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HomeMy WebLinkAbout2019 CON Spacesaver International - Police Department Locker Room UpgradesAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SPACESAVER INTERMOUNTAIN, LLC THIS AGREEMENT is entered into this 15th day of August, 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and SPACESAVER INTERMOUNTAIN, a Utah limited liability company (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide the manufacturing, delivery, and installation of the Spacesaver Freestyle Locker System in the areas of the men's and women's locker rooms located in the Police Department. WHEREAS, the CITY has determined that the CONTRACTOR is a provider of public safety storage solutions and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. WHEREAS, the City Council WHEREAS, the City Council of the City of National City authorized the Mayor to execute an Agreement with CONTRACTOR to purchase and install customized lockers to expand capacity in the Police Department Locker Rooms in an amount not -to -exceed $228,147.65 under Resolution No. 2019-90. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will manufacture, deliver and complete the installation of the Spacesaver Freestyle Locker System in the areas of the men's and women's locker rooms per drawings dated June 17, 2019. Installation includes all equipment, seismic anchoring hardware, as well as labor. The CONTRACTOR will perform services as set forth in the attached Exhibit "A", and Exhibit `B", where Exhibit "B" is the final layout. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Jose Lopez, Associate Civil Engineer of Engineering and Public Works, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Scott Christensen, Project Manager, thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work shall be an amount not -to -exceed $228,147.65 as described in Exhibit "A" and shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the CITY. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" and "B", as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on September 2019. The duration of this Agreement is for the period of 4 months from the effective date. 2019 Agreement 2 City of National City and SpaceSaver Intermountain, LLC 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. 2019 Agreement 3 City of National City and SpaceSaver Intermountain, LLC 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 2019 Agreement 4 City of National City and SpaceSaver Intermountain, LLC 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, 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 any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR' S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the 2019 Agreement 5 City of National City and SpaceSaver Intermountain, LLC termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years 2019 Agreement 6 City of National City and SpaceSaver Intermountain, LLC after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties, Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 2019 Agreement 7 City of National City and SpaccSaver Intermountain, LLC 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Roberto Yano Deputy City Engineer Engineering and Public Works City of National City 1243 National City Boulevard National City, CA 91950-4301 2019 Agreement 8 City of National City and SpaceSaver Intermountain, LLC Arturo Gonzalez Facilities Maintenance Supervisor Engineering and Public Works City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONTRACTOR: Scott Christensen Project Manager Spacesaver Intermountain, LLC 249 South 400 East Salt Lake City, UT 84111 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material fmancial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONTRACTOR. 2019 Agreement 9 City of National City and SpaceSaver Intermountain, LLC 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. CONTRACTOR is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes, except, to the extent any exhibits or schedules or provisions thereof, conflict with the terms of this Agreement, the terms of this Agreement will control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 2019 Agreement 10 City oFNational City and SpaceSaver Intermountain, LLC L. Construction, The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NA IOC SPACESAVER INTERMOUNTAIN, LLC By: ejandr APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Nicole Pedone Senior Assistant City Attorney 2019 Agreement 11 By: Russell Rowberry, Controller) Dave Colling, CEO City of National City and SpaceSaver Intermountain, LLC 1 RD ® AC CERTIFICATE OF LIABILITY INSURANCE 4%....---"'. DATE (MMIODIYYYY) 8/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Diversified Insurance Group E. South Temple Street Suite 2300 Salt Lake City UT 84111 CONTACT Rachel Tuel ler NAME: PHO No Fxtf• (801) 325-5000 FAX A/C, No): eozlslz-zeo. fA(136 no RESS:rtueller@diversifiedinsurance,com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Federal Insurance Company 20281 INSURED HB Intermountain Holdings LLC Spacesaver Intermountain LLC 8969 Kenamar Drive, Ste. 101 San Diego CA 92121 INsuRERB:Great Northern Insurance 20303 INSURERc:WCF Mutual Insurance Co. 10033 INSURERD:Advantage Workers Compensation 40517 INSURER E: INSURERF: BER:2019 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IPOLICY R LTR TYPE OF INSURANCE ADDL INS!) INS❑ SUER WVD POLICY NUMBER EFF (MM DD YYYY) POLICY EXP (MM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY X 36054513 SIR - $0 9/1/2019 9/1/2020 EACH OCCURRENCE $ 1, 000, 000 DAMAGE PREMISESO(Ea occurrrrence) $ 1,000,000 CLAIMS.MADE X OCCUR MED EXP (Any ono person) $ 10, 000 X Completed Operations PERSONAL 8 ADV INJURY $ 1, 000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE X LIMIT APPLIES PER' JERC LOC PRODUCTS - COMP/OPAGG S 2,000,000 Per Protect Aggregate Endorsemon' $ 10, 000, 000 B AUTOMOBILE X - X - LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS X 73605042 Comprehensives $1000 Ded Collision, $1000 Ded 9/1/2019 9/1/2020 COMBINED(Ea SINGLE LIMIT accden0 $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X 78188906 - Follow -Form of Primary policies SIR - $0 9/1/2019 9/1/2020 EACH OCCURRENCE $ 10,000,000 AGGREGATE S 10,000,000 $ DED RETENTION $ None C D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTNE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under O DESCRIPTION OF OPERATIONS below DESC Y 1 N N2211730 N!A 1253663 - Utah - All other states SIR - $0 1/1/2019 1/1/2019 1/1/2020 1/1/2020 TH X PER STATUTE OOER E.L. EACH ACCIDENT 5 1,000,000 E.L DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liability Claims Made/Retrot 10/7/08 82507722 - SIR: 810,000 $2H Retror 9/20/2016 12/6/2018 12/6/2019 Each Clain) $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be Mt ched If more space Is required) The City of National City, its officers, agents and employees are Additional Insured on General Liability and Auto Liability with respect to the work performed by the Named Insured as required per written contract. This insurance is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION The City of National City 1243 National City Boulevard National City, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Matthew Henriod/RT 410/ ,2__y/%7 ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CHUBB° Liability insurance Endorsement Policy Period SEPTEMBER 1, 2019 TO SEPTEMBER 1, 2020 Effective Date SEPTEMBER 1, 2019 Policy Number 3605-45-13 DEN Insured HB INTERMOUNTAIN HOLDINGS LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued This Endorsement applies to the following forms; GENERAL LIABILITY SEPTEMBER 10, 2019 3kR2%A' YDISC�Ri'abYAW5K XN Y,E " t,PMS .kA N:t:. ' Y Xi.`;LS Who Is An Insured Owners, Lessees Or Contractors - Completed Operations Under Who Is An Insured, the following provision is added. Persons or organizations shown in the Schedule are insureds; but they are insureds only with respect to their liability for bodily injury or property damage caused, in whole or in part, by your work at the applicable location described in the Schedule performed for such person or organization and included in the products -completed operations hazard, However, • the insurance afforded to such person or organization only applies to the extent permitted by law; and • if coverage provided to the person or organization is required by a contract or agreement, the insurance afforded to the person or organization will not be broader than that which you are required by such contract or agreement to provide for the person or organization. Schedule AS REQUIRED BY WRITTEN CONTRACT Liability Insurance Additional Insured - Owners, Lessees Or Contractors - Completed Operations, Scheduled continued Form 80-02.844E (Rev, 3-17) Endorsement Page 1 Liability Endorsement (continued) All other terms and conditions remain unchanged, Authorized Representative Liability Insurance Additional Insured - Owners, Lessees Or Contractors - Completed Operations, Scheduled last page Form 80-02-8448 (Rev. 3-17) Endorsement Page 2 CHUBB° Liability Insurance Endorsement Policy Period SEPTEMBER 1, 2019 TO SEPTEMBER 1, 2020 Effective Date SEPTEMBER 1, 2019 Policy Number 3605-45-13 DEN Insured HB INTERMOUNTAIN HOLDINGS LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued This Endorsement applies to the following forms: GENERAL LIABILITY Who Is An Insured Owners, Lessees Or Contractors - Ongoing Operations SEPTEMBER 10, 2019 Under Who Is An Insured, the following provision is added. A. Persons or organizations shown in the Schedule below are insureds; but they are insureds only with respect to their liability for bodily injury, property damage, advertising injury or personal injury caused, in whole or in part, hy: 1. your acts or omissions; or 2, the acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the person or organization shown in the Schedule at the applicable location described in the Schedule. However, the insurance afforded to such person or organization only applies to the extent