Bill Summary – FastDemocracy

June 30, 2023

The Honorable Phil Mendelson

Chairman

Council of the District of Columbia

John A. Wilson Building

1350 Pennsylvania Avenue, NW, Suite 504

Washington, DC 20004

Subject:        Contract No. AGR-210110002058 with Fujitec America, Inc. for Elevator

                and Escalator Maintenance and Repairs

Dear Chairman Mendelson:

Pursuant to D.C. Official Code § 2-352.02(a), enclosed for consideration and approval by

the Council of the District of Columbia is the exercise of Option Year Two of the above

referenced Contract with Fujitec America, Inc. The proposed period of performance is

from October 1, 2023 to September 30, 2024. The dollar value of the proposed Option

Year Two is a firm-fixed price of $1,706,010.04.

The purpose of this contract to provide routine and emergency services to the forty-four

(44) escalators and thirty-two (32) elevators currently installed at the Walter E.

Washington Convention Center and two (2) elevators and an external lift installed at the

Carnegie Library. A full Contract Option Year Summary is provided.

As always, I am available to discuss any questions you may have.

Sincerely,

Angie M. Gates

President and Chief Executive Officer

copy: Andrea Lennon, Director, Contracts and Procurement Services, Events DC

      Nicole B. Jackson, Esq., General Counsel, Events DC

Enclosures

                            CONTRACT SUMMARY

                           FUJITEC AMERICA, INC.

                ELEVATOR ESCALATOR MAINTENANCE AND REPAIR

(A)   The contract number, proposed contractor, contract amount, unit and method of

      compensation, contract term, type of contract and source selection method.

      Contract Number:                       SO-21-0110002058

      Proposed Contractor:                   Fujitec America, Inc. (“Fujitec”)

      Contract Amount:                       Not-to-exceed $1,706,010.04

      Unit/Method of Compensation:           Fixed annual rate for scheduled maintenance services

                                             billed monthly and not-to-exceed amounts for repairs

                                             billed upon completion of services.

      Contract Term:                         October 1, 2023- September 30, 2024 (Exercise of

                                             Option Year Two)

      Contract Type:                         Services Contract

      Source Selection Method:               GSA Task Order

(B)   Identifying number of the underlying contract, including the identifiers assigned to the

      underlying contract by the Council for the base period and any subsequent option

      periods:

      On September 30, 2021, the Council of the District of Columbia approved contract number

      SO-21-011-0002058 (Council Identifier CA24-0261). On November 6, 2022, the Council of

      the District of Columbia approved Option Year One of the contract (Council Identifier CA24-

      0690).

(C)   A certification that Citywide Clean Hands database indicates that the proposed

      contractor is current with its District taxes.

      Fujitec, Inc. is current with its tax obligations. See Tab 3

(D)   A certification that the proposed Contract is within the appropriated budget authority

      for the agency for the fiscal year and is consistent with the financial plan and budget

      adopted in accordance with §§ 47-392.01 and 47-392.02.

      Events DC’s budget is separate from the financial plan and budget adopted by the District of

      Columbia in accordance with D.C. Official Code §§ 47-392.01 and 47-392.02. Pursuant to

      Public Law No. 105-227, Congress has exempted Events DC from the appropriation

      requirement set forth in Section 446 of the Home Rule Act (Public Law No 105-227, 1122

      Stat. 1515 (August 12, 1998). Events DC’s Fiscal Year 2024 budget was adopted by its Board

      of Directors on March 9, 2023. By signature below, Events DC’s Chief Financial Officer

      certifies that funding for Option Year Two of the Contract is consistent with Events DC’s

      approved Fiscal Year 2024 budget.

Submitted on behalf of the Authority by:

President and                              General Counsel

Chief Executive Officer

Angie M. Gate s                            Nicole B. Jackson, Esq.

