Exhibit 2 118
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Awarding Agency/PCA further reserves the right to terminate the Contract immediately in the event Vendor fails to:
(1) Meet schedules,deadlines,and/or delivery dates within the time specified in the RFP,this Contract, and/or a Purchase/Job Order;
(2) Make any payments owed; or
(3) Otherwise perform in accordance with this Contract and/or the RFP.
PCA reserves the right to terminate the Contract immediately,with written notice to Vendor, if PCA believes, in its sole discretion that it is in the best interest of Awarding Agency or PCA Members to do so.
Vendor agrees that Awarding Agency/PCA shall not be liable for damages in the event that Awarding Agency/PCA declares Vendor to be in default or breach of this Contract and/or the solicitation. In the event of a breach or default of the Contract and/or the solicitation by Vendor,Awarding Agency reserves the right to enforce the performance of the Contract in any manner prescribed by law or deemed to be in the best interest of Awarding Agency PCA Members.
New Texas Government Code for Work Done in Texas (as needed by Vendor and Member) For contracts entered into on or after January 1, 2016, Texas Government Code Chapter§2252.908(H.B. 1295) provides that a Texas governmental entity or state agency may not enter into a contract that either (1)requires an action or vote by the governing body of the entity or agency or(2)has a value of at least$1 million, unless the business entity submits a disclosure of interested parties to the governmental entity or state agency.
The Texas Ethics Commission (Commission) has adopted a certificate of interested parties form (Form 1295)and adopted rules requiring the business entity to file Form 1295 electronically with the Commission.
Information from the Commission regarding the requirements, including rules and filing information, are available on the Commission's website at the following links:
hft s:// .ethics.sta ee.tx.us/tec/129 -Inf ..htm
htt s:// ethicsostateotx,us/whatsnew/FAQ Form129 .html httC�s:// w,ethi stateotxous/whatsnew/elf info form129 .htm Awarding Agency/PCA is not a business entity under this law(1 Tex.Admin. Code 46.3(b)). However, PCA Vendors may be business entities and may, for certain purchases and contracts with PCA Members, be required to file disclosures under Texas Government Code Chapter 2252. It is Vendor's responsibility to determine the applicability of, and comply with, all disclosure laws including Chapter 2252. Disclosure will not be handled by Awarding Agency administration on behalf of PCA Member.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 119
�
RFP # 337-21
Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
PROPOSAL
Manufacturer Scope/Specifications -- Manufacturer Discount Proposal Offered to the Purchasing Cooperative of America and its Members Proforce Law Enforcement is a major distributor of law enforcement firearms and equipment, managing retail and trade of premier products throughout the United States. Our company sells exclusively to law enforcement agencies, individual officers, active and retired military professionals, security personnel, medical first responders and fire professionals. Immediately below is a summary of key corporate information.
Legal Name: Proforce Marketing, Inc. DBA Proforce Law Enforcement Status: Arizona Corporation(Since 2001)
Business Address: 2625 Stearman Rd., Ste. A, Prescott, Arizona 86301 Email Address: [email protected]
Website: www.proforceonline.com
Telephone: 928-776-7192
Facsimile: 928-445-3468
Effective January 1, 2021, Proforce is an authorized dealer for supplies manufactured by all companies listed below, in the territories identified. The discounts offered are % discounts off Manufacturer Suggested Retail Price (MSRP) effective at the time any quote is requested from an agency. Upon request,particularly where a manufacturer does not publish an MSRP price list, Proforce will obtain proof from a manufacturer that a quote is in compliance with the discount offered. The MSRP pricing is subject to change,per the Manufacturer, without notice.
The discounts listed are only minimum discounts, and Proforce may offer pricing at a substantially greater discount, depending on the product, if available. Proforce is committed to offering competitive contract pricing to all PCA Members throughout the life of its contract.
All items offered fall under NIGP Codes 257 and 680, and are value added to the contract.
Shipping costs are included. Taxes are excluded. All manufacturer warranties included and available upon request.
For quotes, all PCA Members can send quote requests to: salesJ&� roforceonline.co See accompany pages for manufacturers, authorized territories and pricing.
Prescott, rizona Brea,California
Corporate ice&SupportCenter Law Enforcernent/Fire&Militaryre 2625 Stearman Road,Suite A. ® Prescott,AZ 86301 655 Berry Street,Suite HBrea,CA 92821 Phone(92 )776-719 ® Fax(92 )4 5-3 6 Phone(714)257-9 95 ® Fax(714)257-9 76 Exhibit 2 120
?CzAPwo"&-Wf emAeuzarxe 4
June 6, 3O23
ProforueK8arketn0 Inc. dbeProforce Law Enforcement
ArnandaCronkhite Contract Specialist
Z62S6tearnmanRd Ste A,
Prescott,AZ 86301
Subject: Purchasing Cooperative of America Contract Amendment#13 PCA OD-337-21 Fire,Safety,Security,Surveillance, Equipment,Service & Related Items Dear Ms. Cronkhito:
We accept your request to change the minimum percent off MSRP for Defense Technology(Def Tech) from 10%to 1-30%off MSRP and allow the charge of shipping on orders lower than $2,700.This is within the scope of the original RFP.
This request is effective upon the date of this letter.
Please contact usat the following numbers ifvva can beofservice:
Elaine Nichols, Director, Cell (713)851-147l
Dean Z 'iceh,AsuistantDirector, Ce|| (0I2)505-G373
Sincerely, v
Dean Za iceh,Assistant Director
Purchasing Cooperative ofAmerica
Attachments:
Proforce letter requesting addendum
Prol'orce discount price list with the territories they are allowed to sell in Toll Free 844'722-6374 xvxvvv.pcenn*rioa.mr8 Exhibit 121
R(=oAr--471, IF E
LA VY ENFORCEMENT
March 25th, 2023
Purchasing Cooperative of America(PCA)
(records)
2,Lai!j�_C( ica.oEgg; pi�.Litli i� dp �Lficj c� Lrg,_qLa C canj_ �_ _ _ Re: Amendment#13 Request,PCA OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
To Whom It May Concern,
Proforce Marketing, Inc. dba Proforce Law Enforcement(Proforce)was awarded the subject PCA contract to supply Government Agencies and other eligible PCA members with law enforcement firearms and equipment, effective February 1,2021.
Proforce proposes to change our minimum percent off MSRP for Defense Technology (Def Tech) from 10%to 1-30%off MSRP. The MSRP for the less than lethal launchers Defense Technology manufactures if very close to the cost of the item. In addition to the 1% fee we are paying PCA,this would create a significant loss in profit.
In addition to the above changes we would like to request the ability to charge shipping on orders lower than$2,700.Defense Technology offers free shipping over that dollar amount.
The continued rise in shipping charges is also causing the same problems as stated above.
Respectfully,
Amanda Cronkhite
Contract Specialist
��roforceonfine.com
928-776-7192
Prescott,Arizona Brea,California
Corporate Office&Support Center Law Enforcement/Fire&Military Store 2625 Stow man Road,Suite A. - Prescott,AZ 86301 655 Ber ry Street,Suite I i - Brea,,CA 92821 Phone(928)776-7192 - Fax(928)445-3468 Phone(714n)257-9095 Fax(71A)257-9076 Exhibit 2 122
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
TAB 4 - SIGNATURE FORMS AND CHECKLIST
This checklist is provided for your convenience. Complete and submit all of the attached forms:
Form# Form Title
® A. Contract First Page for entering Company Legal Name ® B. Contract Acceptance and Signatures Form
Irexas III,,,,,aw IRequliirermneint: Submitting a signed Contract Acceptance and Signatures Form is required. If this Form is NOT SIGNED,the response will be DISQUALIFIED.
B coint"d Excellptliioinw: This form MUST be filled out if there are ANY EXCEPTIONS to the contract to be considered by Awarding Agency/PCA.
Follow the instructions on the form, enter the legal company name, date, and obtain an authorized signature.
If there are no exceptions,this form does not need to be signed. ® C. Conflict of Interest Questionnaire
® D. Antitrust Certification Statement
�] E. W-9 Request for Taxpayer Identification Number and Certification ] F. Vendor Certification Forms
❑ G1. SB 9 Contractor Certification: Contractor Employees ❑ G2. SB 9 Contractor Certification: Subcontractor ® H. Contractor Certification-Arizona Requirement ❑ I. Bond Letter, If Required
XI J. Certification Regarding Debarment, Suspension and Other Responsibility Matters ® K. Addendum(s), If Issued
® L. Vendor Questionnaire and Company Profile
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 123
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
FORM A TAB 3 - CONTRACT TERMS AND CONDITIONS
CONTRACT BETWEEN
CITY OF O'DONNELL, TEXAS C PCA AWARDING AGENCY")
AND
Proforce Marketing, Inc. dba Proforce Law Enforcement
(VENDOR's full name including aka or dba if applicable) FOR
Fire, Safety, Security, Surveillance, Equipment,
Service and Related Items
This Contract is entered into between the PCA Awarding Agency and Vendor, having submitted a response to RFP # OD-327-21 issued by Purchasing Cooperative of America ("PCA") ("Cooperative") and whose response has been accepted and awarded by the PCA Awarding Agency.Any exceptions to the Terms and Condition must be noted on the Compliance and Exceptions Form or on pages attached to the Form.
