HomeMy WebLinkAboutStaff Report 14761 (2)
City of Palo Alto (ID # 14761)
City Council Staff Report
Meeting Date: 11/28/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approval of a Purchase Order with Golden State Fire Apparatus in an
Amount Not to Exceed $1,168,875 for the Purchase of a 2022 Pierce Enforcer
Heavy Duty Rescue, Utilizing a Cooperative Purchase Agreement
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that the City Council approve and authorize the City Manager or their
designee to execute a purchase order with Golden State Fire Apparatus, Inc., in an amount not
to exceed $1,168,875, which includes an approximate 5% contingency in the amount of
$56,000 for unforeseen price increases for the purchase of a 2024/2025 Pierce Enforcer Heavy
Duty Rescue Fire Truck, utilizing a cooperative purchase agreement via Sourcewell, a
cooperative purchasing agency serving government and not-for-profit organizations.
Background
The Vehicle and Equipment Use, Maintenance, and Replacement Policy section 4-01 provides
for the on-going replacement of City fleet vehicles and equipment. Replacements are scheduled
using guidelines based on age, mileage accumulation, and obsolescence. The policy prescribes a
replacement interval for Class 13 Fire Apparatus of twenty (20) years or 85,000 miles.
Replacement of this unit was programmed in the Fiscal Year 2023 Scheduled Vehicle and
Equipment Replacement Capital Improvement Program project (VR-23000).
This rescue unit is the only unit of its kind within the Palo Alto Fire Department’s fleet and
serves numerous functions that no other apparatus in the fleet can provide. This includes but is
not limited to:
• Refilling self-contained breathing apparatus (SCBA) bottles on structure fires and
hazardous materials incidents with its on-board breathing air compressor unit.
• Providing scene lighting – the apparatus has large telescoping tower lights to illuminate
emergency scenes at night, creating a safer work environment for firefighters. In
addition, the unit has been a resource by the police department for significant
investigations that require scene lighting after hours and throughout the night.
• Providing portable electrical power – the apparatus has a large on-board electrical
generator that has the capability to provide 110v power on emergency scenes for
various specialized tools and equipment.
City of Palo Alto Page 2
• Hydraulic “jaws of life” tools – this is the only apparatus that carries secondary hydraulic
power tools other than the aerial ladder truck. Carrying these tools allows for a backup
of resources to the aerial ladder truck’s capabilities and is also a necessity for car
crashes involving entrapments requiring multiple vehicle extrications.
• This unit is part of the Santa Clara County mutual aid callout system for all second alarm
and larger incidents to provide SCBA air bottle refilling and scene lighting. It is one of
three in the County and provides all support for the north county.
Discussion
Staff recommends replacing a 2005 KME BS66 Air, Light and Power Rescue Truck (unit 6123)
with over 23,000 miles and lifetime maintenance and operation costs exceeding $125,000. The
unit in service is now almost 18 years old and shows signs of significant wear internally and
externally. Once a new unit is ordered, delivery of the unit is expected to take approximately
two years. The new heavy duty rescue will benefit the community’s all risk emergency needs by
providing firefighters with current safety features, and emissions compliance and putting in
service a more reliable and readily available apparatus.
The current 2005 unit frequency of breakdowns has increased in the past 12-18 months and the
exhaust system smokes due to the engine hours on the drivetrain. The department will face
increased inoperable time of this 2005 unit due to needed repairs. When a unit is out of service
for repairs and maintenance, this may result in longer response times and lost unit productive
time. Since this unit serves as part of the Santa Clara County mutual aid callout system, the Fire
Department may not be able to hold up its obligation in supporting the mutual aid system as
the north county support unit as noted above. Approval for replacement was based on:
• An examination of the vehicle’s current usage
• Changes in the Fire Department’s deployment of resources now utilizes this apparatus
full time as a frontline resource responding to a wide variety of incidents including
medical calls.
• The existing unit will reach the 20-year replacement cycle by the time a new unit is
ready for daily operation. The 20-year replacement criterion will continue to be trigger
for replacement before it reaches the 85,000 mile threshold.
