HomeMy WebLinkAboutCity Hall Copier Service RFPCity of Diamond Bar Copier Maintenance & Supplies
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CITY OF DIAMOND BAR
REQUEST FOR PROPOSALS
Copier Maintenance & Supplies
Proposal Release Date:03/30/2020
Vendor Questions Due:04/06/2020 by 1PM PST
Proposal Due Date:04/13/2020 by 1PM PST
All Bids Must be Submitted on the City of Diamond Bar PlanetBids Vendor Portal:
https://www.planetbids.com/portal/portal.cfm?CompanyID=39500
Alfredo Estevez
Information Systems Analyst
aestevez@diamondbarca.gov
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
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TABLE OF CONTENTS
PART I .............................................................................................................................................3
GENERAL INFORMATION AND PROJECT BACKGROUND .....................................3
1.INTRODUCTION .......................................................................................3
2.ORGANIZATION BACKGROUND ..........................................................3
3.CURRENT ENVIRONMENT.....................................................................3
4.POINTS OF CONTACT..............................................................................3
PART II ............................................................................................................................................4
SCOPE OF SERVICES .......................................................................................................4
1.SCOPE OF SERVICES ...............................................................................4
PART III ..........................................................................................................................................5
RFP SUBMITTAL GUIDELINES AND SCHEDULE ......................................................5
1.ADMINISTRATIVE REQUIREMENTS ...................................................5
2.LEGAL REQUIREMENTS.........................................................................5
3.RIGHT TO REJECT ALL PROPOSALS ...................................................5
4.QUESTIONS ...............................................................................................5
5.INSURANCE REQUIREMENTS ...............................................................6
PART IV ..........................................................................................................................................8
SELECTION CRITERIA ....................................................................................................8
1.OVERVIEW ................................................................................................8
PART V ...........................................................................................................................................9
SUBMISSION PROCEDURES AND FORMAT ...............................................................9
PART VI ........................................................................................................................................10
CITY’S STANDARD CONSULTING SERVICES AGREEMENT ................................10
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PART I
GENERAL INFORMATION AND PROJECT BACKGROUND
1. INTRODUCTION
The City of Diamond Bar (“The City”) invites proposals from qualified firms to provide
Copier Maintenance & Supplies based upon the requirements and scope of work
contained in the Request for Proposal.
2. ORGANIZATION BACKGROUND
The City of Diamond Bar is a general law city incorporated on April 18, 1989. It is
governed by the city council/city manager form of government. A five-member city
council is elected by the residents, and a mayor is elected annually by the council to
serve a one-year term. The city manager is appointed by the council to oversee the
daily activities of the city.
3. CURRENT ENVIRONMENT
The City of Diamond Bar ("City") currently has six (6) copiers at City Hall and an
additional one (1) copier at the Diamond Bar Center, for a grand total of seven (7)
copiers. By this request for proposal ("RFP") the City is seeking a maintenance and
supplies contractor for all copiers owned by the City.
4. POINTS OF CONTACT
Vendors shall submit all correspondence to:
Alfredo Estevez, Information Systems Analyst through the PlantBids posting.
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PART II
SCOPE OF SERVICES
1. SCOPE OF SERVICES
The City intends to contract with a vendor for copier maintenance and supplies.
The new maintenance contract will need to be implemented by July 1, 2020 at the
beginning of the next fiscal year (FY 2020/21). This will be a 3-year contract that
provides the City with the right to renew for up to two additional one-year terms for
a total of five years. Price proposals should reflect a set annual cost for the first
three years and the pricing for the fourth and fifth years should the City exercise
its option to extend the contract term. Services will be provided for and
administered through the Information Systems Department. The following are the
requirements of the printer maintenance contract:
Four (4) business hour response to all service calls.
Diagnosis and all-inclusive repair of covered equipment including parts
and labor.
Service to include 100% Coverage for toners and Maintenance Kits.
Delivery and installation of supplies.
Supplies for all copiers must be Original Equipment Manufacturer (OEM).
One additional initial set of toners for each copier to be provided so that
replacement toner is always on site.
Itemization of Copiers
An itemized list of all copiers has been included as Attachment A to the
RFP
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PART III
RFP SUBMITTAL GUIDELINES AND SCHEDULE
1. ADMINISTRATIVE REQUIREMENTS
Interested Vendors must submit responses through the Planet Bids bid
management system.
