HomeMy WebLinkAboutC-5975 - Purchase Agreement for Junior Lifeguard Uniform Apparel( C C)
PURCHASE AGREEMENT
WITH QUIKSILVER, INC. FOR
JUNIOR LIFEGUARD UNIFORM APPAREL
THIS PURCHASE AGREEMENT ("Agreement") is made and entered into as of
r this 12TH day of November, 2014, by and between the City of Newport Beach, a
California municipal corporation and charter city ("City"), and QUIKSILVER, INC., a
Delaware Corporation ("Vendor"), whose principal place of business is 5600 Argosy
Circle, Huntington Beach, California 92649, and is made with reference to the following:
RECITALS
U 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.
s C. City desires to engage Vendor to supply Junior Lifeguard program uniform
apparel including, hats. backpacks, sweatshirts, t -shirts, rash guards, surf caps,
beach, towels, trunks and suits 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:
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
November 30, 2017 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.
Quiksilver, Inc. Page 2
4. COMPENSATION
City shall pay Vendor for the goods on a fixed rate basis, in accordance with the
provisions of this Section and the Scope of Services and Schedule of Billing Rates
attached hereto as Exhibit A 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, except for the annual adjustment to the rates in proportion to changes in the
Consumer Price Index as more particularly described Section 4.1 below.
As full compensation for the performance and completion of the Project as
required by the Scope of Work and Schedule of Billing Rates, City shall pay to Vendor
and Vendor accepts as full payment the sum of Five Hundred Forty Three Thousand
Two Hundred Eighty Five Dollars and 001100 ($543,285.00), for the initial term of this
Agreement, subject to the annual adjustment to the rates in proportion to changes in the
Consumer Price Index. 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.
4.1 CONSUMER PRICE INDEX. Upon the first anniversary of the
Commencement Date and upon each anniversary of the Commencement Date
thereafter, the billing rates set forth in Exhibit A ("Billing Rates") shall be adjusted in
proportion to changes in the Consumer Price Index, subject to the maximum adjustment
set forth below. Such adjustment shall be made by multiplying the Billing Rates in
Exhibit A by a fraction, the numerator of which is the value of the Consumer Price Index
for the calendar month three (3) months preceding the calendar month for which such
adjustment is to be made, and the denominator of which is the value of the Consumer
Price Index for the same calendar month immediately prior to Effective Date. The
Consumer Price Index to be used in such calculation is the "Consumer Price Index, All
Items, 1982-84=100 for All Urban Consumers (CPI -U)", for the Los Angeles -Riverside -
Orange County Metropolitan Area, published by the United States Department of Labor,
Bureau of Labor Statistics. If both an official index and one or more unofficial indices are
published, the official index shall be used. If said Consumer Price Index is no longer
published at the adjustment date, it shall be constructed by conversion tables included
in such new index. in no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed 2.5% of the Billing
Rates in effect immediately preceding such adjustment.
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.
Quiksilver, Inc. Page 3
6. TYPE OF MATERIALS/STANDARD OF CARE
6.1 Vendor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A 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 Vendors 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
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
Quiksilver, Inc. Page 4
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 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.
F�6101*1;9 3:11111 1111,41
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,
Quiksilver, Inc. Page 5
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
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 Reauirements. The policies are to contain, or be
endorsed to contain, the following provisions:
10.4.1 Waiver of Subrogation. 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
Quiksilver, Inc. Page 6
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:
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 Agreement 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.
Quiksilver, Inc. Page 7
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
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
Quiksilver, Inc. Page 8
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 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"), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the Work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Vendor shall conform to all requirements of the Act. 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.
Quiksilver, Inc. Page 9
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: Rob Williams, 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
Quiksilver, Inc.
5600 Argosy Circle
Huntington Beach, CA 92649
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.
Quiksilver, Inc. Page 10
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.
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.
Quiksilver, Inc. Page 11
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.
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.
[SIGNATURES ON NEXT PAGE]
Quiksilver, Inc. Page 12
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: 10131 ////c/
B y: i' ./I
Aaron ,/Harp cmA iol1
City Attorney
ATTEST:
Date: •��
c
By:
AW,
Leilani I. Brown
City Clerk _
Attachments:
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
BY:
Rush- N. Hil , 11
Mayor
CONSULTANT: QUIKSILVER, INC., a
Delaware lcorporatii]on
I Date: I ,1 — r , t
By:
VicerPresident of Finance
Date: 1 .%
By: 1.
Rich Shields �
Chief Financia
Approved: Richard Shields
Chief Financial officer
Exhibit A - Scope of Work and Schedule of Billing Rates
U�
Quiksilver, Inc. Page 13
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Quiksilver, Inc. Page A-1
CITY OF NEWPORT BEACH JUNIOR LIFEGUARD UNIFORM ITEMS
All items will have approved Color Scheme with JG Logo.
JG Logo may be a Patch, Embroidery, or Screen print.
ITEM
CITY
DESCRIPTION
UNIT PRICE
EXTENDED PRICE
1.
1,550
BACKPACK
Heavy nylon; zipper or drawstring
closing; at least two compartments for
wet/dry inside; outside pouches;
padded adjustable straps for safety and
comfort; outside adjustable method to
secure fins or bike helmet; heavy duty
$20.00
$31,000.00
top handle; large enough to carry: fins,
lunch, drink, beach towel, sweatshirt
and shoes with a small secure personal
pocket for valuables
ITEM
QTY
DESCRIPTION
UNIT PRICE
EXTENDED PRICE
2.
300
Wide Brimmed, Bushman-Style HAT
High quality, for sun protection, sturdy
brim with material under lining for
everyday wear at the beach,
$7.00
$2,100.00
ventilation, adjustable nylon cord or
elastic fit to fit child and adult
3.
1,550
Baseball or Trucker-Style HAT
High quality, sturdy material bill for
every day beach use and adjustable
$5.00
$7,750.00
i
back to fit child and adult
4,
300
Visor-Style HAT
High quality, adjustable, with material
on bill, low profile top front, sturdy bill,
nylon
$6.00
$1,800.00
COLOR— Red, Navy, or approval
5.
800
HAT*
High quality, trendy style, for
awards/prizes
*Other item may be substituted with
approval
$7.00
$5,600.00
ITEM
CITY
DESCRIPTION
UNIT PRICE
EXTENDED PRICE
6,
2,350
LIFEGUARD TRUNK*
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
$14.50
$34,075.00
Boys and Men's sizes:
22"-33", 34", 36" 38" and 40" waist
Girls and Women's sizes:
000-13 (6x-13)
(* Must agree to make up to 5 trunks for special size JG's who do not fit into the above sizes)
7.
1,700
SWEATSHIRT
80cotton J20poly, heavyweight, 12 oz.
or more, fleece, hooded or crew with
$14.50
$24,650.00
hand pockets or zipper pouchpiping or
color accent acceptable
Sizes: Adult XXS-XXL
8.
2,750
T-SHIRT
100% heavyweight cotton, short sleeve
Sizes: Youth S, M, L Adult S, M, L, XL
COLOR — White or approval
$5.00
$13,750.00
SCREEN PRINT -3 to 5 color JG Logo
front and back
ITEM
QTY
DESCRIPTION
UNIT PRICE
EXTENDED PRICE
9.
1,400
Monster Mile T-SHIRT
100% heavyweight cotton
Sizes: XS—XXL (Unisex)
COLOR - approval
SCREEN PRINT- 10+ color front and
$5.00
$7,000.00
back with Newport Beach Monster Mile
design
Artwork may be supplied by City of
Newport Beach
10.
500
RASHGUARD
5.5 oz. or more, nylon lycra short
sleeve, pullover top with mock turtle
neck collar and SPF
Sizes: XXS — XXL
$11.00
$5,500.00
COLOR - to match JG uniform on
approval
SCREEN PRINT -1 to 3 color JG logo
11.
2,000
BEACH TOWEL
Printed logo beach towel, 64" x 38"
COLOR—on approval
$12.00
$24,000.00
ITEM
QTY
DESCRIPTION
UNIT PRICE
EXTENDED PRICE
12.
70
INSTRUCTOR SHIRT
Aloha shirt or polo -style for Hot Dog
Dinner
$11.00
$770.00
Sizes:5—XXL COLOR—Open
13.
1,050
GIRUSSWIMSUITS
One Piece (350) and Two Piece (700)
Athletic Cut for Racing
Sizes: XXS—XXL
COLOR— Red or approval
One-Piece Suit
$16.00
$5,600.00
Two-Piece Suit
$20.00
$14,000.00
14.
700
T-SHIRTS) - COMPETITION DESIGN
(3-4 different shirts/designs) 100%
heavyweight cotton, short sleeve
Sizes: Men's S — XXL
SCREEN PRINT —4+color front/back
$5.00
$3,500.00
with Newport Beach
Artwork may be supplied by City of
Newport Beach
15.
ART WORK/EMBROIDERY/SCREEN
PRINT (IF ANY)
$00.00
$00.00
ITEM
QTY
DESCRIPTION
UNIT PRICE
EXTENDED PRICE
16.
SHIPPING (IF ANY)
$00.00
$00.00
17.
ADDITIONAL FEES (IF ANY)
$00.00
$00.00
TOTAL:
$ 181,095.00
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 1/27/15
Dept./Contact Received From: Angela
Date Completed: 1/27/15 Sent to: Angela By: Chris/Alicia
Company/Person required to have certificate: Quiksilver, Inc.
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 11/1114 to 11/1115
A.
INSURANCE COMPANY: Federal Insurance Company
B.
AM BEST RATING (A-: VII or greater): A++: XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
N Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
N/A
F.
not apply to Waste Haulers or Recreation)
N Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
N N/A ❑ Yes ❑ No
G.
COMPLETED OPERATIONS ENDORSEMENT (completed
N N/A ❑ Yes ❑ No
H.
Operations status does not apply to Waste Haulers)
N Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
N Yes ❑ No
1.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
N Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
IL AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 11/1/14 to 11/1/15
A.
INSURANCE COMPANY: Great Northern Insurance Company
B.
AM BEST RATING (A-: VII or greater) A++: XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
N N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
N N/A ❑ Yes ❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 11/1/14 to 11/1/15
A. INSURANCE COMPANY: ACE American Insurance Comp
B. AM BEST RATING (A-: VII or greater): A++: XV
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Approved:
(I
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
1/27/15
Date
® Yes
❑ No
® Yes
❑ No
1,000,000
® Yes
❑ No
® N/A ❑ Yes
❑ No
❑ N/A Z Yes
❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
R ■ ■
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
Date