HomeMy WebLinkAboutC-8606-1 - Purchase Agreement for Junior Lifeguard Uniform ApparelPURCHASE AGREEMENT
WITH QS WHOLESALE, LLC FOR
JUNIOR LIFEGUARD UNIFORM APPAREL
THIS PURCHASE AGREEMENT ("Agreement") is made and entered into as of
this 24th day of September, 2019, by and between the City of Newport Beach, a California
municipal corporation and charter city ("City"), and QS WHOLESALE, LLC, a California
limited liability company ("Vendor"), whose principal place of business is 5600 Argosy
Avenue, Suite 100, Huntington Beach, California 92649, and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City conducts an annual Junior Lifeguard Program wherein enrolled participants
are supplied with Junior Lifeguard Uniforms and the option to purchase additional
apparel with the Junior Lifeguard logo.
C. City desires to engage Vendor to supply program apparel to support the City's
requirements for the Junior Lifeguard Program including, but not limited to,
backpacks, hats, boardshorts, sweatshirts, t -shirts, rashguards, beach towels,
instructor shirt/dress, and swimsuits on an annual basis for the term of this
Agreement ("Project").
D. Vendor has carefully reviewed and evaluated the specifications set forth by the
City for the Project, and is familiar with all conditions relevant to the performance
of services and has committed to perform all work required for the price specified
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Unless earlier terminated in accordance with Section 16 of this Agreement, the
initial term of this Agreement shall be for a period of three (3) years. The term of this
Agreement shall commence on the above written date, and shall terminate on September
23, 2022 unless terminated earlier as set forth herein.
The term of this Agreement shall be extended for two (2) additional one (1) year
terms with the extensions to automatically commence upon the expiration of the initial
term or any extended term. City may terminate these automatic one (1) year extensions
by notifying the Vendor in writing at least thirty (30) days before the end of the initial term
or any extended term, of its intent to terminate this Agreement at the conclusion of the
initial term or any extension. This termination provision shall only apply to the automatic
extensions; it does not apply to termination of the Agreement as a whole, which is
governed by Section 16. The initial term of this Agreement shall not extend beyond three
(3) years. Including automatic extensions, the entire term shall not extend beyond five (5)
years.
2. SCOPE OF WORK
Vendor shall perform all the work and deliver all the goods as described in the
Scope of Work attached hereto as Exhibit A and incorporated herein by this reference
("Services," "Work" or "Goods"). As a material inducement to the City entering into this
Agreement, Vendor represents and warrants that Vendor is a provider of first class work
and Vendor is experienced in performing the Work contemplated herein and, in light of
such status and experience, Vendor covenants that it shall follow the highest professional
standards in performing the Work required hereunder and that all materials will be of good
quality. For purposes of this Agreement, the phrase "highest professional standards"
shall mean those standards of practice recognized by one or more first-class firms
performing similar work under similar circumstances.
Vendor shall perform everything required to be performed, and shall provide and
furnish all the labor, materials, necessary tools, expendable equipment and all
transportation services necessary for the Project.
3. TIME OF PERFORMANCE
Time of delivery is the essence of this Agreement. The City reserves the right to
refuse any Goods and to cancel all or any part of the Goods not conforming to applicable
specifications, drawings, samples or descriptions. Acceptance of any part of the order
for Goods shall not bind City to accept further shipments, nor deprive City of the right to
return goods already accepted, at Vendor's expense. Over shipments and under
shipments shall be only as agreed to by the City.
Notwithstanding the foregoing, Vendor shall not be responsible for delays due to
causes beyond Vendor's reasonable control. However, in the case of any such delay in
the Goods to be provided for the Project, each party hereby agrees to provide notice to
the other party so that all delays can be addressed.
Vendor shall submit all requests for extensions of time for delivery in writing to the
Project Administrator as soon as reasonably possible, but no event later than ten (10)
calendar days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Vendor's control.