Responses that are qualified with conditional clauses, items not called for, or other irregularities may be considered non-responsive by the Awarding Agency/PCA and eliminated from further consideration.
In consideration of the mutual covenants and conditions contained in this Contract and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Awarding Agency and Vendor, intending to be legally bound and subject to the terms, conditions, and provisions of this Contract, agree as follows:
Entire Agreement
The term"Contract,"as used in this document, means the comprehensive collection of:
• Contract Terms and Conditions, the solicitation and all attachments and addendums thereto; • Specifications included in the solicitation;
• Completed and signed forms;
• Respondent's entire response to the solicitation;
• Respondent's Notice of Award document;
• Any negotiated items in writing that become amendments and/or addendums to the contract; and • Additional terms, conditions, or instructions contained in each individual Purchase Order issued by any Member(s)of the Cooperative.
Collectively, these documents represent the entire agreement between the contracting parties.
The Contract, the solicitation, Vendor's response to the solicitation, the attached and incorporated attachments, addendum, and/or exhibits, if any, and the Supplemental Contract, if any, contain the entire agreement of the parties relative to the purpose(s)of the Contract and supersede any other representations, agreements, arrangements, negotiations, or understandings, oral or written, between the parties to this Contract. In the event of a conflict between this Contract and the solicitation or Vendor's response to the solicitation, this Contract shall control. This Contract supersedes any conflicting terms and conditions on any Purchase Order, invoices, checks, order acknowledgements, forms, purchase orders, or similar commercial documents relating hereto and which may be issued by Vendor after the Effective Date of this Contract.
In addition to this Contract, a Supplemental Contract(agreement)between Vendor and the PCA Member
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 124
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Form B — Contract Acceptance and Signatures
Must be sliigursed at Sulbimissliiour% of IProllposalll Acceptance and Exceptions
The undersigned Vendor acknowledges that he/she has examined this solicitation,the accompanying forms and contract terms and conditions, and scope and specifications associated with this solicitation.
The undersigned Vendor hereby agrees to furnish products and/or services in strict compliance with the terms, specifications, and conditions of the solicitation, the Contract, and the Vendor's response.
The undersigned certifies that he or she is an officer of the company and has authority to negotiate and contract for the company named below and meets/agrees with all of the terms and conditions of this Contract and the solicitation.
® No Exceptions. In the absence of any exception entry on this form, the Vendor assures Awarding Agency of their full compliance with the solicitation, the accompanying forms and contract terms and conditions, scope and specifications associated with this solicitation. ❑ Exceptions as Listed on Attached Page(s). ANY AND ALL EXCEPTIONS TO THE CONTRACT
TERMS AND CONDITIONS OF THIS CONTRACT MUST BE NOTED ON THE COMPLIANCE AND EXCEPTIONS FORM AND REFERENCE THE SPECIFIC TERM/CONDITION. NO OTHER EXCEPTIONS TO THE CONTRACT TERMS AND CONDITIONS WILL BE CLAIMED.
Awarding Agency will consider any exceptions during contract award evaluation and reserves the right to accept or reject any and all responses based on any exception indicated.
Company Name. Proforce Marketing, Mc. dba Proforce i.....aw Enforcement Address. 2625 Stearman Rd., Ste.. A
...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Cft /State/ i Code: Prescott, AZ 86301
yp ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Phone.
526-7�'6 '71S2 Emaii: saves@proforceonuune,.com
1/21/221
.................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ......................................................................................................................................................
Authorized Company Signature Date
Printed Name "'title': IK.ar.en M. ISer uen gm!Eact.S eciaftt Acceptance by Awarding Agency
Term of Contract to
Unless otherwise stated, this Contract is for a period of one (1) year with an option to renew annually for an additional four(4)years if agreed upon by Awarding Agency and Vendor.Unless informed otherwise,the renewal shall be automatic on anniversary date.Vendor shall honor all administrative fees for any sales resulting from this Contract whether Vendor is awarded a renewal or not.
Awarding Agency Authorized Signature Date
Printed Name:
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 125
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Form B continued — Compliance and Exceptions Form
(full)))) out oinlly If tlheire acre excel) tlloins
In the absence of any exception entry on this form, the Vendor assures Awarding Agency of their full compliance with the solicitation, the accompanying forms and contract terms and conditions, scope and specifications associated with this solicitation.
Awarding Agency/PCA will consider any exceptions indicated below in its contract award decisions.
Awarding Agency/PCA reserves the right to accept or reject any and all responses based on any exception indicated on this form.
❑ List all exceptions your company is submitting (Use additional pages, as necessary).
Signature(s) below are only required if the box is checked and there are exceptions listed above.
The undersigned Vendor hereby agrees to furnish products and/or services in strict compliance with the terms, specifications, and conditions of the solicitation, the Contract, and the Vendor's response.
CompanyName (Puease Pdnt)...................................................................................................................................................................................................................................................................................................................................................................................
AuthorizedSignature:................................................................................................................................................................................................................................................................................................................................................................................................................................................
Date
.............................................................................................................................................................................................................................................................................................. ❑ Exception(s)Accepted
❑ Exception(s) Rejected — New Form B must be re-submitted; if not submitted, award will not be recommended.
❑ Exception(s) Partially Accepted — New Form B must be re-submitted with rejected items removed; if not submitted, award will not be recommended.
PCA/Awarding Agency Authorised &gnature...................................................................................................................................................................................................................................................................................................................................................................................
Date,
..............................................................................................................................................................................................................................................................................................
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 126
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
FORM C - CONFLICT OF INTEREST QUESTIONNAIRE
To comply with TEX. LOCAL GOV'T. CODE, Chapter 176, Disclosure of Certain Relationships with Local Government Officers, any company that does business with Awarding Agency must fill out a Conflict of Interest Questionnaire(CIQ)whether or not a conflict of interest exists.
A conflict of interest exists in the following situations:
(1) The person has employment or other business relationship with a Member of the Awarding Agency approving Board, Council, or other approving Authority, or with a local government officer listed below or a family Member resulting in the officer or family Member receiving taxable income, and/or
(2) Your company has given one of the Awarding Agency's local government officers or family Member(s) one or more gifts (excluding food, lodging, transportation, and entertainment)that has an aggregate value of more than $250.00 in the twelve (12)-month period preceding the date the officer becomes aware of an executed contract or consideration of the person for a contract to do business with PCA.
IF NO COII IFIII,,,,,IIIC"'I'OF IIN IrEIIRIES"'lIr IIE IIIS"'I'S YOU IIM US"'lIr IFIIIIII,,,,,III,,,,, IMIU"'lIr BOX 1 AND"'I'YIIpIE MI CA ON BOX 3 OF ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,............................
IC III°IIE CIII IIU IM SIIIGIII ANDIDA"'IIrE II r.
Going forward, a Conflict of Interest Questionnaire must be filed within seven (7) business days after the company becomes aware that a conflict of interest exists.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 127
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For verldor doing bus]i w Ith tocall governmental entity This quesAomnallire reflecls:cli maide to 1he law by H.B. 21, 1 Ill 11i Session. 0i USE ONLY I hi;qLastioninaire Is i lilled ori,acmrdarze wfth Chaptar 17R,Lma?,Gcvsrr47,A.-,rA Cc&,by aysn&ir Whc Dale q0:a1rW?A Ihas a biusf'rosss relatiorship 1-;da-lip ed lay Sairtkin 176 0P,1 fl ar)with a Ilocai gqd ernmeffla einrvuv and the ver67r meeis rei,:Vdlireirrmemn under Sectkin)17,"0DSY,,4 Ilaw 11his giueaticmnalire i 9t be Red wltl the raiDo rds adm, tt7uilira trzir of 11he kx at gave rinmenirmli enl ilry not Ilalier thi"n the 7ti bushems day aNer 11he date 11hevandor beloomps crwaim of lactm llhat require 11he FtaiDmenl fr.,IDe- flied. See SerlJon, 176 0',Ay,a-I"r,Id.ccaf Gaveimment Gridip ,A vendor comirrAs ani crfis r ae d erne verTjdair i vidaies Secfion 176.006,L.oi.,A Governmenr, An oflen;@ ouunder 11ins;eclion us a i.eana.
Naaw of vp,ndl,Dr WIND hias a blusiness rellationisli wilh locall goveirmirneirl eii Proforce Marketing, Inc. dba Proforce Law Enforcement
ElCheck ill lbox if you am fill ain updatil to previously filedl questionnaire.(The law ri gram you file an updated o9ni cipestionnalra w ith the 4propriate 1:111ing ajjtlnanty nof Lai mIrar the 711hi business day al'i this date an whrichi you lopsarrie aware that the orgirially filad questbrinalre was incomFrllele ol iraccurats.) Narne ofilocall govarnirne nit officeir ab' uT Whom The Information is,beiing disc-lased, N/A
Name ref,Ufiaar
4J Desicrill eadh employni or aft,r business irelaliionship will the Ihacall government officar,air a famillly imeimi of i1he off,,icair,gas descrilbe,dlbyS,mtilon(1716,.00:3faX2)(A), 41 so des rill any farl rail ationshil p w,ilth the locall govarnime,nit offjmca,r, ComipllewslulbpartsA and g;foireacihom cymanjoi bus;iinessrellailionslhiiilp,do,sc6be4dl.Alta,c,h(addilliionalpagies thin IFoirmi CIIQ as necessary.
A. Its the IlGr!all goverrm@nit afficar or a family ri of the offlaar irecarvirl or 111kally to roozil taxable lii othar 1h,an irvestri 1nceirre,from this. vi
F-1 Yes = No
B. Is thi rerAil or Ilikely to rro:ervia i itncainrre ether than u.nraesmment iincomin,balm or at the diiecl of the Racal governmerf offirAir air a famiily ri of the ril A KID the taxable iroarne is net receivedl fro mi the ocaf governmentall entity?
= Yes 0 Ilia
Des&ilbe each e mi mern or(business relationship that the vender named fin Secti,unl imajintailnswilthac.,orpDrallion or other businessaintiTywith respect jo,which The locall governmern officarseirves asain officer or direcloir,or hollds an ow ne,rshipi iinterest of one per iceinit or ni
Chock thlis bex i1 tIh@ verjdo,,r hi as gram the Iljioaall giiavanimen't al'i or a lfani men bei of the inflicei 9119 01 11701re gli as dibscilibRd ini ScUllor 176.1003(.I)(2)y,l egrlUdIlIg gift described !in Section 176.003(a 1 i. 71 1/21/2021
SngnFiure cal rend doing,Dusiressr with the qweirinmenita?f erMy Date Farm pirow ded by I ewas Ethos iDamrrrssstron WWW.ethirs.sisle tX.I.JS Fie.Oqed It"M1201S
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 128
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
CONFLICT OF INTEREST OUESTIONNAIRE
For vender doing bu siness with Illl governmental eirl
A conniplele copy of Chapter 1716 of the Local Governirnent Codle nnay be found at h1tp:)/ www.statutes.legis.state.tx.us/ Docs/LG�htryi/LCL1"/`6..Ihl.rn.For easy reference,bellow are sortie of the sections cited oin this form..
LocallGovennimenlCodip 76-00AI �h lip"nneans a connection bi two or irnore parties 1:1):"Bus relations
used on c o i'r'Y ii rn e r c I a I activity of one of the parties. The terms does riot indlude a connection based on:
(A) a transaction that Is subject to rate or fee regulation by a fedeirall,staw,,or local governmental entity or an agency of a federal,state,or liocall qovernirrreintall entity;; (B) a transaction coincl at a price and subject to terms avallablie to the public;or (C) a pl or lease of goods or services f rorn a person that is chartered by a state or federal agency and that Is subject to regular examination by.,and reporting to,that agency. iLoca I Govemiment Cod o 176,003(aX2)(A)and(B):
(a) A local goveirinnnent officer shall file,a conflicts discliosure staternont with respect to a vendor if:
(2) the vendor;
(A) has,an ennipliloymeni or other busiriess relationship with the Vocal govern meini off Icer air a fannilly imernber of the officer that results in the officer or farnfily rnernbeir receiving taxable lincoirne,, other than investment incorne, that exceeds $2,M0 during the 12-risonth period preceding the diate that the officer becomes aware that (i) a contract between the local governimointall entity aind vendor has been executel or
(d) the locall goverinnnental einfity is considering enterini,0 into a contract with the vendor;
(B) has,given to the local government off or a fannilly mernber of,the officer one or nnoire gifts that have an aggregate vallue,of,rysore than$1100 in the 12-monith period preceding thedlaw the officer becoinnes aware that:
a contract between the local gavernimentall entity and veindloir has,been executed:;or (ii) the local goverinnnental entity is considering entering into a contract with the vendor.