The proposal shall be submitted on or before 1:00 P.M. PST on Monday, April
13, 2020.
The City shall be the sole judge of whether all conditions for Final Acceptance
criteria have been met.
2. LEGAL REQUIREMENTS
The selected Vendor must comply with all Federal, State and Local laws and
regulations including obtaining a City Business License.
3. RIGHT TO REJECT ALL PROPOSALS
The City reserves the right to reduce or revise elements of the service contract
prior to the award of any contract. Furthermore, the City reserves the right to reject
any or all proposals submitted; and no representation is made hereby that any
contract will be awarded pursuant to this RFP, or otherwise.
All costs incurred in the preparation of the proposal, in the submission of additional
information and/or any other aspect of a proposal prior to the award of a written
contract will be borne by the Vendor.
The City shall only provide the staff assistance and documentation specifically
referred to herein and shall not be responsible for any other cost of obligation of
any kind which may be incurred by the proposing Vendor. All proposals submitted
to the City in response to this RFP shall become property of the City.
4. QUESTIONS
All questions concerning this RFP should be directed to Alfredo Estevez, Information
Systems Analyst, directly through the Q&A section of the Planet Bids posting.
Questions must be submitted on or before Monday April 6, 2020.
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5. INSURANCE REQUIREMENTS
The City requires consultants doing business with it to obtain insurance, and proof
of insurance must be provided within 30 days of notice of selection and prior to the
commencement of any work on the project. The indemnity and insurance
requirements are as follows.
. Indemnification. Consultant agrees to indemnify the City, its officers,
agents, volunteers, employees, and attorneys against, and will hold and
save them and each of them harmless from, and all actions, claims,
damages to persons or property, penalties, obligations, or liabilities that may
be asserted or claimed by any person, firm, entity, corporation, political
subdivision or other organization arising out of the acts, errors or omissions
of Consultant, its agents, employees, subcontractors, or invitees, including
each person or entity responsible for the provision of services hereunder,
excluding liability caused by the sole negligence or wrongful acts or
omissions of City.
. Insurance.
A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect the following insurance : (1) a
policy or policies of broad-form comprehensive general liability insurance
with minimum limits of $1,000,000.00 combined single limit coverage
against any injury, death, loss or damage as a result of wrongful or negligent
acts by Consultant, its officers, employees, agents, and independent
contractors in performance of services under this Agreement; (2) property
damage insurance, with minimum combined single limits coverage of
$500,000.00; (3) automotive liability insurance, with minimum combined
single limits coverage of $500,000.00; (4) workers' compensation
insurance with a minimum limit of $500,000.00 or the amount required by
law, whichever is greater. The City, its officers, employees, attorneys, and
volunteers shall be named as additional insureds on the policy(ies) as to
comprehensive general liability, property damage, and automotive
liability. The policy(ies) as to comprehensive general liability, property
damage, and automobile liability shall provide that they are primary, and
that any insurance maintained by the City shall be excess insurance only.
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B. All insurance policies shall provide that the insurance coverage shall
not be non-renewed, canceled, reduced, or otherwise modified (except
through the addition of additional insureds to the policy) by the insurance
carrier without the insurance carrier giving City thirty (30) days prior written
notice thereof. Consultant agrees that it will not cancel, reduce or otherwise
modify the insurance coverage.
C. All policies of insurance shall cover the obligations of Consultant
pursuant to the terms of this Agreement; shall be issued by an insurance
company which is admitted to do business in the State of California or which
is approved in writing by the City; and shall be placed with a current A.M.
Best's rating of no less than A VII.
D. Consultant shall submit to City: (1) insurance certificates evidencing
the required insurance and (2) insurance policy endorsements executed on
City's appropriate standard forms entitled "Additional Insured
Endorsement," or on a substantially similar form which the City approves in
writing or a copy of the policy evidencing that the City, its officers, agents,
volunteers, employees, and attorneys are additional insureds.
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PART IV
SELECTION CRITERIA
1. OVERVIEW
The selection of the firm will be performed on a competitive basis and in accordance
with the City’s Purchasing Ordinance:
In reviewing the evaluating the response to this RFP, the City’s evaluation team will
consider the following:
1. Responsiveness and comprehensiveness of the response to this RFP.
2. Experience of the firm. Proposer must have three (3) years’ experience,
within the last five (5) years, providing related services and supplies
equivalent or similar to the services being requested by this RFP.