permitted by law; and if coverage provided to the person or organization is required by a contract or agreement, the insurance afforded to the person or organization will not be broader than that which you are required by such contract or agreement to provide for the person or organization. Liability Insurance Additional Insured • Owners, Leseses Or Contractors - Ongoing Operations, Scheduled continued Form 80-02-2305 (Rev. 3-17) Endorsement Page 1 Liability Endorsement (continued) B. However, no person or organization is an insured for bodily injury or property damage occurring after: 1, all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the person or organization shown in the Schedule at the applicable location described in the Schedule has been completed; or 2, that portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Schedule Designated Owner, Lessee Or Contractor PERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED, PURSUANT TO A CONTRACT OR AGREEMENT, TO PROVIDE WITH SUCH INSURANCE AS IS AFFORDED BY THIS POLICY. All other terms and conditions remain unchanged, Authorized Representative Liability Insurance Additional Insured - Owners, Lessees Or Contractors - Ongoing Operations, Scheduled last page Form 80-02.2305 (Rev. 3-17) Endorsement Page 2 C H U B Bm Liability Insurance Endorsement Policy Period SEPTEMBER 1, 2019 TO SEPTEMBER 1, 2020 Effective Date SEPTEMBER 1, 2019 Policy Number 3605-45-13 DEN Insured HB INTERMOUNTAIN HOLDINGS LLC Name of Company 1IT:DERAL INSURANCE COMPANY Date Issued SEPTEMBER 10, 2019 This Endorsement applies to the following forms: GENERAL LIABILITY Under Who Is An Insured, the following provision is added. Who Is An Insured Additional Insured - Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Liability Insurance Addltlonal Insured • Scheduled Person Or Organization continued Form 80-02.2367(Rev. 5-07) Endorsement Page 1 CHUBB') Liability Endorsement (continued) Conditions Other Insurance — Primary, Noncontributory Insurance — Scheduled Person Or Organization Under Conditions, the following provision is added to the condition titled Other Insurance, If you are obligated, pursuant to a contract or agreement, to provide the person or organization shown in the Schedule with primary insurance such as is afforded by this policy, then in such case this insurance is primary and we will not seek contribution from insurance available to such person or organization. Schedule Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afforded by this policy. All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Additional Insured - Scheduled Person Or Organization fast page Form 80-02-2067 (Rev, 5-07) Endorsement Page 2 RESOLUTION NO. 2019 - 90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL CONTRACT NUMBER 031715-KII TO PURCHASE CUSTOMIZED LOCKERS FROM SPACESAVER INTERMOUNTAIN, LLC BY AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WITH SPACESAVER INTERMOUNTAIN, LLC TO PURCHASE AND INSTALL CUSTOMIZED SPACESAVER FREESTYLE LOCKERS TO REPLACE DILAPIDATED CURRENT LOCKERS AND EXPAND CAPACITY IN THE POLICE DEPARTMENT LOCKER ROOMS, IN THE AMOUNT NOT TO EXCEED $228,147.65, AND APPROPRIATE $228,147.65 BUDGET UNDER THE ASSET FORFEITURE FUND (131) WHEREAS, the purchase of a locker system for the male and female locker rooms are required to increase the capacity for storage of police uniforms and equipment of officers at the National City Police Department especially during extremely wet winter season, the police department experienced several days of flooding within the men's locker room because of water intrusion through planter beds outside the building; and WHEREAS, durable, high quality locker systems are available from just a few manufacturers in the United States through government cooperative purchase programs such as the National Joint Powers Alliance (NJPA), which allow for a direct purchase from any participating governmental agency in accordance with City of National City Purchasing Code section 2.60.260; and WHEREAS, National City Municipal Code Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City; and WHEREAS, the National City's Purchasing staff has confirmed that the Sourcewell (formerly National Joint Powers Alliance) based on their contract number 031715-KII with Spacesaver Intermountain, LLC was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that Sourcewell (formerly National Joint Powers Alliance) procurement procedures are in substantial compliance with the City's, and pursuant to Section 2.60.260 of the Municipal Code, authorizes the waiver of the bidding process to piggyback on Sourcewell (formerly National Joint Powers Alliance) to purchase customized mobile shelving from Spacesaver Intermountain, LLC, based on their contract number 031715-KII with Sourcewell (NJPA). Resolution No. 2019 — 90 Page Two BE IT FURTHER RESOLVED that the City Council authorize the Mayor to execute an Agreement with Spacesaver Intermountain, LLC, to purchase and install customized lockers to expand capacity in the Police Department Locker Rooms in an amount not -to -exceed the amount of $228,147.65 and appropriate $228,147.65 budget under the asset forfeiture fund (131). PASSED and ADOPTED this 18th day of June, 2019. Alejaridra Sotelo-Solis, Mayor ATTEST: 7-i Michael ''. Dalla, City Clerk APPROVED AS TO FORM: A is -Jo Attorney Passed and adopted by the Council of the City of National City, California, on June 18, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-90 of the City of National City, California, passed and adopted by the Council of said City on June 18, 2019. City Clerk of the City of National City, California CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT g20/5- 93 MEETING DATE: June 18, 2019 AGENDA ITEM NO. 15 TEM TITLE: Resolution of the City Council of the City of National City authorizing, 1) the City (Buyer) to utilize cooperative purchasing established through Sourcewell previously known as National Joint Powers Alliance (NJPA), consistent with Municipal Code Section 2.60.260 for cooperative purchasing, to purchase customized lockers from Spacesaver Intermountain, LLC based on their contract 031715-KII with Sourcewell; and 2) the Mayor to execute the Agreement with Spacesave Intermountain, LLC to purchase and installed customized Spacesaver Freestyle lockers to replace dilapidated current lookers and expand capacity in the Police Department Male and Female Locker Rooms, in the amount not to exceed $228,147.65, and 3) appropriate $228,147.65 budget under ; .set Forfeiture Fund (131). PREPARED BY: Captain Graham Young DEPARTMENT: Pent PHONE: (619) 336-4514 APPROVED BY: EXPLANATION: See attached. r`INANCIAL STATEMENT: APPROVED. ACCOUNT NO. APPROVED: 131-411-000-503-0000 (Furniture and Furnishings) $228,147.65 �.� Finance MIS This appropriation requires the use of Asset Seizure restricted fund balance of $228,147.65. Approval of this appropriation will reduce the available restricted fund balance from $683,486.09 to $455,338.44. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: 1. Explanation (Attachment "A") 2. Proposal/Quote (Attachment "B") 3. Final Layout Drawings (Attachment "C") 4. Resolution (Attachment "D") 4 s altoe-'p 7?o. as/9- 9O IIII INTERMOUNTAIN SPACESAVER Proposal All Spacesaver Intermountain, LLC 249 South 400 East Salt Lake City, UT 84111 Quote/Order No 78683 Date 05/24/2019 Customer PO No Customer Account NATIONAL CITY Sales Associate LINDA SUAREZ Project Number Page 2 of 2 SPACESAVER INTERMOUNTAIN, LLC TERMS AND CONDITIONS PAYMENT Merchandise will be invoiced upon delivery. If there is to be more than one delivery of merchandise, an invoice will be issued upon the first delivery. Buyer agrees to pay each invoice within ten days of the invoice date. No payment shall be withheld on any invoice because partial delivery of the entire order. Any security deposit is non-refundable. If payments are in default, Spacesaver Intermountain, LLC (SI) shall have the option of declaring the remaining unpaid purchase price due and payable and may elect to recover merchandise and take judgment for deficiency after public or private sale including interest, collection costs and attorney fees. SECURITY INTEREST Buyer hereby grants Spacesaver Intermountain, LLC a security interest in all merchandise sold under this order to secure full payment of the purchase price and all other obligations of Buyer under this agreement. A copy of this agreement may be filed as a financing statement. Buyer's signature hereon authorizes SI to execute such financing statements on Buyer's behalf as may be required by the State. INSTALLATION DATE (a) The installation date is agreed upon for the purpose of specifying delivery dates of merchandise ordered from manufacturers. Although SI will use its best efforts to expedite timely delivery, it cannot guarantee that merchandise will arrive from manufacturers as specified, and SI shall not be liable for ordered merchandise not arriving timely. (b) Buyer shall provide or pay for all storage of ordered merchandise necessary after the Installation Date, and for all costs of moving such merchandise to and from storage after the Installation Date. INSTALLATION TERMS Delivery and Installation shall be made by SI personnel, or its subcontractor, during normal working hours or at other hours by special arrangement. Buyer shall pay additional labor costs resulting from off -hour or overtime work performed at Buyer's request or from required use of labor other than SI personnel or its authorized subcontractor. Buyer shall provide, at Buyer's cost, electricity, heat, hoisting and elevator service and adequate facilities for off-loading, staging, moving and handling of merchandise. The job site shall be clean and free of obstruction for installation. Finished floor coverings (ie. carpet, tile, etc.) must be removed and subfloor clear and free for grouted mobile rail installation. Buyer shall pay any special packaging or handling costs not contained in the specifications. INSURANCE AND RISK OF LOSS All risk of loss shall pass from SI to Buyer