For all time periods not specifically set forth herein, Vendor shall respond in the
most expedient and appropriate manner under the circumstances, by telephone, fax,
hand -delivery or mail.
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4. COMPENSATION
City shall pay Vendor for the goods on a fixed rate basis, in accordance with the
provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B,
and incorporated herein by reference. No rate changes shall be made during the term of
this Agreement without the prior written approval of the City.
The total amount available to compensate Vendor for all goods and services
provided pursuant to this Agreement shall not exceed the sum of One Million Dollars
and 00/100 ($1,000,000.00) during the term of this Agreement, including any term
extensions. Vendor shall not receive any additional compensation unless approved in
advance by the City in writing. City shall pay Vendor no later than thirty (30) days after
invoice and acceptance of shipments by the City.
5. ADMINISTRATION
This Agreement will be administered by the Fire Department. Lifeguard Operations
Assistant Chief, or his/her designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the Services to
be rendered pursuant to this Agreement.
6. TYPE OF MATERIALS/STANDARD OF CARE
6.1 Vendor shall use only the standard materials described in Exhibit B in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit B shall not be utilized unless approved in advance by the City Administrator.
6.2 All of the Services shall be performed by Vendor or under Vendor's
supervision. Vendor represents that it possesses the personnel required to perform the
Services required by this Agreement, and that it will perform all Services in a manner
commensurate with highest professional standards. All Services shall be performed by
qualified and experienced personnel who are not employed by City, nor have any
contractual relationship with City.
7. RESPONSIBILITY FOR DAMAGES OR INJURY
7.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Vendor's performance of the Services required hereunder, or for damage to
property from any cause arising from the performance of the Project by Vendor, or its
contractors, consultants, workers, or anyone employed by either of them.
7.2 Vendor shall be responsible for any liability imposed by law and for injuries
to or death of any person or damage to property resulting from defects, obstructions or
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from any cause arising from Vendor's Work on the Project, or the Work of any
subcontractor or supplier selected by the Vendor.
7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Vendor
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed
as authorizing any award of attorney's fees in any action on or to enforce the terms of this
Agreement. This indemnity shall apply to all claims and liability regardless of whether
any insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by the Consultant.
7.4 Vendor shall perform all Project Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Vendor shall be liable for any private or public property damaged during the performance
of the Project Work.
7.5 To the extent authorized by law, as much of the money due Vendor under
and by virtue of the Agreement as shall be considered necessary by City may be retained
by it until disposition has been made of such suits or claims for damages as aforesaid.
7.6 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
8. INDEPENDENT CONTRACTOR
City has retained Vendor as an independent contractor and neither Vendor nor its
employees are to be considered employees of the City. The manner and means of
conducting the Work are under the control of Vendor, except to the extent they are limited
by statute, rule or regulation and the express terms of this Agreement. No civil service
status or other right of employment shall accrue to Vendor or its employees. Nothing in
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this Agreement shall be deemed to constitute approval for Vendor or any of Vendor's
employees or agents, to be the agents or employees of City. Vendor shall have the
responsibility for and control over the means of performing the Work, provided that
Vendor is in compliance with the terms of this Agreement. Anything in this Agreement
that may appear to give City the right to direct Vendor as to the details of the performance
of the Work or to exercise a measure of control over Vendor shall mean only that Vendor
shall follow the desires of City with respect to the results of the Services.
9. COOPERATION
Vendor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work to
be performed. City agrees to cooperate with the Vendor on the Project.
10. INSURANCE
10.1 Provision of Insurance. Without limiting Vendor's indemnification of City,
and prior to commencement of Work, Consultant shall obtain, provide and maintain at its
own expense during the term of this Agreement, or for other periods as specified in this
Agreement, policies of insurance of the type, amounts, terms and conditions described
below and in a form satisfactory to City. Vendor agrees to provide insurance in
accordance with requirements set forth here. If Vendor uses existing coverage to comply
and that coverage does not meet these requirements, Vendor agrees to amend,
supplement or endorse the existing coverage. The cost of such insurance shall be
included in Vendor's bid.
10.2 Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of
insurance in the State of California, with an assigned policyholders' Rating of A- (or
higher) and Financial Size Category Class VII (or larger) in accordance with the latest
edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
10.3 Coverage Requirements.
10.3.1 Workers' Compensation Insurance. Vendor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of
California, Section 3700 of the Labor Code. Consultant shall submit
to City, along with the certificate of insurance, a Waiver of
Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
10.3.2 General Liability Insurance. Vendor shall maintain commercial
general liability insurance, and if necessary umbrella liability
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insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than one
million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability
arising from premises, operations, personal and advertising injury,
and liability assumed under an insured contract (including the tort
liability of another assumed in a business contract).
10.3.3 Automobile Liability Insurance. Vendor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00
01 covering bodily injury and property damage for all activities of
Consultant arising out of or in connection with Work to be performed
under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than one million
dollars ($1,000,000) combined single limit each accident.
10.4 Other Insurance Requirements. The policies are to contain, or be endorsed
to contain, the following provisions:
10.4.1 Waiver of Subroqation. All insurance coverage maintained or
procured pursuant to this Agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow Vendor
or others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Vendor
hereby waives its own right of recovery against City, and shall require
similar written express waivers from each of its subcontractors.
10.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, if
required, but not including professional liability, shall provide or be
endorsed to provide that City and its officers, officials, employees,
and agents shall be included as insureds under such policies.
10.4.3 Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance
or self-insurance maintained by City.
10.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for
which ten (10) calendar days' notice is required) or nonrenewal of
coverage for each required coverage.
10.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
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10.5.1 Evidence of Insurance. Vendor shall provide certificates of
insurance to City as evidence of the insurance coverage required
herein, along with a waiver of subrogation endorsement for workers'
compensation and other endorsements as specified herein for each
coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file
with City at all times during the term of this Agreement. City reserves
the right to require complete, certified copies of all required insurance
policies, at any time.
10.5.2 City's Right to Revise Requirements. City reserves the right at any
time during the term of the Agreement to change the amounts and
types of insurance required by giving Vendor sixty (60) calendar days
advance written notice of such change. If such change results in
substantial additional cost to Vendor, City and Vendor may
renegotiate Vendor's compensation.
10.5.3 Enforcement of Aqreement Provisions. Vendor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Vendor of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
10.5.4 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type. If the Vendor maintains higher limits than
the minimums shown above, the City requires and shall be entitled
to coverage for higher limits maintained by the Vendor. Any available
insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
10.5.5 Self-insured Retentions. Any self-insured retentions must be
declared to and approved by City. City reserves the right to require
that self-insured retentions be eliminated, lowered, or replaced by a
deductible. Self-insurance will not be considered to comply with
these requirements unless approved by City.
10.5.6 City Remedies for Non -Compliance. If Vendor or any subcontractor
fails to provide and maintain insurance as required herein, then City
shall have the right but not the obligation, to purchase such
insurance, to terminate this Agreement, or to suspend Consultant's
right to proceed until proper evidence of insurance is provided. Any
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amounts paid by City shall, at City's sole option, be deducted from
amounts payable to Vendor or reimbursed by Vendor upon demand.
10.5.7 Timely Notice of Claims. Vendor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Vendor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right
(but not the duty) to monitor the handling of any such claim or claims
if they are likely to involve City.
10.5.8 Vendor's Insurance. Vendor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in
its own judgment may be necessary for its proper protection and
prosecution of the Work.
11. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Vendor shall submit to City, in writing, all
claims for compensation under or arising out of this Agreement. Vendor's acceptance of
the final payment shall constitute a waiver of all claims for compensation under or arising
out of this Agreement except those previously made in writing and identified by Vendor in
writing as unsettled at the time of its final request for payment. Vendor and City expressly
agree that in addition to any claims filing requirements set forth in the Agreement, Vendor
shall be required to file any claim Vendor may have against City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
12. SUBCONTRACTING
City and Vendor agree that subcontractors may be used to complete the Work
outlined in the Scope of Work provided the Vendor obtains City approval prior to the
subcontractor performing any work. Vendor shall be fully responsible to City for all acts
and omissions of the subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and subcontractor nor shall it create any obligation
on the part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary of
any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
13. WITHHOLDINGS
City may withhold payment to Vendor of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to constitute
QS WHOLESALE, LLC Page 8
a failure to pay according to the terms of this Agreement. Vendor shall not discontinue
Work as a result of such withholding. Vendor shall have an immediate right to appeal to
the City Manager or his/her designee with respect to such disputed sums. Vendor shall
be entitled to receive interest on any withheld sums at the rate of return that City earned
on its investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
14. CONFLICTS OF INTEREST
The Vendor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which
(1) require such persons to disclose any financial interest that may foreseeably be
materially affected by the Work performed under this Agreement, and (2) prohibit such
persons from making, or participating in making, decisions that will foreseeably financially
affect such interest.
If subject to the Act and/or Government Code §§ 1090 et seq., Vendor shall
conform to all requirements therein. Failure to do so constitutes a material breach and is
grounds for immediate termination of this Agreement by City. Vendor shall indemnify and
hold harmless City for any and all claims for damages resulting from Vendor's violation of
this Section.
15. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Vendor and conclusively shall be deemed
served when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first-class mail, addressed as hereinafter
provided. All notices, demands, requests or approvals from Vendor to City shall be
addressed to City at:
Attn: Lifeguard Operations Assistant Chief
Fire Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
All notices, demands, requests or approvals from City to Vendor shall be
addressed to Vendor at:
Attention: Mike Reilly
QS WHOLESALE, LLC.
5600 Argosy Circle, Suite 100
Huntington Beach, CA 92649
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16. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the nature
of such default and the steps necessary to cure such default, the non -defaulting party
may terminate the Agreement forthwith by giving to the defaulting party written notice
thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving seven
(7) calendar days prior written notice to Vendor. In the event of termination under this
Section, City shall pay Vendor for Services satisfactorily performed and costs incurred up
to the effective date of termination for which Vendor has not been previously paid. On
the effective date of termination, Vendor shall deliver to City all materials purchased in
performance of this Agreement.
17. RECITALS
City and Vendor acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference into this Agreement.
18. COMPLIANCE WITH ALL LAWS
Vendor shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared
by Vendor shall conform to applicable City, county, state and federal laws, rules,
regulations and permit requirements and be subject to approval of the Project
Administrator and City.
19. WAIVER
A waiver by City of any term, covenant, or condition in the Agreement shall not be
deemed to be a waiver of any subsequent breach of the same or any other term, covenant
or condition contained herein, whether of the same or a different character.
20. INTEGRATED AGREEMENT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal Agreement or
implied covenant shall be held to vary the provisions herein.
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21. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and
the Scope of Work, the terms of this Agreement shall govern.
22. AMENDMENTS
This Agreement may be modified or amended only by a written document executed
by both Vendor and City and approved as to form by the City Attorney.
23. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
24. EFFECT OF VENDOR'S EXECUTION
Execution of this Agreement by Vendor is a representation that Vendor accepts
the terms and conditions of this Agreement.
25. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated in a
court of competent jurisdiction in the County of Orange.
26. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by reason of
the authorship of the Agreement or any other rule of construction which might otherwise
apply.
27. EQUAL OPPORTUNITY EMPLOYMENT
Vendor represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex, age or any other
impermissible basis under law.
28. NO ATTORNEY'S FEES
In the event of any dispute or legal action arising under this Agreement, the
prevailing party shall not be entitled to attorneys' fees.
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29. COUNTERPARTS
This Agreement may be executed in two (2) or more counterparts, each of which
shall be deemed an original and all of which together shall constitute one (1) and the
same instrument.
30. PRIOR AGREEMENTS
This Agreement supersedes and replaces any prior agreements between the
parties for the same or similar services.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date: q , l2 • l y
By: O 0 —
a on C. Harp
Ci y Attorney 60V���G
C�
ATTEST:
Date: /d, 41
By:
Leilani I. Brown
City Clerk
ItIr�0w®
Attachments:
CITY OF NEWPORT BEACH,
A California mqicipal corporation
Date: �f /
By:
Diane & Dixon
Mayor
CONSULTANT: QS WHOLESALE, LLC,
a California limited liability company
Date:
(o t ( o I 2,0(1
By:
David Tan
Chief Executive Officer/Manager
Date:
-01
ne Eskenazi
�cretary/Manager
Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
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EXHIBIT A
SCOPE OF SERVICES
QS WHOLESALE, LLC Page A-1
EXHIBIT A
SCOPE OF SERVICES
Vendor shall provide, and deliver to the City, Junior Lifeguard Uniforms and other apparel
as may be ordered by the City to support the City's Junior Lifeguard Program. Uniform
and apparel supplied shall bear the City's approved Junior Lifeguard logo, which may
change annually in the City's sole discretion. The apparel shall be in a color scheme
approved by the City which may change annually in the City's sole discretion. Logos and
colors typically change annually. Artwork shall be designed by a uniform contractor and
approved by Junior Lifeguard staff each year.
Available apparel under this Agreement shall include, but not be limited to, backpacks,
hats, boardshorts, sweatshirts, t -shirts, rashguards, beach towels, instructor shirt/dress,
and swimsuits. The list of apparel that may be ordered by the City, and the per-unit price
for each apparel item, are set forth in Exhibit B.
City shall provide Vendor with annual apparel order which shall reflect the City's estimated
annual requirements for the Junior Lifeguard Program. Additionally, the City may place
supplemental orders for additional apparel at any time. Vendor agrees to fulfill the City's
orders based on the unit prices reflected on Exhibit B.
The quantities for the City's first annual order are reflected on Exhibit B. The City's annual
orders for subsequent years may vary in quantity and type based on estimated program
needs per year, but the cost per unit shall remain fixed for the duration of this Agreement.
EXHIBIT B
SCHEDULE OF BILLING RATES
QS WHOLESALE, LLC Page B-1
EXHIBIT B
SCHEDULE OF BILLING RATES
The quantities listed herein reflect the City's first annual order. T e e ow quantities are not guarantee or subsequent annual orders. The quantities for subsequent annual orders will vary
based on annual enrollment in the Junior Lifeguard Program or other factors, but Vender shall provide City with the City's annual requirements to support the Junior Lifeguard Program. All items
shall be in the City's approved color scheme and bear the City's approved Junior Lifeguard logo. Logos and garment/gear colors typically change annually. Artwork shall be designed by a uniform
contractor and approved by Junior Lifeguard staff each year.
ITEM
CITY
TYPE
DERSCRIPTION
UNIT PRICE
EXT. AMOUNT
Heavy nylon; zipper or draw string closing; at least two large main storage compartments; removable wet/dry bag for wet
1
1550
BACKPACK
gear; outside pouches; padded adjustable straps for safety and comfort; outside adjustable method to secure fins or bike
helmet; heavy duty top handle; large enough to carry: fins, lunch, drink, beach towel, sweatshirt and shoes with a small
$20.00
$31,000.00
Wide Brimmed,
2
400
Bushman -Style
High quality, for sun protection, sturdy brim with material under lining for everyday wear at the beach, ventilation, adjustable
HAT
nylon cord or elastic fit to fit child and adult
$7.00
$2,800.00
Baseball or Trucker
3
1450
Style HAT
High quality, sturdy material bill for every day beach use and adjustable back to fit child and adult
$5.00
$7,250.00
High quality, adjustable, with material on bill, low profile top front, sturdy bill, nylon
4
300
Visor -Style HAT
COLOR— Red, Navy, or approval
$6.00
$1,800.00
Competition/Speci
High quality, trendy style, for awards/prizes. Two styles/prints are required each year (approximately 400 units per style).
5
Soo
al Award HAT
*Other item may be substituted with Junior Lifeguard staff approval
$7.00
$5,600.00
Boardshort-style, sturdy stretch fabric (with approval), 3 -needle heavy stitching throughout, bar tacking at all stress points,
fixed reinforced waistband, durable for everyday use, side/back pocket and sand grommet, bar-tacked/cotton tie, wide
invisible fly, fabric must be fully opaque in both wet and dry conditions. ***Must agree to make up to 5 trunks for special
size JG's who do not fit into the below sizes.
Color: Red
6
2500
LIFEGUARD
BOARDSHORTS
Boys and Men's sizes:
21"-33", 34", 36", 38" and 40" waist
Women's (Juniors) sizes: XS, S, M, L, XL
Girls (Youth): 8/S, 10/M, 12/1., 14/XL
$15.501
$38,750.00
80cotton /20poly, heavyweight, 12 oz. or more, fleece, hooded or crew with hand pockets or zipper pouch, piping or color
accent acceptable
7
1700
SWEATSHIRT
Sizes (unisex):
Youth: S, M, L
Adult: S, M, L, XL, XXL
$14.50
$24,650.00
100% heavyweight cotton, short sleeve Sizes (unisex):
Youth: S, M, L, XL
Adult: S, M, L, XL, XXL
8
2750
T-SHIRT
COLOR—on approval
SCREEN PRINT -3 to 5 color JG Logo
front and back
$5.501
$15,125.00
1001A heavyweight cotton, short sleeve
Youth: S, M, L, XL
Adult: 5, M, L, XL, XXL
MONSTER MILE T-
COLOR -approval
9
1450
SHIRT
SCREEN PRINT- 10+ color front and back with Newport Beach Monster Mile design
Artwork may be supplied by City of Newport Beach
$S.501
$7,975.00
5.5 oz. or more, 92% Polyester/8%Elastane long sleeve, pullover top with mock turtle neck collar and UPF 50+
Sizes: Adult XXS — XXL
10
150
RASHGUARD
COLOR - may vary, neon yellow (lifeguard), white (Junior Lifeguard)
SCREEN PRINT— 1 to 3 color logo
$11.00
$1,650.00
Thick cotton, printed logo beach towel
11
2000
BEACH TOWEL
Size: 64" x 38"
COLOR — on approval
$12.001
$24,000.00
Aloha shirt or polo -style and aloha -style dress for Hot Dog Dinner Event
12
70
INSTRUCTOR
SHIRT/DRESS
Sizes: Adult XS — XXL COLOR — on approval
$11.00
$770.00
EXHIBIT B
SCHEDULE OF BILLING RATES
ESTIMATED ANNUAL TOTAL. -F $189,020.00
One Piece (500) and Two Piece (900) Full coverage, durable athletic cut swimsuit, suitable for ocean conditions. Must be fully
opaque in both wet and dry conditions and have dark interior lining. Shoulder straps must be adjustable. Backs must be fixed
(i.e. no tie or hook fasteners). Two piece style shall have a fully functional waistband drawstring.
GIRLS' SWIMSUITS
Sizes:
13
500
(ONE-PIECE)
Youth (Girls): XS/7, S/8, M/10, L/12, XL/14
Adults (Juniors): S, M, L, XL
COLOR — Red or approval
$16.001
$8,000.00
14
900
GIRLS'SWIMSUITS
TWO-PIECE)
See above
$20.00
$18,000.00
(3-4 different shirts/designs) 100% heavyweight cotton, short sleeve
Sizes (unisex):
T-SHIRT
Youth: S, M, L, XL
15
300
(COMPETITION
DESIGN)
Adult: S, M, L, XL, XXL
SCREEN PRINT -4+ color front/back with Newport Beach
$5.501
$1,650.00
ESTIMATED ANNUAL TOTAL. -F $189,020.00