HomeMy WebLinkAbout1995-10-10; City Council; 13346; PURCHASE OF OFFICE SYSTEM FURNITURE\
a !.ai
E QB- 4
z o F 0 4 d
8
z 3
‘,I ( C@Y OF CARLSBAD - AGWA BILL
’AB # 12 3~6 TITLE: Purchase of DEPT.
CITY I MTG. /o-jo--?s Office System
DEPT. CITY I
RECOMMENDED ACTION:
Pcn Furniture
Adopt Resolution No. 95’ -29q approving an agreement for office systems furniturc
between the City of Carlsbad and B-K Cox, Inc. dba Office Pavilion and authorizing thc
Mayor to execute said agreement for and on behalf of the City of Carlsbad.
ITEM EXPLANATION:
In September 1990, the City Council selected Herman Miller as the manufacture
offering the best solution to the City’s current and future needs for systems furniture
At that time, a five year agreement with Office Pavilion was approved, guaranteeing i
substantial discount from list prices for systems furniture and auxiliary furnishings. B:
selecting Herman Miller as its systems furniture manufacturer, the City was able tc
standardize with a single manufacturer for office furnishings. In accordance wit1
Section 3.28.09 of the Carlsbad Municipal Code, this action made it possible tc
dispense with the bidding process when purchasing Herman Miller office furniture it
the future.
The City has been satisfied with the furniture and service provided by Office Pavilioi
and would like to continue having them as our vendor for systems furniture anr
furnishings. The economics and efficiencies associated with the standardization of thc
systems furniture is more important now that the City has acquired a substanti2
investment in this furniture. Components are easily interchanged and staff is trainec
to disassemble and reassemble components as needed. As the only Herman Mille
representative in San Diego County, Office Pavilion would like to enter into ai
agreement for an additional five years.
FISCAL IMPACT:
The agreement with B-K Cox guarantees a 44% to 69% discount from list prices fo
systems furniture and other furnishings. These discounts are the same or in somc
cases greater than the discounts in the original contract. When furniture is to br
ordered, the user department will be responsible for the funds expended.
EXHIBITS:
1. Resolution No. 95’ -2!q$i’ with Agreement attached as Exhibit A
I
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 e
RESOLUTION NO. 95-294
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSB CALIFORNIA, APPROVING AN AGREEMENT FOR THE PURCHASE
OFFICE SYSTEM FURNITURE BETWEEN THE CITY OF CARLSBAC
AND B-K COX INC DBA OFFICE PAVILION.
WHEREAS, the City Council has standardized office furnishings with Hem
and
WHEREAS, the bidding procedures have been waived; and
WHEREAS, a satisfactory agreement to provide office systems fum
furnishings has been negotiated with B-K Cox, Inc. dba Office Pavilion.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
California, as follows:
1. That the agreement for Office Systems Furniture, as shown in Exhibit A
hereto and made a part hereof, is approved, and the Mayor is authoriz
on behalf of the City.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl
Council held on the loth day of OCTOBER , 1995, by the folio\
to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hal
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, CITY CLERK \
(SEAL)
c 0 0 . EXHIBIT A
Purchasing Agreement
prepared for
City of Carlsbad
By: Steve Hennes
Office Pavilion, San Diego
September 27, 1995
e 0
OFFICE PAVILION
PURCHASING AGREEMENT
The following is offered as a purchasing agreement between the Office Pavilion and (
of Carlsbad, herein referred to as "City" or "Customer." The intent of this agreement i
provide the products and services of the Office Pavilion to City of Carlsbad at schedL
rates and terms and with the highest quality and level of service. No amount or partia
volume of purchase is implied or required by this agreement. It is mutually agreed 1
products may be added or deleted to this agreement as needed. All products that
added will be done at pricing that reflects the best available negotiated discounts.
The Office Pavilion and City of Carlsbad agree to the following product and service pric
terms:
1. PRODUCTS
Office Pavilion shall provide the city with two (2) complete sets of manufacturers' m
recent price list and current product brochures. As new items become available in
designated product lines, they will become a part of the contract and will be subject to
same discount offered in this agreement.
1. To provide Herman Miller Action Office Encore and Action Office products at
following percentage discounts from the current list prices at the time of or
placement.
ORDER TOTAL LEAD TIME DISCOUNT OFF
LIST PRICE PROGRAM OF LIST PRICE
$0.00 - $1 00,000.00 Rapid 62%
$0.00 - 1,000,000.00 Standard 69%
$1,000,001 .oo + Standard Negotiable
2. To provide Herman Miller Equa and Eames Seating and Table products at
following percentage discounts off of current list prices at the time of order
placement.
ORDER TOTAL LEAD TIME DISCOUNT OFF
LIST PRICE PROGRAM OF LIST PRICE
$0.00 - $500,000.00 Rapid 48%
$0.00 - $500,000.00 Standard 51 %
0 0
' 3. To provide Herman Miller Ergon product at the following percentage discounts
off of current list prices at the time of order placement.
ORDER TOTAL LEAD TIME DISCOUNT OFF
LIST PRICE PROGRAM OF LIST PRICE
$0-00 - $500,000.00 Rapid 53%
$0-00 - $500,000.00 Standard 57%
4. To provide Herman Miller Ethospace products at the following percentage
discounts off of current list prices at the time of order placement.
ORDER TOTAL LEAD TIME DISCOUNT OFF
LIST PRICE PROGRAM OF LIST PRICE
$0.00 - $500,000.00 Standard 54%
$500,001 .OO + Standard Negotiable
5. To provide Herman Miller Aeron and Ambi Seating at the following percentage
discounts off of current list prices at the time of order placement.
ORDER TOTAL LEAD TIME DISCOUNT OFF
LIST PRICE PROGRAM OF LIST PRICE
$0.00 - $50,000.00 Standard 48%
$50,001 .OO + Standard 49%
6. To provide Herman Miller V-Wall and Classic Piece products at the following
percentage discounts off of current list prices at the time of order placement.
ORDER TOTAL LEAD TIME DISCOUNT OFF
LIST PRICE PROGRAM OF LIST PRICE
$0.00 - $50,000.00 Standard 44%
$50,001 .OO - $200,000.00 Standard 47%
$200,001 .oo + Standard Negotiable
a e
*7. To provide Eck Adams products at the following percentage discounts off of
current list prices at the time of order placement.
ORDER TOTAL LEAD TIME DISCOUNT OFF
LIST PRICE PROGRAM OF LIST PRICE
$0.00 - $50,000.00 Standard 48%
$50,001-00 - $200,000.00 Standard 50%
$200,001 .oo + Standard Negotiable
*8. To provide Howe Tables products at the following percentage discounts off of cum
list prices at the time of order placement.
ORDER TOTAL LEAD TIME DISCOUNT OFF
LIST PRICE PROGRAM OF LIST PRICE
$0.00 - $50,000.00 Standard 46%
$50,001 .OO - $200,000.00 Standard 48%
$200,001 .oo + Standard Negotiable
To provide Holga Files products at the following percentage discounts off of turn
list prices at the time of order piacement.
ORDER TOTAL LEAD TIME DISCOUNT OFF
LIST PRICE PROGRAM OF LIST PRICE
$0.00 - $50,000.00 Standard 46%
$50,001 .OO - $200,000.00 Standard 48%
$200,001 .oo + Standard Negotiable
9.
* Freight charges to be added if applicable.
0 0
IO. Tb provide Meridian Files products at the following percentage discounts ofl
current list prices at the time of order placement.
ORDER TOTAL LEAD TIME DISCOUNT OFF
LIST PRICE PROGRAM OF LIST PRICE
$0.00 - $50,000.00 Standard 48%
$50,000.00 - $200,000.00 Standard 49%
$200,001 .oo + Standard Negotiable
*11. To provide Phoenix Design product at the following percentage discounts off o
current list prices at the time of order placement.
ORDER TOTAL LEAD TIME DISCOUNT OFF
LIST PRICE PROGRAM OF LIST PRICE
$0.00 - $50,000.00 Standard 48%
$50,001 .OO - $200,000.00 Standard 50%
$200,001 .oo + Standard Negotiable
*12. To provide K & K Casegoods and Seating products at the following percent
discounts off of current list prices at the time of order placement.
ORDER TOTAL LEAD TIME DISCOUNT OFF
LIST PRICE PROGRAM OF LIST PRICE
$0.00 - $50,000.00 Standard 48%
$50,001 .OO - $200,000.00 Standard 50%
$200,001 .oo + Standard Negotiable
* Freight charges to be added if applicable.
0 0
*I 3. To provide Cleator and Curtis products at the following percentage discounts o
of current list prices at the time of order placement.
ORDER TOTAL LEAD TIME DISCOUNT OFF
LIST PRICE PROGRAM OF LIST PRICE
$0.00 - $50,000.00 Standard 46%
$50,001 .OO + Standard Negotiable
*14. To provide KT product at the following percentage discounts off of current list
prices at the time of order placement.
ORDER TOTAL LEAD TIME DISCOUNT OFF
LIST PRICE PROGRAM OF LIST PRICE
$0.00 - $50,000.00 Standard 48%
$50,001 .OO + Standard Negotiable
* Freight charges to be added if applicable.
0 0
II. INSTALLATION AND DELIVERY:
1. New Product:
Systems furniture (new products) excluding V-Wall and Ethospace (incluc
casegoods and seating when 80% systems).
Percentaqe of List Price
$0.00 - $250,000.00 4.5%
$250,001 .OO - $1,000,000.00 4.0%
$1,000,001 .OO and Up 3.5%
Minimum installation/delivery charge $50.00. V-Wall installation to be quoted 01
project by project basis. All rates are based on standard time (Monday - Friday
7:OO am - 4:OO pm).
2. Ethospace
Systems furniture (includes casegoods and seating when 80% systems).
Percentaqe of List Price
$0.00 - $250,000.00 5.5%
$250,001 .OO - $1,000,000.00 5.0%
$1,000,001 .OO and Up 4.5%
Minimum installation/delivery charge $50.00. All rates are based on standard
time (Monday - Friday, 7:OO am - 4:OO pm).
3. Reconfiauration. New and Old Product:
In all cases the charge is $35.00 per man hour. This includes, but is not limitec
teardown, intra and inter-facility transportation, and rebuilding of product. All rz
are based on standard time (Monday - Friday, 7:OO am4:OOpm). Minimum cha
$50.00.
a 0
8
4. Deliver/Set-up of Task, Stack, Executive or Guest Seatinq.
1 - 20 pieces
20 + pieces
$8.00 per piece
$7.00 per piece
5. Deliverv/Set-up of Filina and Sinale Seat Louncle Seating (when not part c
systems furniture project)
1 - 20 pieces $20.00 per piece
20 + pieces $1 8.00 per piece
Minimum deliver charge $50.00. All rates are based on standard time
(Monday - Friday, 7:OO am - 4:OO pm).
Delivendset-up of Caseaoods, Sofas and Loveseats (when not part of a
systems furniture project).
1 - 50 pieces $35.00 per piece
51 +pieces $30.00 per piece
Minimum deliver charge $50.00. All rates are based on standard time
(Monday - Friday, 7:OO am - 4:OO pm).
6.
7. Tables
Up to 42" Diameter or Length
Up to 42" - 72" Diameter or Length
Up to 72" - 96" Diameter or Length
Greater than 96' Diameter or Length
Overtime rates for Installation of svstems.
Monday - Friday 4:OO pm - 12:OO am $52.50 per man hour
Saturday/Sunday 7:OO am - 4:OO pm $70.00 per man hour
Saturday/Sunday 4:OO pm - 12:OO am $80.00 per man hour
or Holidays
$15.00 per piece
$30.00 per piece
$45.00 per piece
Quotation Basis
8.
0 0
111. DESIGN AND SPECIFICATION:
FEE SCHEDULES
LEVEL I: SPECIFICATION
A. Office Pavilion will prepare product specifications and installation drawir
on all plans provided by the City of Carlsbad. Office Pavilion will not
responsible for field verification of dimensions to determine products 1
properly fit into plan area or determinelverify, building code compliance
Fee for Level I - no charge.
LEVEL II: GENERAL DESIGN AND SPECIFICATION
The following services shall be provided by the Office Pavilion for Level II design.
A. PROGRAMMING PHASE
I. Consultation with the Customer to determine applicable requirements of
the Project and review the understanding of such requirements with the
Customer.
Documentation of existing and projected requirements related to spa
personnel, furniture, equipment, operational procedures and
communicational relationships
Review and examination of collected data to determine the feasibilit)
achieving the Customer's requirements within the limitations of the builc
or buildings within which the Project is located.
2.
3.
B. PRELIMINARY DESIGN PHASE
1. Based on approved programming phase, schematic layouts shall
prepared showing departmental relationships, space allocation, person1
and operational diagrams, furniture and equipment layouts for Custoi
approval.
Establish design concept of the project and establishing types and qualit
of finishes, materials, and furniture.
Prepare preliminary budgets for Customer approval.
2.
3.
0 e
C. DESIGN DEVELOPMENT PHASE
1. Preparation of drawings indicating fixed location and description of inter
incorporated into floors, wails, partitions, and ceilings.
Preparation of color scheme including materials and finishes for the
Project.
Presentation of custom designed furniture or millwork for final approval.
partitions and furniture including special design features that are
2.
3.
D. CONSTRUCTION DOCUMENT PHASE
1. Based on approved Design Development Submissions, Office Pavilion st
prepare for final approval of the Customer: Drawings, schedull
specifications, and other documents required for the fabrication, procureme
shipment, delivery, and installation of furniture, furnishings, and equipmc
necessary for the Project.
Itemized cost summaries of furniture, furnishings, and equipment shall be
prepared for final approval of the Customer.
2.
E. CONTRACT ADMINISTRATION
1. The Contract Administration phase shall commence with the award of c
or more contracts or the issuance of a purchase order and will termin
upon final project acceptance.
Administration and coordination of schedules for procurement delivery ar
installation of interior work only to the extent provided in the contract.
Office Pavilion shall make visits to the job site as deemed necessary to
familiar with the progress and quality of the work to determine if the worl
proceeding in accordance with the Contract Documents.
Additional Services can be listed on basic services on a per Project basis
2.
3.
4.
Fee for Level II - 2% of current list price.
0 II)
LEVEL 111: RECONFIGURATION
Level 111 design will include all aspects of Level II design services, and will include thc
following:
A. Inventory of existing product
B. Inventory reconciliation of existing product with parts necessary for completi
of project
Fee for Level Ill - $45.00 per hour, billed monthly.
0 0
DESIGN AND SPECIFICATION TERMS AND CONDITIONS
CUSTOMER RESPONSIBILITIES
A. The Customer agrees to provide complete information regarding
requirements for the Project, inclusive of Drawings, Specifications, Servic
information surveys pertaining to the Project and Office Pavilion shall
entitled to rely on the accuracy and completeness thereof.
The Customer shall examine documents prepared by Office Pavilion ir
timely manner so as to avoid unreasonable delay in the progress of
services to be provided by Office Pavilion.
B.
REVISIONS
Revisions and changes in drawings, specifications, schedules or other documents t
have been consistent with written approval and instruction previously given from
Customer shall be charged to the Customer at a rate of $45.00 per hour. Office Pavil
shall notify the City prior to the start of any revisions and shall estimate the total cos
revisions.
The Customer shall be notified immediately by Office Pavilion when revision time OCCL
Revisions will be provided or commenced only if authorized by the Customer in writing s
be paid for as specified under the terms of payment as provided in this agreement.
OWNERSHIP OF DOCUMENTS
All documents, plans, specifications, drawings, reports and studies are property of the C
whether the work for which they are made is to be executed or not. In the event 1
agreement is terminated, all documents, plans, specifications, drawings, reports, i
studies, shall be delivered forthwith to the City. office Pavilion shall have the right to mz
and retain reproducible copies of all documents, plans, specifications, drawings, repc
and studies.
0 0
REIMBURSABLE EXPENSES
The following expenditures incurred by Office Pavilion for the execution of the servic
for the Project shall be reimbursed to Office Pavilion by the Customer.
1 . All costs incurred by Office Pavilion staff or it's designated agents in secui
building permits.
2. Reproductions (such as blueprinting)
FEES
INTERIOR DESIGN SERVICES shall be based upon the following rates:
Level I Included in purchase price of product
Level II 2% of list
Level Ill $45.00 per hour
Minimum design charge is $80.00.
The Customer shall be notified if additional hours over the estimated time are deem
necessary due to the expanded scope of, or change in services not before requested
the Customer.
INTERIOR DESIGN SERVICES shall be billed to the Customer at the completion of
design phase of the project.
REIMBURSABLE EXPENSES shall be billed to the Customer monthly for the duratior
the Project, where applicable, at a rate equal to actual costs incurred.
Payments to Office Pavilion are due net 30 days from the receipt of invoice.
0 0
GENERAL TERMS & CONDITIONS:
PRICE:
All product prices include freight except the (*) items, where actual freight costs are t
be billed.
Price does not include any applicable taxes.
F.O.B. POINT:
Destination (For orders installed and delivered by the Office Pavilion.)
Factory (For orders shipped at the City's request directly to it from manufacturer.)
PAYMENT:
Terms of payment are to be based upon the following schedule:
I. 0 percent of product amount upon order placement.
2. 100 percent of product amount net 30 days upon arrival and acceptance of e
individual product.
3. Installation contract amount net 30 days upon completion of project.
4. DesigdSpecification services will be invoiced at the end of each month, net 30 d
from date of invoice.
ASSIGNMENT OR DELEGATION:
Neither party shall assign any portion of the agreement nor delegate any of its dutie
hereunder without written consent of the other party.
REPROCESSING FEE:
In the event Customer (with the prior approval of the Office Pavilion) elects to finance
purchase of merchandise through a third party, Customer agrees to reimburse 0
Pavilion for all costs and expenses incurred by Office Pavilion for processing I
financing order, including, without limitation, a minimum "reprocessing fee" of $200.(
0 0
SHIPMENT:
METHOD:
Unless complete instructions are stipulated as to method of shipment, the manufactc
will select, in its opinion, the best method of shipment. Customer shall be so
responsible for payment of any added costs incurred by Office Pavilion as a result (
special shipping request of Customer. Such additional costs shall be billed to Custor
by office Pavilion and shall be due and payable 30 days after Customer's receipt of si
shipments to Customer and for filing any freight damage or shortage claims.
billing. Customer shall be solely responsible for inspecting and signing for all dii
STORAGE FEE:
In the event any shipment of merchandise to Customer is delayed by Customer, Of
Pavilion may place such merchandise in storage. Placement of any merchandisc
storage shall be deemed to be "delivery" of such merchandise to Customer for all purpo
(including invoicing and payment) under this Agreement and any other contract betw
Office Pavilion and Customer relating to such merchandise. Office Pavilion agree
provide proof of storage cost to customer as a condition of reimbursement paymenl
items in storage, however, the merchandise invoice date will be based on the date pro(
arrived at storage facility. Storage will be performed for the City of Carlsbad at no chz
for a maximum of 30 days. Any storage requirements beyond 30 days will be billed to
City. The billable amount will be actual storage and handling costs, invoiced witt-
itemized schedule of expenses.
ORDERS:
All orders must be received via purchase order to avoid error andor duplicai
Customer's signature on purchase order shall constitute acceptance of this Agreement
shall serve as written authorization for office Pavilion to proceed with the processin
Customer's order.
0 0
RETURNS, CANCELLATIONS, AND CHANGES:
RETURN OF MERCHANDISE:
Customer acknowledges and agrees that Office Pavilion has no obligation or responsit
whatsoever to accept return of any previously accepted merchandise from Custor
Office Pavilion may, in its sole discretion, agree to accept return of certain speci
merchandise from Customer, and Customer agrees that any such agreed returi
accommodating the return. Office Pavilion agrees to provide proof of such costs to the
prior to reimbursement.
merchandise shall be subject to costs incurred by Office Pavilion in arranging for
CANCELLATION OF MERCHANDISE ORDER:
office Pavilion agrees that merchandise orders may be canceled with written authoriza
from Customer. Upon cancellation, Customer agrees to pay to Office Pavilion all ac
costs incurred by office Pavilion as a result of such cancellation, which "costs" are agr
to be the actual expenses incurred by Office Pavilion.
CHANGES TO MERCHANDISE ORDERS:
City retains the right to change merchandise orders but agrees to pay all costs resul
from order changes requested by Customer. These "costs" are agreed to be the ac
expenses incurred by Office Pavilion. Customer further agrees that Office Pavilion :
not be responsible for any delays in shipment or delivery resulting from such changt
INSTALLATION:
The installation price quoted includes the unloading and "staging" of all furniture tc
installed and, after the installation is completed, the removal of all cartons and pacl
materials and the cleaning and preparation of each workstation for immediate occupai
The installation price quoted is based on the workstation configurations referenced in
Agreement. Any alternations in these configurations may affect the price of installa
and must be approved by Office Pavilion.
-
0 0
Installation price and the time required to complete the installation are contingent upon
accessibility and cleanliness of the job-site. Office Pavilion personnel must be provic
unimpeded access to the project site at all times. In addition, warehouse and stag
areas must be available and approved by Office Pavilion. Any and all costs incurrec
a clean and accessible job-site shall be the sole financial responsibility of Customer, wt
"costs" are agreed to be the actual expenses incurred by Office Pavilion plus 15%
office Pavilion overhead. The sequence of installation is to be decided by Office Pavi
unless Customer provides an acceptable installation schedule to Office Pavilion.
Office Pavilion as a result of Customer's failure to furnish Office Pavilion personnel \
Installation personnel must be issued necessary clearance for access to the job-site
Electrical power and lighting are to be provided by Customer during installation.
Installation personnel must be given adequate time to test the system's electrical circi
with the system's power source "on" prior to Customer's move in and connectioi
equipment to the system's electrical circuitry. Office Pavilion shall not be responsiblc
any damage caused to equipment if the test has not been completed.
Office Pavilion personnel shall not be responsible for maintaining security at the job!
during unloading, storage, staging, and installation of the system.
Office Pavilion defines "normal system adjustments'' as ordinary maintenance and
adjustment due to product failure or repair. Any reconfiguration of system product
would incur additional installation charges.
INSTALLATION TRAINING WORKSHOP:
Office Pavilion will provide an on-site workshop for Customer's maintenance staff.
workshop is to be conducted by Office Pavilion personnel. The purpose of the works
will be to allow Customer's personnel the opportunity to work with the products, to beu
familiar with the parts and components, and to review the "staging" process so that fu
reconfiguration can be handled by Customer's personnel without outside assistai
There will be no charge for providing this workshop Provided the workshop is conduc
at the time of the installation when installers from Office Pavilion are present at the
site.
MANUFACTURERS WARRANTY:
The merchandise sold by Ofice Pavilion to Customer shall be covered by a written pro'
0 0
warranty furnished by the manufacturer of such merchandise; and it is specifically agr
that the manufacturer's warranty is the exclusive and only warranty supplied with
merchandise sold/purchased under this Agreement. Off ice Pavilion does not make
express warranty concerning merchandise sold under this Agreement and DISCLA
ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS v\r
RESPECT TO THE SUBJECT MERCHANDISE.
LIABILITY/INSURANCE:
Office Pavilion shall maintain insurance adequate to protect it from claims under worl
compensation acts and from claims for damages for personal injury to anyone, incluc
death, and damage to property which may arise from operations under this agreerr
In addition, Office Pavilion agrees to be responsible for any damage caused to
property or to the work of other contractors or vendors and to repair such damage at 0
Pavilion's own cost. The policy limits for workman compensation are $2,000,000.00,
the policy limits for general liability are $1,000,000.00.
CLAIMS:
Customer or Customer's designated representative shall inspect all completed work
a representative of Office Pavilion and shall sign a Certificate of Completion a1
time of such inspection. Except for latent defects, any claims for discrepancies, dam,
or disputed items (in connection with such completed work) must be noted at the tin
Customer's inspection, otherwise the work shall be deemed complete and ir
compliance with the terms, conditions, and specifications of this Agreement.
MISCELLANEOUS PROVISIONS:
PUBLIC AGENCY CLAUSE:
It is intended that any other Public Agency (Le. City, County, District, Public Auth
Public Agency, Municipal Utility, and other Political sub-division or Public Corporati
California) located in San Diego County shall have the option to participate in the purc
of the specified products and services at the same discounts and established rat(
contained in this agreement with the City of Carlsbad.
The City of Carlsbad shall incur no financial responsibility in connection with the purc
by another Public Agency. The Public Agency shall accept sole responsibilil
placement of order and payment to Office Pavilion.
SIGNATURE AUTHORITY:
Each individual signing this Agreement on behalf of Customer warrants that he or !
is duly authorized to bind Customer to this Agreement in accordance with its terms
4 0 e
4
GOVERNING LAW AND VENUE:
This Agreement shall be governed by the laws of the State of California and all clai
disputes and controversies arising out of, or relating to, this Agreement shall be submit
through litigation, to the Municipal or Superior Court of San Diego County, North Coi
Branch, for determination under California law.
M 0 D I F I CAT1 0 N S :
This agreement may be modified upon written consent of both parties. All rates and 1
determined on an hourly or per square foot basis (not including percentages of
schedules) are subject to review and renegotiation on each anniversary date of
agreement.
SUSPENSION OR TERMINATION:
This agreement may be terminated with just cause by either party upon tendering th
(30) days written notice to the other party, provided that any furniture ordered but nc
yet installed at the time of termination shall be provided in accordance with this agreerr
t 0 e
'3 .
FINAL AGREEMENT:
UPON ACCEPTANCE BY CUSTOMER, THIS AGREEMENT SHALL BECOME A BIND1
CONTRACT AND ALL PURCHASES/SALES BETWEEN OFFICE PAVILION P
CUSTOMER UNDER THIS AGREEMENT SHALL BE GOVERNED BY THE TERMS P
PROVISIONS OF THIS CONTRACT UNLESS OTHERWISE AGREED TO IN WRIT1
BY AN AUTHORIZED REPRESENTATIVE OF OFFICE PAVILION. THIS AGREEME
WILL COMMENCE UPON THE DATE OF THE FINAL SIGNATURE AND WILL REM
VALID FOR A PERIOD OF 60 MONTHS FROM THIS DATE. UPON EXPIRATION
THE AGREEMENTl CUSTOMER AND OFFICE PAVILION MAY OPT TO RENEW
TERMS AND CONDITIONS ARE MUTUALLY AGREED UPON.
- pz 7- y.jj
Steve Hefined Acc%unt Executive Date
Office Pavilion, San Diego
q -27 E&
/
/i ,&a4 _. - Vicky C&lson, Date
Office Pavilion,
/o -p--K
CLAUDE A. LEWIS, MAYOR Date
Approved as to Form:
Ron Ball
City Attorney
/, - /z -YC
Date