upon delivery of merchandise to Buyer or upon delivery of merchandise into storage for the account of Buyer after the installation date, whichever comes first. For the purposes of this paragraph five only, the term "merchandise" shall include any property owned by or under control of SI delivered to or for the benefit of Buyer, whether purchased by Buyer or delivered to Buyer on approval. Buyer shall carry fire and casualty insurance in an amount sufficient to insure the value of the merchandise at the delivery site or at the storage site. TAXES AND FREIGHT Prices do not include any applicable sales, use, excise, or other taxes which, if applicable, Buyer shall pay and which shall be added to the sales price at time of invoicing. Buyers exempt from taxes shall furnish certificates of exemption upon execution of this agreement. Freight charges are F.O.B. job site unless otherwise indicated. CANCELLATION AND CHANGES This agreement, once executed by SI and Buyer, cannot be cancelled or modified except by a writing signed by both parties. Changes made in the agreement which result in increased charges shall be for the account of the Buyer. In the event SI agrees to a return, a cancellation fee equal to 40% of the purchase price will be assessed. No storage products or other specially ordered items can be cancelled or returned after the manufacturer begins production. Prices and quantities of storage products and other items measured from blueprints or otherwise estimated are subject to change upon field measurement at the expense of the Buyer. FLOORS BUYER is responsible for the load bearing capacity of the floor upon which the proposed installation shall be constructed. Finished floor coverings are not included unless otherwise noted. SURVEYS, PERMITS, AND REGULATIONS BUYER shale procure and pay for all permits, inspections, and/or structural calculations required by any governmental authority for any part of the work performed by Spacesaver intermountain, LLC, except if stated otherwise. WARRANTIES AND CLAIMS (a) SI warrants for a period of one year from delivery that the manufacturer is free from defects in workmanship and materials, and that it will repair or replace defective merchandise, at its cost, within a reasonable time, subject to availability of replacement merchandise. No other warranties, expressed or implied, are granted hereunder. No warranty in addition to the foregoing expressed warranties, whether expressed or implied, made by any employee or agent of SI shall be valid unless reduced to writing and signed by an officer of SI. TO THE EXTENT ALLOWED BY LAW, ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, IS LIMITED TO THE PERIOD OF ONE YEAR FROM THE DATE OF DELIVERY. (b) Buyer shall inspect the merchandise upon delivery. Acceptance of delivery constitutes acceptance of the merchandise as delivered. Any warranty claims for latent defects not discoverable upon reasonable inspection must be made in writing within the warranty period. DEFAULT, INTEREST AND FEES Buyer shall pay interest at the rate of 18% per annum on all payments in default, and shall pay all reasonable costs, expenses and attomeys' fees incurred by SI in enforcing the terms of this agreement. ENTIRE AGREEMENT; CONTROLLING LAW This agreement constitutes the entire agreement between the parties. Buyer is relying solely upon the terms of this agreement, and not upon any oral or written statements. whether of SI, its officers, employees or agents, of any manufacturer, or any other person whatsoever on entering into this agreement. This agreement shall be interpreted and enforced under the laws of the State of Utah. I have read and understand these terms and conditions: ATTACHMENT "C" III SPACESAVER INTERMOUNTAIN up 249 South 400 East (801) 363-5882 main • Salt Lake City, UT 84111 (801) 359d326 fax www.SpacesaverIM.com Plan View Project Name: National City Police Project #: 78683 Drawn by: Melee E. Date Printed: 01/23/2019 Scale Rev level: /\1 /4" = APPROVAL This drawing Approved By: Dated Coovricht Ip 2018 Sr r Corporation. This material is oroorietary and confidential. and the disclosure reproduction by ohototn Im. blueprint or otherwise or incorvoration into any information retrieval system without first receivin 1 approval front 8'0" SPACESAVER INTERMOUNTAIN LLc 249 South 400 East (801) 363-5882 main Salt Lake City, UT 84111 (801) 359-4326 fax www.SpacesaverlM.com 6Sie cl` P�• 38" Project Name 8'2" 30" Plan View National City Police 4s Drawn by: Melea E. Date Printed: 01/23/2019 Scale 3/8" = 1' Rev level: APPROVAL This drawing Approved By Dated Conwrieht aC 2018 SpacesaverCorporation, This material is proprietary and confidential. and the disclosure reproduction by ohotoeraphv. film. blueprint or otherwise or incorporation into anv udomtnlion rctri val system without first receivine written aonroval from 111 SPACESAVER INTERMCUN FAIN LLc 249 South 400 East (801) 363-5882 main Sall Lake City. UT 84111 (801) 359-4326 fax www.Spacesaverl M.com Plan View Project Name: National City Police Project #: 78683 Drawn by: Melee E. Date Printed: 01/23/2019 Scale Rev level: APPROVAL This drawing Approved By Dated Coovrieht *CD 2018 Sr r Cornoration. This matennl is nropnetary and confidential. and the disclosure reproduction by ohotoet m. blueprint or otherwise or incorporation into any information retrieval system without first receivim 1 approval from 20'6' 30' 30' 30" 30' 30" 30" 30" 36" A / A A A 1 A A A A 3'0" 30' 30" �. 4 37 tar A 67114" /1 A 37 U6' 3'2 3r4" SPACESAVER INTERMOUN AIN Lt_c 249 South 400 East (801) 363-5882 main Salt Lake City, UT 84111 (801) 359-4326 fax www.SpacesaverIM.com A A Project Name: A 30' . 30' 30' A A Plan View National City Police A A A A A Am A A • A A A A A - - - - — -- a r - 30' / At 1 AC a < A A 30' 30' ' 30' 30" 3r 158" Project #: 78683 Drawn by: Melee E. Date Printed: 01/23/2019 3/16" = 1' Rev level: 36" 30' 30" 30" 30" 30" 30" 30" re 2C 36" 27'6' APPROVAL 1 This drawing Approved By: Dated Coovncht (0 2018 Spacesaver Corporation. This matenal is oroprictary and confidential_ and the disclosure reproduction by nhotoemnhv. film. blueprint or otherwise or incorporation into anv information retrieval system without first reccivine written approval from 111 SPACESAVER INTERMOUNTAIN tic 249 South 400 Eatl (801) 363-5882 rnce Seel lako C11y. UT 84111 (001) 359-4326 l x www.SpacosovorlM.com H92" H92" 84'x30" d24" 84"x24" d24" A Elevations FreeStyle Lockers w/ Bench - Slopped Tops w/ HVAC Chimney - Electrical - Modular Shelf - Hanger Shelf -Adjustable Perforated Shelf - Two Hooks on Door - Hasp Lock - Body Armor Ventilation Rack in Drawer Project Name: National City Police Project it 78683 Drawn by: Melea E. Date Printed: 01/09/2019 Sale 3/8"=t, Rev level: APPROVAL This drawing Approved By Dated Copyright C 2018 Spe:nerrocr Corporation. This material is propricterl end confidential. mrd the disclosure reproduction in photography. fibs, blueprint or otherwise or incorporation into eey infarmetion retrieval system txihrout first !Inswing .mien approxal from Spaccsaym Intermountain LLC is expressly prohibited by law. --- OPYRIOHT G 2912 SPAC ATTACHMENT "D" ORDINANCE NO. 2005 — 2262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 2.60 PERTAINING TO PUBLIC CONTRACTS AND PURCHASING SYSTEM BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Chapter 2.60 is amended in its entirety to read as follows: Chapter 2.60 PUBLIC CONTRACTS AND PURCHASING SYSTEM Sections: 2.60.010 Purpose and Intent 2.60.020 Authority of city manager —approval authority 2.60.030 Purchasing agent —Designation —Authority 2.60.035 Establishment of bid limits and contracting and award authority 2.60.040 Purchasing agent —Powers and duties 2.60.050 Exceptions to centralized purchasing 2.60.060 Estimates of requirements 2.60.070 Requisitions 2.60.080 Purchase order —Encumbrance of funds 2.60.090 Standardization of supplies 2.60.100 Unauthorized purchases 2.60.110 Formal bidding procedure --Generally 2.60.115 Procurement Specifications and "Brand names" 2.60.120 Formal bidding procedure —Notice inviting bids 2.60.130 Formal bidding procedure —Bidder's list 2.60.140 Formal bidding procedure —Bidder's security 2.60.150 Formal bidding procedure --Bid opening 2.60.160 Formal bidding procedure --Compilation of bids and recommendations 2.60.165 Protests 2.60.170 Formal bidding procedure— Action following recommendation 2.60.180 Formal bidding procedure-- Rejection of bids 2.60.190 Formal bidding procedure —Tie bids 2.60.200 Formal bidding procedure —Performance bond 2.60.210 Open market procedure --Used when --Informal bidding required 2.60.220 Open market procedure --Exception to bidding requirements 2.60.230 Emergency purchases --By purchasing agent —Emergency defined 2.60.240 Emergency purchases --Civil defense and disaster 2.60.250 Services, supplies and equipment not governed by this chapter 2.60.260 Cooperative purchasing 2.60.270 Authorization and change orders for professional services agreements and public works contracts, and for previously authorized procurements 2.60.280 Periodic review and Index Adjustments 2.60.010 Purpose and Intent. The City Council adopts a public contract and purchasing system through this chapter in order to establish efficient procedures for the purchase of supplies, equipment, materials and professional and other services at the lowest possible cost at the best value commensurate with the quality needed, to exercise positive financial control and assure quality of procurement and to clearly define the authority for purchasing and contracting functions. 2.60.020 Authority of city manager —Establishment of contracting authority. A. Centralized purchasing and contracting is established under the authority of the city manager for the purchase of supplies, equipment and professional and other services. The city manager shall have and may exercise all authority delegated in this chapter, and may further approve alternate methods of procurement on a trial basis and recommend changes to the city council regarding the city's procurement methods. B. The city manager shall have the authority to approve and execute contracts and awards as set forth in section 2.60.035. 