HomeMy WebLinkAbout1995-10-10; City Council; Resolution 95-2941
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RESOLUTION NO. 95-294
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBF
CALIFORNIA, APPROVING AN AGREEMENT FOR THE PURCHASE
OFFICE SYSTEM FURNITURE BETWEEN THE CITY OF CARLSBAD
AND B-K COX INC DBA OFFICE PAVILION.
WHEREAS, the City Council has standardized office furnishings with Herm:
and
WHEREAS, the bidding procedures have been waived; and
WHEREAS, a satisfactory agreement to provide office systems furnit
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 C
California, as follows:
1. That the agreement for office Systems Furniture, as shown in Exhibit A, I
hereto and made a part hereof, is approved, and the Mayor is authorize
on behalf of the City.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carls
Council held on the 10th day of OCTOBER , 1995, by the follow
to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, CITY CLERK 1
(SEAL)
* @
EXHIBIT A
Purchasing Agreement
prepared for
City of Carlsbad
By: Steve Hennes
Office Pavilion, San Diego
September 27, 1995
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1 OFFICE PAVILION
PURCHASING AGREEMENT
The following is offered as a purchasing agreement between the Office Pavilion and C
of Carlsbad, herein referred to as "City" or "Customer." The intent of this agreement is
provide the products and services of the Office Pavilion to City of Carlsbad at schedul
rates and terms and with the highest quality and level of service. No amount or particu
volume of purchase is implied or required by this agreement. It is mutually agreed ti
products may be added or deleted to this agreement as needed. All products that i
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 prici
terms:
I. PRODUCTS
Office Pavilion shall provide the city with two (2) complete sets of manufacturers' mc
recent price list and current product brochures. As new items become available in t
designated product lines, they will become a part of the contract and will be subject to t.
same discount offered in this agreement.
1, To provide Herman Miller Action Office Encore and Action Office products at tl
following percentage discounts from the current list prices at the time of ord
placement.
ORDER TOTAL
LIST PRICE
LEAD TIME DISCOUNT OFF
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 th
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 %
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' 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
LIST PRICE
LEAD TIME
PROGRAM
DISCOUNT OFF
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
LIST PRICE
LEAD TIME DISCOUNT OFF
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
LIST PRICE
LEAD TIME
PROGRAM
DISCOUNT OFF
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
LIST PRICE
LEAD TIME
PROGRAM
$0.00 - $50,000.00 Standard
$50,001 .OO - $200,000.00 Standard
DISCOUNT OFF
OF LIST PRICE
44%
47%
$200,001 .oo + Standard Negotiable
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*7. To provide Eck Adam products at the following percentage discounts off of
current list prices at the time of order placement.
ORDER TOTAL
LIST PRICE
LEAD TIME DISCOUNT OFF
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 curt-(
list prices at the time of order placement.
ORDER TOTAL
LIST PRICE
LEAD TIME
PROGRAM
$0.00 - $50,000.00 Standard
$50,001 .OO - $200,000.00 Standard
DISCOUNT OFF
OF LIST PRICE
46%
48%
$200,001 -00 + Standard Negotiable
9. To provide Holga Files products at the following percentage discounts off of curre
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
* Freight charges to be added if applicable.
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IO. Tb provide Meridian Files products at the following percentage discounts off
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
$50,000.00 - $200,000.00 Standard
$200,001 .00 + Standard
48%
49%
Negotiable
*I 1. To provide Phoenix Design product at the following percentage discounts off oi
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
*I2 To provide K & K Casegoods and Seating products at the following percent2
discounts off of current list prices at the time of order placement.
ORDER TOTAL
LIST PRICE
LEAD TIME DISCOUNT OFF
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.
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"13. To provide Cleator and Curtis products at the following percentage discounts 01
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.
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II. INSTALLATION AND DELIVERY:
1. New Product:
Systems furniture (new products) excluding V-Wall and Ethospace (includ
casegoods and seating when 80% systems).
Percentage 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 or
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).
$0.00 - $250,000.00
Percentage of List Price
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. Reconfiguration. New and Old Product:
In all cases the charge is $35.00 per man hour. This includes, but is not limited
teardown, intra and inter-facility transportation, and rebuilding of product. All ra
are based on standard time (Monday - Friday, 7:OO am4:OOpm). Minimum chal
$50.00.
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4. DeliverISet-up of Task, Stack, Executive or Guest Seating.
1 - 20 pieces $8.00 per piece
20 + pieces $7.00 per piece
5. Delivendset-up of Filincl and Single Seat Lounqe Seating (when not part o'
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).
6. 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).
7. Tables
Up to 42" Diameter or Length $1 5.00 per piece
Up to 42" - 72" Diameter or Length $30.00 per piece
Up to 72" - 96" Diameter or Length $45.00 per piece
Greater than 96" Diameter or Length Quotation Basis
8. Overtime rates for Installation of systems.
Monday - Friday 4:OO pm - 1200 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
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111. DESIGN AND SPECIFICATION:
FEE SCHEDULES
LEVEL I: Sf EClFfCATlON
A. Office Pavilion will prepare product specifications and installation drawin
on all plans provided by the City of Carlsbad. Office Pavilion will not
responsible for field verification of dimensions to determine products u
properly fit into plan area or determineherify, 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.
2. Documentation of existing and projected requirements related to spa(
personnel, furniture, equipment, operational procedures and
communicational relationships
3. Review and examination of collected data to determine the feasibility
achieving the Customer's requirements within the limitations of the buildi
or buildings within which the Project is located.
B. PRELIMINARY DESIGN PHASE
1. Based on approved programming phase, schematic layouts shall
prepared showing departmental relationships, space allocation, personn
and operational diagrams, furniture and equipment layouts for Custon
approval.
2. Establish design concept of the project and establishing types and qualit)
of finishes, materials, and furniture.
3. Prepare preliminary budgets for Customer approval.
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C.
1.
2.
3.
D.
1.
2.
E.
I.
2.
3.
4.
I DESIGN DEVELOPMENT PHASE
Preparation of drawings indicating fixed location and description of interi
partitions and furniture including special design features that are
incorporated into floors, walls, partitions, and ceilings.
Preparation of color scheme including materials and finishes for the
Project.
Presentation of custom designed furniture or millwork for final approval.
CONSTRUCTION DOCUMENT PHASE
Based on approved Design Development Submissions, Office Pavilion sh
prepare for final approval of the Customer: Drawings, scheduk
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.
CONTRACT ADMINISTRATION
The Contract Administration phase shall commence with the award of o
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 an
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 work
proceeding in accordance with the Contract Documents.
Additional Services can be listed on basic services on a per Project basis
Fee for Level I1 - 2% of current list price.
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LEVEL 111: RECONFIGURATION
Level 111 design will include all aspects of Level Ii design services, and will include the
following:
A. Inventory of existing product
6. inventory reconciliation of existing product with parts necessary for completic
of project
Fee for Level 111 - $45.00 per hour, billed monthly.
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DESIGN AND SPECIFICATION TERMS AND CONDITIONS
CUSTOMER RESPONSIBILITIES
A. The Customer agrees to provide complete information regarding t
requirements for the Project, inclusive of Drawings, Specifications, Servia
information surveys pertaining to the Project and Office Pavilion shall
entitled to rely on the accuracy and completeness thereof.
8. The Customer shall examine documents prepared by Office Pavilion in
timely manner so as to avoid unreasonable delay in the progress of tl
services to be provided by Office Pavilion.
REVISIONS
Revisions and changes in drawings, specifications, schedules or other documents tt
have been consistent with written approval and instruction previously given from t~
Customer shall be charged to the Customer at a rate of $45.00 per hour. Office Pavilil
shall notify the City prior to the start of any revisions and shall estimate the total cost
revisions.
The Customer shall be notified immediately by Office Pavilion when revision time occur
Revisions will be provided or commenced only if authorized by the Customer in writing ar
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 Cii
whether the work for which they are made is to be executed or not. In the event tt
agreement is terminated, all documents, plans, specifications, drawings, reports, ar
studies, shall be delivered forthwith to the City. Office Pavilion shall have the right to mal
and retain reproducible copies of all documents, plans, specifications, drawings, repor
and studies.
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REIMBURSABLE EXPENSES
The following expenditures incurred by Office Pavilion for the execution of the service
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 securii
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 oft
design phase of the project.
REIMBURSABLE EXPENSES shall be billed to the Customer monthly for the duration
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.
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GENERAL TERMS & CONDITIONS:
PRICE:
All product prices include freight except the (*) items, where actual freight costs are to
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:
1. 0 percent of product amount upon order placement.
2. 100 percent of product amount net 30 days upon arrival and acceptance of e2
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 dz
individual product:
from date of invoice.
ASSIGNMENT OR DELEGATION:
Neither party shall assign any portion of the agreement nor delegate any of its duties
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 Off
Pavilion for all costs and expenses incurred by Office Pavilion for processing SI
financing order, including, without limitation, a minimum "reprocessing fee" of $200.0
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SHIPMENT:
METHOD:
Unless complete instructions are stipulated as to method of shipment, the manufactur
will select, in its opinion, the best method of shipment. Customer shall be sole
responsible for payment of any added costs incurred by Office Pavilion as a result 0:
by Office Pavilion and shall be due and payable 30 days after Customer's receipt of su
billing. Customer shall be solely responsible for inspecting and signing for all dirc
shipments to Customer and for filing any freight damage or shortage claims.
special shipping request of Customer. Such additional costs shall be billed to Custm
STORAGE FEE:
In the event any shipment of merchandise to Customer is delayed by Customer, Offi
Pavilion may place such merchandise in storage. Placement of any merchandise
storage shall be deemed to be "delivery" of such merchandise to Customer for all purpos
(including invoicing and payment) under this Agreement and any other contract betwe
Office Pavilion and Customer relating to such merchandise. Office Pavilion agrees
provide proof of storage cost to customer as a condition of reimbursement payment
items in storage, however, the merchandise invoice date will be based on the date prod[
arrived at storage facility. Storage will be performed for the City of Carlsbad at no char
for a maximum of 30 days. Any storage requirements beyond 30 days will be billed to t
City. The billable amount will be actual storage and handling costs, invoiced with
itemized schedule of expenses.
ORDERS:
All orders must be received via purchase order to avoid error and/or duplicatic
Customer's signature on purchase order shall constitute acceptance of this Agreement a
shall serve as written authorization for Office Pavilion to proceed with the processing
Customer's order.
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RETURNS, CANCELLATIONS, AND CHANGES:
RETURN OF MERCHANDISE:
Customer acknowledges and agrees that Office Pavilion has no obligation or responsibil
whatsoever to accept return of any previously accepted merchandise from Custom(
Office Pavilion may, in its sole discretion, agree to accept return of certain specifi
merchandise from Customer, and Customer agrees that any such agreed return
accommodating the return. Office Pavilion agrees to provide proof of such costs 'to the c
prior to reimbursement.
merchandise shall be subject to costs incurred by Office Pavilion in arranging for a
CANCELLATION OF MERCHANDISE ORDER:
Office Pavilion agrees that merchandise orders may be canceled with written authorizati
from Customer. Upon cancellation, Customer agrees to pay to Office Pavilion all act1
costs incurred by Office Pavilion as a result of such cancellation, which "costs" are agre
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 resulti
from order changes requested by Customer. These "costs" are agreed to be the act[
expenses incurred by Office Pavilion. Customer further agrees that Office Pavilion st-
not be responsible for any delays in shipment or delivery resulting from such change:
INSTALLATION:
The installation price quoted includes the unloading and "staging" of all furniture to
installed and, after the installation is completed, the removal of all cartons and packi
materials and the cleaning and preparation of each workstation for immediate occupan
The installation price quoted is based on the workstation configurations referenced in 1
Agreement. Any alternations in these configurations may affect the price of installati
and must be approved by Office Pavilion.
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Installation price and the time required to complete the installation are contingent upon tl
accessibility and cleanliness of the job-site. Office Pavilion personnel must be providc
unimpeded access to the project site at all times. In addition, warehouse and stagil
areas must be available and approved by Office Pavilion. Any and all costs incurred
Office Pavilion as a result of Customer's failure to furnish Office Pavilion personnel w
a clean and accessible job-site shall be the sole financial responsibility of Customer, whi
"costs" are agreed to be the actual expenses incurred by Office Pavilion plus 15% 1
Office Pavilion overhead. The sequence of installation is to be decided by Office Pavilil
unless Customer provides an acceptable installation schedule to Office Pavilion.
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 circui
with the system's power source "on" prior to Customer's move in and connection
equipment to the system's electrical circuitry. Office Pavilion shall not be responsible '
any damage caused to equipment if the test has not been completed.
Office Pavilion personnel shall not be responsible for maintaining security at the jobsi
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. T
workshop is to be conducted by Office Pavilion personnel. The purpose of the worksh
will be to allow Customer's personnel the opportunity to work with the products, to becol
familiar with the parts and components, and to review the "staging" process so that futl
reconfiguration can be handled by Customer's personnel without outside assistanc
There will be no charge for providing this workshop Provided the workshop is conduct
at the time of the installation when installers from Office Pavilion are present at the j(
site.
MANUFACTURER'S WARRANTY:
The merchandise sold by Office Pavilion to Customer shall be covered by a written prodl
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warranty furnished by the manufacturer of such merchandise; and it is specifically agret
that the manufacturer's warranty is the exclusive and only warranty supplied with tt
merchandise sold/purchased under this Agreement. Office Pavilion does not make a1
express warranty concerning merchandise sold under this Agreement and DISCLAIN
ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS WIT
RESPECT TO THE SUBJECT MERCHANDISE.
LIABILITY/INSURANCE:
Office Pavilion shall maintain insurance adequate to protect it from claims under work(
compensation acts and from claims for damages for personal injury to anyone, includi
death, and damage to property which may arise from operations under this agreeme
In addition, Office Pavilion agrees to be responsible for any damage caused to c
property or to the work of other contractors or vendors and to repair such damage at Off;
Pavilion's own cost. The policy limits for workman compensation are $2,000,000.00, E
the policy limits for general liability are $1,000,000.00.
CLAIMS:
Customer or Customer's designated representative shall inspect all completed work v
a representative of Office Pavilion and shall sign a Certificate of Completion at
time of such inspection. Except for latent defects, any claims for discrepancies, dams(
or disputed items (in connection with such completed work) must be noted at the time
Customer's inspection, otherwise the work shall be deemed complete and in
compliance with the terms, conditions, and specifications of this Agreement.
MISCELLANEOUS PROVISIONS:
PUBLIC AGENCY CLAUSE:
It is intended that any other Public Agency (i.e. City, County, District, Public Authol
Public Agency, Municipal Utility, and other Political sub-division or Public Corporatiol
California) located in San Diego County shall have the option to participate in the purch
of the specified products and services at the same discounts and established rate!
contained in this agreement with the City of Carlsbad.
The City of Carlsbad shall incur no financial responsibility in connection with the purch
by another Public Agency. The Public Agency shall accept sole responsibility
placement of order and payment to Office Pavilion.
SIGNATURE AUTHORITY:
Each individual signing this Agreement on behalf of Customer warrants that he or SI
is duly authorized to bind Customer to this Agreement in accordance with its terms.
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GOVERNING LAW AND VENUE:
This Agreement shall be governed by the laws of the State of California and all claim
disputes and controversies arising out of, or relating to, this Agreement shall be submitte
through litigation, to the Municipal or Superior Court of San Diego County, North Cour
Branch, for determination under California law.
MODIFICATIONS:
This agreement may be modified upon written consent of both parties. All rates and fe
determined on an hourly or per square foot basis (not including percentages of 1
schedules) are subject to review and renegotiation on each anniversary date of tt
agreement.
SUSPENSION OR TERMINATION:
This agreement may be terminated with just cause by either party upon tendering thir
(30) days written notice to the other party, provided that any furniture ordered but not
yet installed at the time of termination shall be provided in accordance with this agreemE
r)
I
FINAL AGREEMENT:
UPON ACCEPTANCE BY CUSTOMER, THIS AGREEMENT SHALL BECOME A BlNDlh
CONTRACT AND ALL PURCHASESSALES BETWEEN OFFICE PAVILION Ah GUS JOMER UNDER THIS AGREEMENT SHALL BE GOVERNED BY THE TERMS Ah
PROVISIONS OF THIS CONTRACT UNLESS OTHERWISE AGREED TO IN WRlTlh
BY AN AUTHORIZED REPRESENTATIVE OF OFFICE PAVILION. THIS AGREEMEP
WILL COMMENCE UPON THE DATE OF THE FINAL SIGNATURE AND WILL REMA
VALID FOR A PERIOD OF 60 MONTHS FROM THIS DATE. UPON EXPIRATION C
THE AGREEMENT, CUSTOMER AND OFFICE PAVILION MAY OPT TO RENEW,
TERMS AND CONDITIONS ARE MUTUALLY AGREED UPON.
Office Pavjlion, San Diego
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Vicky Cklson, Pfln&ipal Date
Office Pavilion, $an Diego
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Date
Approved as to Form:
Ron Ball
City Attorney
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Date