Chief Financial Officer

Henry W. Mosley, CPA

                                                                     2

                  Government of the District of Columbia

                  Office of the Chief Financial Officer                                                1101 4th Street, SW

                  Office of Tax and Revenue                                                            Washington, DC 20024

Date of Notice:   June 26, 2023                                                Notice Number: L0009722000

FUJITEC AMERICA INC                                                            FEIN: **-***0686

7258 INNOVATION WAY                                                            Case ID: 1556820

MASON OH 45040-8015

                                           CERTIFICATE OF CLEAN HANDS

    As reported in the Clean Hands system, the above referenced individual/entity has no outstanding

CO

    liability with the District of Columbia Office of Tax and Revenue or the Department of Employment

    Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore

    this Certificate of Clean Hands is issued.

               TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES

                                 CHAPTER 28 GENERAL LICENSE

             SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT

                                    D.C. CODE § 47-2862 (2006)

                         PY

                § 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT

     Authorized By Melinda Jenkins

     Branch Chief, Collection and Enforcement Administration

    To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the

    “Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.

                         1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov

MEMORANDUM

TO:              Angie M. Gates

                 President and Chief Executive Officer

FROM:            Nicole B. Jackson, Esq.

                 General Counsel

DATE:            June 30, 2023

SUBJECT:         Certification of Legal Sufficiency for Option Year Two of Contract No.

                 SO-21-0110002058 with Fujitec America, Inc. for Elevator and Escalator

                 Maintenance and Repairs

I.        Description of Proposed Option Year

Events DC proposes to exercise Option Year Two of Contract No. SO-21-0110002058

(“Contract”) with Fujitec America, Inc. to provide elevator and escalator maintenance and

repair and related services at the Walter E. Washington Convention Center and the

Carnegie Library.

II.       Procurement Overview

The Contracting Officer has determined that: (i) the exercise of Option Year Two of the

Contract is in the best interest of Events DC; (ii) the total amount for Option Year Two of

the Contract is not-to-exceed $1,706,010.04 and (iii) the requirements covered by the

Contract fulfill an existing need for Events DC. Based on the foregoing, the Chief

Contracting Officer proposes to exercise Option Year Two of the Contract.

III.      Legal Review

The Office of General Counsel has reviewed the proposed Option Year Two Contract

modification and finds it to be legally sufficient.

The Contract package includes:

1.     Council Transmittal Letter

2.     Contract Option Year Summary

3.     Tax Compliance Certifications

4.     Certification of Funding Availability

5.     Certification of Legal Sufficiency

6.     Events DC Board of Directors Resolution

7.     Modification to Exercise Option Year Two (vendor signed only)

The exercise of Option Year Two of this Contract requires District of Columbia Council

approval.

MEMORANDUM

TO:            Jennifer Budoff

               Budget Director

               Council of the District of Columbia

FROM:          Henry W. Mosley, CPA

               Chief Financial Officer

DATE:          June 30, 2023

SUBJECT:       Funding Certification for Option Year Two of Contract No. SO-21-

               0110002058 with Fujitec America, Inc. for Escalator and Elevator

               Maintenance Repair Services

The purpose of this memorandum is to provide funding certification for Option Year Two

of Events DC’s contract with Fujitec America, Inc. (Contract No. SO-21-0110002058) for

escalator and elevator maintenance repair services at the Walter E. Washington Convention

Center and Carnegie Library.

On behalf of Events DC, it is my certification that the not-to-exceed Contract amount of

$1,706,010.04 for Option Year Two is included in Events DC’s approved fiscal year 2024

budget.

Please feel free to contact me if you have any questions.

copy: Angie M. Gates, President and Chief Executive Officer, Events DC

      Nicole B. Jackson, Esq., General Counsel, Events DC

             THE WASHINGTON CONVENTION AND SPORTS AUTHORITY

                   RESOLUTION OF THE BOARD OF DIRECTORS

                                  No. 23-06

APPROVAL TO FUND OPTION YEAR TWO OF CONTRACT NO. SO-21-011-0002058

                     WITH FUJITEC AMERICA, INC.

