2022/11/16 Promo Shop, Inc. CUSTOM APPAREL SERVICES2671/031858-0001 7630421.2 a09/07/22
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CUSTOM APPAREL SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and PROMO SHOP, INC, a A California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually
as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on September 15, 2022 and shall end on June 30, 2023 (“Initial Term”). Upon termination of the Initial Term, this
Agreement shall automatically renew for one (1) additional one (1) year term (“First Renewal
Term”), unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. Upon termination of the First Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Second Renewal Term”), unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The Initial
Term, and any renewal term which actually occurs shall be referred to in this Agreement as the
“term.” The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services
contemplated herein and, in light of such status and experience, Consultant shall perform the
Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
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16th November
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1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations
hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City
employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
Consultant is one (1) of two (2) consultants performing the Services on behalf of the City (each a “Performing Consultant,”) and shall be compensated as provided herein for the Services performed by Consultant. Consultant hereby acknowledges that Consultant is one (1) of two (2) Performing Consultants and that no one (1) Performing Consultant is entitled to or guaranteed any particular quantity of work required for the Services. Notwithstanding any contrary indications
that may be contained in Consultant’s proposal, City hereby agrees to pay Consultant as follows, provided that the sums listed herein shall be the maximum compensation available to both Performing Consultants combined, in the aggregate for the first and second renewal term:
1.Initial Term: A sum not to exceed SIX THOUSAND DOLLARS AND ZERO CENTS ($6,000.00); and
2.First Renewal Term: An aggregate sum not to exceed SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($17,500.00); and
3.Second Renewal Term: An aggregate sum not to exceed SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($17,500.00).
In the event of a conflict between this Agreement and Exhibit A, regarding the amount of
compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate
services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a.Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
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b.The beginning and ending dates of the billing period;
c.A “Task Summary” containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under this Agreement, and the
percentage of completion;
d.At City’s option, for each item in each task, a copy of the applicable timeentries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e.The total number of hours of work performed under this Agreement byConsultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A;
f.Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee Attn: Accounts Payable 29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due
pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
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2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance
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program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a.General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
b.Minimum scope of coverage. Commercial general coverage shall be at leastas broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
c.Additional requirements. Each of the following shall be included in theinsurance coverage or added as a certified endorsement to the policy:
a.The insurance shall cover on an occurrence or an accident basis, andnot on a claims-made basis.
b.Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a.General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
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b.Claims-made limitations. The following provisions shall apply if theprofessional liability coverage is written on a claims-made form:
a.The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b.Insurance must be maintained and evidence of insurance must beprovided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at
reasonable rates.
c.If coverage is canceled or not renewed and it is not replaced withanother claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
d.A copy of the claim reporting requirements must be submitted toCity prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a.Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
b.Verification of coverage. Prior to beginning the Services under thisAgreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference: CUSTOM APPAREL SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of
ongoing and completed operations by or on behalf of Consultant.
c.Notice of Reduction in or Cancellation of Coverage. Consultant shallprovide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d.Additional insured; primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
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the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles
owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e.Deductibles and Self-insured Retentions. Consultant shall obtain thewritten approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f.Subcontractors. Consultant shall include all subcontractors as insuredsunder its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g.Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a.Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
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b.Order Consultant to stop work under this Agreement or withhold anypayment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof; and/or
c.Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant
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shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
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7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. City’s ability to terminate this Agreement under this Section shall include the ability to decline either or both of the First Renewal Term and/or Second Renewal
Term listed in Section 1.1.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City. Consultant’s ability to terminate this Agreement under this Section shall include the ability to decline either or both of the First Renewal Term and/or Second Renewal Term listed in Section 1.1.