3. Related experience and qualifications of technicians.
4. Information obtained from references, including prior service with the City.
5. Reasonableness of the proposed fee.
6. Ability to meet City contract requirements. (See Section IV)
The criteria should not be construed so as to limit other considerations which may
become apparent during the review and selection process.
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PART V
SUBMISSION PROCEDURES AND FORMAT
Proposals shall be prepared simply and economically, providing a straightforward,
concise description of the Vendor’s capabilities to satisfy the requirements of this RFP.
Qualifying proposals shall include the following:
1. Cover Letter
Proposer must provide a cover letter including firm name, address and
telephone number, background information and the name of the contact person.
2. Project Members
Name(s) and qualifications of the project member(s) that will be providing the
services.
3. Scope of Services
Proposal must provide detailed information that clearly demonstrates the ability of
the proposer to fully deliver the scope of services outlined in the RFP
4. Cost Proposal
The Cost Proposal should reflect a set annual cost for the first three years and the
pricing for the fourth and fifth years should the City exercise its option to extend
the contract term.
5. Agreement
A copy of the Agreement is enclosed. The proposal shall include a statement that
all terms and conditions of the Agreement including insurance requirements are
acceptable. (See Part VI) Failure to agree to these terms and conditions may lead
to rejection of bid.
6. References
A list of at least 5 references for similar work; including contact person, his or her
phone number and email address.
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PART VI
MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of ,
20XX by and between the City of Diamond Bar, a municipal corporation ("City") and
___________, a [Insert the type of entity of the Contractor, e.g., Inc., a California
corporation; a California general partnership; a California limited liability company;
a sole proprietor; etc.] ("Contractor").
1. Contractor's Services.
Subject to the terms and conditions set forth in this Agreement Contractor shall
provide to the reasonable satisfaction of the City the [Describe general type, i.e.,
landscape]services set forth in the attached Exhibit "A", which is incorporated herein by
this reference. As a material inducement to the City to enter into this Agreement,
Contractor represents and warrants that it has thoroughly investigated the work and fully
understands the difficulties and restrictions in performing the work. Contractor represents
that it is fully qualified to perform such consulting services by virtue of its experience and
the training, education and expertise of its principals and employees.
[Insert Name and Position] ____________(herein referred to as the “City’s
Project Manager”), shall be the person to whom the Contractor will report for the
performance of services hereunder. It is understood that Contractor shall coordinate its
services hereunder with the City’s Project Manager to the extent required by the City’s
Project Manager, and that all performances required hereunder by Contractor shall be
performed to the satisfaction of the City’s Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect ___________,
20XX, and shall continue until ("Term"), unless earlier terminated pursuant
to the provisions herein.
The City shall have the option to extend this Agreement for two additional one year
terms. subject to the same terms and conditions contained herein, by giving Consultant
written notice of the exercise of this option at least thirty (30) days prior to the expiration
of the initial Term. In the event the City exercises its option to extend the Term,
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Consultant's compensation shall be subject to an adjustment upon the effective date of
extension as follows:
Any increase in compensation will be as set forth in the Contractor’s Proposal
dated ______, 2020. Any exercise of an option to extend the Term and/or increase
in compensation shall be at the sole discretion of the City.
3. Compensation. City agrees to compensate Contractor for each service
which Contractor performs to the satisfaction of City in compliance with the scope of
services set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City. Total payment to Contractor pursuant to this
Agreement shall not exceed ______________ Dollars ($ ) without the prior written
consent of the City. The above not to exceed amount shall include all costs, including,
but not limited to, all clerical, administrative, overhead, telephone, travel and all related
expenses.
4. Payment.
A. As scheduled services are completed, Contractor shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
C. City will pay Contractor the amount invoiced the City will pay Contractor the
amount properly invoiced within 35 days of receipt.
D. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in the
scope or complexity of work, or for any other reason, shall be made unless and until such
extra services and a price therefore have been previously authorized in writing and
approved by the City Manager or his designee as an amendment to this Agreement. The
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amendment shall set forth the changes of work, extension of time, if any, and adjustment
of the fee to be paid by City to Contractor.
6. Priority of Documents. In the event of any inconsistency between the
provisions of this Agreement and any attached exhibits, the provisions of this Agreement
shall control [Alternative language if both the City's RFP and the Contractor's
Proposal are attached as part of Exhibit A, you need to decide which one has
priority, as between the RFP and Contractor's Proposal. Language would be along
the following lines: "In the event of any inconsistency between this Agreement and
the attached exhibits, the following order of precedence shall apply: (a) This
Agreement; (b) The City's Request for Proposal, dated _____; and (c) Consultant's
Proposal dated ______.]
7. Status as Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent
contractor. Contractor shall have no power to incur any debt, obligation, or liability on
behalf of City or otherwise act on behalf of City as an agent, except as specifically
provided herein. Neither City nor any of its agents shall have control over the conduct of
Contractor or any of Contractor's employees, except as set forth in this Agreement.
Contractor shall not, at any time, or in any manner, represent that it or any of its agents
or employees are in any manner employees of City.
B. Contractor agrees to pay all required taxes on amounts paid to Contractor
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the independent
contractor relationship created by this Agreement. In the event that City is audited by any
Federal or State agency or the Public Employee Retirement System regarding the
independent contractor status of Contractor and the audit in any way fails to sustain the
validity of a wholly independent contractor relationship between City and Contractor or its
employees, then Contractor agrees to reimburse City for all costs, including accounting
and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Contractor shall fully comply with Workers' Compensation laws regarding
Contractor and Contractor's employees. Contractor further agrees to indemnify and hold
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City harmless from any failure of Contractor to comply with applicable Worker's
Compensation laws.
D. Contractor shall, at Contractor’s sole cost and expense fully secure and
comply with all federal, state and local governmental permit or licensing requirements,
including but not limited to the City of Diamond Bar, South Coast Air Quality Management
District, and California Air Resources Board.
E. In addition to any other remedies it may have, City shall have the right to
offset against the amount of any fees due to Contractor under this Agreement any amount
due to City from Contractor as a result of Contractor's failure to promptly pay to City any
reimbursement or indemnification required by this Agreement or for any amount or
penalty levied against the City for Contractor’s failure to comply with this Section.
8. Standard of Performance. Contractor shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under similar
conditions and represents that it and any subcontractors it may engage, possess any and
all licenses which are required to perform the work contemplated by this Agreement and
shall maintain all appropriate licenses during the performance of the work.
9.Indemnification.
Contractor shall indemnify, defend with counsel approved by City, and hold
harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and
against all liability, loss, damage, expense, cost (including without limitation reasonable
attorneys' fees, expert fees and all other costs and fees of litigation) of every nature
arising out of or in connection with:
(1)Any and all claims under Worker’s Compensation acts and other
employee benefit acts with respect to Contractor’s employees or Contractor’s
contractor’s employees arising out of Contractor’s work under this Agreement; and
(2) Any and all claims arising out of Contractor's performance of work
hereunder or its failure to comply with any of its obligations contained in this
Agreement, regardless of City’s passive negligence, but excepting such loss or
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damage which is caused by the sole active negligence or willful misconduct of the
City. Should City in its sole discretion find Contractor’s legal counsel
unacceptable, then Contractor shall reimburse the City its costs of defense,
including without limitation reasonable attorneys' fees, expert fees and all other
costs and fees of litigation. The Contractor shall promptly pay any final judgment
rendered against the Indemnitees. It is expressly understood and agreed that the
foregoing provisions are intended to be as broad and inclusive as is permitted by
the law of the State of California and will survive termination of this Agreement.
Except for the Indemnitees, this Agreement shall not be construed to extend to any
third party indemnification rights of any kind.
10. Insurance.
A. Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $2,000,000.00
combined single limit coverage against any injury, death, loss or damage as a
result of wrongful or negligent acts by Contractor, its officers, employees, agents,
and independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single limits
coverage of $2,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater.
[Note: Does not apply to a sole proprietor, i.e., a Consultant with no
employees but can leave in as it states "when required by law."]
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B. The City, its officers, employees, agents, and volunteers shall be named as
additional insureds on the policies as to comprehensive general liability, property
damage, and automotive liability. The policies as to comprehensive general liability,
property damage, and automobile liability shall provide that they are primary, and that any
insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not be
non-renewed, canceled, reduced, or otherwise modified (except through the addition of
additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will
not cancel, reduce or otherwise modify the insurance coverage and in the event of any of
the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Contractor pursuant
to the terms of this Agreement and shall be issued by an insurance company which is
authorized to do business in the State of California or which is approved in writing by the
City; and shall be placed have a current A.M. Best's rating of no less than A-, VII.
E. Contractor shall submit to City (1) insurance certificates indicating
compliance with the minimum insurance requirements above, and (2) insurance policy
endorsements or a copy of the insurance policy evidencing the additional insured
requirements in this Agreement, in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this Agreement
shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or
deductible of the policy in lieu of the Contractor (as the named insured) should Contractor
fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall
be subject to the approval of the City. Contractor understands and agrees that
satisfaction of this requirement is an express condition precedent to the effectiveness of
this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible
constitutes a material breach of this Agreement. Should City pay the SIR or deductible
on Contractor’s due to such failure in order to secure defense and indemnification as an
additional insured under the policy, City may include such amounts as damages in any
action against Contractor for breach of this Agreement in addition to any other damages
incurred by City due to the breach.
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G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance
required under this Agreement in full force and effect, City may take out the necessary
insurance and any premiums paid, plus 10% administrative overhead, shall be paid by
Contractor, which amounts may be deducted from any payments due Contractor.
I.Contractor shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to
the City for review and approval. All insurance for subcontractors shall be subject to all
of the requirements stated herein.
11. Confidentiality. Contractor in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Contractor
covenants that all data, documents, discussion, or other information developed or
received by Contractor or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Contractor without written authorization by City.
City shall grant such authorization if disclosure is required by law. All City data shall be
returned to City upon the termination of this Agreement. Contractor's covenant under this
section shall survive the termination of this Agreement. Notwithstanding the foregoing,
to the extent Contractor prepares reports of a proprietary nature specifically for and in
connection with certain projects, the City shall not, except with Contractor's prior written
consent, use the same for other unrelated projects.
12.Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Contractor and its subcontractors shall maintain
reasonably full and complete books, documents, papers, accounting records, and other
information (collectively, the “records”) pertaining to the costs of and completion of
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Contractor's records regarding the services provided under this Agreement. Contractor
shall maintain all such records for a period of at least three (3) years after termination or
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completion of this Agreement. Contractor agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
13. Conflict of Interest.
A. Contractor covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, which may be affected by the services to be performed by
Contractor under this Agreement, or which would conflict in any manner with the
performance of its services hereunder. Contractor further covenants that, in performance
of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Contractor shall avoid the appearance of having any interest which would
conflict in any manner with the performance of its services pursuant to this Agreement.
B. Contractor covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of
the performance of this Agreement. Contractor's covenant under this section shall survive
the termination of this Agreement.
14. Termination. The City may terminate this Agreement with or without cause
upon fifteen (15) days' written notice to Contractor. The effective date of termination shall
be upon the date specified in the notice of termination, or, in the event no date is specified,
upon the fifteenth (15th) day following mailing of the notice. In the event of such
termination, City agrees to pay Contractor for services satisfactorily rendered prior to the
effective date of termination. Immediately upon receiving written notice of termination,
Contractor shall discontinue performing services, unless the notice provides otherwise,
except those services reasonably necessary to effectuate the termination. The City shall
be not liable for any claim of lost profits.
15. Personnel. Contractor represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreement. All of the
services required under this Agreement will be performed by Contractor or under it
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Contractor reserves the right to determine the assignment of its own employees
to the performance of Contractor's services under this Agreement, but City reserves the
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right, for good cause, to require Contractor to exclude any employee from performing
services on City's premises.
16. Prevailing Wage. Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
Contractor is required to pay not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public works is performed, and
not less than the general prevailing rate of per diem wages for holiday and overtime work.
In that regard, the Director of the Department of Industrial Relations of the State of
California is required to and has determined such general prevailing rates of per diem
wages. Copies of such prevailing rates of per diem wages are on file in the Office of the
City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and
are available to any interested party on request. City also shall cause a copy of such
determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars
($25.00) for each laborer, workman or mechanic employed for each calendar day or
portion thereof, if such laborer, workman or mechanic is paid less than the general
prevailing rate of wages hereinbefore stipulated for any work done under this Agreement,
by him or by any subcontractor under him.
The CONTRACTOR and any of its subcontractors must be registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5, which
precludes the award of a contract for a public work on any public works project awarded
after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement
by the Department of Industrial Relations.
17. Non-Discrimination and Equal Employment Opportunity.
A. Contractor shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
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termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of Contractor state either that it is an equal opportunity employer or that
all qualified applicants will receive consideration for employment without regard to race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition, or sexual orientation.
C. Contractor will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Time Is of the Essence. Time is of the essence in this Agreement.
Contractor shall do all things necessary and incidental to the prosecution of Contractor's
work.
19 Delays and Extensions of Time. Contractor's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Contractor must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to the
length of the delay outside Contractor’s control. If Contractor believes that delays caused
by the City will cause it to incur additional costs, it must specify, in writing, why the delay
has caused additional costs to be incurred and the exact amount of such cost within 10
days of the time the delay occurs. No additional costs can be paid that exceed the not to
exceed amount absent a written amendment to this Agreement. In no event shall the
Contractor be entitled to any claim for lost profits due to any delay, whether caused by
the City or due to some other cause.
20. Assignment. Contractor shall not assign or transfer any interest in this
Agreement nor the performance of any of Contractor's obligations hereunder, without the
prior written consent of City, and any attempt by Contractor to so assign this Agreement
or any rights, duties, or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws. Contractor shall comply with all applicable laws,
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20 | P a g e 1450823.1
ordinances, codes and regulations of the federal, state, and local governments.
22. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall the
making by City of any payment to Contractor constitute or be construed as a waiver by
City of any breach of covenant, or any default which may then exist on the part of
Contractor, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
23. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by the
parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize
their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual good
faith efforts to resolve the same any dispute or controversy as provided herein, shall be
a condition precedent to the institution of any action or proceeding, whether at law or in
equity with respect to any such dispute or controversy. [Optional. Generally do not
use if Agreement is for less than $10,000.]
24. Notices. Any notices, bills, invoices, or reports required by this Agreement
shall be deemed received on (a) the day of delivery if delivered by hand during regular
business hours or by facsimile before or during regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the
addresses heretofore set forth in the Agreement, or to such other addresses as the parties
may, from time to time, designate in writing pursuant to the provisions of this section.
“CONTRACTOR” “CITY”
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: Attn.: _______________
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21 | P a g e 1450823.1
Phone: Phone:
E-Mail: E-mail:
25. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
26. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
27. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement between
Contractor and City. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be amended, nor any provision
or breach hereof waived, except in a writing signed by the parties which expressly refers
to this Agreement. Amendments on behalf of the City will only be valid if signed by a
person duly authorized to do so under the City's Purchasing Ordinance.
IN WITNESS of this Agreement, the parties have executed this Agreement as of
the date first written above.
"Contractor" "City"
[Insert Full Name of Contractor] CITY OF DIAMOND BAR
By: ______ By: ____
Printed Name: [Insert Name of Person authorized to
sign,
Title: i.e., City Manager or Mayor]
By: ATTEST:
Printed Name:
Title:
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22 | P a g e 1450823.1
[Name]City Clerk
Approved as to form:
By:____
David DeBerry,City Attorney
State of California "CONTRACTOR'S" License No. ______ . [If applicable]
CONTRACTOR'S Business Phone ____________________.
Emergency Phone ________________________
at which CONTRACTOR can be reached at any time.
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23 | P a g e 1450823.1
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary,
the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer.
If only one corporate officer exists or one corporate officer holds more than one corporate
office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to
the execution of the Agreement, must be provided to the City.
Copier List Attachment A
Copier Copier Additional Parts Type Location
1 Ricoh MP 7503 Copier Large Capacity Tray & Finisher (3Hole punch & Stapler, Booklet)Black & White City Hall
2 Ricoh MP 7503 Copier Large Capacity Tray & Finisher (3Hole punch & Stapler, Booklet)Black & White DBC
3 Ricoh MP 8003 Color Copier Large Capacity Tray & Finisher (3Hole punch & Stapler, Booklet)Color City Hall
4 Ricoh MP C5503 Color Copier Large Capacity Tray & Finisher (3Hole punch & Stapler, Booklet)Color City Hall
5 Ricoh MP 301 Desktop Copier Extra paper Tray Black & White City Hall
6 Ricoh SP 5200S Desktop Copier Extra paper Tray Black & White City Hall
7 Ricoh MP 7502 Copier Large Capacity Tray & Finisher (3Hole punch & Stapler, Booklet)Black & White City Hall