SOURCEWELL
PIGGYBACK CONTRACT
BETWEEN
CITY OF THOUSAND OAKS AND
BKM OFFICE ENVIRONMENTS
This Piggyback
Contract ("Contract") of is made and entered into this 18 th day of June, 2024 ("Effective Date"), by and between the City of Thousand Oaks (hereinafter referred to as the "City"), and bkm office environments , an authorized Steelcase Dealership, with corporate headquarters located at 816 Via Alondra Camarillo CA 93012 (hereinafter referred to as "bkm").
WITNESSETH:
WHEREAS, Sour
cewell entered into a furniture solutions agreement #091423-STI with Steelcase Inc. to provide equipment, products, or services to Sourcewell and entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities) on December 1, 2023 for a term that expires on December 4, 2027.
WHEREAS, on J
anuary 16, 2024 , Steelcase awarded bkm office environments access to Sourcewell agreement #091423-STI for Office Furniture, Related Services (as amended, the participation dealer letter ), which permits authorized dealerships to purchase goods and services in accordance with terms and conditions set forth in the Master Agreement.
WHEREAS, City has chosen to become a participating agency under the Master Agreement, and City has registered with Steelcase to become a participating agency and is eligible to purchase under the Master Agreement; and
WHEREAS, the
undersigned representative of City is authorized, on behalf of City, to contract with bkm for the purchase of office furniture and services in accordance with the terms of the Master Agreement and this Contract.
WHEREAS, Ci
ty is in need of adding language to reflect new state law requirements under the Levine Act.
NOW, THEREF
ORE, in consideration of the mutual covenants, benefits and promises herein stated and in conjunction with the cooperative agreement referenced, the parties hereto agree to the terms and conditions as stated in the master agreement. (Exhibit A attached for reference) The following is
added to the Contract which shall read in its entirety as follows, and Exhibit A attached hereto and incorporated herein is added to the Contract:
LEVINE A
CT COMPLIANCE
California G
overnment Code section 84308 (Levine Act) prohibits any Thousand Oaks City Council member from participating in any action related to a contract, agreement, or franchise agreement if the Council member receives a campaign contribution totaling more than $250 (aggregated) from the party to the contract, agreement or franchise agreement, their agents, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months. Council members must also disclose any eligible campaign contribution received on the record of the proceeding.
ATTACHMENT #2
FIN:201-10\aw\H:COMMON\Council\2024\Facilities\07022024 Office Modernization and Technology Upgrades Pilot - Attachment #2 Council members are also prohibited from soliciting, accepting or directing campaign contributions totaling more than $250 (aggregated) from the applicant or party, an agent of the applicant/party, or any financially interested participant who actively supports or opposes the twelve (12) months, and for twelve (12) months following the date a final decision on the contract/agreement is made.
The Levine Ac
t also requires parties to a contract, agreement, or franchise agreement to disclose any campaign contribution over $250 (aggregated) within the preceding twelve (12) months by the party to the agreement, contract, or franchise agreement. The Levine Act does not apply to competitively bid, labor, or personal employment contracts.
In order t
o assure compliance with these requirements, Contractor has provided the disclosure requirements identified in the Levine Act Disclosure Form, attached as Exhibit A, incorporated herein by reference, and Contractor verifies by its signature that it has completed Exhibit A in compliance of these requirements.
Contrac
tor shall also be responsible for understanding and complying with requirements of Government Code section 84308, which prohibits parties to a contract, as well as their agents and representatives, from contributing more than $250 (aggregated) to a City Council member of the City of Thousand Oaks for the 12 months prior to award of this Contract, and for the 12 months following award of this Contract. Where applicable, Contractor shall disclose any post award campaign contributions prior to seeking an amendment to this Contract.
IN WITN
ESS WHEREOF, City and bkm have executed this Contract on the Effective Date. bkm Office Environments:
Name:
Title:
Name:
Title:
ATTACHMENT #2
FIN:201-10\aw\H:COMMON\Council\2024\Facilities\07022024 Office Modernization and Technology Upgrades Pilot - Attachment #2
CITY OF THOUSAND OAKS
Al Adam, Mayor
ATTEST:
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
Jaime Boscarino, Finance Director
APPROVED AS TO FORM:
Tracy Friedl, Assistant City Attorney
ATTACHMENT #2
FIN:201-10\aw\H:COMMON\Council\2024\Facilities\07022024 Office Modernization and Technology Upgrades Pilot - Attachment #2 EXHIBIT _____
LEVINE ACT DISCLOSURE FORM
FIN:201-10\aw\jkb\H:\COMMON\Council\2024\Facilities\06182024 Office Modernization and Technology Upgrades Pilot - Attachment #2.docx
California Government Code section 84308 (Levine Act) prohibits any Thousand Oaks City Council member from participating in any action related to a contract, agreement, or franchise agreement (excluding labor or competitively bid contracts) if the Council member receives a campaign contribution totaling more than $250 (aggregated) from the party to the contract, agreement or franchise agreement, their agents, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months. Council members must also disclose any eligible campaign contribution received on the record of the proceeding.
Council members are prohibited from accepting, soliciting, or directing a campaign contribution of more than $250 (aggregated) from a party, their agent/representative, or a financially interested participant during a proceeding and for 12 months following the date a final decision is made. In addition, a party, their agent/representative, or a financially interested participant is prohibited from contributing more than $250 (aggregated) to a Council member during a proceeding and for 12 months following the date a final decision is made.
The Levine Act also requires parties to certain contracts, agreements, or franchise agreements to disclose any campaign contribution over $250 (aggregated) within the preceding twelve (12) months by the party to the agreement, contract, or franchise agreement and their agents. The Levine Act does not apply to competitively bid, labor, or personal employment contracts.
The Levine Act (Gov Code § 84308) DOES NOT apply to this Agreement/Contract The Levine Act (Gov Code § 84308) DOES apply to this Agreement/Contract and the required disclosure is set forth below:
1. Have you or your company, or any agent on behalf of you or your company, made campaign contributions totaling more than $250 (aggregated) to any council member in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement/Contract?
YES
NO
Council Member Name Payee Name Payment Date Payment Amount X
A
1 ATTACHMENT #2
FIN:201-10\aw\H:COMMON\Council\2024\Facilities\07022024 Office Modernization and Technology Upgrades Pilot - Attachment #2
2. Do you or your organization, or any agency or representative on behalf of you or your organization, anticipate or plan to make any campaign contributions of more than $250 (aggregated) to any City Council member in the 12 months following any City Council action related to this Agreement/Contract? ** There may be legal restrictions on making contributions during the 12 months following City Council Action. It is recommended that you consult with your own legal counsel regarding the requirements of law.
YES
NO
Council Member Name Payee Name Payment Date Payment Amount Answering “YES” to either question above does not preclude the City of Thousand Oaks from entering into or taking any subsequent action related to this Agreement/Contract. However, it may preclude the identified Council member(s) from participating in any actions/decisions related to this Agreement/Contract.
____________ ______________________________ _______________________ Date Printed Name/Title of Authorized Name of Business/Legal Representative Entity
____________________________________________________________________________ Signature
*** You must submit a supplemental form if y ou make any new reportable contribution(s) while the Agreement/Contract is being considered ***
** “Aggregated” contributions, as described in FPPC Regulation §18438.5, include the following types of contributions made during a 12-month period: (1) all contributions made by the party or participant; (2) all contributions made by an agent of the party or participant; and (3) all contributions made by an individual or entity required to be aggregated with the party or participant, and any agent of the party or participant.
FIN:201-10\aw\jkb\H:\COMMON\Council\2024\Facilities\06182024 Office Modernization and Technology Upgrades Pilot - Attachment #2.docx
X
6/11/2024
Racheal Price / President
bkm office environments
2 ATTACHMENT #2
FIN:201-10\aw\H:COMMON\Council\2024\Facilities\07022024 Office Modernization and Technology Upgrades Pilot - Attachment #2