8.3 Consequences of Termination. In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a determination
of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant’s proposal, without prior written approval of the
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Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a.Immediately terminate this Agreement;
b.Retain the plans, specifications, drawings, reports, design documents, andany other work product prepared by Consultant pursuant to this Agreement;
c.Retain a different consultant to complete the Services described in
Exhibit A; and/or
d.Charge Consultant the difference between the cost to complete the Servicesdescribed in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and
Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other
documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and
Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents and Data the subcontractor prepares under this
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Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Consultant or
provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
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10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Memo Kahan (“Consultant’s Representative”). The Consultant’s Representative
shall have full authority to represent and act on behalf of Consultant for all purposes under this
Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Nancy Rodriguez, Management Analyst I (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction
or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
PROMO SHOP, INC Attn: Memo Kahan
5420 McConnell Ave
Los Angeles, CA 90066
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee 29844 Haun Road
Menifee, CA 92586
Attn: Nancy Rodriguez, Management Analyst I
with a copy to:
City Clerk City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and
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Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________ Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 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 this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
(iv)that entering into this Agreement does not violate any provision of any other Agreement towhich said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
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award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Kay Vinson, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Guillermo Kahan, President
Bob Golden, CFO
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided with a certificate of secretary in-lieu]
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EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include Custom Apparel Services in the amount not to exceed SIX
THOUSAND DOLLARS AND ZERO CENTS ($6,000.00) for the initial term. For the first and second renewal term Services shall include Custom Apparel Services in the combined amount to both Performing Consultants not to exceed the following amounts, as further detailed on the following pages:
1.Initial Term: A sum not to exceed SIX THOUSAND DOLLARS AND ZERO CENTS ($6,000.00).
2.First Renewal Term: An aggregate sum not to exceed SEVENTEEN
THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($17,500.00).
3.Second Renewal Term: An aggregate sum not to exceed SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($17,500.00).
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2671/031858-0001 7630421.2 a09/07/22 EXHIBIT A.
DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54DDocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF
2671/031858-0001 7630421.2 a09/07/22 EXHIBIT A.
DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54DDocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF
2671/031858-0001 7630421.2 a09/07/22 EXHIBIT A.
DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54DDocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF
2671/031858-0001 7630421.2 a00/00/00 EXHIBIT A.
Item Description/
Specs
Sample
Shirt
Cost Per
Item (Small)
Cost Per
Item (Med)
Cost Per
Item (Large)
Cost Per
Item (X)
Cost Per
Item (2X
Cost Per
Item (3X
Cost Per
Item (4X
T-Shirt -
Short
Sleeve
Cotton Blend,
Short Sleeve
T-Shirt
PC54
Screen Print
Fee
One Color
Screen Print 5.69 5.69 5.69 5.69 7.58 9.28 9.28
Screen Print
Fee
Two-Color
Screen Print 5.84 5.84 5.84 5.84 7.72 9.42 9.42
Screen Print
Fee
Four-Color
Screen Print 6.12 6.12 6.12 6.12 8.01 9.71 9.71
Set-Up Fee
Polo -
Short
Dri-Fit Micro
Pique Polo NKDC1963
Embroidery One Color
Embroidery 34.66 34.66 34.66 34.66 36.06 38.94 40.37
Embroidery Two-Color
Embroidery 34.66 34.66 34.66 34.66 36.06 38.94 40.37
Set-Up Fee
Sweatshirt Fleece, Full-Zip
Hooded PC78ZH
Screen Print
Fee
One Color
Screen Print 24.60 24.60 24.60 24.60 26.06 29.29 29.29
Screen Print
Fee
Two-Color
Screen Print 25.04 25.04 25.04 25.04 26.20 29.43 29.43
Set-Up Fee
Windbreak
er Soft Shell Jacket J317
Screen Print
Fee
One Color
Screen Print 32.16 32.16 32.16 32.16 33.59 36.44 37.87
Screen Print
Fee
Two-Color
Screen Print 32.30 32.30 32.30 32.30 33.73 36.59 38.01
Set-Up Fee
Youth T-
Shirt
Cotton Blend,
Short Sleeve
T-Shirt
PC54Y
Screen Print
Fee
One Color
Screen Print 6.48 6.48 6.48 6.48 NA NA NA
Screen Print
Fee
Two-Color
Screen Print 6.62 6.62 6.62 6.61 NA NA NA
Screen Print
Fee
Four-Color
Screen Print 6.92 6.91 6.91 6.91 NA NA NA
Set-Up Fee
Toddler T-
Shirt
Cotton Blend,
Short Sleeve
T-Shirt
CAR54T 2T 3T 4T NA NA NA NA
Screen Print
Fee
One Color
Screen Print 7.43 7.43 7.43 NA NA NA NA
Screen Print
Fee
Two-Color
Screen Print 7.84 7.84 7.84 NA NA NA NA
Screen Print
Fee
Four-Color
Screen Print 8.12 8.12 8.12 NA NA NA NA
Set-Up
Baseball
Cap Flexfit Cap C865
Embroidery One Color
Embroidery NA NA NA
Embroidery Two-Color
Embroidery NA NA NA
Set-Up Fee
COST PROPOSAL THRU JUNE 30, 2023
0.00
S/M L/XL
14.44 14.44
14.44 14.44
$25 per color
68.75
$25 per color
$25 per color
$25 per color
$25 per color
DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54DDocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF
2671/031858-0001 7630421.2 a00/00/00 EXHIBIT A.
Beanie Knit Beanie CP90 Embroidery One Color Embroidery
Embroidery Two-Color
EmbroiderySet-Up FeeScarf Cotton/Acrylic scarf STA02
Embroidery One Color
Embroidery
Embroidery Two-Color Embroidery
Set-Up Fee
Pants Industrial Pants-
Charcoal PT20CH
Embroidery One Color
Embroidery 27.03 27.03 27.03 27.03 27.03 27.03 27.03
Embroidery Multi-Color
Embroidery 27.03 27.03 27.03 27.03 27.03 27.03 27.03
Set-Up Fee
Facility Staff Shirt
Short Sleeve, 6 Button up,
Cotton Mens
SC40
Embroidery One Color
Embroidery 29.74 29.74 29.74 29.74 29.74 29.74 29.74
Embroidery Multi-Color
Embroidery 29.74 29.74 29.74 29.74 29.74 29.74 29.74
Set-Up Fee
Long Sleeve, 6 Button up,
SC30
Embroidery One Color
Embroidery 31.74 31.74 31.74 31.74 31.74 31.74 31.74
Embroidery Multi-Color
Embroidery 31.74 31.74 31.74 31.74 31.74 31.74 31.74
Set-Up Fee
Short Sleeve, 6 Button up,
SP23
Embroidery One Color
Embroidery 22.74 22.74 22.74 22.74 22.74 22.74 22.74
Embroidery Multi-Color
Embroidery 22.74 22.74 22.74 22.74 22.74 22.74 22.74
Set-Up Fee 32
Long Sleeve, 6
Button up,
SP13
Embroidery One Color Embroidery 25.81 25.81 25.81 25.81 25.81 25.81 NA
Embroidery Multi-Color
Embroidery 25.81 25.81 25.81 25.81 25.81 25.81 NA
Set-Up Fee
Adult BasketballJersey
Drifit Single BasketballReversible
Jersey
MVP Dri101DF
Screen Print
Fee
One Color
Screen Print + numbers 30.46 30.46 30.46 30.46 32.60 34.75 36.89
Set-Up Fee
Youth BasketballJersey
Drifit Single
BasketballReversible
Jersey
MVP Dri101DF
Youth
Screen Print
Fee
One Color
Screen Print + numbers 29.89 29.89 29.89 29.89 32.03 34.00 36.32
Set-Up Fee
SHORTS Adult Cooling
Performance N5244 Graphite
Screen Print Fee One Color
Screen Print 10.24 10.24 10.24 10.24 12.44 13.51 NA
Set-Up Fee
SHORTS Youth Cooling
Performance
NB5244
Graphite
Screen Print Fee One Color Screen Print 10.41 10.41 10.41 10.41 NA NA NA
Set-Up Fee
Shipping
Fee
Standard Delivery Included in cost
Rush
25.00
25.00Additional Fees
68.75
68.75
68.75
Basketball League Uniforms
no charge
no charge
12.16
12.16
0.00
Maintenance Staff
68.75
68.75
OS
7.58
7.58
68.75
OS
DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54DDocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF
2671/031858-0001 7630421.2 a00/00/00 EXHIBIT A.
Item Description/
Specs
Sample
Shirt
Cost Per
Item (Small)
Cost Per
Item (Med)
Cost Per
Item (Large)
Cost Per
Item (X
Cost Per
Item (2X
Cost Per
Item (3X
Cost Per
Item (4X
T-Shirt -
Short
Sleeve
Cotton Blend,
Short Sleeve
T-Shirt
PC54
Screen Print
Fee
One Color
Screen Print 5.85 5.85 5.85 5.85 7.80 9.55 9.55
Screen Print
Fee
Two-Color
Screen Print 6.01 6.01 6.01 6.01 7.94 9.69 9.69
Screen Print
Fee
Four-Color
Screen Print 6.30 6.30 6.30 6.30 8.24 10.00 10.00
Set-Up Fee
Polo -
Short
Dri-Fit Micro
Pique Polo NKDC1963
Embroidery One Color
Embroidery 35.71 35.71 35.71 35.71 37.16 40.13 41.60
Embroidery Two-Color
Embroidery 35.71 35.71 35.71 35.71 37.16 40.13 41.60
Set-Up Fee
Sweatshirt Fleece, Full-
Zip Hooded PC78ZH
Screen Print
Fee
One Color
Screen Print 25.34 25.34 25.34 25.34 26.85 30.18 30.18
Screen Print
Fee
Two-Color
Screen Print 25.49 25.49 25.49 25.49 26.99 30.32 30.32
Set-Up Fee
Windbreak
er
Soft Shell
Jacket J317
Screen Print
Fee
One Color
Screen Print 33.14 33.14 33.14 33.14 34.61 37.55 39.02
Screen Print
Fee
Two-Color
Screen Print 33.28 33.28 33.28 33.28 34.75 37.70 39.17
Set-Up Fee
Youth T-
Shirt
Cotton Blend,
Short Sleeve
T-Shirt
PC54Y
Screen Print
Fee
One Color
Screen Print 6.67 6.67 6.67 6.67 NA NA NA
Screen Print
Fee
Two-Color
Screen Print 6.81 6.81 6.81 6.81 NA NA NA
Screen Print
Fee
Four-Color
Screen Print 7.12 7.12 7.12 7.12 NA NA NA
Set-Up Fee
Toddler T-
Shirt
Cotton Blend,
Short Sleeve
T-Shirt
CAR54T 2T 3T 4T NA NA NA NA
Screen Print
Fee
One Color
Screen Print 7.64 7.64 7.64 NA NA NA NA
Screen Print
Fee
Two-Color
Screen Print 8.07 8.07 8.07 NA NA NA NA
Screen Print
Fee
Four-Color
Screen Print 8.36 8.36 8.36 NA NA NA NA
Set-Up
Baseball
Cap Flexfit Cap C865
Embroidery One Color
Embroidery 14.87 NA NA NA
Embroidery Two-Color
Embroidery NA NA NA
Set-Up Fee
COST PROPOSAL OPTIONAL RENEWAL YEAR 1 OF 2
S/M L/XL
14.87
14.87 14.87
68.75
$25 per color
68.75
$25 per color
$25 per color
$25 per color
$25 per color
DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54DDocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF
2671/031858-0001 7630421.2 a00/00/00 EXHIBIT A.
Beanie Knit Beanie CP90 Embroidery One Color
Embroidery
Embroidery Two-Color
EmbroiderySet-Up Fee
Scarf Cotton/Acrylic
scarf STA02
Embroidery One Color Embroidery
Embroidery Two-Color
EmbroiderySet-Up Fee
Pants Industrial Pants-
Charcoal PT20CH
Embroidery One Color Embroidery 27.85 27.85 27.85 27.85 27.85 27.85 27.85
Embroidery Multi-Color
Embroidery 27.85 27.85 27.85 27.85 27.85 27.85 27.85
Set-Up Fee
Facility Staff
Shirt
Short Sleeve, 6 Button up,SC40
Embroidery One Color
Embroidery 30.64 30.64 30.64 30.64 30.64 30.64 30.64
Embroidery Multi-Color
Embroidery 30.64 30.64 30.64 30.64 30.64 30.64 30.64
Set-Up Fee
Long Sleeve, 6
Button up,SC30
Embroidery One Color
Embroidery 32.70 32.70 32.70 32.70 32.70 32.70 32.70
Embroidery Multi-Color
Embroidery 32.70 32.70 32.70 32.70 32.70 32.70 32.70
Set-Up Fee
Short Sleeve, 6 Button up,SP23
Embroidery One Color
Embroidery 23.42 23.42 23.42 23.42 23.42 23.42 23.42
Embroidery Multi-Color Embroidery 23.42 23.42 23.42 23.42 23.42 23.42 23.42
Set-Up Fee
Long Sleeve, 6
Button up,SP13
Embroidery One Color Embroidery 26.59 26.59 26.59 26.59 26.59 26.59 NA
Embroidery Multi-Color
Embroidery 26.59 26.59 26.59 26.59 26.59 26.59 NA
Set-Up Fee
Adult Basketball
Jersey
Drifit Single
Basketball
Reversible Jersey
MVP Dri
101DF
Screen Print
Fee One Color Screen
Print + numbers 31.38 31.38 31.38 31.38 33.59 35.81 38.01
Set-Up FeeYouth
Basketball
Jersey
Drifit Single
BasketballReversible Jersey
MVP Dri
101DF
Screen Print
Fee One Color Screen
Print + numbers 30.80 30.80 30.80 30.80 33.00 35.03 37.42
Set-Up Fee
SHORTS
Adult Cooling
Performance
Short
N5244
Graphite
Screen Print Fee One Color Screen
Print 10.54 10.54 10.54 10.54 12.81 13.97 NA
Set-Up Fee
SHORTS Youth CoolingPerformance
Shorts
NB5244
Graphite
Screen Print Fee One Color Screen Print 10.71 10.71 10.71 10.71 NA NA NA
Set-Up Fee
Shipping
Fee
Standard
Delivery Included in cost
Rush Delivery
25.00
Additional Fees
68.75
68.75
Basketball League Uniforms
no charge
no charge
25.00
12.52
68.75
Maintenance Staff
68.75
68.75
68.75
OS
7.80
7.80
68.75
12.52
12.52
DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54DDocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF
2671/031858-0001 7630421.2 a00/00/00 EXHIBIT A.
Item Description/
Specs
Sample
Shirt
Cost Per
Item (Small)
Cost Per
Item (Med)
Cost Per
Item (Large)
Cost Per
Item (X
Cost Per
Item (2X
Cost Per
Item (3X
Cost Per
Item (4X
T-Shirt -
Short
Sleeve
Cotton Blend,
Short Sleeve
T-Shirt
PC54
Screen Print Fee One Color
Screen Print 6.02 6.02 6.02 6.02 8.03 9.83 9.83
Screen Print Fee Two-Color
Screen Print 6.18 6.18 6.18 6.18 8.17 9.98 9.98
Screen Print Fee Four-Color
Screen Print 6.48 6.48 6.48 6.48 8.48 10.30 10.30
Set-Up Fee
Polo - Short
Sleeve
Dri-Fit Micro
Pique Polo NKDC1963
Embroidery One Color
Embroidery 36.80 36.80 36.80 36.80 38.29 41.35 42.87
Embroidery Two-Color
Embroidery 36.80 36.80 36.80 36.80 38.29 41.35 42.87
Set-Up Fee
Sweatshirt Fleece, Full-Zip
Hooded PC78ZH
Screen Print Fee One Color
Screen Print 26.11 26.11 26.11 26.11 27.66 31.09 31.09
Screen Print Fee Two-Color
Screen Print 26.26 26.26 26.26 26.26 27.81 31.24 31.24
Set-Up Fee
Windbreaker Soft Shell Jacket J317
Screen Print Fee One Color
Screen Print 34.15 34.15 34.15 34.15 35.66 38.69 40.21
Screen Print Fee Two-Color
Screen Print 34.29 34.29 34.29 34.29 35.81 38.85 40.36
Set-Up Fee
Youth T-Shirt Cotton Blend,
Short Sleeve
T-Shirt
PC54Y
Screen Print Fee One Color
Screen Print 6.86 6.86 6.86 6.86 NA NA NA
Screen Print Fee Two-Color
Screen Print 7.01 7.01 7.01 7.01 NA NA NA
Screen Print Fee Four-Color
Screen Print 7.33 7.33 7.33 7.33 NA NA NA
Set-Up Fee
Toddler T-
Shirt
Cotton Blend,
Short Sleeve
T-Shirt
CAR54T 2T 3T 4T NA NA NA NA
Screen Print Fee One Color
Screen Print 7.86 7.86 7.86 NA NA NA NA
Screen Print Fee Two-Color
Screen Print 8.31 8.31 8.31 NA NA NA NA
Screen Print Fee Four-Color
Screen Print 8.60 8.69 8.60 NA NA NA NA
Set-Up
Baseball Cap Flexfit Cap C865
Embroidery One Color
Embroidery NA NA NA
Embroidery Two-Color
Embroidery NA NA NA
Set-Up Fee
COST PROPOSAL OPTIONAL RENEWAL YEAR 2 OF 2
$25 per color
$25 per color
68.75
$25 per color
$25 per color
$25 per color
S/M L/XL
15.31 15.31
15.31 15.31
68.75
DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54DDocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF
2671/031858-0001 7630421.2 a00/00/00 EXHIBIT A.
Beanie Knit Beanie CP90
Embroidery One Color Embroidery 0
Embroidery Two-Color
Embroidery
Set-Up FeeScarf Cotton/Acrylic scarf STA02
Embroidery One Color
Embroidery
Embroidery Two-Color EmbroiderySet-Up Fee
Pants Industrial Pants-
Charcoal PT20CH
Embroidery One Color
Embroidery 28.69 28.69 28.69 28.69 28.69 28.69 28.69
Embroidery Multi-Color
Embroidery 28.69 28.69 28.69 28.69 28.69 28.69 28.69
Set-Up Fee
Facility Staff Shirt
Short Sleeve, 6
Button up,SC40
Embroidery One Color
Embroidery 31.57 31.57 31.57 31.57 31.57 31.57 31.57
Embroidery Multi-Color
Embroidery 31.57 31.57 31.57 31.57 31.57 31.57 31.57
Set-Up Fee
Long Sleeve, 6
Button up,SC30
Embroidery One Color Embroidery 33.69 33.69 33.69 33.69 33.69 33.69 33.69
Embroidery Multi-Color
Embroidery 33.69 33.69 33.69 33.69 33.69 33.69 33.69
Set-Up Fee
Short Sleeve, 6
Button up,SP23
Embroidery One Color Embroidery 24.13 24.13 24.13 24.13 24.13 24.13 24.13
Embroidery Multi-Color Embroidery 24.13 24.13 24.13 24.13 24.13 24.13 24.13
Set-Up Fee
Long Sleeve, 6
Button up,SP13
Embroidery One Color
Embroidery 27.39 27.39 27.39 27.39 27.39 27.39 NA
Embroidery Multi-Color Embroidery 27.39 27.39 27.39 27.39 27.39 27.39 NA
Set-Up Fee
Adult
Basketball
Jersey
Drifit Single
Basketball
Reversible
Jersey
MVP Dri
101DF
Screen Print Fee One Color Screen Print +
numbers
32.33 32.33 32.33 32.33 34.61 36.90 39.17
Set-Up Fee
Youth BasketballJersey
Drifit Single BasketballReversible
Jersey
MVP Dri101DF
Screen Print Fee One Color
Screen Print + numbers 31.73 31.73 31.73 31.73 34.00 36.09 38.56
Set-Up Fee
SHORTS
Adult Cooling
Performance
Short
N5244 Graphite
Screen Print Fee One Color Screen Print 10.85 10.85 10.85 10.85 13.19 14.38 NA
Set-Up Fee
SHORTS
Youth Cooling
Performance Shorts
NB5244 Graphite
Screen Print Fee One Color
Screen Print 11.02 11.02 11.02 11.02 NA NA NA
Set-Up Fee
Shipping Fee
Standard Delivery Included in cost
Rush Delivery
68.75
OS
8.02
8.02
68.75
OS
12.89
12.89
68.75
Maintenance Staff
68.75
25.00
25.00Additional Fees
68.75
68.75
68.75
Basketball League Uniforms
no charge
no charge
DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54DDocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF