HomeMy WebLinkAbout4.6 Authorization to Purchase Waste and Recycling ReceptaclesSTAFF REPORT
CITY COUNCIL
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Agenda Item 4.6
DATE:June 15, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Authorization to Purchase Waste and Recycling Receptacles
Prepared by: Michelle Sung, Environmental Technician
EXECUTIVE SUMMARY:
The City Council will consider authorizing the purchase of solar compacting three-stream waste
receptacles from ECube Labs Co.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing the Purchase of Solar Compacting Three-Stream Waste
Receptacles from ECube Labs Co.
FINANCIAL IMPACT:
The cost of the services and procurement will be charged to the Public Works Department in
accordance with the adopted annual budget. The table below lists the budgeted funding sources.
Purchase Cost Budgeted Funding Sources
ECube Labs Co. Solar Compacting
Three-Stream Waste Receptacles
$48,489 Measure D Fund
12-month CleanCityNetworks
Monitoring Subscription
$1,500 General Fund (Maintenance)
DESCRIPTION:
The City owns and maintains exterior trash and recycling receptacles in parks, streets, and around
City buildings. Some receptacle locations are heavily used by the community and require a higher
frequency of servicing. At times, some locations are also a source of complaints when the
receptacle capacity is reached before the next scheduled servicing. In an effort to improve service
levels, reduce complaints at heavily used locations, and test newer technology, Staff is
recommending the acquisition and testing of three-stream (trash, recycling, and compostables)
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solar compacting receptacles from ECube Labs Co.
The initial use of these receptacles will serve as a pilot project in determining whether they
generate fewer maintenance trips and service requests from the community. The receptacles can
hold up to five times the contents of a standard non-compacting receptacle and are battery-
powered, with battery charging provided by a solar panel integrated into the receptacle lid.
Additionally, the receptacles include a wireless fill sensor with integrated cellular communication.
This sensor can detect the fill level of receptacles and allow Staff to monitor those levels in real
time using ECube Lab Co.’s internet-based monitoring platform.
The proposed three-stream receptacles from ECube Labs Co. are sized equivalent to a 35-gallon
receptacle, however each compacting unit is capable of holding five times the capacity of a
standard, non-compacting receptacle. The approximate price for a three-stream station with all
units compacting from ECube Labs Co. is $8,640. Comparable compacting three-stream stations
from the only competing vendor cost approximately $15,000, while non-compacting three-stream
receptacles each with a capacity of 32 gallons range between $3,600 and $4,500.
Staff requests the purchase of five, three-stream receptacles for testing at five different locations.
Two different types of receptacles are proposed. One type has compaction for all three streams.
The other type has compactors for recycling and trash, but no compactor for organics. The units
with organics compaction are proposed for locations with higher levels of organic food waste. The
following lists the containers for each proposed location.
Container Type Location
Three-Stream
(all units compacting)
Imagine Playground
Three-Stream
(all units compacting)
Emerald Glen near Farmers’ Market
Three-Stream
(two units compacting, one non-compacting)
Dublin Boulevard Pedestrian Overpass, over
Alamo Canal by Civic Center
Three-Stream
(two units compacting, one non-compacting)
Dublin Boulevard near John Monego Court
Three-Stream
(two units compacting, one non-compacting)
Shannon Center
The proposed acquisition includes the five receptacles, each with one year of included monitoring
service, for a total of $49,989. Monitoring service beyond the first year is approximately $100 per
year, per bin (or $300 for each three-stream receptacle). Ongoing monitoring service will be
included as part of the annual maintenance operations budget.
The Municipal Code requires contracts or purchases of general services, supplies, or equipment
more than $45,000 to be subject to competitive bidding. The National Cooperative Purchasing
Alliance (NCPA) completed an RFP process, and as a result of that process, ECube Labs Co. was
awarded the Master Contract 02-79 for General, Recyclable, and Food Waste Collection,
Compaction, Containment, and Onsite Processing Systems and Components. The City is a partner
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in the NCPA and is utilizing the NCPA’s RFP process to select Ecube Labs Co. to supply the three-
stream receptacles.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Authorizing the Purchase of Solar Compacting Three-Stream Waste Receptacles
from ECube Labs Co.
2) Exhibit A to the Resolution – ECube Labs Co. Master Contract
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Attachment 1
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2
RESOLUTION NO. XX – 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING THE PURCHASE OF SOLAR COMPACTING THREE-STREAM WASTE
RECEPTACLES FROM ECUBE LABS CO.
WHEREAS,the City of Dublin desires to purchase solar compacting three-stream waste
receptacles for placement in City parks and public rights-of-way as a pilot project to determine if
the receptacles provide enhanced litter and maintenance reduction benefits; and
WHEREAS,Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to
the typical public bidding process when the City is able to procure items from a competitive bid
process administered by another public agency; and
WHEREAS, the City of Dublin is a partner in the National Cooperative Purchasing
Alliance; and
WHEREAS,the National Cooperative Purchasing Alliance completed a Request for
Proposal process and awarded ECube Labs Co. a Master Agreement 02-79 for General,
Recyclable, and Food Waste Collection, Compaction, Containment and Onsite Processing
Systems and Components attached hereto as Exhibit A.
WHEREAS, Section 2.36.090 of the Dublin Municipal Code requires City Council
approval of equipment and services with a cost greater than or equal to forty-five thousand
dollars ($45,000); and
WHEREAS, ECube Labs Co. provided pricing for solar compacting three-stream waste
receptacles at a total amount of $49,989.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby authorize the City Manager, or designee, as Purchasing Agent, to purchase solar
compacting three-stream waste receptacles from ECube Labs Co., subject to available budget
appropriations, through the National Cooperative Purchasing Alliance.
PASSED, APPROVED AND ADOPTED this 15th day of June 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
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Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2
ATTEST:
_________________________________
City Clerk
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Attachment 2
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Tab 1 – Master Agreement
General Terms and Conditions
¨ Customer Support
Ø The vendor shall provide timely and accurate technical advice and sales support. The
vendor shall respond to such requests within one (1) working day after receipt of the
request.
¨ Disclosures
Ø Respondent affirms that he/she has not given, offered to give, nor intends to give at any
time hereafter any economic opportunity, future employment, gift, loan, gratuity, special
discount, trip, favor or service to a public servant in connection with this contract.
Ø The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at
independently, and is submitted without collusion with anyone to obtain information or
gain any favoritism that would in any way limit competition or give an unfair advantage
over other vendors in the award of this contract.
¨ Renewal of Contract
Ø Unless otherwise stated, all contracts are for a period of three (3) years with an option to
renew for up to two (2) additional one-year terms or any combination of time equally not
more than 2 years if agreed to by Region 14 ESC and the vendor.
¨ Funding Out Clause
Ø Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A
contract for the acquisition, including lease, of real or personal property is a commitment
of the entity’s current revenue only, provided the contract contains either or both of the
following provisions:
Ø Retains to the entity the continuing right to terminate the contract at the expiration of each
budget period during the term of the contract and is conditioned on a best efforts attempt
by the entity to obtain appropriate funds for payment of the contract.
¨ Shipments (if applicable)
Ø The awarded vendor shall ship ordered products within seven (7) working days for goods
available and within four (4) to six (6) weeks for specialty items after the receipt of the
order unless modified. If a product cannot be shipped within that time, the awarded
vendor shall notify the entity placing the order as to why the product has not shipped and
shall provide an estimated shipping date. At this point the participating entity may cancel
the order if estimated shipping time is not acceptable.
¨ Tax Exempt Status
Ø Since this is a national contract, knowing the tax laws in each state is the sole responsibility
of the vendor.
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¨ Payments
Ø The entity using the contract will make payments directly to the awarded vendor or their
affiliates (distributors/business partners/resellers) as long as written request and
approval by NCPA is provided to the awarded vendor.
¨ Adding authorized distributors/dealers
Ø Awarded vendors may submit a list of distributors/partners/resellers to sell under their
contract throughout the life of the contract. Vendor must receive written approval from
NCPA before such distributors/partners/resellers considered authorized.
Ø Purchase orders and payment can only be made to awarded vendor or
distributors/business partners/resellers previously approved by NCPA.
Ø Pricing provided to members by added distributors or dealers must also be less than or
equal to the pricing offered by the awarded contract holder.
Ø All distributors/partners/resellers are required to abide by the Terms and Conditions of
the vendor's agreement with NCPA.
¨ Pricing
Ø All pricing submitted shall include the administrative fee to be remitted to NCPA by the
awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date
and on file with NCPA.
Ø All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing
offered unless otherwise clearly stated in writing
¨ Warranty
Ø Proposals should address each of the following:
§ Applicable warranty and/or guarantees of equipment and installations including
any conditions and response time for repair and/or replacement of any components
during the warranty period.
§ Availability of replacement parts
§ Life expectancy of equipment under normal use
§ Detailed information as to proposed return policy on all equipment
¨ Indemnity
Ø The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its
participants, administrators, employees and agents against all claims, damages, losses and
expenses arising out of or resulting from the actions of the vendor, vendor employees or
vendor subcontractors in the preparation of the solicitation and the later execution of the
contract.
