R2019-43 Resolution Authorizing Approval of Master Contract, Participating Addendum to the Master Contract Between the Commonwealth of Virginia and Gillig, LLC

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8. ADDITIONIDEIETION�F PRODUCTS lSERVICES 1. The Commonweaith recognizes that Products and Product line additions andlor Services to the Contractor's standard cammercial catalog offerings during the life of the Contract are likefy to occur. The Commonwealth considers these additions as enhancements.Additions will be considered as fiollows: a. Any and all new Products will be categorized with similar Products or Product lines into existing market categories previausly defined and agreed to by the Commonwealth and with respect to discount structure, net price or grand total of the Praduct. The Commonwealth shail be notified of new item(s) andior Product line(s). ConUact amendment or modification wiil not be required far addition of new Product(s)to the Contractor's offerings that are consistent with pre-estabiished eategories and discount structure. Such products shail be added to Contractor's on line catalag in the Commonwealth's eVA system, thereby providing our citizens with the best Products available fram Cantractor at any time during the term of this Contract. b. In the event the Contractor adds a new specialty Product line which represents Product(s)that are consistent with the type and ciass of Products covered under this Contract, but differ su�ciently from Praiucts or brands represenled in the existing Product categories, so that a separate pricing structure is appropriate, the Commonwealth and the Cantractor may enter into negotiations to modify the Contract to establish a discount structura, net price, or grand total for the Product(s). Pricing must be competitive in order to add Products to this Contract The Contractor shall provide appropriate documentation to support its position for separate pricing. Negotiations must be completed prior to order placement.Contract amendrnent or modification witl be required i� order to add negotiated items that are sufficiently different from pre-established categories and discount structure. � c. Contractor shall develop new business opportunities and market its services by meeting current and potential clients,discussing their needs and oppoitunities for improvement. 9. VENDORS MANUAL This Contract is subject to the provisions of the Commonwealth of �rginia Vendors Manual and any changes or revisions thereto, which are hereby incorporaEed into this Contract in'fheir entirety. The procedure for filing cantractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally avallable for review at the purohasing office and is accessible on the Internet at www.eva.vir inia.qov under "Vendors Manual" on the vendors tab. 10. APPLICAB�E LAWS AND COURTS This Contract shall be govemed in atl respects by the laws of the Commonwealth of vrginia and any litigation with respect thereto shall be brought in the courts of the Commornvealth. The Commonwealth and the Contractor are encouraged to resolve any issues in controversy arising from the award of the Contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366}. ADR procedures are described in Chapter 9 of the Vendors Manual. The ConUactor shall comply with atl applicable federal,state and local ' laws,rules and regulations. 11. AN7'1-bISCRIM{NATION � The Contractor ce�tifies to the Comrnonwealth that they shall conform to the provisions of the Federal Civil Rights Act of 1964, as amsnded, as well as the Virginra Fair Empbyment Contraciing Ac[ of 19T5, as amended, where applicable, the Virginlans With Disabilifies Act the Americans �th Disabilifias Act and § 2.2-43f 1 of the Virginia Public Procurement Act (VPPA). (f the award is made to a faith-baseci organization, the o�ganizatian shall not discriminate against any�ecipient of goods,services, or disbursements mede pursuant to the Contract on the basis of � the recipient's rel(gion, religious belief, refusal to participate in a religious pract�Ce,or on the basis of race,age,color, gender or national origin a�d shall be subject to the sarne rutes as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accaunts and programs funded with public funds shall be subject to audit by the public body.(Code of Virginia,§2.2-4343.1 E}. in every Contract over$1D,000 the provisions in A and B.below apply: � Gilllg Buses E194-75548 MA2274 (Page 4 of 23) � s � �