        WHEREAS, on June 10, 2021, the Board of Directors of the Washington Convention and

Sports Authority (“Authority”) approved the award of Contract No. SO-21-011-0002058 (the

“Contract”) to Fujitec America, Inc. (“Fujitec”) to provide routine and preventative

maintenance and emergency repair services to the escalators and elevators in the Walter E.

Washington Convention Center (“Convention Center”) and the Carnegie Library for a base

term, with four (4), one-year options, at the not-to-exceed (NTE) price of $1,444,418.20 in the

base term; and

      WHEREAS, in July 2022, the Authority exercised Option Year One of the Contract at the

NTE amount of $1,547,389.72; and

        WHEREAS, in Option Year Two, Fujitec will continue to provide the same routine and

preventative maintenance and emergency repair services to the escalators and elevators at the

Convention Center and Carnegie Library as in Option Year One, and continue to work on an

ongoing project to replace the elevators at the Convention Center, at the NTE amount of

$1,706,010.04; and

        WHEREAS, the President and Chief Executive Officer and the Operations Committee

of the Board of Directors have recommended approval of the exercise of, and expenditure of

funds for, Option Year Two of the Contract; and

       WHEREAS, funding for the Contract is consistent with the Authority’s approved fiscal

year 2024 budget.

        NOW, THEREFORE, BE IT RESOLVED THAT, the Board of Directors accepts the

recommendation of the President and Chief Executive Officer and the Operations Committee

and approves the exercise of, and expenditure of funds for, Option Year Two of the Contract

with Fujitec America, Inc. in the not-to-exceed amount of $1,706,010.04, subject to the approval

of the Council of the District of Columbia (“Council”) in accordance with D.C. Code § 1-204.51.

        AND BE IT FURTHER RESOLVED THAT, the President and Chief Executive Officer

shall submit the agreement for the exercise of Option Year Two of the Contract to the Council

for approval as required herein.

                                              1 of 2

      This Resolution No. 23-06 may be executed in counterparts.

 ___________________________________           __________________________________

 Max J. Brown, Chairman                        John Boardman, Vice Chairman

 ____________________________________          ____________________________________

 Denise Rolark Barnes, Secretary               Cherrie Doggett, Treasurer

 __________________________________            ___________________________________

 Keith Anderson, Member                        Alan Bubes, Member

 __________________________________            ___________________________________

 Jay Haddock Ortiz, Member                     Solomon Keene, Member

 ___________________________________           ___________________________________

 Brian Kenner, Member                          Glen Lee, Member

 ___________________________________

 George T. Simpson, Member

In favor ____11_____

Against _____0____

Resolution No. 23-06

Dated: May 11, 2023

                                            2 of 2

                                       MODIFICATION #3

                                   Contract #SO-21-011-0002058

                         “Escalator and Elevator Maintenance and Repair”

Modification No. 3 - The purpose of this Modification is to exercise Option Year Two of the Contract

for Escalator and Elevator Maintenance and Repair (the “Contract”) entered into by the Washington

Convention and Sports Authority t/a Events DC and Fujitec America, Inc. (the “Contractor”). More

specifically, the Contract is modified as follows:

   1. Option Year Two of the Contract shall be for the period of October 1, 2023 - September 30,

      2024, at the not-to exceed (NTE) amount of $1,706,010.04.

          ALL OTHER TERMS AND CONDITIONS SHALL REMAIN UNCHANGED

IN WITNESS WHEREOF, the undersigned parties have caused this Modification to be signed by their

duly authorized agents.

 Fujitec America, Inc.                           Washington Convention and Sports

 4501 Forbes Boulevard                           Authority t/a Events DC

 Suite G                                         801 Mount Vernon Place, NW

 Lanham, MD 20706                                Washington, DC 20001

 Signature: ____________________________         Signature: _____________________________

         Timothy P Smith

 Print: ________________________________         Print: ___Angie M. Gates_________________

        Branch Manager

 Title: ________________________________         Title: _President and Chief Executive Officer_

       6.29.2023

 Date: _________________________________         Date: _________________________________

Modification #3                                                            Page 1 of 1