¨ Franchise Tax
Ø The respondent hereby certifies that he/she is not currently delinquent in the payment of
any franchise taxes.
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¨ Supplemental Agreements
Ø The entity participating in this contract and awarded vendor may enter into a separate
supplemental agreement to further define the level of service requirements over and above
the minimum defined in this contract i.e. invoice requirements, ordering requirements,
specialized delivery, etc. Any supplemental agreement developed as a result of this contract
is exclusively between the participating entity and awarded vendor.
¨ Certificates of Insurance
Ø Certificates of insurance shall be delivered to the Public Agency prior to commencement of
work. The insurance company shall be licensed in the applicable state in which work is
being conducted. The awarded vendor shall give the participating entity a minimum of ten
(10) days notice prior to any modifications or cancellation of policies. The awarded vendor
shall require all subcontractors performing any work to maintain coverage as specified.
¨ Legal Obligations
Ø It is the Respondent’s responsibility to be aware of and comply with all local, state, and
federal laws governing the sale of products/services identified in this RFP and any
awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and
regulation must be followed even if not specifically identified herein.
¨ Protest
Ø A protest of an award or proposed award must be filed in writing within ten (10) days from
the date of the official award notification and must be received by 5:00 pm CST. Protests
shall be filed with Region 14 ESC and shall include the following:
§ Name, address and telephone number of protester
§ Original signature of protester or its representative
§ Identification of the solicitation by RFP number
§ Detailed statement of legal and factual grounds including copies of relevant
documents and the form of relief requested
Ø Any protest review and action shall be considered final with no further formalities being
considered.
¨ Force Majeure
Ø If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in
part to carry out its obligations under this Agreement then such party shall give notice and
full particulars of Force Majeure in writing to the other party within a reasonable time after
occurrence of the event or cause relied upon, and the obligation of the party giving such
notice, so far as it is affected by such Force Majeure, shall be suspended during the
continuance of the inability then claimed, except as hereinafter provided, but for no longer
period, and such party shall endeavor to remove or overcome such inability with all
reasonable dispatch.
Ø The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or
other industrial disturbances, act of public enemy, orders of any kind of government of the
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United States or any civil or military authority; insurrections; riots; epidemics; landslides;
lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests;
restraint of government and people; civil disturbances; explosions, breakage or accidents
to machinery, pipelines or canals, or other causes not reasonably within the control of the
party claiming such inability. It is understood and agreed that the settlement of strikes and
lockouts shall be entirely within the discretion of the party having the difficulty, and that
the above requirement that any Force Majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes and lockouts by acceding to the
demands of the opposing party or parties when such settlement is unfavorable in the
judgment of the party having the difficulty.
¨ Prevailing Wage
Ø It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing
wage legislation in effect in the jurisdiction of the purchaser. It shall further be the
responsibility of the Vendor to monitor the prevailing wage rates as established by the
appropriate department of labor for any increase in rates during the term of this contract
and adjust wage rates accordingly.
¨ Miscellaneous
Ø Either party may cancel this contract in whole or in part by providing written notice. The
cancellation will take effect 30 business days after the other party receives the notice of
cancellation. After the 30th business day all work will cease following completion of final
purchase order.
¨ Open Records Policy
Ø Because Region 14 ESC is a governmental entity responses submitted are subject to release
as public information after contracts are executed. If a vendor believes that its response, or
parts of its response, may be exempted from disclosure, the vendor must specify page-by-
page and line-by-line the parts of the response, which it believes, are exempt. In addition,
the respondent must specify which exception(s) are applicable and provide detailed
reasons to substantiate the exception(s).
Ø The determination of whether information is confidential and not subject to disclosure is
the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG
sufficient information to render an opinion and therefore, vague and general claims to
confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the
opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal
arguments on behalf of any vendor. Respondent are advised to consult with their legal
counsel concerning disclosure issues resulting from this procurement process and to take
precautions to safeguard trade secrets and other proprietary information.
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Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes,
ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC
in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined
to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for
evaluation, response must have been submitted on time, and satisfy all mandatory requirements
identified in this document.
¨ Contract Administration
Ø The contract will be administered by Region 14 ESC. The National Program will be
administered by NCPA on behalf of Region 14 ESC.
¨ Contract Term
Ø The contract term will be for three (3) year starting from the date of the award. The
contract may be renewed for up to two (2) additional one-year terms or any combination
of time equally not more than 2 years.
Ø It should be noted that maintenance/service agreements may be issued for up to (5) years
under this contract even if the contract only lasts for the initial term of the contract. NCPA
will monitor any maintenance agreements for the term of the agreement provided they are
signed prior to the termination or expiration of this contract.
¨ Contract Waiver
Ø Any waiver of any provision of this contract shall be in writing and shall be signed by the
duly authorized agent of Region 14 ESC. The waiver by either party of any term or
condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of
any further or additional right that such party may hold under this contract.
¨ Products and Services additions
Ø Products and Services may be added to the resulting contract during the term of the
contract by written amendment, to the extent that those products and services are within
the scope of this RFP.
¨ Competitive Range
Ø It may be necessary for Region 14 ESC to establish a competitive range. Responses not in
the competitive range are unacceptable and do not receive further award consideration.
¨ Deviations and Exceptions
Ø Deviations or exceptions stipulated in response may result in disqualification. It is the
intent of Region 14 ESC to award a vendor’s complete line of products and/or services,
when possible.
¨ Estimated Quantities
Ø The estimated dollar volume of Products and Services purchased under the proposed
Master Agreement is $10 million dollars annually. This estimate is based on the anticipated
volume of Region 14 ESC and current sales within the NCPA program. There is no
guarantee or commitment of any kind regarding usage of any contracts resulting from this
solicitation
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¨ Evaluation
Ø Region 14 ESC will review and evaluate all responses in accordance with, and subject to,
the relevant statutes, ordinances, rules and regulations that govern its procurement
practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for
contract awards will be based on multiple factors, each factor being assigned a point value
based on its importance.
¨ Formation of Contract
Ø A response to this solicitation is an offer to contract with Region 14 ESC based upon the
terms, conditions, scope of work, and specifications contained in this request. A solicitation
does not become a contract until it is accepted by Region 14 ESC. The prospective vendor
must submit a signed Signature Form with the response thus, eliminating the need for a
formal signing process.
¨ NCPA Administrative Agreement
Ø The vendor will be required to enter and execute the National Cooperative Purchasing
Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The
agreement establishes the requirements of the vendor with respect to a nationwide
contract effort.
¨ Clarifications / Discussions
Ø Region 14 ESC may request additional information or clarification from any of the
respondents after review of the proposals received for the sole purpose of elimination
minor irregularities, informalities, or apparent clerical mistakes in the proposal.
Clarification does not give respondent an opportunity to revise or modify its proposal,
except to the extent that correction of apparent clerical mistakes results in a revision. After
the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions
with those respondent’s whose proposals are determined to be reasonably susceptible of
being selected for award. Discussions occur when oral or written communications
between Region 14 ESC and respondent’s are conducted for the purpose clarifications
involving information essential for determining the acceptability of a proposal or that
provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will
not assist respondent bring its proposal up to the level of other proposals through
discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet
to neither obtain further consideration nor will it provide any information about other
respondents’ proposals or prices.
¨ Multiple Awards
Ø Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will
ensure that any ensuing contracts fulfill current and future requirements of the diverse and
large number of participating public agencies.
¨ Past Performance
Ø Past performance is relevant information regarding a vendor’s actions under previously
awarded contracts; including the administrative aspects of performance; the vendor’s
history of reasonable and cooperative behavior and commitment to customer satisfaction;
and generally, the vendor’s businesslike concern for the interests of the customer.
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Evaluation Criteria
¨ Pricing (40 points)
Ø Electronic Price Lists
§ Products, Services, Warranties, etc. price list
§ Prices listed will be used to establish both the extent of a vendor’s product lines,
services, warranties, etc. available from a particular bidder and the pricing per item.
¨ Ability to Provide and Perform the Required Services for the Contract (25 points)
Ø Product Delivery within participating entities specified parameters
Ø Number of line items delivered complete within the normal delivery time as a percentage
of line items ordered.
Ø Vendor’s ability to perform towards above requirements and desired specifications.
Ø Past Cooperative Program Performance
Ø Quantity of line items available that are commonly purchased by the entity.
Ø Quality of line items available compared to normal participating entity standards.
¨ References (15 points)
Ø A minimum of ten (10) customer references for product and/or services of similar scope
dating within past 3 years
¨ Technology for Supporting the Program (10 points)
Ø Electronic on-line catalog, order entry use by and suitability for the entity’s needs
Ø Quality of vendor’s on-line resources for NCPA members.
Ø Specifications and features offered by respondent’s products and/or services
¨ Value Added Services Description, Products and/or Services (10 points)
Ø Marketing and Training
Ø Minority and Women Business Enterprise (MWBE) and (HUB) Participation
Ø Customer Service
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Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region
14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the
Master Agreement, or (ii) for any payments required to be made with respect to such
order, and (c) shall not be obligated, liable or responsible for any failure by the Public
Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the
due authorization and approval necessary to purchase under the Master Agreement. NCPA
makes no representations or guaranties with respect to any minimum purchases required
to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or
Public Agency under this Agreement or the Master Agreement.
Ø The Public Agency participating in the NCPA contract and Vendor may enter into a separate
supplemental agreement to further define the level of service requirements over and above
the minimum defined in this contract i.e. invoice requirements, ordering requirements,
specialized delivery, etc. Any supplemental agreement developed as a result of this contract
is exclusively between the Public Agency and Vendor. NCPA, its agents, members and
employees shall not be made party to any claim for breach of such agreement.
¨ Term of Agreement
Ø This Agreement shall be in effect so long as the Master Agreement remains in effect,
provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through
the termination of this Agreement and all indemnifications afforded by Vendor to NCPA
shall survive the term of this Agreement.
¨ Fees and Reporting
Ø The awarded vendor shall electronically provide NCPA with a detailed monthly or
quarterly report showing the dollar volume of all sales under the contract for the previous
month or quarter. Reports shall be sent via e-mail to NCPA offices at reporting@ncpa.us.
Reports are due on the fifteenth (15th) day after the close of the previous month or quarter.
It is the responsibility of the awarded vendor to collect and compile all sales under the
contract from participating members and submit one (1) report. The report shall include
at least the following information as listed in the example below:
Entity Name Zip Code State PO or Job # Sale Amount
Total
Ø Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.
From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered
fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis.
Deadline for term of payment will be included in the invoice NCPA provides.
Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%
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Ø Supplier shall maintain an accounting of all purchases made by Public Agencies under the
Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a
period of four (4) years from the date NCPA receives the accounting. In the event of such
an audit, the requested materials shall be provided at the location designated by Region 14
ESC or NCPA. In the event such audit reveals an underreporting of Contract Sales and a
resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the
amount of such underpayment, together with interest on such amount and shall be
obligated to reimburse NCPA’s costs and expenses for such audit.
¨ General Provisions
Ø This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the subject matter hereof, and no other
agreement, statement, or promise relating to the subject matter of this Agreement which is
not contained herein shall be valid or binding.
Ø Awarded vendor agrees to allow NCPA to use their name and logo within website,
marketing materials and advertisement. Any use of NCPA name and logo or any form of
publicity regarding this contract by awarded vendor must have prior approval from NCPA.
Ø If any action at law or in equity is brought to enforce or interpret the provisions of this
Agreement or to recover any administrative fee and accrued interest, the prevailing party
shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to
which such party may be entitled.
Ø Neither this Agreement nor any rights or obligations hereunder shall be assignable by
Vendor without prior written consent of NCPA, provided, however, that the Vendor may,
without such written consent, assign this Agreement and its rights and delegate its
obligations hereunder in connection with the transfer or sale of all or substantially all of its
assets or business related to this Agreement, or in the event of its merger, consolidation,
change in control or similar transaction. Any permitted assignee shall assume all assigned
obligations of its assignor under this Agreement.
Ø This Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s
sole discretion, to an existing or newly established legal entity that has the authority and
capacity to perform NCPA’s obligations hereunder
Ø All written communications given hereunder shall be delivered to the addresses as set
forth below.
National Cooperative Purchasing Alliance:
Name:
Title:
Address:
Signature:
Date:
Vendor:
Name:
Title:
Address:
Signature:
Date: 05/27/2020
Ecube Labs Co.
Matti Juutinen
Business Development Manager
753 Ridgecrest St
Monterey Park, CA 91754
Matthew Mackel
Director, Business Development
PO Box 701273
Houston, TX 77270
July 1, 2020
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Tab 3 – Vendor Questionnaire
Please provide responses to the following questions that address your company’s operations,
organization, structure, and processes for providing products and services.
¨ States Covered
Ø Bidder must indicate any and all states where products and services can be offered.
Ø Please indicate the price co-efficient for each state if it varies.
50 States & District of Columbia (Selecting this box is equal to checking all boxes below)
Alabama Maryland South Carolina
Alaska Massachusetts South Dakota
Arizona Michigan Tennessee
Arkansas Minnesota Texas
California Mississippi Utah
Colorado Missouri Vermont
Connecticut Montana Virginia
Delaware
District of Columbia
Nebraska
Nevada
Washington
West Virginia
Florida New Hampshire Wisconsin
Georgia New Jersey Wyoming
Hawaii New Mexico
Idaho New York
Illinois North Carolina
Indiana North Dakota
Iowa Ohio
Kansas Oklahoma
Kentucky Oregon
Louisiana Pennsylvania
Maine Rhode Island
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Tab 4: Vendor Profile
Company’s official registered name.
Ecube Labs Co.
Brief history of your company, including the year it was established.
Our parent company, Ecube Labs Co., Ltd., was established in South Korea in 2011. The company
expanded to the United States in 2016 by opening an office in Los Angeles, California. Two years later,
Ecube Labs opened another office in Baltimore, Maryland. As of May 2020, the company has deployed
close to 12,000 units worldwide.
Company’s Dun & Bradstreet (D&B) number.
08-038-2085
Company’s organizational chart of those individuals that would be involved in the contract.
Corporate office location.
753 Ridgecrest St, Monterey Park, California, 91754
List the number of sales and services offices for states being bid in solicitation.
753 Ridgecrest St, Monterey Park, California, 91754
100 International Drive 23rd Floor, Baltimore, Maryland, 21202
List the names of key contacts at each with title, address, phone and e-mail address.
Matti Juutinen, Business Development Manager
753 Ridgecrest St, Monterey Park, California, 91754
626-500-9794, matti@ecubelabs.com
James Noh,
Director
Jae Han, Business
Development Director
Matti Juutinen, Business
Development Manager
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James Oh, Business Development Manager
100 International Drive 23rd Floor, Baltimore, Maryland, 21202
626-695-0021, james@ecubelabs.com
Define your standard terms of payment.
50% in advance, 50% NET30
Who is your competition in the marketplace?
BigBelly, Mr. Fill, Nordsense, Sensoneo, Enevo
What differentiates your company from competitors?
1. We provide both solar-powered compactors and retrofittable wireless fill-level sensors on a
single cloud platform.
2. Our CleanCUBE compactors come in three sizes (28, 32 and 64 gallons) and are compatible with
regular wheelie bins. We also provide more options for customization.
3. Our CleanFLEX fill-level sensors are ToF (Time-of-Flight) based and their sensing accuracy is far
better than sensors using ultrasonic technology. Our clients can install them without brackets
because the sensor module can be rotated.
4. We provide more affordable prices.
5. We assign a dedicated technical support team for each client. All issues are solved as quickly as
possible.
Describe how your company will market this contract if awarded.
If awarded, we will make sure to mention the possibility of purchasing our products directly from NCPA
whenever a potential municipal client sends us an inbound. We will also include NCPA in our outbound
marketing.
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Describe how you intend to introduce NCPA to your company.
We would have an internal meeting with our business development and sales staff to introduce NCPA.
Describe your firm’s capabilities and functionality of your on-line catalog / ordering website.
Our clients can find more information about our products and place an order by emailing our U.S. team
at marketus@ecubelabs.com
Describe your company’s Customer Service Department (hours of operation, number of service
centers, etc.)
Our customer support team is based in Monterey Park, California. Our opening times are 9:00 AM to
5:00 PM on weekdays. To reach us, please call 213-282-7850 or email marketus@ecubelabs.com
Green Initiatives
By using our products and services, Ecube’s clients can optimize their waste collection operations and
reduce the number of pickups. This means less trucks, less CO2 emissions and less noise pollution.
Vendor Certifications (if applicable)
N/A
156
Tab 5: Products and Services
Ecube Labs Co. provides the following products and services.
1. CleanCUBE, the solar-powered trash compactor
CleanCUBE is a solar-powered trash compactor which can hold up to 8
times more waste compared to non-compacting bins, reducing
collection frequency by up to 80%. It is compatible with standard 120L
and 240L wheelie bins for easy and safe trash removal, and it also
communicates information it collects in real time through wireless
transmission to CleanCityNetworks, our cloud-based monitoring and
data analytics platform. CleanCUBE can be equipped with various optional features such as LED
backlight, LCD panel, graphic wraps, and Wi-Fi router. CleanCUBE is also available as AC Plug-in
and hybrid-powered models, allowing our clients to use the compactor both indoors and
outdoors.
2. CleanFLEX, the wireless fill-level sensor for waste containers
CleanFLEX is a wireless fill-level sensor that securely monitors a
container’s fill-level and sends real-time data to CleanCityNetworks,
our cloud-based monitoring and data analytics platform. CleanFLEX
can be easily attached to any type of container or tank to monitor
any type of waste, including solids and liquids. Together with the
cloud platform, CleanFLEX enables cities and waste management
companies to increase their operational waste collection efficiency by
up to 50%.
3. CleanCityNetworks, the waste analytics platform
CleanCityNetworks (CCN) is our waste management platform and the
glue that binds all our solutions together. CCN provides the
monitoring environment, smart dashboard, analytics, and control
center in one comprehensive and simple package. Web-based and
cloud-hosted, CCN is available anywhere you have a modern browser
and an internet connection. It gives you total control and insight into
your waste management operations and has proven cost-reduction
benefits in all sectors of your operation.
For more information and the best practices of installing CleanCUBE bins, please refer to the following
slides.
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
Tab 8 – Value Added Products and Services
¨ Include any additional products and/or services available that vendor currently performs in their
normal course of business that is not included in the scope of the solicitation that you think will
enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.
N/A
181
Tab 9 – Required Documents
¨ Clean Air and Water Act / Debarment Notice
¨ Contractors Requirements
¨ Antitrust Certification Statements
¨ Required Clauses for Federal Funds Certifications
¨ Required Clauses for Federal Assistance by FTA
¨ State Notice Addendum
182
Clean Air and Water Act & Debarment Notice
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as
amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40
CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting
violations to the grantor agency and to the United States Environment Protection Agency Assistant
Administrator for the Enforcement.
I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for
participation in Federal Assistance programs under Executive Order 12549, “Debarment and
Suspension”, as described in the Federal Register and Rules and Regulations
Potential Vendor
Print Name
Address
City, Sate, Zip
Authorized signature
Date
Ecube Labs Co.
Matti Juutinen
753 Ridgecrest St
Monterey Park, CA 91754
05/27/2020
183
Contractor Requirements
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality
Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further
warrants that it is in compliance with the various state statues of the states it is will operate this contract
in.
Participating Government Entities including School Districts may request verification of compliance from
any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to
confirm compliance in accordance with applicable laws.
Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in
compliance, they may pursue any and all remedies allowed by law, including, but not limited to:
suspension of work, termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
The offeror complies and maintains compliance with the appropriate statutes which requires compliance
with federal immigration laws by State employers, State contractors and State subcontractors in
accordance with the E-Verify Employee Eligibility Verification Program.
Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed
Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a
full set of fingerprints to the school district if requested of each person or employee who may provide such service.
Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be
made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the
appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which
fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide
services on school district properties until authorized by the District.
The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which
the work is being performed unless otherwise exempted.
Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being
performed
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have
scrutinized business operations in Sudan and/or Iran.
Authorized signature
Date 05/27/2020
184
Antitrust Certification Statements (Tex. Government Code § 2155.005)
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm,
partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas
Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
(3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law;
and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this
bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the
same line of business as the Company.
Company name
Address
City/State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
Ecube Labs Co.
753 Ridgecrest St
Monterey Park, CA 91754
213-282-7850
213-289-2869
matti@ecubelabs.com
Matti Juutinen
Business Development Manager
185
Required Clauses for Federal Funds Certifications
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. The following
certifications and provisions may be required and apply when a Participating Agency expends federal funds for any
purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small
purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the
procurement provisions of Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances
where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be
effected and the basis for settlement. (All contracts in excess of $10,000)
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the
definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause
provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order
11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted
construction contract, the equal opportunity clause is incorporated by reference herein.
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime
construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with
the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR
Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In
accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors
must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract
or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must
report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision
186
for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be
prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,
to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the
non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision
for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked
in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding
agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must
comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations
issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-
Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations
must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be
made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance
with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000
must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee
187
of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this procurement process,
offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror
further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all
other pending matters are closed.
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror
certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321
et seq.; 49 C.F.R. Part 18).
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal
Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America
Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating
Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable
procurement rules calling for free and open competition.
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Required Clauses for Federal Assistance provided by FTA
ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all books, records, accounts and reports required under this Contract for a period of not less
than three (3) years after the date of termination or expiration of this Contract or any extensions thereof
except in the event of litigation or settlement of claims arising from the performance of this Contract, in
which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the
Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation,
appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records
with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to
reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the
purpose of audit and examination.
FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11).
CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §
2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the
Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C.
§ 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition,
Contractor agrees to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this
Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended,
42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all
applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR,
Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the course of this Project.
Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, creed, national origin, sex, marital
status, or age. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In addition, Contractor
agrees to comply with any implementing requirements FTA may issue.
b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29
U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing
regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment
discrimination by Contractor against individuals on the basis of age, including present and prospective
189
employees. In addition, Contractor agrees to comply with any implementing requirements FTA may
issue.
c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended
(ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with
disabilities in programs, activities, and services, and imposes specific requirements on public and private
entities. Contractor agrees that it will comply with the requirements of the Equal Employment
Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with
disabilities and with their responsibilities under Titles I through V of the ADA in employment, public
services, public accommodations, telecommunications, and other provisions.
d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide
for their employees any segregated facilities at any of their establishments, and that they do not and will
not permit their employees to perform their services at any location under the Contractor’s control
where segregated facilities are maintained. As used in this certification the term “segregated facilities”
means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas,
parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in fact segregated on the basis
of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees
that a breach of this certification will be a violation of this Civil Rights clause.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations,
either by competitive bidding or negotiation, made by Contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations
relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.
4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination
provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may
determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under
the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in
whole or in part.
Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal
assistance provided by FTA, modified only if necessary to identify the affected parties.
DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the
policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in
49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts.
1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this Contract. Contractor shall carry out all
applicablerequirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure
by Contractor to carry out these requirements is a material breach of this Contract, which may result in the
termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract
Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).
190
2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime
Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of
payment for that Work from public agency. In addition, Contractor is required to return any retainage
payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this
Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of
payment from the above time frames may occur only for good cause following written approval of public
agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify
public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails
to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at
least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that
Work through its own forces, or those of an affiliate, without prior written consent of public agency.
3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public
agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable
opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract.
Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent
agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the
efficient performance of the Contract.
ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in
the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C.
Sections 6321 et seq. and 41 CFR Part 301-10.
FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including
without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may
be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall
constitute a material breach of this Contract.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of
Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions
required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform
any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to
be in violation of the FTA terms and conditions.
NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and
notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the
underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or
liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying Contract.
191
Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance
provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who
will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§
3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to
this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of
any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the
FTA assisted project for which this Contract Work is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the
right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal
Government deems appropriate.
Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement,
submission, or certification to the Federal Government under a contract connected with a project that is financed in whole
or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government
reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent
the Federal Government deems appropriate.
Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance
provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will
be subject to the provisions.
192
State Notice Addendum
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to
include all county, city, special district, local government, school district, private K-12 school, higher education
institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all
other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national
contract.
For your reference, the links below include some, but not all, of the entities included in this proposal:
http://www.usa.gov/Agencies/Local Government/Cities.shtml
http://nces.ed.gov/globallocator/
https://harvester.census.gov/imls/search/index.asp
http://nccsweb.urban.org/PubApps/search.php
http://www.usa.gov/Government/Tribal-Sites/index.shtml
http://www.usa.gov/Agencies/State-and-Territories.shtml
http://www.nreca.coop/about-electric-cooperatives/member-directory/
https://sos.oregon.gov/blue-book/Pages/state.aspx
https://portal.ehawaii.gov/government/
https://access.wa.gov/governmentagencies.html
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Page 1 of 2
Quote
Date: April 15th, 2021
Client: City of Dublin
Description Unit cost
(USD) Quantity Total cost (USD)
35-gal solar-powered 2nd generation
CleanCUBE waste compactor (open
aperture)
$2,800 12 $33,600
35-gal non-compacting sensor-only 2nd
generation CleanCUBE (open aperture) $950 3 $2,850
Wheeled inner bin (to be placed inside
CleanCUBE) $79 15 $1,185
A2 sized advertising panel $90 10 $900
CleanCityNetworks software subscription
(12 months) $100 15 $1,500
Shipping $5,850 1 $5,850
California sales tax 10.25% $4,103.59 1 $4,103.59
Total in quotation: $49,988.59 USD
REMARKS:
1. This is not an official invoice. An official invoice will be provided if this quote is accepted.
2. The product warranty covers 12 months starting from the acknowledged receipt of goods.
3. Technical support service included (remote installation guidance, training, etc.)
LEAD TIME:
6-8 weeks manufacturing + 50 days shipping
PAYMENT TERMS:
50% in advance to confirm the order, 50% within 14 days after receipt of goods
CONTACT PERSON:
Matti Juutinen, +1 (626) 500-9794, matti@ecubelabs.com
For and On Behalf of Ecube Labs Co.,
Ecube Labs Co.
753 Ridgecrest St
Monterey Park, CA 91754
Tel: +1 (213) 282-7850
marketus@ecubelabs.com
www.ecubelabs.com
194
Page 2 of 2
Name: Matti Juutinen
Designation: Partnerships Director
195