1 PIGGYBACK AGREEMENT
BETWEEN
CITY OF THOUSAND OAKS
AND
SHAW INTEGRATED AND TURF SOLUTIONS, INC.
This Piggyback Agreement (“Contract”) of is made and entered into this 13th day of October 2026 ("Effective Date"), by and between the City of Thousand Oaks (hereinafter referred to as "City"), and Shaw Integrated and Turf Solutions, Inc. (hereinafter referred to as “Supplier”).
W I T N E S S E T H:
WHEREAS, on August 7, 2023, Sourcewell, a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities, awarded Supplier Agreement No. 061323- SII for Flooring Materials and Related Supplies and Services (as amended, the “Master Agreement”) attached as Exhibit A, which permits governmental entities to purchase goods and services in accordance with terms and conditions set forth in the Master Agreement; and WHEREAS, City has chosen to piggyback off of the Master Agreement, and City is eligible to purchase under the Master Agreement as a governmental entity; and WHEREAS, the undersigned representative of City is authorized, on behalf of City, to contract with Supplier for the purchase of Flooring Materials and Related Supplies and Services in accordance with the terms of the Master Agreement and this Contract.
NOW, THEREFORE, in consideration of the mutual covenants, benefits and promises herein stated and in conjunction with the Master Agreement referenced, the parties hereto agree to the following terms and conditions:
1. INCORPORATION OF MASTER AGREEMENT
The purpose of this Contract is to allow the City to purchase flooring materials and related supplies and services from Supplier at the discounted prices set forth in the Master Agreement. To that end, the Master Agreement is hereby incorporated by reference as if set forth herein in its entirety, including all subsequent amendments thereto.
2. TERM OF AGREEMENT
This Contract shall expire on September 30, 2027, and may be extended up to three additional oneyear extensions upon the request of Sourcewell and written agreement by Supplier, or as set forth in the Master Agreement.
3. CONTRACT AMOUNT
Pricing shall be that set forth in accordance with the Master Agreement and the total not-to-exceed amount for this agreement is $100,000 annually.
4. NOTICES
All notices, requests, demands and other communications under this Contract shall be given in writing. Such notices shall be deemed to have been given when delivered in person or three (3) business days after being sent via certified mail or upon delivery if sent via reputable overnight delivery service and addressed to the appropriate party at its mailing address set forth below:
To City: City of Thousand Oaks
2100 Thousand Oaks Blvd
Thousand Oaks, CA 91362
Attn: Andrew Becker, Purchasing Supervisor
ATTACHMENT #2
2 To Supplier: Shaw Industries, Inc.
Attn: Contract Administration
616 E. Walnut Ave., Mail Drop 061-28
Dalton, GA 30721
With copy to: Shaw Industries Group, Inc.
Attn: Corporate Legal Department
616 E. Walnut Ave, Mail Drop 061-28
Dalton, GA 30721
4. TERMINATION FOR CONVENIENCE
Either party may terminate this Contract for convenience by providing the other party sixty (60) days prior written notice.
5. LEVINE ACT COMPLIANCE
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 if the Council member receives a campaign contribution totaling more than $500 (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 also prohibited from soliciting, accepting or directing campaign contributions totaling more than $500 (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 Act also requires parties to a contract, agreement, or franchise agreement to disclose any campaign contribution over $500 (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 to assure compliance with these requirements, Supplier has provided the disclosure requirements identified in the Levine Act Disclosure Form, attached as Exhibit B, incorporated herein by reference, and Supplier verifies by its signature that it has completed Exhibit B in compliance of these requirements.
Supplier 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 $500 (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, Supplier shall disclose any post award campaign contributions prior to seeking an amendment to this Contract.
6. PREVAILING WAGES
Contractor shall be required to pay not less than the prevailing rate of wages in accordance with the California Labor Code, which rates have been determined by the Director of the California Department of Industrial relations and shall be made available within employee break rooms at City Hall or may be obtained online at http//www.dir.ca.gov/dlsr. The wage rates must be posted at the job site.
7. SIGNATURES
Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act 3 (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.
IN WITNESS WHEREOF, City and Supplier have executed this Contract on the Effective Date.
SHAW INTEGRATED AND TURF SOLUTIONS, INC. CITY OF THOUSAND OAKS By: By:
Name: Marissa McKoy Name: Mikey Taylor
Title: Deputy General Counsel Title: 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:
Office of the City Attorney
By: Tracy Friedl, Assistant City Attorney