2.60.030 Purchasing agent--Designation—Contracting Authority. A. Through the city manager, a purchasing agent may be designated to purchase supplies, equipment and services pursuant to this chapter on behalf of the city. The purchasing agent may assign employees to perform the functions and duties provided for in this chapter, with the concurrence of the city manager. B. Under the direction of the city manager, the purchasing agent shall have the authority to approve and execute contracts and awards as set forth in section 2.60.035. 2.60.035 Establishment of bid limits and contracting and award authority. A. Formal bid limits and requirements are established for purchases and contracts exceeding twenty-five thousand dollars ($25,000.00). Informal bid limits are established for purchases and contracts exceeding two thousand five hundred dollars ($2,500.00). 2005 Ordinance 2 Chapter 2.60 Public Contracts & Purchasing System B. The city manager shall have the authority to approve, execute and award purchases and contracts not exceeding twenty-five thousand dollars ($25,000.00). The purchasing agent shall have the authority to approve, execute and award purchases and contracts not exceeding fifteen thousand dollars ($15,000.00).The City Council shall, by resolution, approve all purchases and contracts exceeding twenty-five thousand dollars ($25,000.00). C. Bid limits and approval authority may be increased as provided in section 2.60.280, when approved pursuant to Ordinance. 2.60.040 Purchasing agent —Powers and duties. The purchasing agent shall have the following powers and duties: A. Negotiate, purchase and obtain supplies, contractual services and equipment used by the city in accordance with city and state law and the various rules, regulations and authority currently or previously prescribed by the city manager and city council; B. Procure for the city the needed quality in supplies, services and equipment at the best value to the city, utilizing such technical or functional specifications, or combination, as will best meet the city's requirements; C. Discourage uniform bidding and endeavor to obtain full and open competition on all purchases; D. Prepare and recommend to the city manager rules and regulations governing purchase of supplies, services and equipment for the city, and revisions as necessary; E. Keep informed of current developments in the field of purchasing, pricing, market conditions and new products, and secure for the city the benefits of research done in the field of purchasing by other govemmental jurisdictions, national technical societies, trade associations having national recognition, and by private businesses and organizations; F. Prescribe and maintain such forms as are reasonably necessary for the operation of the purchasing system, and utilize electronic data processing and technology in the administration and discharge of procurement and contracting duties; G. Prepare and maintain a vendors' catalog file, or, as appropriate, utilize and maintain electronic database files and the Internet media for procurement; H. Exercise proprietary review over all purchases and make recommendations to the city manager as appropriate. I. Utilize electronic data management systems and programs in coordination with the finance and information management directors for requisition, invoice management and payment. J. Promulgate rules and procedures as may be necessary to implement this Chapter. 2.60.050. Exceptions to centralized purchasing. The purchasing agent, when authorized by the city manager, may authorize a department to directly purchase supplies and equipment when such purchases may be made more advantageously or expeditiously by the respective department. 2005 Ordinance 3 Chapter 2.60 Public Contracts & Purchasing System 2.60.060 Estimates of requirements. The purchasing agent may request all using city departments or offices to file detailed estimates of their anticipated requirements in order to take advantage of volume or selective buying. 2.60.070 Requisitions. City departments or offices shall submit requests for supplies, equipment and services to the purchasing agent on standard requisition forms prescribed by the purchasing agent. The purchasing agent shall examine each requisition and estimate and shall have the authority to revise it as to quantity, quality or estimated cost; provided, however, that any change in quality does not vary substantially from the standards of the using department or office. 2.60.080 Purchase order --Encumbrance of funds. Except in cases of emergency or when otherwise authorized by the city manager, all purchases, other than those made pursuant to section 2.60.050, shall be made by purchase order issued by the purchasing agent upon certification that: A. There is to the credit of each using department concerned a sufficient unencumbered appropriated balance in excess of all unpaid obligations to defray the amount of the order; or, B. The order is provided for in the budget of the using department or has been approved by city council resolution; or, C. Purchases of capital equipment and assets or services, if not provided for in the budget, have been previously approved by city council resolution. 2.60.090 Standardization of supplies. The purchasing agent shall standardize procurement of supplies, equipment and material in cooperation with using departments. 2.60.100 Unauthorized purchases. No city officer or employee shall order or purchase any supplies, equipment, materials or contractual services or make any contract within the purview of this chapter, except in accordance with the provisions of this chapter, the regulations and procedures established thereunder and the approval of the purchasing agent. Any purchase or contract made contrary to this chapter is null and void. 2.60.110 Formal bidding procedure--Generallv. A. Except as provided in sections 2.60.110 (B) or 2.60.230, all city purchases exceeding the formal bid limit, as adjusted pursuant to section 2.60.280, shall be purchased only after a formal competitive bid process by formal written contract with the lowest responsible bidder submitting the best responsive bid, after due notice inviting bids. B. Formal competitive bidding may be waived by the city council, or the city manager within the limits of contracting authority, where it has been determined that: 1) competitive bidding is or would be impractical or impossible; 2) the circumstances are such that no obvious, ascertainable advantage to the city could result; or, 3) in the case of technology and computer systems and software acquisition, delay would unduly impair or jeopardize the city's ability to efficiently operate its data management systems. 2005 Ordinance 4 Chapter 2.60 Public Contracts & Purchasing System 2.60.115 Procurement Specifications and "Brand names". A. The purchasing agent shall ensure that the procurement of city systems and equipment is made by technical or functional specifications, or such combination thereof as the purchasing agent shall determine will best meet particular functional needs or objectives required by the city. The requesting department shall be responsible for preparing adequate specifications, with the assistance of the purchasing agent when necessary. B. Specifications shall normally describe a system or commodity in terms of its dimensions, physical characteristics, performance criteria, system compatibility, maintenance objectives and requirements, adaptability criteria, and any other factors that will allow a particular item to be offered by a vendor at a stated price. Specifications may include reference to a brand name and type or model for illustrative purposes on an "or equal" basis. When described in an "or equal" manner, the description shall be construed as a term of specification which describes an item or component that has been evaluated by the city as best meeting the specific operational, design, performance, maintenance, quality, compatibility or reliability standards and requirements of the city, thereby incorporating these requirements by reference within the specification. Whenever possible, at least two brand names should be used for specification purposes, followed by the words "or equal". Exceptions to an "or equal" designation are permissible for replacement parts, for testing and evaluation purposes, or for system compatibility. A bid offering an equivalent ("or equal") shall be subject to evaluation by the city prior to award that the item meets the city's requirements. Any product testing shall be at the bidder's expense, and the burden shall be on the bidder to establish that the item meets the city's needs. The city reserves the right in its absolute and sole discretion to reject a proposed item that does not meet city requirements. C. Functional specifications may be issued to allow for a particular operational or functional need to be best met by current technology, without the need for specific description of each component. Specifications shall include, as applicable, the particular functions to be served or the results to be obtained, operational requirements, any fiscal, mechanical or structural constraints, and the operating environment. 2.60.120 Formal bidding procedure —Notice inviting bids. When formal bidding is required, a notice inviting bids for city specifications shall be published by the purchasing agent at least ten calendar days before the date set for the receipt of bids designated in the notice. All notices shall be published by the purchasing agent in a commercially reasonable manner, using any appropriate mediums of printed or electronic commerce which, in the opinion of the purchasing agent, are reasonably likely to ensure an optimum bidding process. 2.60.130 Formal bidding procedure —Bidder's list. The purchasing agent shall also solicit bids from all responsible prospective suppliers who have requested to be placed on a bidder's list. The bidder's list may be kept in an electronic format. 2005 Ordinance 5 Chapter 2.60 Public Contracts & Purchasing System 2.60.140 Formal bidding procedure --Bidder's security. The purchasing agent may require each bidder to post security in a predetermined amount in cash, certified or cashier's check, surety bond or in any other form of security approved by the city attorney. If a bidder's security is required, no bid shall be considered submitted until the required security is submitted therewith. All bidders' security is refundable, except that a successful bidder shall forfeit the deposited security if the bidder fails to execute a contract within ten calendar days after notice of award has been mailed or given, or fails to otherwise complete the transaction. 2.60.150 Formal bidding procedure —Bid opening. Bids shall be submitted to the purchasing agent or designate. Bids may be opened in public, when so designated by the purchasing agent in the public notices. All bids must be signed by an authorized signatory of the bidder. The purchasing agent may accept electronic or facsimile signatures on electronically submitted bids, when followed up by receipt of an original signature. 2.60.160 Formal bidding procedure —Compilation of bids and recommendations. A. The purchasing agent shall compile the bids and submit them to the city manager together with a recommendation for award, taking into consideration any recommendation of the department head involved, the amount of bid, compliance with specifications, the responsibility of bidder, and any other factors that determine the best value and optimum procurement for the city. In determining the responsibility of the bidder to perform and provide best value, the purchasing agent will be guided by, but not be limited to, a consideration of the following factors: 1. The experience of the city in dealing with the bidder; 2. The experience of other governmental agencies in their previous transactions with the bidder; 3. Knowledge of the quality and fitness of the product offered by the bidder, substantiated by reports of using departments within the city or other governmental agencies, whenever possible; 4. The availability of options to renew contracts for continuing purchases at the same bid price, in those circumstances where price increases are expected or have been experienced in the past; 5. A determination as to whether the quoted price represents "best value" for the city, and is both realistic and feasible in terms of vendor performance and potential city satisfaction. "Best value" shall include consideration of sales tax rebate, when applicable, warranty protection, costs of maintenance and availability of parts and services. B. Within the limits of their contracting authority, the city manager or the purchasing agent may reject any or all bids or accept a part of a bid for any one or more commodities or contractual services included in the proposed contract, when it is determined that the public interest will be best served thereby. The purchasing agent may waive any irregularity in bid submission when it is in the best interests of the city to do so. 2005 Ordinance 6 Chapter 2.60 Public Contracts & Purchasing System C. Upon compliance with the formal competitive bidding process, the city manager is authorized to award and execute contracts within established approval authority, and any contracts exceeding that authority for a procurement previously authorized in the budget or by resolution of the city council. D. The city manager shall forward the compilation of bids and recommendations with respect to any awards exceeding his or her authority to the city council for review and award. E. Documents submitted by bidders shall not be available for public review until the purchasing agent or city manager awards the contract, or a recommendation is forwarded by the city manager to the city council for award. 2.60.165 Protests. Protests conceming an award or proposed award may be presented by an unsuccessful bidder to the purchasing agent in writing, only within the five days following the announcement of award or the bid opening, whichever shall occur last. Any protest filed after that time shall be invalid and shall be disregarded. A protesting bidder must submit complete supporting documentation at the time of protest. The purchasing agent shall determine whether the protest is justified, and may either amend or rescind the award, if justified, and take no action when the protest is not justified. The decision of the purchasing agent shall be final regarding the recommendation for the award of the contract, except that the city manager may review and take further action on any timely filed protest, or forward the protest to the city council when authority for award rests with the council. 2.60.170 Formal bidding procedure— Action following recommendation. The city council, or the city manager within authorized limits, may award a contract to the lowest responsible bidder submitting the best value bid that optimally meets the city's criteria in all respects. The decision to select the lowest responsible bidder shall be administratively final at the level where the award of the contract is authorized. 2.60.180 Formal bidding procedure-- Rejection of bids. The city council, or the city manager within authorized limits, may reject any or all bids and authorize the readvertising of bids or, in the alternative, purchase commodities or services pursuant to the open market procedure set forth herein, when any of the following circumstances are found to exist: A. That the supplies or services may be purchased at less cost in the open market; B. That the services or supplies are urgently required for the preservation of life, health or property or that the public interest would be best served by using the open market procedure; or, C. That the city manager within contracting authority, or the city council by resolution, has determined that it is in the city's best interests to do so. 2.60.190 Formal bidding procedure —Tie bids. In the event two or more bids are received which are for the same total amount or unit price and in all other respects are equal, the contract may be awarded to a local bidder, or by draw when there is no local bidder or more than one local bidder is available. 2005 Ordinance 7 Chapter 2.60 Public Contracts & Purchasing System 2.60.200 Formal bidding procedure --Performance bond or security. The purchasing agent may require a performance bond or other form of security in an amount reasonably necessary to protect the best interests of the city. If a performance bond or security is required, the form and amount shall be described in the notice inviting bids. 2.60.210 Open market procedure --Used when informal bidding required. Purchases of supplies, services and equipment of an estimated value not exceeding the formal bid limit, as adjusted pursuant to section 2.60.280, may be made by the purchasing agent in the open market without observing the formal bidding procedure prescribed in Section 2.60.110 through 2.60.200. However, informal bidding shall be required, and, whenever practicable, shall be based on at least three bids, and be awarded to the lowest responsible bidder submitting in all respects the best bid for best value. When it is not practicable or possible to obtain bids from at least three vendors, the purchasing agent may then select the lowest responsible bid from those available and qualified vendors submitting responsive bids. The purchasing agent may solicit bids by direct mail request to prospective vendors, by telephone, by public notice on a bulletin board in the civic center, by any feasible electronic medium, or by any combination of the preceding. The purchasing agent shall keep a record of all purchases in accordance with the city records retention schedule, and such records shall be open to public inspection. 2.60.220 Open market procedure --Exception to bidding requirements. In any of the following instances, the city manager or purchasing agent may dispense with the requirements of bidding when any of the following applies, provided the circumstances are completely documented: A. The estimated amount involved is less than the informal bid limit; B. The commodity, regardless of value, can be obtained from only one source. Sole source procurements may be used when there is only one source from which a particular commodity is available and there is no adequate substitute. Sole source procurement may also be used when it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet an urgent city procurement need. C. The commodity or service to be procured, regardless of value, is required to integrate with or be compatible with existing furnishings, materials, systems, programs or equipment and the procurement can be timely made from a manufacturer or supplier who previously satisfactorily supplied the particular commodity or service. D. The purchasing agent or city manager within the limits of contracting authority, or the city council by resolution, determines by best business judgment that due to special circumstances it is to the city's best interest to purchase a commodity directly or enter into a contract without compliance with the bidding procedure; or, E. Due to the exigencies and availability of state and federal grants, immediate action is necessary to take advantage and allow receipt of those grants for procurement of equipment, materials or services, and compliance with the normal time limits established within this chapter would therefore be impossible or impracticable; 2005 Ordinance 8 Chapter 2.60 Public Contracts & Purchasing System provided, however, that the city manager shall notify the council at the first available opportunity thereafter; or, F. A particular type or make of commodity, furnishing, and type of material, system or equipment has been standardized by the city manager or city council by written directive or resolution. 2.60.230 Emergency purchases —Emergency defined. A. In case of an emergency which requires immediate purchase of supplies, materials, equipment or contractual services, the city manager may authorize the purchasing agent to secure in the open market at the lowest obtainable price any supplies, materials, equipment or contractual services, regardless of the amount of the expenditure, provided, however, that any expenditure exceeding the city manager's established approval authority shall be later ratified by resolution of the city council after the emergency is resolved. B. In case of emergency, and when the prior consent of the purchasing agent or city manager is impracticable, any using department may purchase directly any supplies, materials or equipment without competitive bid, provided that the immediate procurement is essential to prevent delays in the work of the using department which may affect the life, health or convenience of citizens. The head of the using department shall send the purchasing agent a requisition and a copy of the delivery record, together with a full written explanation of the circumstances of the emergency as soon as the emergency has been resolved, which shall thereafter be filed by the purchasing agent as a permanent public record of the purchase. The city manager's signature shall be required on all procurements exceeding the formal bid limit, and the city council's action by way of ratification shall be required for all procurements exceeding the city manager's authority. C. Determination of an "emergency" under this section shall be defined as any breakdown in machinery or equipment, the interruption of an essential service, or any threat to public health, safety or welfare. Determination of emergency shall not require a forrnal proclamation, but shall be based upon the sound judgment and discretion of the city manager or purchasing agent, as applicable. 2.60.240 Emergency purchases --Civil defense and disaster. Nothing contained herein shall limit the authority of the director of emergency services to make emergency purchases and take such other emergency steps as are or may be authorized by the city council 2.60.250 Services, supplies and equipment not governed by this chapter. The following services, supplies and equipment shall not be subject to the competitive bidding provisions of this chapter, except that the procurement and contracting authority based on the monetary limits specified in this chapter shall also be applicable to the authority to execute contracts for such procurements. A. "Public projects" as defined in Section 20161 of the California State Public Contract Code; B. Utility services and related charges; C. Work or services performed by another public or quasi -public entity; D. Real property purchases and related title and escrow fees; 2005 Ordinance 9 Chapter 2.60 Public Contracts & Purchasing System E. Credit card purchases of gasoline, oil or emergency automotive needs; F. Transportation and freight charges when not specifically included on a purchase order; G. Insurance and bond premiums; H. Advertising; I. Real property leases; J. Demolition or abatement of dangerous structures or hazardous or unsafe conditions; or, K. Professional services agreements govemed by section 2.60.270. 2.60.260 Cooperative purchasing. The purchasing agent shall have authority to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the city. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the city's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the city had not initially joined with that public agency in the cooperative purchase. 2.60.270 Authorization and change orders for professional services agreements and public works contracts, and for previously authorized procurements. In addition to the authority granted for procurement of supplies and equipment, the city manager is authorized to execute public works contracts, agreements for professional services for architectural, engineering, environmental, land surveying or construction project management pursuant to Section 4526 of the Govemment Code, and agreements for services of other professionals required for the proper, efficient administration of the city. The city manager shall approve and execute all contracts according to the limits of the manager's approval authority established in section 2.60.035, and may approve change orders for previously authorized procurements of supplies and equipment, professional services agreements, and public works contracts in amounts not exceeding an aggregate of ten percent (10%) over the original authorized contract price or the limits established in section 2.60.035 for the city manager, whichever is greater, without prior city council approval. Engagement of qualifying professional vendors shall be based upon demonstrated competence and the qualifications necessary for the satisfactory performance of the city's requirements in accordance with the procedures set forth in the document entitled "Procedures for Selection of Professional Services Firms" on file in the office of the city clerk. 2.60.280 Periodic review and Index Adjustment. The bid limits for formal and informal bidding and award and the authority of the city manager and purchasing agent may be adjusted annually in response to the San Diego -All Urban Consumers Consumer Price Index (CPI). The purchasing agent shall calculate the effect of the cumulative change in the CPI to authorized bid limits. Adjustments to the formal bid limit will be made in five thousand dollar increments whenever the calculated value 2005 Ordinance 10 Chapter 2.60 Public Contracts & Purchasing System exceeds a previously set limit by more than twenty-five hundred dollars. Adjustments to the informal bid limit will be made by one thousand dollar increments whenever the calculated value exceeds a previously set bid limit by more than five hundred dollars. The contracting authority of the city manager and purchasing agent and other limits set forth in this chapter may be adjusted upwards accordingly, pursuant to Ordinance. PASSED and ADOPTED this 3`d day of May, 2005. Ninzunza, ayor ATTEST: City y Clerk c ael R. Dail , APPROVED AS TO FORM: George H. Eiser, III City Attorney 2005 Ordinance 11 Chapter 2.60 Public Contracts & Purchasing System Passed and adopted by the Council of the City of National City, California, on May 3, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City Clerk of the ity bf National City, Califomia By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on April 19, 2005, and on May 3, 2005. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2005-2262 of the City Council of the City of National City, passed and adopted by the Council of said City on May 3, 2005. City Clerk of the City of National City, California By: Deputy oaa‘lakNct, `ks• aoa nooeAEo %x(on/0.s "PROCEDURES FOR SELECTION OF PROFESSIONAL SERVICES FIRMS" I. BACKGROUND Professional consultants are retained by a public agency to augment the agency's professional capabilities during peak workload periods or other critical periods and/or to provide specialized services not presently available to the agency. The procedure to evaluate the need for and selection of consultants should be standardized to insure the product of service is of the highest quality in relation to available funding. Consultant services may be performed by individuals licensed by the State of California (such as, Architects, Land Surveyors, Civil, Mechanical or Electrical Engineers, Engineering Geologist, etc.) or by individuals for which such licensing is not a requirement. II. PURPOSE This regulation establishes policies and procedures governing the selection of professional consultants in the performance of the City work. This policy is issued so that the City may continue to recognize and maintain the professional status of those offering professional services. It embodies the standards, accepted procedures and ethics of the national and local societies and organizations of those professionals which will be required to provide services to the City of National City. III. 'OLXCY It is the City's policy to award contracts for professional services of architects, landscape architects, designers, licensed engineers, surveyors, and construction managers to the firm or individual professional found best qualified to perform such contract at a fair and reasonable cost, and to comply with the letter and spirit of public contract laws. Historically and universally, many professional societies have resisted the practice of bidding to provide services. Such a practice implies that the consideration of price rather than quality and service may be a predominant factor in the selection of the consultant. While equipment and construction work (complying with comprehensive specifications) is usually purchased on the basis of competitive bids, it is not reasonable to apply the same procedures for obtaining professional services. A client that "buys" professional services by competitive bid has no realistic basis on which to compare the value of what he will obtain. It is not in the public interest, therefore, to solicit bids for such services. 1 Professionals have unique expertise in their own disciplines based upon working relationships with many clients with widely differing approaches to problem solving. Each has encountered many and varied problems which provide for a vast accumulation of data and information based upon actual experience. This knowledge and experience is often directed in a specialized area. Payment of a reasonable and adequate fee for such knowledge and experience assures the recipient of a comprehensive and technically satisfactory professional service. It shall be the policy of the City to negotiate agreements for professional consulting services on the basis of demonstrated competence and qualifications for the type of professional consulting services required at fair and reasonable fees. IV. PUBLIC NOTICE A. CONSULTANT REGISTER The Engineering Department of the City of National City in June of each year, shall publish a notice in the City's official newspaper or in a technical publications of the City's anticipated needs during that fiscal year for professional services from architects, landscape architects, designers, licensed engineers, surveyors, construction managers, and management consultants. Such notice shall encourage all persons or firms interested in being considered as such professionals on any or all of such projects to submit to the City statements of qualifications and performance data. This information may be submitted in standard Federal Forrn #255 for each category of work, This information may be placed in the City's register of consultants. If, during the course of the year, the City determines that it is advantageous to supplement the existing list of interested consultants, the Engineering Department will advertise for additional firms. Firms responding to this ad will then be added to the existing lists. B. ADDITIONAL NOTICE For professional service contracts which are anticipated to exceed S50,000 in fees, or where the proposed work is deemed to be highly complex, the Department's Director may publish an additional notice thereof, stating the primary criteria to qualify to provide such services and stating the project schedules and expected budget for construction and requesting Statements of Qualifications (SOQ) and/or Request for Proposals (RFP). 2 Additional announcements and requests for public proposals may be made in the newspaper(s) of general circulation and one or more of the following methods: 1. Notification through applicable professional organizations and journals. 2. Notification by letter, based upon a list kept by the City, to all applicable firms who have stated that they are interested in providing service to the City. C. REQUEST FOR QUALIFICATIONS (RFQ) A request for qualifications (RFQ) when it is required should be sent out to generally three (3) to (10) consultant firms most qualified to provide the services required as shown in the City's register. The City may, at its option, send the RFQ to all consultants shown in the City's register. The RFQ provides a complete description of the type of problem involved, the required submittals in responses to the RFQ, and the selection procedure. The City should require the submittal of a supplemental statement of qualifications related to the specific project under consideration. This information may be submitted in a format similar to Federal Form #255, or equivalent. In general, the consultant is nit required to submit a detailed scope of work and proposed fee in response to the RFQ. V. METHOD OF SELECTING A PROFESSIONAL CONSULTANT A. Major Projects - Anticipated Fee of Oyer $50.00 a. The appropriate department's director (or its equivalent) will notify the professional community through advertisement in a newspaper or by other means, of the Agency's proposed project and its need for professional services. Interested Consultants will be invited to obtain a Request for Proposals (RFP) from the City. b. The Request for Proposals will contain a description of work to be done, the estimated project budget, and other pertinent information regarding the project. The Request of Intent will define the specific questions about items addressed in the proposal and selection criteria to be used. c. The consulting firm shall submit a proposal containing GSA forms 254 and 255, and address the project specific issues delineated in the RFP. Question responses regarding the firm's technical perspective of the project are strictly limited to brief statements addressing the consultant's general concepts and 3 approach to the project. Detailed, voluminous design information is not desired and will not be considered in the selection process. d. A short list of at least three (3) firms shall be developed by an in-house selection committee. e. Those consultants short listed will be formally invited to make presentations before the in-house selection committee. All interviews should be conducted by the same people and should be completed in the same day. f. The selection committee may interview the consultants' project manager together with the City's contact person and any other key personnel (performing 50% or more of the project tasks) including the designer, if applicable, of the most qualified firms. The rating of the consultants should be based on the professional qualifications necessary for the timely and satisfactory completion of the project. The following criteria are suggested for use in the final rating process. 1. All qualifications and performance data submitted by the consultant relevant to the project team, including a verification of data and references. 2. Demonstrated understanding of the scope of the project as evidenced in the oral interview and/or in the written submittals. 3. Consultant's demonstrated capability to explore and develop innovative or advanced techniques or designs. 4. Consultant's past record of performance in similar projects related to control of costs, quality of work, meeting schedules, and the number and type of construction change orders (if applicable). 5. The present workload of the firm and the availability of staff for the project. 6. Familiarity with the City's design and construction specifications and procedures. 7. City's prior experience with the consultant. 8. Familiarity with the geographical area of the project. 4 9. Consideration of distribution of contracts on an equitable basis among the most qualified firms on the register. 10. Specialized equipment available to the consultant which are relevant to the completion of the project 11. Financial responsibility of the consultant. 12. Other criteria as established by the City or specific to the project. 13. If a project, program, or study is of a nature of a continuation or expansion of a previous project, program or study, then the firm that had the previous contract may be given higher priority for consideration. 14. An evaluation of the quality and completeness of the qualification statement or proposal submitted. 15. Firms with offices located in San Diego County will be given favorable consideration over firms who do not have offices within San Diego County, unless such firms have participated by invitation. 16. Individuals within the consultant's organization who will have direct charge of the work. 17. Whether consultant has adequate staff to perform the work within the time allowance. 18. The ability of the consultant to make effective public presentations of the report and/or design as may be required. 19. The ability of the consultant to work effectively with City staff, other public agencies, and related parties as may be required during the course of the design, study, or other technical services. 20. Pertinent new ideas which may be presented by the consultant during the course of the selection process. g. 21. Demonstrated continuing interest by the consultant in the success, efficiency, and workability of facilities he has designed during construction and after they are placed in operation. 22. Ability of the consultant to furnish adequate and effective construction supervision services. The selection committee shall determine, based on a weighted rating form, or other format, the top three (3) consultant firms (if that many are determined to be qualified). The number one selection may be requested to prepare a preliminary, detailed scope of work, time schedule and anticipated fee for use in the contract negotiation phase. h. The department director should appoint an ad hoc committee for negotiation of the scope of work and consultant compensation. It is recommended that the committee consist of one or more staff personnel directly involved in the project. However, depending upon the scope and nature of the project, a single individual may be designated for the negotiation phase. It is suggested that the agency develop independent estimates of the cost of the required services prior to the start of negotiations. In addition, in order to verify that the consultant's fees are fair and reasonable, it is suggested the consultant submit a detailed fee estimate based upon: 1. The tasks to be performed in accordance with the scope of work. 2. The man-hours allocated to each task. 3. A breakdown of the employees and professionals, to be assigned to the tasks, the average hourly rates of each, and the man-hour costs assigned. 4. "Fixed fee" or "cost plus fixed fee" (if applicable). The agreement may provide for differing methods of compensation based upon the type of work to be performed. "Per diem" or hourly compensation is the general rule when specific scope of work is yet to be determined. This type of compensation should carry a stated maximum amount which will not be exceeded except by prior approval. Fixed fee or cost phis fixed fee compensation is commonly used after scope of work has been explicitly identified. Where the scope of work cannot be defined or the exact duration of the work cannot be determined, a "per diem" compensation or a "cost per unit of work" compensation may be utilized. Other forms of compensation may also be utilized as approved by the City. Compensation is paid for services as performed, rather than in advance. All agreements for professional services shall pay particular attention to the management phase of the resulting contract A single project manager shall be designated by the consultant, and a liaison manager shall be designated by the department for purposes of contract administration. In addition, affirmative action clauses to further published City goals and policies shall be an integral part of professional contract administration. Late responses or untimely responses by prospective candidates shall not be considered for further action. The ability to respond to an invitation for consideration in a timely and responsive manner is essential to a future satisfactory contract relationship. The department shall insure that the other departments which have a proper interest in the work under consideration are kept informed as to the progress of the work and that user decisions and desires are constructively considered within the constraints of financial and practical limitations. If agreement with the consultant cannot be reached with the number one selection, the negotiations are terminated. Then negotiations are opened with the second choice and the process is repeated. Once negotiations are terminated with a consultant, the agency should not reopen negotiations with that consultant during this process. If agreement cannot be reached with any of the selection committee recommendations, the selection committee will be asked to make additional recommendation, or hold additional oral interviews, as necessary, to establish a new list of additional qualified consultants. i. The appropriate department director presents the negotiated agreement to the City Council for approval of the selection and of the proposed contract. Post Contract Evaluation The department director shall prepare an evaluation of the performance of every professional consulting firm retained for a contract addressed by this policy. This evaluation should address such factors as: 1. The actual fees required as compared to the original contract amount. 2. The actual time of performance as compared to the original contract requirements. 3. The actual construction contract amount as compared to the firm's estimate of cost (if applicable). 4. The number of construction change orders required (if applicable). 5. The quality of the final project, program, or study. This information shall be maintained on file for reference purposes in future contract awards. Further, it shall be open for review only to the subject fine who may tender any observations felt to be appropriate as a matter of record in such files. k. Exceptions The above policy and procedures do not apply to the following services: 1. Contracts, administered by another agency, to which the City of National City is signatory. 2. Services of an emergency nature. 3. Materials laboratory testing services, such as: Soils, asphalt paving, and concrete testing. 4. if the project is of a nature of a continuation or expansion of a previous project or contract, only Section f. through Section h. of this policy need apply. 5. Contract services for furnishing temporary employees that are supervised directly by a City employee. 6. Consultants in subcontracting capacity. B. Intermediate Projects - Fees of $15.000 to $25,000 Follow the procedure under major projects utilizing a review committee composed of qualified staff personnel and consider no less 8 than three (3) qualified firms or individuals. On occasion, for an unusual project which poses special problems beyond the scope previously encountered by City staff personnel, the review committee may be augmented by an unbiased qualified member of the profession being considered. The appropriate department director presents the selection and the proposed contract to the City Council for approval. C. Minor Prgjeets - Fees Less than $15,000 Department directors shall maintain a current file on qualified professional consultants in various categories. When selecting a consultant to provide services on a specific project, the department director, in addition to capability and qualifications, considers consultants on a rotational basis whenever feasible. This selection is subject to the negotiation procedure. A scope of work and corresponding compensation method will then be negotiated with the consultant. Upon attainment of an agreement, the agreement can be executed by the City Manager or Department Director. VI. REQUIREIVTENTS OF TIIE PROFESSIONAL CONSULTANT: 1. Contractual work. a. Consultant's work shall be of the highest professional standards. b. Consultant shall complete the specific scope of work contracted for within the time frame outlined in the consultant agreement. 2. Change Orders a. Where a Change Order arises as a result of an error or omission of the Consultant, Consultant shall not be compensated for the extra services or for time spent, or for cost incurred in efforts connected with the correction of said error or omission. b. The Department Director is authorized to approve change orders up to 10% of the contract amount, or up to a maximum of $7,500 per change order, whichever is less. 9 pec c. If any error or omission of the Consultant results in identifiable damage to the City, or increases the project cost, the Consultant shall be responsible for the cost of such damages or increased costs. 10 ORDINANCE NO. 9 5- 2 0 9 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING PROCEDURES FOR SELECTION OF PROFESSIONAL FIRMS WHEREAS, Section 4526 of the California Government Code states that selection by a local agency of professional services by private architectural, landscape architectural, engineering, environmental, land surveying and construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required; and WHEREAS, Section 4526 further provides that in order to implement this method of selection, a local agency contracting for such professional services may adopt, by ordinance, procedures that assure that these services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the local agency. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City that the City Council does hereby adopt that document entitled "Procedures for Selection of Professional Services Firms," containing procedures for selection of private architectural, landscape architectural, engineering, environmental, land surveying and construction project management firms in compliance with Section 4526 of the California Government Code. Said document is on file in the Office of the City Clerk. ATTEST: PASSED and ADOPTED this 7 t h day of November , 1995. Anne Peoples, City Jerk APPROVED AS TO FORM: /)"/ George I Eiser, III City Attorney George H. Waters, Mayor Passed and adopted by the Council of the City of National City, California, on November 7, 1995, by the following vote, to -wit: Ayes: Council Members Beauchamp, Inzunza, Zarate, Waters. Nays: None. Absent: Morrison. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California l � ity Jerk of the City of National City, alifornia By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on October 24, 1995 and on November 7, 1995. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 95-2099 of the City Council of the City of National City, passed and adopted by the Council of said City on November 7, 1995. City Clerk of the City of National City, California By: Deputy RESOLUTION NO. 2019 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL CONTRACT NUMBER 031715-KII TO PURCHASE CUSTOMIZED LOCKERS FROM SPACESAVER INTERMOUNTAIN, LLC BY AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WITH SPACESAVE INTEROUNTAIN, LLC TO PURCHASE AND INSTALL CUSTOMIZED SPACESAVER FREESTYLE LOCKERS TO REPLACE DILAPIDATED CURRENT LOCKERS AND EXPAND CAPACITY IN THE POLICE DEPARTMENT LOCKER ROOMS, IN THE AMOUNT NOT TO EXCEED $228,147.65, AND APPROPRIATE $228,147.65 BUDGET UNDER THE ASSET FORFEITURE FUND (131) WHEREAS, the purchase of a locker system for the male and female locker rooms are required to increase the capacity for storage of police uniforms and equipment of officers at the National City Police Department especially during extremely wet winter season, the police department experienced several days of flooding within the men's locker room because of water intrusion through planter beds outside the building; and WHEREAS, durable, high quality locker systems are available from just a few manufacturers in the United States through government cooperative purchase programs such as the National Joint Powers Alliance (NJPA), which allow for a direct purchase from any participating governmental agency in accordance with City of National City Purchasing Code section 2.60.260; and WHEREAS, National City Municipal Code Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City; and WHEREAS, the National City's Purchasing staff has confirmed that the Sourcewell (formerly National Joint Powers Alliance) based on their contract number 031715-KII withSpacesaver Intermountain, LLC was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that Sourcewell (formerly National Joint Powers Alliance) procurement procedures are in substantial compliance with the City's, and pursuant to Section 2.60.260 of the Municipal Code, authorizes the waiver of the bidding process to piggyback on Sourcewell (formerly National Joint Powers Alliance) to purchase customized mobile shelving from Spacesaver Intermountain, LLC, based on their contract number 031715-KII with Sourcewell (NJPA). Resolution No. 2019 — Page Two BE IT FURTHER RESOLVED that the City Council authorize the Mayor to execute an Agreement with Spacesaver Intermountain, LLC, to purchase and install customized lockers to expand capacity in the Police Department Locker Rooms in an amount not -to -exceed the amount of $228,147.65 and appropriate $228,147.65 budget under the asset forfeiture fund (131). PASSED and ADOPTED this 18th day of June, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Date: CONTRACT TRANSMITTAL FORM (Attach as cover sheet to Documents dropped off to City Clerk's Office) 1-P II From (Dept.): Nafibnal Gt%3 1i,ice Submitted by (First & Last Name): 1,.A1 Mvno?i On, hilidr i 001 ion Vendor: S aceSAY1vmvvrsv, Resolution: / NO Resolution No. (if applicable): 7014 go 1 2 1`t N� 4 Originals Provided to City Clerk (circle quantity) Department has Copy / Duplicate Original Vendor has Copy / Duplicate Original CAN pg 1,1111140 rowava (t: oy oul kb N&?P Ca1+i h 111. CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk September 24, 2019 Mr. Scott Christensen Project Manager Spacesaver Intermountain, LLC 249 South 400 East Salt Lake City, UT 84111 Dear Mr. Christensen, On June 18th, 2019, Resolution No. 2019-90 was passed and adopted by the City Council of the City of National City, authorizing execution of an Agreement with Spacesaver Intermountain, LLC. We are enclosing for your records a fully executed duplicate original Agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure