HomeMy WebLinkAbout2019 CON Spacesaver Intermountain- 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.
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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.
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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.
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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
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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
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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.
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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 fmished 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
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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 financial 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.
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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.
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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 NATION CITY SPACESAVER INTERMOUNTAIN, LLC
By:
Alejandra Sotelo-Solis, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
Nicole Pe one
Senior Assistant City Attorney
By: 71-7-40 , ,i,,ki
--
Russell Rowberry, Controller
By:
t
Dave Coiling, CEO
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City of National City and
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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 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 —
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
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 June2019.
Alejaridra Sotelo-Solis, Mayor
ATTEST:
7 i Michael Dalla, City Clerk
APPROVED AS TO FORM:
, (7
A . V .T"is-Jo , es
,� 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
( /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: P
PHONE: (619) 336-4514
EXPLANATION:
See attached.
APPROVED BY:
ent
'INANCIAL STATEMENT: APPROVED:J ) Finance
ACCOUNT NO. APPROVED: MIS
131-411-000-503-0000 (Furniture and Furnishings) $228,147.65
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:
ATTACHMENTS:
1. Explanation (Attachment "A")
2. Proposal/Quote (Attachment "B")
3. Final Layout Drawings (Attachment "C")
4. Resolution (Attachment "D")
.sal a* To. ab/1. yo
ATTACHMENT "A"
Background
The purchase of a locker system for the male and female locker rooms is required to
increase the capacity for storage of police uniforms and equipment of officers at the Police
Department. Additionally, 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.
Purchase of new lockers
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
govemmental agency in accordance with City of National City Purchasing Code section
2.26.260 (see discussion below in Method of Award). It is important to note that this
purchase and installation is not subject to the Public Contract Code, but instead, it is
subject to the City's Purchasing Code section 2.26.260.
Each product would require the manufacture to provide a layout that would best suit its
product specifications within the existing conditions of the locker room to achieve the
most efficient layout and use of space. This service is included in the purchase price of
mobile shelving. To provide adequate warranties, manufacturers require that they install
the lockers together at the site in its final location.
Importance of Selecting the Right Product and Companyfor the LockerRooms
Upgrade
The Police Department locker room operates under constant use, 24 hours a day, 365
days a year. The current locker rooms are the only location available within the City that
officers' storage of police service equipment (guns, ammunition, batons, pepper
spray and other necessary equipment). Any locker room upgrades must be done
while the men and women in the Patrol Division continue to operate in their day-to-day
routine, 24 hours a day, 7 days a week.
With this in mind, the selection of a police locker manufacturer and their product to
ensure an error free layout and product placement within an operating Patrol Division
locker room became extremely important and paramount in the process of upgrading the
storage capabilities of the locker rooms.
Furthermore, this will be the last time the police locker rooms storage will be upgraded
in the near future. The current plan maximizes all available space for current officers and
any additions of new officers to the Police Department building. Durability, warranty and
service reputation must be of the best quality available.
Selection Process
Although a majority of police locker systems have many similarities, each manufacturer
has their own particulars about their product that needed to be quantified and qualified
as suitable for use in the men's and women's locker room. Additionally, since each
manufacturer requires that they put the locker systems together, a complete background
check is required to ensure the continued integrity of the police department and locker
room operations.
The selection of the manufacturer of the locker system to be purchased for the locker room
was a thorough process conducted through a selection committee. A formal selection
process was established and a selection committee of representatives from the Police
Department management, Police Department staff, Engineering Department staff and
consultants were placed on the Selection Committee to perform the evaluation.
The Police Department mobile shelving purchase process was started December of 2018.
Staff contacted six locker supply companies who listed their capabilities to outfit police
departments. Of these six companies contacted from the list, 3 produced the kind of
locker units needed and all three were invited to participate in the selection process.
A numbered grading system was used and all documentation was cataloged and
preserved.
The selection process included:
• Individual site visits by each supplier to the Police Department locker room with
a tour and description of the goals of the new lockers.
• Review of the building floor plan where the locker system was to be installed by
each manufacturer.
• Individual presentations by each company to the Selection Committee followed
by Selection Committee questions.
• Submittals of comparative pricing of a sample typical layout of locker system by
each company.
• Reference checks and site visits to locations of recent system installations of
each company.
The information sought by the committee was by nature and degree impractical if not
impossible to obtain in a formal bid process. The selection process was more conducive
to a request for proposal process than a request for bid process. Informational items
sought included:
A) Quality. Quality of similar installations, durability of the product and ability to work
in an existing and functioning locker room environment is difficult if not impossible
to ascertain post formal bid. Due to the importance of the Police Department
locker room and the contents contained within, selecting a manufacturer that has
a proven track record of successful similar installations is of a much higher
relevance than other product purchases or installations. The reluctance of
referenced agencies to speak candidly in a post bid environment does not provide
the level of detailed information required for a proper evaluation. During the
evaluation process used, we found other agencies to be very candid and
forthcoming with their opinions and experiences with each manufacturer without
the pressure of a pending bid award at stake.
B) Ease of Use. Ease of use of the product for staff is very important as these products
will be used daily by staff and would directly affect their work efficiency. Similarly,
the ability to review products prior to installations of a low bidder after a formal
bidding restricts time and location limits to an evaluation process. The process
used allowed police staff members the proper amount of time to evaluate each
product by actually handling and using each product in a prior installation.
C) Price. Because the aforementioned reasons were of the utmost importance in
selecting a manufacturer, price would be only one factor in determining the overall
value of the product. Part of the challenge of using a formal bidding process was
to provide a biddable layout that maximizes the existing evidence room space using
generalized criteria. By simply bidding out the mobile shelving product the City
would have been required to make some fairly large assumptions as to the quantity
and placement of the units that may or may not have worked for the specific product
of the low bidder. This would have inevitably resulted in significant design and cost
changes based on a specific manufacturer's own design for their product within the
given space. Under the process used, each manufacturer was given a tour of the
locker room and was informed of the specific goals for the product. A smaller sample
size installation that represented a quantity of product that could provide an "apples
to apples" comparison was provided to each manufacturer to determine if there
were any great disparities in prices.
D) Availability through a cooperative purchase. Availability through a cooperative
purchase was important to this process. As allowed under the Purchasing
Ordinance it provides the City with the security of knowing that the price paid for
the products would be competitive and fair.
As a result of this process, Spacesaver Intermountain, LLC received the highest point total
from the committee as a whole. This recommendation was based upon the cumulative
results of the selection process as best value, most qualified to accommodate the special
needs of the locker room users ongoing operations and confidence in performing and
providing the best system.
Staff received an inquiry from one of the vendors that participated in the process
regarding the pending purchase of shelving from Spacesaver. Staff responded to the
inquiry and informed the vendor that the process used to select and purchase the
shelving conforms to the National City Purchasing Ordinance.
Method of Award
The National City Purchasing Ordinance provides for the purchase of items other than
through the traditional formal bidding procedures.
Under section 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.
The National Joint Powers Alliance is similar to the California Multiple Award Schedule
(CMAS} in that vendors have contracts in place that have already been competitively bid
and awarded to a govemmental agency. Spacesaver is a current Sourcewell, formally NJPA
vendor and National City is a current member. The Spacesaver contract number is 031715-
KII and the City of National City member ID is 49135. By taking advantage of Cooperative
Purchasing, the City is able to use prices that were that were established through a
competitive bidding process that is consistent with the city's procurement procedures as
well as avoid the time and expense of going through a formal bid procedure.
Proposed Purchase Order Price
The current price proposed by Spacesaver for the complete shelving system in place is
$228,147.65 per Sourcewell (NJPA) Contract#031715-KII.
Avoided Costs
Under a formal bid process the typical cost for providing a layout and bidding this
purchase is estimated at 10% of the ultimate purchase price. Additionally, as mentioned
above, due to peculiarities between each manufacturer the final layout would most
certainly change resulting in unknown extra costs. If City Council directs Engineering staff
to publicly bid out the police locker system, it is important to understand the schedule
impact on the overall Police Department project. The project would have to be re -bid to
include the locker system and specifications, and that would delay the beginning of
construction by approximately three months. We understand the Police Department
needs the improvements urgently.
Staff Recommendations
Staff recommends the City Council of the City of National City authorize, 1) the City (Buyer)
to utilize cooperative purchasing established through Sourcewell, formally the National
Joint Powers Alliance (NJPA), consistent with Municipal Code Section 2.60.260 for
cooperative purchasing, to purchase customized mobile shelving from Spacesaver
Intermountain, LLC, based on their contract 031715-KII with Sourcewell (NJPA); and 2) the
Mayor to execute an Agreement with Spacesaver Intermountain, LLC, to purchase and
install customized mobile shelving to expand capacity in the Police Department Evidence
Room, in an amount not to exceed $228,147.65.
ATTACHMENT " B"
ACESAVER
I 111
NT ERMOUNTAIN-
T NATIONAL CITY
0 1243 NATIONAL CITY BOULEVARD
NATIONAL CITY. CA 91950-4301
ATTN: ACCOUNTS PAYABLE
Proposal
Spacesaver Intermountain, LLC
249 South 400 East
Salt Lake City, UT 84111
Prepared for : LINDA SUAREZ
Quote/Order No
78683
Date
05/24/2019
Customer PO No
Customer Account
NATIONAL CITY
Sales Associate
LINDA SUAREZ
Project Number
Page
1 of 2
S NATIONAL CITY
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY. CA 91950-4301
T ATTN: ACCOUNTS PAYABLE
0
Group
Locker
Description
Spacesaver Freestyle locker as per drawing dated 3-7-2019.
Men's locker room 92 lockers and 4 ADA lockers for a total of 98
Women's locker room 24 lockers and 1 ADA locker for a total of 25 lockers
Each locker includes sloped tops. Electrical (1) outlet. modular shelf. hanger shelf.
adjustable shelf. 2 hooks Drawer with bench, body armor shelf in drawer
Each locker will have a single door with hasp lock. Chimney to cover Duct work
Pnce includes delivery and installation.
Above pace meet the 2018 Sourcewell (formerty NJPA) - Contract No. 031715-K1I
SUB TOTAL
SALES TAX
GRAND TOTAL:
Extended Amount
215.337.61
$215,337.61
12, 810.04
228,147.65
Buyer agrees to purchase the goods and services described on this and all preceding pages, in accordance with the TERMS AND CONDITIONS on the following
page, including but not limited to the "Payment" and "Default, Interest and Fees" provisions. This proposal is only an offer to purchase and is not binding upon the
SELLER until accepted by the SELLER in writing. This proposal is valid for 30 days unless noted otherwise. SELLER SHALL NOT BE LIABLE FOR ANY
CONSEQUENTIAL DAMAGES
SIGNATURE: DATE:
PRINT NAME: TITLE:
IACESAVER
III NT ERMOU TAIN-
Proposal
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
_I
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. Pnces 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 attorneys' 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:
20'0"
ATTACHMENT "C"
30"
30"
30"
30'
30"
30"
30"
30"
SPACESAVER
INTERMOUNTAIN LLc
249 South 400 East (801) 363-5882 main
• Salt Lake City. UT 84111 (801) 359-4326 fax
www.SpacesaverlM.com
Plan View
Project Name:
National City Police
Project #:
78683
Drawn by:
Melee E.
Date Printed:
01/23/2019
Scale Rev level:
1 /4" = 1'
APPROVAL
This drawing Approved By
Dated
Copvrieht C 2018 St
r Corporation. This material is omorietary and confidential. and the disclosure reproduction by ohotom
in. blueprint or otherwise or incorporation into any information retrieval system without first rcceivia t nooroval from
SPACESAVER
INTERMOUNTAIN LLc
249 South 400 East (801) 363-5882 main
Salt Lake City. UT 84111 (801) 359-4326 fax
www.SpacesaverlM.com
t
38"
8'2"
30" 30"
Plan View
Project Name
National City Police
Project #:
78683
Drawn by:
Melea E.
Date Printed:
01 /23/2019
Scale
3/8" = 1'
Rev level:
APPROVAL
This drawing Approved By:
Dated
Convrielrl i.> 2018 Soacesavcr Corporation. This material is proprietary and confidential. and the disclosure reproduction by ohotoenphv. film. blueprint or otherwise or incorporation into any iinformation retrieval system without first receivnm written approval from
IIII SPACESAVER
IN i ERMOUNTAIN Li
249 South 400 East (801) 363-5882 main
Solt Lake City, UT 84111 (801) 359-4326 fax
www.Spacesavor1M.com
Plan View
Project Name
National City Police
Drawn by:
Melea E.
Date Printed:
01 /23/2019
Scale Rev level:
114" = 1'
APPROVAL
This drawing Approved By:
Dated
Coovrieht V 2018 St
r Corporation. This matenal is oroonelary and confidential. and the disclosure reproduction by photon'
m. blueprint or othcnvisc or incorporation into any information retrieval systcm without first receivim t approval from
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INTERMOUN AIN LLc
249 South 400 East (801) 363-5882 main
Salt Lake City, UT 84111 (801) 359-4326 fax
www.SpacesaverlM.com
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15'8'
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Project #: APPROVAL
78683 This drawing Approved By:
Drawn by:
Melea E.
Date Printed:
01/23/2019
Scale Rev level:
Dated
Convriehl i, 2018 Stlacesaver Corporation. This material is oronrietary and confidential. and the disclosure reproduction by nhotoemnhy. film_ bluconnt or olhcnvisc or incorporation into any information retrieval system without lirsl rcccivine written approval from
SPACESAVER
INTERMOUNTAIN tie
240 South 420 had (001) 343.5A0 mo'n
ScdlfakocfyIna41I1 (001)3.94326 fa
wwwSpacosovofM.com
H92"
84k30' d24-
H92"
84- 24" d24'
Elevations
FreeStyle Lockers w/ Bench
- Slopped Tops w/ HVAC Chimney
- Electrical
- Modular Shelf
- Hanger Shelf
-Adjustable Perforated Shelf
- Two Hooks an Door
- Hasp Lock
- BodyAnnor Ventilation Rack in Drawer
Prefect Name.
National City Police
Preledfi
78683
Drawn by.
Melee E.
Data Printed
01/09/2019
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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.
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 2.80
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 govemmental 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 concerning 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-- Refection 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 fumishings, 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 formal 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 Califomia 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, Mayor
ATTEST:
id/tit/4/
el R. Dail
Mi Clerk
APPROVED AS TO FORM:
George H. Eiser, 111
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 (NZUNZA
Mayor of the City of National City, California
ill
City Clerk of the ity bf National City, California
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 Tess 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
o(to‘t.%hoct, gb• a04
NoOQtrct> 1‘(on/0.5
"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. Ik'OUCY
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 Form #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).
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Additional announcements and requests for public proposals may be made in the
newspapers) 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 al] 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 Over $50.000
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 sane 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
he 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 funs 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 plus 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 firm 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.
jntermediate Prgjects - Fees of $15.000 to S25.000
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 PrQjects - 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. REQUIREKENTS OF TIN 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.
PASSED and ADOPTED this 7 t h day of November , 1995.
ATTEST:
Anne Peoples, City Clerk
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, ('stlifornia
veL
ity lerk of the City of National City, California
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 CIerk of the City of National City, California
By:
Deputy
CONTRACT TRANSMITTAL FORM
(Attach as cover sheet to Documents dropped off to City Clerk's Office)
Date: IV 19.' ‘t\
From (Dept.): Nonce
Dg'k - CapAiith 19u11
Submitted by (First & Last Name):
VA M. oh beh,lf of CApkin twig
Vendor: Srior krAtvm0Vh lh , ILO!
Resolution:
/ NO
Resolution No. (if applicable): 7.D4 - vW
1 2
Isle
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No
4 Originals Provided to City Clerk (circle quantity)
1 age w�va AI ent it n11VVII,
Department has Copy / Duplicate Original Q1` g
Vendor has Copy / Duplicate Original
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
November 13, 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,
j Michael R. Dalla, CMC
City Clerk
Enclosure