The City Fleet must also comply with many state and federal regulations. The proposed
replacement will comply with 2024/2025 California Air Resources Board standards and will
reduce carbon emissions.
Bid Process
Palo Alto Municipal Code section 2.30.360 (j) allows the use of cooperative purchasing
agreements in lieu of conducting a competitive solicitation. Golden State Fire Apparatus, Inc.,
was awarded a contract by Sourcewell a cooperative purchasing agency serving governmental,
higher education, K-12 education, not-for-profit, tribal government, and other public agencies.
City of Palo Alto Page 3
Sourcewell conducted a Request for Proposals under which Golden State Fire Apparatus, Inc.,
was an awarded vendor. To participate under the cooperative agreement, a Request for
Quotation was sent to Sourcewell, and staff received a quote from Golden State Fire Apparatus,
Inc., on September 30, 2022.
Two payment options were provided by Golden State Fire Apparatus, Inc.
1. Payment Option A - 100% pre-payment for an amount of $1,112,874.85
2. Payment Option B - Payment upon delivery of unit for an amount of $1,168,528.62
Staff recommends approval of the purchase order (Attachment A), with Payment Option A,
100% pre-payment at issuance of PO for a savings of over $55,000 (when factoring in sales tax).
The purchase order version provided in Attachment A has been reduced for printing purposes
and is not the full contract with all exhibits.1
Resource Impact
Funding to replace this unit has been collected over the life of the vehicle through the annual
Vehicle Replacement allocated charge to the Fire Department. The funding for this replacement
is available in the Fiscal Year 2023 Scheduled Vehicle and Equipment Replacement Capital
Improvement Program project (VR-23000).
Stakeholder Engagement
Requests for vehicle replacements are presented to the Fleet Review Committee (FRC) for
approval. FRC approved the replacement of this vehicle through the scheduled five-year
replacement review as part of the development of the FY 2023 Budget.
Policy Implications
Authorization of the purchase order does not represent any change to the existing policy.
Environmental Review
Council action on this item is not a project as defined by CEQA because the purchase of a new
fleet vehicle is a continuing administrative or maintenance activity. CEQA Guidelines section
15378(b)(2).
Attachments:
• Attachment A -PO 4523000184 Golden State Fire Apparatus
1 Golden State Fire Apparatus, Inc, Purchase Order 4523000184, November 2022, https://www.cityofpaloalto.org/files/assets/public/public-
works/public-services/fleet/4523000184-golden-state-fire-apparatus-packet.pdf
***ATTN: RICH MYERS***
This City of Palo Alto (City) Purchase Order agreement (PO) with Golden
State Fire Apparatus, Inc. is made pursuant and subject to Sourcewell
Contract No. 113021-CSM with Golden State Fire Apparatus, Inc. for
the procurement of the equipment detailed in this PO.
This PO is governed by California law without regard to conflict of law
principles. The venue for any dispute under this PO is Santa Clara
County, California.
This PO hereby attaches and incorporates the following contract
documents into this PO by reference as though fully set forth herein:
1.Sourcewell Contract No. 113021-CSM
2.Sourcewell Pricing for Contract No. 113021-CSM
3.Sourcewell Golden State Fire Apparatus Proposal.
41101-22B(including pricing and specifications)
4. Golden State Certificate of Insurance and Additional Insured
endorsement.
5.City Of Palo Alto Terms and Conditions for Goods
0010 Pierce Hvy Duty Rescue 1,019,807 USD 1.00 1,019,806.97
Purchase one(1)new Pierce Enforcer Heavy Duty Rescue for FIRE
Sourcewell Contract 113021 product ID #211 Proposal #: 41101-22B
dated 11/1/22
Vendor Address
GOLDEN STATE FIRE APPARATUS, INC
7400 Reese Road
SACRAMENTO CA 95828
Tel: 916-330-1638
Bill To:
City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Ship To:
Equipment Management Division
City of Palo Alto
3201 East Bayshore Road
Palo Alto CA 94303
Item Material/Description Quantity UM Net Price Net Amount
______________________________________
Interim Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGESPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number 4523000184
Date 11/15/2022
Vendor No.105657-1
Payment Terms Payable immediately
FOB Point F.O.B Destination
Ship via Vendor to ship best method
Required Date 11/01/2024
Buyer/Phone Saira Cardoza / 650-329-2327
Email Saira.Cardoza@CityofPaloAlto.org
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 1 of 2
Delivery 24 months upon receipt of PO
TOTAL: $1,112,874.85 = 1,019,806.97(1,070,806.98 - 51,000.01
full pre-pay disc) + 10.50 tire fee + $93,057.39 sales tax (9.125%)
new unit 6129 (replaces 6123) FIRE
0020 tire fee 11 USD 1.00 10.50
**Vendor shall handle DMV registration
FLEET MANAGER: Danitra Bahlman 650-496-5920
Danitra.Bahlman@cityofpaloalto.org
SEND INVOICE TO: EQUIPMENT MANAGEMENT
-------------------------
Sub-Total 1,019,817.47
Sales Tax 93,057.39
*** ORDERING VIA EMAIL ***
**** PRICE HAS BEEN QUOTED ****
Vendor Address
GOLDEN STATE FIRE APPARATUS, INC
7400 Reese Road
SACRAMENTO CA 95828
Tel: 916-330-1638
Bill To:
City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Ship To:
Equipment Management Division
City of Palo Alto
3201 East Bayshore Road
Palo Alto CA 94303
Item Material/Description Quantity UM Net Price Net Amount
______________________________________
Interim Chief Procurement Officer
Total 1,112,874.86
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGESPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number 4523000184
Date 11/15/2022
Vendor No.105657-1
Payment Terms Payable immediately
FOB Point F.O.B Destination
Ship via Vendor to ship best method
Required Date 11/01/2024
Buyer/Phone Saira Cardoza / 650-329-2327
Email Saira.Cardoza@CityofPaloAlto.org
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 2 of 2
TERMS AND CONDITIONS OF PURCHASE
CITY OF PALO ALTO Page 1 of 3
GDS Rev. 06/14/2016
ACCEPTANCE/AGREEMENT: City of Palo Alto (City) reserves the right to reject any
and all quotations, to waive any informalities, and, unless otherwise specified by Seller, to
accept any item in a quotation. By accepting or filing this Purchase Order (P.O.), Seller
agrees to the terms and conditions herein which shall prevail over any inconsistent
provision in any form or other paper submitted by Seller. All shipments or services
performed shall be deemed to have been made pursuant hereto. No other terms are
acceptable. This P.O., including all specifications and drawings, shall constitute the entire
agreement between the parties unless modified in writing by City.
CITY’S PROPERTY: Seller agrees that the information, tools, jigs, dies, or materials, and
drawings, patterns, and specification supplied or paid for by City shall be and remain City
property and shall be held by Seller for City unless directed otherwise. Seller shall account
for such items and keep them protected, insured, and in good working conditions without
expense to City.
DELIVERY: The terms of delivery are as stated on the reverse side hereof. The obligation
of Seller to meet the delivery dates, specifications, and quantities set forth herein is of the
essence of this P.O. No boxing, packing, or cartage charge will be allowed unless
authorized by this P.O. Deliveries are to be made both in quantities and at times specified
herein or, if not, such quantities and times are specified pursuant to City’s written
instruction. Items not delivered may be canceled without penalty to City. Shipments in
greater or lesser quantity that ordered may be returned at Seller’s expense unless written
authorization is issued by City.
PRICES: The price which Seller charges in filling this P.O. shall not be higher than
Seller’s most recent quote or charge to City for such materials, supplies, services and/or
installations unless City expressly agrees otherwise in writing. Notwithstanding the prices
set forth the P.O. City shall receive the benefit of any general reduction in the price of any
item(s) listed herein which may be made by Seller at any time prior to the last delivery of
goods or services covered by this P.O.
TERMINATION: City shall have the right to terminate this P.O. or any part thereof upon
ten (10) days notice in writing to Seller.
(1) Without Cause. City may terminate all or any part of this P.O. without
cause. Any claim by Seller for damages due to termination without cause must be
submitted to City within thirty (30) days after effective date of termination.
(2) For Cause. If Seller fails to make any delivery in accordance with the agreed
delivery date, delivery schedule, or otherwise fails to observe or comply with any of the
other instructions, terms, conditions or warranties applicable to this P.O., City may, in
addition to any other right or remedy provided by this P.O. or by law, terminate all or any
part of this P.O. in writing without any liability of City with respect to Seller at any time
during the term of this P.O. In the event of termination for cause, City may purchase
supplies or services elsewhere on such terms or in such manner as City may deem
appropriate and Seller shall be liable to City for any cost and other expenses incurred by
City, which is charged to City.
CHANGES: City shall have the right at any time by written notice via P.O. Change Order
to Seller to make changes in the specifications, the quantity of items called for, delivery
schedules, and requirements covering testing, packaging, or destination. Any claim by
Seller for adjustment under this clause shall be deemed waived unless made in writing with
then (10) days after receipt by Seller of notice of such change. Price increases or
extensions of time for delivery shall not be binding on City unless evidenced by a P.O.
Change Order issued by City’s Purchasing Manager.
INSPECTION: City shall have the right to inspect and approve or reject any materials,
supplies, services and/or installations upon arrival of notice of completion prior to payment
without regard to the manner of shipment, completion, or any shipping or price terms
contained in this P.O. All materials, supplies, services and/or installations must be
furnished as specified.
(1) Defective, damaged, and nonconforming materials and/or supplies may be
returned for credit or refund, at Seller’s expense. City may charge Seller for all expenses of
unpacking, examining, repacking and reshipping of such materials and/or supplies.
(2) Defective, incorrect and nonconforming services and/or installations may be
returned for credit or refund, at Seller’s expense. All of the above notwithstanding prior
payment by City
(3) City may waive defects that exist.
WARRANTY: Seller expressly warrants that all materials, supplies, services and/or
installations covered by this P.O. shall:
(1) conform to the specifications, drawings, samples, or other descriptions
specified by City or if none are so specified, to Seller’s standard specification or the
standards of the ASTM or ANSI or other national standard organizations;
(2) be new and unless specified to the contrary on the face hereof, will be free
from defects in material and workmanship and will be free of all liens and encumbrances
and will conform to any affirmation of facts made on the container or label;
(3) be adequately contained, packaged, marked, labeled and/or
provided in compliance with all applicable federal and state laws and
regulations (including materials deemed hazardous);
(4) be performed within the rules and regulations of the
Occupational Safety and Health Act of 1970 (as amended);
(5) be produced or transferred or disposed of as required by
federal and state laws and regulation under the conditions of the Toxic
Substances Control Act; the Hazardous Materials Control and Hazardous
Waste Regulations; and other toxic laws and programs.
Seller further expressly agrees to protect, indemnify, and hold harmless
City, its employees and agents for any loss, damage, fine, liability, fee
(including reasonable charges and fees) or expense arising in connection
with or resulting from Seller’s failure to furnish materials or supplies or
perform services that conform with any warranty contained herein.
(6) have good marketable title.
GOVERNING LAW: This P.O. shall be governed by the laws of the State
of California.
INDEPENDENT CONTRACTOR, INSURANCE: Seller certifies, by
acceptance, that he/she is an independent contractor. Seller shall protect,
defend, and indemnify and hold City harmless against all damages, liability,
claims, losses and expenses (including attorney’s fees) arising out of , or
resulting in any way from Seller’s negligence in providing the goods or
services purchased hereunder or from any act or omission of Seller, its
agents, employees, or subcontractors, Seller shall maintain such public
liability insurance, including contractual liability, automobile and general
public liability, (including non-owned automobile liability) Worker’s
Compensation, and employer’s liability insurance as well adequately protect
City against such damage, liabilities, claims, losses, and expenses
(including attorney’s fees). Seller agrees to submit certificates of insurance,
evidencing its insurance coverage when requested by City.
EQUAL OPPORTUNITY CLAUSE: By acceptance of this P.O., Seller
certifies it is in compliance with the Equal Opportunity Clause required by
Executive Order 11246, as amended, and the Palo Alto Municipal Code, as
amended, including Affirmative Action Compliance Programs for Veterans;
Handicapped; and Minority Business, and other equal opportunity
programs.
FORCE MAJEURE: City may delay delivery or acceptance occasioned by
causes beyond its control. Seller shall hold such materials, supplies,
services and or installations at the direction of City and shall deliver them
when the cause affecting the delay has been removed. City shall be
responsible only for Seller’s direct additional costs in holding the goods or
delaying performance of this P.O. and City’s request. Seller shall also be
excused if delivery is delayed by unforeseen events beyond its reasonable
control, provided Seller notifies City as soon as they occur. City may
cancel this P.O. if such delay exceeds thirty (30) days from the original
delivery date. Seller shall use its best efforts to grant preference to this P.O.
over those of other customers, which were placed after this P.O.
AUTHORITY OF AGENT OR FACTOR: Seller represents that,
whenever it executes this P.O. on behalf of a third party as an agent or
factor, it shall disclose the existence of the agency or factor relationship to
City. Seller shall be deemed to have the legal authority to enter into this
P.O. with City on behalf of the third party.
INTERPRETATION OF CONTRACT DOCUMENTS: In the event of a
conflict between the terms of this P.O. and the attached specification with
respect to any obligation of Seller, the provision which impose the greater
obligations upon Seller shall prevail.
TERMS AND CONDITIONS OF PURCHASE
CITY OF PALO ALTO Page 2 of 3
GDS Rev. 06/14/2016
EVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS: Seller
agrees to comply with the City’s Environmentally Preferred Purchasing Requirements.
(1) Hazardous Waste:
Seller shall take-back all spent or otherwise discarded hazardous products sold
to the City by the Seller if the spent or discarded products are classified as
hazardous or universal wastes by State or Federal regulations. Seller shall
provide convenient collection and recycling services (or disposal services if
recycling technology is unavailable) for all universal wastes, which originate
from the Vendor. Hazardous waste manifests or bills of lading must be provided
to City staff upon request. Recycling and reuse of hazardous wastes must occur
within the United States. Universal waste lists and information are available
www.dtsc.ca.gov/HazardousWaste/UniversalWaste/. A hazardous waste list is
available at http://www.calrecycle.ca.gov/LEA/Training/wasteclass/yep.htm.
Additional information can be obtained by contacting the City of Palo Alto
Hazardous Waste Department at (650) 496-6980.
(2) Zero Waste and Pollution Prevention:
Per Palo Alto City Council policy, the City is targeting to achieve Zero Waste
by 2021. The City must also meet Municipal Regional Stormwater Permit
requirements requiring no visible impact from litter via stormdrains by 2022. To
that end the vendor, manufacturer and or contractor must individually or
collboaratively comply with the waste reduction, reuse and recycling
requirements of the City’s Zero Waste and Pollution Prevention Programs.
Seller acknowledges and agrees that if Seller fails to fully and satisfactorily
comply with these requirements, the City will suffer, as a result of Seller’s
failure, substantial damages which are both extremely difficult and
impracticable to ascertain. Therefore, the Seller agrees that in addition to all
other damages to which the City may be entitled, in the event Seller fails to
comply with the below requirements Seller shall pay City as liquidated damages
the amounts specified below. The liquidated damage amount is not a penalty
but considered to be a reasonable estimate of the amount of damages City will
suffer as a result of such non-compliance. Sellers shall adhere to the standard that all printed materials provided to
the City that are generated from a personal computer and printer including,
proposals, quotes, invoices, reports, and public education materials shall be
double-sided, printed on a minimum of 30% post-consumer content paper
or greater unless otherwise approved by the City’s Environmental Services
Division (650) 329-2117. Materials printed by a professional printing
company shall be a minimum of 30% post-consumer material or greater
and printed with vegetable based inks. Liquidated damages of $30 per
document will be assessed by City for failure to adhere to this requirement;
All paper packaging must be Forest Stewardship Council (FSC) Certified.
All primary, secondary and shipping (tertiary) packaging be minimized to
the maximum extent feasible while protecting the product being shipped;
All primary, secondary and shipping packaging shall be recyclable in the
City’s recycling program. A complete list of items accepted for recycling
are found at www.zerowastepaloalto.org or by calling (650) 496-5910. If
any portion is received that does not meet this requirement, liquidated
damages of $235 or a minimum of $50 if the combined product and
shipping cost is $235 or less will be assessed by City for failure to adhere
to this requirement.
Expanded foam plastics (e.g., foam or cushion blocks, trays, packing
“peanuts”), such as but not limited to polystyrene (aka Styrofoam™),
polypropylene, or polyurethane shall not be used as primary, secondary or
tertiary/shipping packaging with the following exceptions:
o Primary packaging made from these materials may be used if the
vendor, manufacturer, contractor individually or collaboratively does
one of the following:
takes the material back at the City’s convenience and at no
cost to the City, or pays the City of Palo Alto’s disposal costs via payment of
liquidated damages of $235, or a minimum of $50 if the
combined product and shipping cost is $235 or less;
o Bioplastics that meet ASTM D6400 standards for compostability may
be accepted with approval from the City’s Environmental Services Division subject to local municipal compost facility requirements;
o if approved by the City’s Environmental Services Division, a packaging
requirement may be waived if no other viable packaging alternative
exists;
Reusable/returnable pallets shall be used and taken back by
the Seller, at no additional cost to the City. Seller shall
provide documentation upon request ensuring reuse of
pallets and/or recycling of broken pallets. Liquidated
damages of $262 or a minimum of $50 if the combined
product and shipping cost is $262 or less will be assessed
by City for failure to adhere to this requirement.
(3) Energy and Water Efficiency:
Seller shall provide products with an ENERGY STAR, Water
Sense or State of California standard rating, whichever is more
efficient, when ratings exist for those products. A life cycle cost
analysis shall be provided to the City upon request and shall at
minimum include: first cost, operating costs, maintenance costs,
and disposal costs.
Contacts for additional information about City of Palo Alto
Hazardous Waste, Zero Waste and Utilities programs:
Hazardous Waste Program (Public Works)
(650) 496-6980
Zero Waste Program (Public Works) (650) 496-5910
Watershed Protection
(650) 329-2117
Energy Efficiency
(650) 496-2244
(4) Liquidated Damages:
Seller agrees that failure to comply with the City’s
Environmentally Preferred Purchasing Requirements will result
in Liquidated Damages, according to the table marked
Liquidated Damages on page 3 of this P.O.
TERMS AND CONDITIONS OF PURCHASE
CITY OF PALO ALTO Page 3 of 3
GDS Rev. 06/14/2016
NONCOMPLIANCE WITH EVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS, LIQUIDATED DAMAGES:
The following table lists the events that constitute breaches of the Agreement’s standard of performance warranting the imposition of liquidated damages; the acceptable
performance level, and the amount of liquidated damages for failure to meet the contractually required standards of performance.
Event of Non-Performance
Acceptable
Performance Level
(Allowed events per
Fiscal Year)
Liquidated Damage
Amount
Recycled Paper Use
Failure to use 30% recycled content paper 1 $30 per each document
Recyclable Packaging Materials
Failure of Seller to Use secondary and shipping packaging that is
recyclable in the City’s recycling program.
1 $235 or a minimum of $50 if the combined
product and shipping cost is $250 or less
will be incurred if this is not adhered to.
Expanded Foam Plastics
Unapproved use of expanded foam plastics for secondary or
shipping packaging 0 $235 or a minimum of $50 if the combined
product and shipping cost is $235 or less
Pallet use
Failure of Seller to take-back and reuse pallets, recycling only
broken pallets, at no additional cost to the City. 1 $262 or a minimum of $50 if the combined
product and shipping cost is $2 or less