zip: Email:
Item Qty
Unit of
Measure Unit Price Total
SY 28.99 827.632 $ 23,993.05 $
4-gal. pail 129.94 6.000 $ 779.64 $
SY 3.50 780.000 $ 2,730.00 $
SF 1.00 7,000.000 $ 7,000.00 $
SY 9.00 780.000 $ 7,020.00 $
SY 9.00 780.000 $ 7,020.00 $
LF 2.75 1,600.000 $ 4,400.00 $
LF 3.00 81.000 $ 243.00 $
SY 5.00 780.000 $ 3,900.00 $
SY 0.35 827.632 $ 289.67 $
Each 3,968.52 1.000 $ 3,968.52 $
TOTAL 61,343.88 $
Special Conditions:
Cove base is packaged by the carton with 100 LF per carton therefore must purchase full carton quantity.
Labor: Remove Existing Carpet
Prices are subject to change based on price increases or modifications if they fall during this timeframe.
PW-LR-1000561459
If there is a change in materials or scope of work, a new proposal must be issued by Milliken Services, LLC.
Any revisions made to this proposal will invalidate the proposal.
Sales Tax
Labor Stairs
Project Management Fee
Standard Carpet Tile Adhesive (order by pail)
CA Carpet Stewardship Assessment
Floor Prep
Labor: Move Furniture (Medium)
Labor: Install Carpet (renovation)
12636 Emmens Way
Santa Fe Springs, CA 90670
City of Santa Fe Springs
Santa Fe Springs, CA 90670-3110
11576 Telegraph Road
Cove Base: Furnish & Install 4"
Labor: Nights & Weekend Upcharge
This proposal is valid for 30 days from the "Proposal Date" posted at the top of this form.
OMNIA Member #: 2244006
1021000921
Nordic Stories - Tectonic - TTC79-133 Dark Dansk 50cm
Santa Fe Springs Police Service Ctr Stephany Boyd
201 W. Lukken Industrial Drive
Milliken Services, LLC
P-0000177249
Santa Fe Springs, CA 90670-3110
[email protected]
Santa Fe Springs Police Service Ctr
LaGrange, GA 30240
3/1/2022
562-409-1850 x3334
Lindsay Inman
562-972-8702
[email protected]
Megan Rader
[email protected]
706-880-3067
Notes:
Seller's Representative
Signature: Date:
Printed Name: Title:
Customer's Representative
Signature: Date:
Printed Name: Title:
4) Site Conditions: Area must be enclosed, a minimum of 65 degrees, and HVAC running for 72 hours prior to install. Area must be clear of equipment and materials from other trades. Subfloor must be structurally sound and suitable for specified flooring.
Scheduling delays and site unprepared may result in additional costs. 2) Pricing for installation is subject to change based upon flooring conditions and preparation requirements. Refer to Special Conditions above (if applicable) for more information.
8) Material prices include freight. Rates do not include special freight services unless specified in quote above. 6) Taxes will be applied unless appropriate tax exempt documentation is received by the customer prior to invoicing. 3/1/2022
Sign and return one copy of this agreement before any work begins. Keep one copy for your records. 1) This quotation is based on preliminary drawings. If actual yardage requirements are different, the price may change. 7) Materials are billed separate from installation, subject to POD at ship-to.
Milliken's contracted terms and conditions with OMNIA Partners.
All orders placed under Milliken's OMNIA Partners Contract are subject to 3) Unless stated otherwise in proposal, the following exclusions apply: Major floor prep and leveling; Hoisting; Handling electronic equipment (including but not limited to computers, telephones, and personal belongings); Permits, Payment and performance bonds; Floor and equipment protection; Long-term storage of materials; and asbestos identification, testing, and abatement. If materials are suspected to contain asbestos during work, all work will immediately stop and it is the sole responsibility of the customer to conduct testing and abatement.
Megan Rader
706-880-3067
Megan Rader
[email protected]
and a tax exempt certificate should be emailed to:
Signed proposal, a copy of your purchase order,
201 Lukken Industrial Drive, West
LaGrange, Georgia 30240
If mailing, please send to:
Milliken Services, LLC
5) Installation schedule to be agreed upon by the customer and Milliken. Disruptions or unplanned changes in owner's schedule may result in additional costs.
Megan Rader Project Manager
ALL PURCHASE ORDERS MUST BE MADE OUT TO: Milliken Services, LLC City Council Meeting April 5, 2022
Report Submitted By: Paul Martinez Date of Report: March 30, 2022 Finance Department
City of Santa Fe Springs
NEW BUSINESS
Authorize the Purchase of One (1) Cut-Away Bus by Piggybacking off the California Association for Coordinated Transportation (CALACT) Morongo Basin Transit Authority (MBTA) Vehicle Purchasing Cooperative Contract No. 20-01 AZ
BACKGROUND
CALACT www.calact.org is a statewide, non-profit organization that has represented the interests of small, rural, and specialized transportation service providers since 1984. Membership which Santa Fe Springs is a part of is comprised of agencies from diverse facets of transportation, including operators of small and large transportation systems. CALACT initiated the CALACT/MBTA purchasing cooperative in 2009 and provides a Federal and State of California compliant purchasing solution. Since its inception, the cooperative has procured nearly 10,000 vehicles using the aggregate purchasing power of its member agencies to reduce the cost of transit vehicles. MBTA solicited Request for Proposals under CALACT for the vehicle we propose to purchase and awarded the contract to A-Z Bus Sales, Inc.
Replacement vehicles are budgeted annually to replace those that have reached the end of their mileage and/or service-use life cycle. In the Fiscal Year 2021-22 Budget City Council approved the replacement of unit #672, a 2008 Chevrolet El Dorado 22 passenger bus with 143,257 miles.
This unit will be replaced with one (1) New Ford E-450 Glaval Type B Cut-Away Bus.
The new bus will include a 12/2 seating configuration, which is twelve (12) standard seats and two (2) rear loading wheelchair tie downs. The specifications for the replacement bus include up-fit items that are purchased and installed aftermarket including exterior City graphics, tinted windows, and the installation of tablet mounts used for Driver Mate software. This vehicle is used by the Public Works Department in the Transportation Services Division.
FISCAL IMPACT
The City Council approved in the Fiscal Year 2021/22 Budget, $120,000 for the purchase of the above vehicle. The total for this purchase is $97,749.26. The city will realize a savings of $22,250.74 from the budgeted amount. Moreover, this bus is fully funded by the Proposition C fund. The additional up-fit costs are covered by separate budgeted funds for this purpose. The quoted amounts include all taxes, fees, and delivery.
RECOMMENDATION
Authorize the purchase of (1) New Ford E-450 Cut-Away Bus from A-Z Bus Sales by piggybacking off of CALACT/MBTA cooperative contract No. 20-01 AZ
Authorize the Director of Purchasing to issue a purchase order in the amount of $97,749.26.
ITEM NO. 11
City Council Meeting April 5, 2022
Report Submitted By: Paul Martinez Date of Report: March 30, 2022 Finance Department
City of Santa Fe Springs
Raymond R. Cruz
City Manager
Attachment
1. A-Z Bus Sales/CalAct Quote
2. Seating Specification
3. MBTA Contract
MBTA CalACT Cooperative RFP 20-01
Quote Date 3/8/2021
11710 Telegraph Road County: Expires 4/28/2022
Santa Fe Springs Zip Code: 90670
Edward Andrade Office Phone: DSI Account:
Cell Phone: 562-204-7846 Fax Number
Cole Crockett Type B Ford E-450
QTY Contract Price
GLAVAL BUS, TYPE B, FORD GASOLINE GLAVAL UNIVERSAL
1 Glaval 81,634.00
1 Sub-Total Base Unit
PUBLISHED OPTIONS
1 Spare tire (loose, full size, identical to supplied tires) Inc 1 Locking rear door w/alarm 476.00 476.00
1 Addl Batt 2 Battery
1 Braun NCL 1000 (1k lbs capacity lift) 950.00 950.00
1 Liquid Springs Rear Suspension Upgrade 9,833.00 9,833.00 1 Back up Camera in Rear View Mirror - Now Standard - - 1 Ad Rails 250.00 250.00
1 Inc 300.00 300.00
. Sub-Total Published Options 11,809.00
NON PUBLISHED OPTIONS
1 1,750.00 1,750.00
8 285.00 2,280.00
1 1,880.50 1,880.50
2,725.00 -
1 2,500.00 2,500.00
1 495.00 495.00
1 Sub-Total Non-Published Options 8,905.50
SUMMARY
SPECIFICATION SUMMARY
1 Model Year 2021/2022 Make: Ford Wheelchair Lift Model: Braun 1,000# 1 Type: B Chassis: E-450 Wheelchair Lift Location Rear
1 Passenger Capacity: 12+2 Wheelbase: 158" Number of Tie Downs: 2 1 Seat Fabric: Docket 90 Engine: 7.3L V-8 Gas Alternator: 225 Amp OEM 1 Air Conditioning System: Trans Air GVWR: 14,500 Tie Down Type Q'Straint 1 Exterior Color/Graphics: White only Body Length: 22' Estimated Delivery: 240 Days ARO Driver's Overhead Storage Covered in Magnetic Sheet
Decals by Design Simple Graphics Package ($2,500 Value) Simple Lettering on Sides, Back, and Front Cap Alcoa Rims, Valves, and Balancing (May Need Lug Nuts and Center Caps TBD) Bonded Windows
PPE Wabasto Air Filtration System
PPE Top-of-the-Line Driver's Barrier
12 Passengers Plus 2 Wheelchairs
Customer: City of Santa Fe Springs
Address:
City
Chassis, 2021, E-450, 158", 7.3L V-8
Vinyl Lift Pad Cover
Contact:
Email Address:
Sales Representative
Option Description
Gas - Cut-Away Chassis
MBTA CalACT Cooperative RFP 20-01
Quote Date 3/8/2021
11710 Telegraph Road County: Expires 4/28/2022
Santa Fe Springs Zip Code: 90670
Edward Andrade Office Phone: DSI Account:
Cell Phone: 562-204-7846 Fax Number
Cole Crockett Type B Ford E-450
QTY Contract Price
12 Passengers Plus 2 Wheelchairs
Customer: City of Santa Fe Springs
Address:
City
Contact:
Email Address:
Sales Representative
Option Description
SUMMARY STANDARD BID FEATURES & EQUIPMENT
1 Aluminized Steel Cage Costruction Fully Insulated Body Assembly Process 1 Aluminized Exterior Skins - Pressure Laminated Body Construction ALL LED Exterior Lighting 1 One Piece FRP Roof Assembly Vinyl Clad Interior
1 36" Electric Entry Door Number, function, and color coded wiring 1 Ergonomic Driver Control Panel with Quick Disconnect Braun Century W/C Lift located in the rear 1 Driver Side Running Board Side Mounted Battery on Slide Out Tray w/High Amp Circuit Breakers 1 Remote control & heated Exterior Mirrors 96" Body Width 1 Standard 2-Step Entry with 12" First Step Height Seating: Doc 90 upholstery, Grab Handles, USR's, aisle arm rests 1 Dual Entry Grab Rails ISO 9001:2008 Quality Manufacturing Process 1 5/8" Marine Plywood Subfloor, with Galvanized Steel Sub-structure Ford QVM Certified Manufacturer 1 Integrated Track Seating System Back Up Alarm, Anti-ride Rear Bumper 1 Daytime Running Lights Front Mud Flaps
1 5 YEAR / 100,000 Mile Limited Body Warranty Altoona 7 Year/200,000 Mile Tested 1 . Stanchion and Modesty Panel Behind Driver, with Plexiglass 1 . Meets All Applicable FMVSS Requirements in Effect at time of Manufacture 1 Note: Optional Equipment below may supercede or replace standard equipment.
CONTRACT PRICING SUMMARY
1 Base Unit as Specified 70,199.00
1 Published Options 11,809.00
1 Non-Published Options 8,905.50
1 Sub-total per Unit 90,913.50
1 ADA Portion that is non taxable 39,513.00
1 Taxable 51,400.50
1 Sales Tax 5,397.05 10.50% Santa Fe Springs
1 Tire Recycle Fee (12.5 per tire) 75.00
1 CalACT MBTA fee of 1.5% of subtotal 1,363.70
1 Delivery (first 100 miles free)
1 Grand Total, Each 97,749.26
1 Qty 1
1 Grand Total 97,749.26 $
Signature Signature Date
Print Name
COMPANY/AGENCY
Print Name
City Council Meeting April 5, 2022
Report Submitted By: Maricela Balderas/Gus Hernandez Date of Report: March 30, 2022 Community Services Department
City of Santa Fe Springs
NEW BUSINESS
Adoption of Resolution No. 9773 Dissolving the Sister City Advisory Committee
BACKGROUND
At its February 13, 2020 regular meeting, the City Council adopted Resolution No. 9661, affirming certain existing advisory committees, including the Sister City Advisory Committee, establishing a new beautification and historical advisory committee (now called the Historical & Community Preservation Committee), and setting rules for advisory committees. The Sister City Advisory Committee also exists as a separate Sister City non-profit organization, recognized by the IRS (EIN # 91-2053356). The organization has its own articles of incorporation and bylaws.
The purpose of the Sister City Advisory Committee, as set forth in Resolution No. 9661, is to plan and conduct projects which will foster mutual understanding and goodwill between the citizenry of the City and the citizenry of any foreign city duly designated by the City Council as a “Sister City” of the City. This advisory body meets monthly, except in December, on the first Monday of the month. The current Sister cities recognized are Navojoa, Sonora, Mexico, and Tirschenreuth, Bavaria, Germany.
Staff regularly evaluates programs, services and operations to maximize effectiveness and efficiency. In staff’s evaluation of the Sister City Advisory Committee, staff is recommending to provide the Sister City organization complete autonomy by dissolving the advisory committee designation and allowing the organization to operate exclusively as a 501(c)(3) non-profit organization. As such, the Sister City organization will be its own entity, and free to establish its own meeting dates, times, events, agendas, and organizational priorities. By operating exclusively as a 501(c)(3), the Sister City organization will be aligned similar to other non-profit organizations in Santa Fe Springs that the City supports. Such organizations include, but are not limited to, Metropolitan Little League, Santa Fe Springs Women’s Club, Norwalk/Santa Fe Springs Saints, Boy Scouts and Girl Scouts.
If the resolution is approved, staff will continue to support the Sister City organization by continuing to partner with the organization for events, such as Fiestas Patrias and the Easter Egg-stravaganza (pancake breakfast), if desired by the City Council and the Sister City organization. Staff is recommending to continue to allow the organization to use City facilities to conduct its board meetings, at no cost, provided that all City Facility Fee Waiver policies are followed. Additionally, staff is
RECOMMENDATION
• Adopt Resolution No. 9773 dissolving the Sister City Advisory Committee.
ITEM NO. 12
City Council Meeting April 5, 2022
Report Submitted By: Maricela Balderas/Gus Hernandez Date of Report: March 30, 2022 Community Services Department
City of Santa Fe Springs
recommending that the City continue its relationship with Sister Cities International, and pay the associated membership dues.
Staff conducted an informal survey of surrounding cities, and their relationship with their Sister City organization. The results of that survey are as follows:
City Relationship
City of Cerritos No formal organization
City of Downey Non-profit organization; operate independently from City City of Garden Grove Non-profit organization; operate independently from City City of La Habra No longer active; committee disbanded 10+ years ago City of La Mirada Independent organization; operate independently from City
City of Lakewood No formal organization; all Sister City operations are handled out of the City Manager’s Office
City of Montebello Non-profit organization; operate independently from City City of Pico Rivera Non-profit organization; operate independently from City City of South Gate Independent organization; inactive for many years City of West Covina Independent organization; operate independently from City
City of Whittier Advisory Committee; meets two times per year; currently undergoing restructuring and will be combined with
another advisory committee
Allowing the Sister City organization to operate exclusively as an independent and autonomous non-profit organization aligns with the best practices of surrounding cities.
Fiscal Impact
There is no fiscal impact associated with this resolution. The City will continue to cover the cost of membership for Sister Cities International at a rate determined by Sister Cities International. In fiscal year 2020-21, the fee was $450.
Raymond R. Cruz
City Manager
Attachment:
1. Resolution No. 9773
APPROVED:
ITEM NO.:
RESOLUTION NO. 9773
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS
DISSOLVING THE SISTER CITIES ADVISORY COMMITTEE AND EXPRESSING
APPRECIATION TO ITS MEMBERS
WHEREAS, on February 13, 2020 regular meeting, the City Council adopted Resolution No. 9661, affirming certain existing advisory committees, including the Sister City Advisory Committee; and
WHEREAS, the Sister City Advisory Committee also exists as a separate legal entity, and the City desires to dissolve the Sister City Advisory Committee and allow the organization to operate exclusively as a 501(c)(3) non-profit organization; and WHEREAS, the City shall continue its membership with Sister Cities International and shall pay associated membership dues; and
WHEREAS, the City will continue to support and partner with the Sister City non-profit organization, including allowing the organization to use City facilities to hold its board meetings provided that all City Facility Fee Waiver and Facility policies are followed; and WHEREAS, the City Council desires to express its appreciation for the service of the members of the Sister City Advisory Committee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
1. The Sister City Advisory Committee is hereby dissolved.
2. The City shall continue its membership with Sister Cities International and shall pay associated membership dues.
3. The Sister City non-profit organization may continue to use City facilities to hold its board meetings provided that all City Facility Fee Waiver and Facility policies are followed
4. The City Council hereby expresses its appreciation to the members of the Sister City Advisory Committee for their generous donation of time and their service to the City.
APPROVED and ADOPTED this 5
th day of April, 2022 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Annette Rodriguez, Mayor
_________________________
Janet Martinez, CMC, City Clerk
City Council Meeting April 5, 2022
Report Submitted By: Janet Martinez, Date of Report: March 30, 2022 City Clerk
City of Santa Fe Springs
PRESENTATION
Proclaiming the Month of April 2022, as DMV/Donate Life Month in Santa Fe Springs
BACKGROUND
In recognition of National Donate Life Month, the California Organ and Tissue Donor Registry encourages others to become organ and tissue donors, by registering online, or when they apply for, or renew, their driver’s license or I.D. card. More than 106,000 individuals nationwide and more than 20,000 Californians are currently on the national organ transplant waiting list. In addition to there being a need for organs and tissue donors, the nation is also in urgent need of blood and marrow donors.
The Mayor may call on the City Clerk to read the proclamation declaring April 2022 as “DMV/Donate Life Month” in Santa Fe Springs.
Raymond R. Cruz
City Manager
Attachment:
1. Letter & Proclamation – DMV/Donate Life California Month
RECOMMENDATION
Call upon the City Clerk to read the proclamation. The Mayor will present the proclamation to Ruth Covington, OneLegacy Ambassador.
ITEM NO. 13A
DMV/Donate Life Month Proclamation
City of Santa Fe Springs_
April 2022
WHEREAS, organ, eye, tissue, marrow and blood donation are life-giving acts recognized worldwide as expressions of compassion to those in need; WHEREAS, more than 106,000 individuals nationwide and more than 20,000 in California are currently on the national organ transplant waiting list, and on average, 17 people die each day while waiting; WHEREAS, the need for donated organs is especially urgent in Hispanic, Latino, and African American communities;
WHEREAS, a single individual’s donation of the heart, lungs, liver, kidneys, pancreas and small intestine can save up to eight lives; WHEREAS, donation of tissue can save and heal the lives of more than 75 others; WHEREAS, organ donors saved more than 40,000 lives last year, the most ever; WHEREAS, any person can register to be an organ, eye and tissue donor regardless of age or medical conditions;
WHEREAS, being a registered donor does not impact the quality of life-saving medical care a person receives in an emergency;
WHEREAS, California residents can sign up with the Donate Life California Donor Registry online at any time by visiting www.donateLIFEcalifornia.org or, for Spanish-speakers, www.doneVIDAcalifornia.org WHEREAS, California residents can sign up to be an organ, eye and tissue donor when applying for or renewing their driver’s licenses or ID cards at the California Department of Motor Vehicles; WHEREAS, California residents interested in saving a life through living kidney donation may visit www.LivingDonationCalifornia.org;
NOW, THEREFORE, BE IT RESOLVED that in recognition of National Donate Life Month, the month of April 2022 is hereby proclaimed “DMV/Donate Life Month” in the City of Santa Fe Springs, and in doing so we encourage all Californians to check “YES!” online, or when applying for or renewing their driver’s license or I.D. card at the DMV.
City Council Meeting April 5, 2022
Report Submitted By: Ruby Picon/Maricela Balderas Date of Report: March 30, 2022 Department of Community Services
City of Santa Fe Springs
PRESENTATION
Recognition of the 2022 Santa Fe Springs Shamrock Fun Run/Walk Event Sponsors
BACKGROUND
The City of Santa Fe Springs takes a proactive approach to creating health and wellness programs within the City. Through our Health & Wellness initiative, we continuously strive to educate and empower the community to improve and maintain overall health and well-being and to advocate for a healthy community culture.
The objective of the 5K Fun Run/Walk is to address the goals of the initiative, which includes focusing on addressing the high obesity and chronic disease rates in our community. The Fun Run/Walk has become one of our more popular health & wellnessrelated events and encourages the community to kick off their weekend with a fitness activity. Our low fees allow families to participate and engage in an event that fosters an active lifestyle.
The event took place on Saturday, March 12, 2022 from 7 a.m. – 9 a.m. at Town Center Plaza. A total of 515 people registered for the event and 461 participants ran or walked a 3.1 mile route that took them along various City streets. Upon completion of the run/walk, all participants received a finisher’s medal and top three winners in age categories received winner’s medals.
Once the run/walk was complete, participants and their families were able to take advantage of the resources and information provided by PIH Health and the City’s trash haulers, as well as enjoy a cup of coffee provided by Starbucks. We were also able to provide water & fruit, thanks to generous contributions received from local businesses and organizations.
This event was made possible thanks to the generosity of local businesses and organizations, and community participation. Our sponsors’ monetary and in-kind donations made the 2022 SFS Fun Run/Walk a huge success.
The Mayor may wish to call on Ruby Picon, Management Analyst II, to assist with the presentation.
FISCAL IMPACT
The monetary event sponsorships totaling $3,750 was budgeted in the Health & Wellness budget activity.
RECOMMENDATION
City Council to recognize the 2022 Santa Fe Springs Shamrock Fun Run/Walk event sponsors.
ITEM NO. 13B
City Council Meeting April 5, 2022
Report Submitted By: Ruby Picon/Maricela Balderas Date of Report: March 30, 2022 Department of Community Services
City of Santa Fe Springs
Monetary Sponsors
TOTAL MONETARY DONATIONS: $ 3,750.00
In-kind Donations
Raymond R. Cruz
City Manager
PIH Health $1,000.00
Republic Services $1,000.00
Serv-Wel Disposal $1,000.00
CR&R Environmental Services $500.00
Gabriel Container $250.00
Starbucks Coffee Company
Norwalk/La Mirada Plumbing
Santa Fe Springs Firefighters Association
Santa Fe Springs Calvary Chapel
City City Council Meeting April 5, 2022
Report Submitted By: Janet Martinez, City Clerk/ Date of Report: March 30, 2022 Fernando Munoz, Deputy City Clerk
City of Santa Fe Springs
APPOINTMENTS TO COMMITTEES AND COMMISSIONS
Committee Vacancies Councilmember
Historical & Preservation 1 Mora
Historical & Preservation 1 Rodriguez
Historical & Preservation 1 Trujillo
Family & Human Svcs 1 Mora
Parks & Recreation 3 Zamora
Parks & Recreation 2 Sarno
Senior 3 Mora
Senior 3 Zamora
Senior 1 Rodriguez
Senior 4 Trujillo
Sister City 5 Zamora
Sister City 5 Sarno
Sister City 1 Rodriguez
Sister City 2 Trujillo
Youth Leadership Committee 2 Mora
Youth Leadership Committee 3 Zamora
Youth Leadership Committee 1 Rodriguez
Youth Leadership Committee 1 Trujillo
Traffic Commission 1 Mora
Planning Commission 1 Mora
Applications Received: Dani Cook for Parks and Recreation Recent Actions: Jacqueline Martinez was removed from the Sister City Committee.
Bryan Collins was removed from the Traffic Commission. Kenneth Arnold was removed from the Parks and Recreation Committee and Planning Commission.
Raymond R. Cruz
City Manager
Attachment(s):
1. Prospective Members
2. Committee Lists
ITEM NO. 15
Prospective Members for Various Committees/Commissions
Historical & Community Preservation
Family & Human Services
Heritage Arts
Personnel Advisory Board
Parks & Recreation
Dani Cook
Planning Commission
Senior Advisory
Sister City
Traffic Commission
Youth Leadership
9:30 a.m., Library Community Room
Qualifications: 18 Years of age, reside or active in the City Membership: 20 Residents appointed by City Council
Council Liaison: Vacant
APPOINTED BY NAME TERM EXPIRES
DEC 31, 2022
Mora Doris Yarwood
Guadalupe Placensia
Irma Huitron
Vacant
Zamora Annette Ramirez
AJ Hayes
Hilda Zamora*
Stella Valenzuela
Sarno Jeannette Lizarraga
Mary Arias
Linda Vallejo
Sally Gaitan
Rodriguez Elena Lopez (Boca)*
Vacant
Mark Scoggins
Gloria Maghame
Trujillo Jacqueline Martinez
Kay Gomez
Vacant
Merrie Hathaway
HISTORICAL & COMMUNITY PRESERVATION COMMITTEE
Meets the fourth Wednesday of each month
Qualifications: 18 Years of age, reside or active in the City Membership: 15 Residents Appointed by City Council
Council Liaison: Rodriguez
APPOINTED BY NAME TERM EXPIRES
DEC 31, 2022
Mora Martha Villanueva*
Vacant
Miriam Herrera
Zamora Gaby Garcia
Christina J. Colon
Gilbert Aguirre
Sarno Dolores Duran
Janie Aguirre
Peggy Radoumis
Rodriguez Shamsher Bhandari
Elena Lopez (Boca)*
Hilda Zamora*
Trujillo Dolores Romero
Laurie Rios*
Bonnie Fox
*Indicates person currently serves on three committees
Meets the third Wednesday of the month, except Jun., Sept., and Dec., at 5:45 p.m., Gus Velasco Neighborhood Center
5 Social Service Agency Representatives Appointed by the Committee
FAMILY & HUMAN SERVICES ADVISORY
COMMITTEE
HERITAGE ARTS ADVISORY COMMITTEE
Qualifications: 18 Years of age, reside or active in the City Membership: 9 Voting Members
APPOINTED BY NAME TERM EXPIRES
DEC 31, 2022
Mora Maria Salazar-Jaramillo
Zamora AJ Hayes
Sarno William K. Rounds*
Rodriguez Francis Carbajal*
Trujillo Laurie Rios*
Miriam Herrera
Sally Gaitan
Gabriel Jimenez
Debbie Baker
Council Liaison Annette Rodriguez
Council Alternate Vacant
Ray Cruz
Maricela Balderas
Wayne Morrell
*Indicates person currently serves on three committees
Chamber of Commerce
Committee Representatives
Meets the Last Tuesday of the month, except Dec., at 9:00 a.m., at the Gus Velasco Neighborhood Center Room 1
6 Non-Voting Members
Family and Human Services Committee
Beautification and Historical Committee
Planning Commission
City Manager
Director of Community Services
Director of Planning
Council/Staff Representatives
Qualifications: 18 Years of age, reside or active in the City Membership: 25
Council Liaison: Mora
APPOINTED BY NAME TERM EXPIRES
DEC 31, 2022
Mora Joe Avila
Eddie Barrios
William Logan
Ralph Aranda
Kurt Hamra
Zamora Gina Hernandez
Blake Carter
Vacant
Vacant
Vacant
Sarno Vacant
Mary Anderson
Jeannette Lizarraga
Vacant
Mark Scoggins
Rodriguez Kayla Perez
Priscilla Rodriguez
Lisa Garcia
Sylvia Perez
David Diaz-Infante
Trujillo Dolores Romero
Andrea Lopez
Elizabeth Ford
Nancy Krueger
William K. Rounds*
*Indicates person currently serves on three committees
Meets the First Wednesday of the month, except Jul., Aug., and Dec., 7:00 p.m., Town Center Hall, Meeting Room #1
Subcommittee Meets at 6:00 p.m.
PARKS & RECREATION ADVISORY
COMMITTEE
PERSONNEL ADVISORY BOARD
Membership:
Terms:
APPOINTED BY NAME TERM EXPIRES
DEC 31, 2022
Council Angel Munoz
Ron Biggs
Personnel Advisory Board Neal Welland
Firemen's Association Jim De Silva
Employees' Association Johnny Hernandez
\
Meets Quarterly on an As-Needed Basis
Four Years
5 (2 Appointed by City Council, 1 by Personnel
Board, 1 by Firemen's Association, 1 by
Employees' Association)
PLANNING COMMISSION
Qualifications: 18 Years of age, reside or active in the City Membership:
APPOINTED BY NAME
Mora Vacant
Sarno Johnny Hernandez
Rodriguez Francis Carbajal*
Trujillo William K. Rounds*
Zamora Gabriel Jimenez
Meets the second Monday of every Month at 4:30 p.m.,
Council Chambers
5 Qualifications: 18 Years of age, reside or active in the City Membership: 25
Council Liaison: Vacant
APPOINTED BY NAME TERM EXPIRES
DEC 31, 2022
Mora Paul Nakamura
Astrid Shesterkin
Vacant
Vacant
Vacant
Zamora Vacant
Elena Lopez (Boca)*
Josefina Lara
Vacant
Vacant
Sarno Sally Gaitan
Bonnie Fox
Gilbert Aguirre
Lorena Huitron
Janie Aguirre
Rodriguez Yoko Nakamura
Linda Vallejo
Hilda Zamora*
Martha Villanueva*
Nancy Krueger
Trujillo Dolores Duran
Vacant
Vacant
Vacant
Vacant
*Indicates person currently serves on three committees
SENIOR ADVISORY COMMITTEE
Meets the Second Tuesday of the month, except Jun., Sep., and Dec., at 9:30 a.m., Gus Velasco Neighborhood Center
Qualifications: 18 Years of age, reside or active in the City Membership: 25
Council Liaison: Trujillo
APPOINTED BY NAME TERM EXPIRES
DEC 31, 2022
Mora Martha Villanueva*
Doris Yarwood
Laurie Rios*
Peggy Radoumis
Francis Carbajal*
Zamora Vacant
Vacant
Vacant
Vacant
Vacant
Sarno Vacant
Vacant
Vacant
Vacant
Vacant
Rodriguez Jeannette Wolfe
Shamsher Bhandari
Jimmy Mendoza
Frank Martinez
Vacant
Trujillo Charlotte Zevallos
Andrea Lopez
Vacant
Marcella Obregon
Vacant
*Indicates person currently serves on three committees
SISTER CITY COMMITTEE
Meets the First Monday of every month, except Dec., at 6:45 p.m., Town Center Hall, Mtg. Room #1. If the regular meeting date falls on a holiday, the meeting is held on the second Monday of the month.
TRAFFIC COMMISSION
Membership:
Qualifications: 18 Years of age, reside or active in the City
APPOINTED BY NAME
Mora Vacant
Sarno Johana Coca
Rodriguez Felix Miranda
Trujillo Linda Vallejo
Zamora Christina J. Colon
Meets the Third Thursday of every month, at 6:00 p.m., Council Chambers 5 Membership: 20
Council Liaison: Zamora
APPOINTED BY NAME TERM EXPIRES
DEC 31, 2022
Mora Kharisma Ruiz
Jilliana Casillas
Vacant
Vacant
Zamora Joseph Casillas
Vacant
Vacant
Vacant
Sarno Abraham Walters
Aaron D. Doss
Valerie Bojorquez
Maya Mercado-Garcia
Rodriguez Jasmine Rodriguez
Angelique Duque
Felix Miranda Jr.
Vacant
Trujillo Vacant
Isaac Aguilar
Andrew Bojorquez
Alan Avalos
YOUTH LEADERSHIP COMMITTEE
Qualifications: Ages 13-18, reside in Santa Fe Springs
Meets the First Monday of every month, at 6:30 p.m., Gus Velasco Neighborhood Center