Locall Government Codo§176.006(a)andl(a-l'j
(a) A vendor shalli file a corn pleled conflict of interest questionnaire if the vendor has a business relations hip with a locall goveirinnniental einfil y and:
(1) has an erripliloyiment or other business rellationsihilip with a)loical government officer of that locall governiment'all entity.,oir afaimilly nnerysbeirof the off Iceir,described by Section 176-003(a)(2)(A); (2) has given a locall govern imeint officer of that liocall governme ritall entity.,or a I ainnilly rneim ber of the officer,one or imore gilts wi,th the aggregate vallue,specified by Section 1716.003(a)(2)(B),excluding any gift described by Section 1716.1003(a-1 or
(3), has,a family relationship with a local government officer of that locall goverinrysental entity. (a-l)The cornpleted conflict of iriterew,questionnaire,imust be filled with the appropriate records administrator riot later than the seventh business day alter the later ol-- (1) the dale that Me vendor:
(A) begins discussions or negotiations to enter into a contract with the local governirnentall entity; or
(B) subrnits to the local qoveirinimen tall entity an application,response to a request for proposals or bids,,correspondence, or another writing irellated to a potentiall contract with the locall governmental entity;or
(2) the d1ate the vendor bi aware--
(A), of an eirnployrneint or other business relationship with a locall government officer, or a farnilly mennber ol the off iceir,described by Subsection(a) (B) that the vendor has given one or moire gifts described by Subsectijon(a);or (C) of a farniily relationship with a local government officer..
L-------------- ---------------
Form p!rovided by Tewas Phu Commission wwwellhics.wate.ty-us Re-Arad M30120WS
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 129
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Form D —Antitrust Certification Statement
TEX. GOV'T. CODE §2155.005
1 affirm under penalty of perjury of the laws of the State of Texas that:
• 1 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; • In connection with this proposal, neither I nor any representative of the Company has violated any provision of the TEX. BUSINESS&COMMERCE CODE, Chapter 15, Texas Free Ente►prise and Antit►ustAct,
• In connection with this proposal, neither I nor any representative of the Company have violated any federal antitrust law;and
• Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this proposal 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.
I further affirm under penalty of perjury of the laws of the State of Texas that:
• The proposal submitted by the Company is genuine and is not collusive or sham;
• The Company has not colluded, conspired, connived or agreed, directly or indirectly, with an entity or person, to put in a sham proposal or to refrain from responding, and has not in any manner, directly or indirectly, sought by Contract or collusion, or communication or conference, with any person, to fix the bid price or of any other Vendor, or to fix any overhead, profit or cost element of said bid price, or of that of any other Vendor, or to secure any advantage against Awarding Agency or any person interested in the proposed contract; and
• All statements in Vendor's proposal are true.
Vendor: Proforce Marketing, Inc. Company Official Authorizing Response:
2625 Stearman Rd., Ste.A
Address:
Prescott, AZ 86301 Sugnature
Karen M. 18erggren
.....................................................................................................................................................................................................................................................................................................
Printed Name
928-776-7192
Phone: Contract.... .ifsecialust............................................................................................................................................................................ rife
Fax: 928-445-3468
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 130
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Form E
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Proforce Marketing, Inc.
2 9RIPty raffe,H WrIPIeN 1TMn st)QUE
Proforce Law Enforcement
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0 7�.110 T11payer 111dentffication Numbeir(TIN)
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Undo penalties of perjury,11 certity that:
1.The number shown on this form is my correct taxpayer Identification number fcc 11 ace waiting for a number to Lye issued to mI and
2.11 am ripol subject to backulpwithlrolding because:Id)I am axeimpt from backup withholding,or�IU)I have not been impoldied by the Internal I ,ervirp IlRSVS that I am subject to backup withholding as a result of a failure to reporl a111 interest or dvideinds,or,tr the IRS Ihas notified me that I am no II subject to backup%�fhhaldrng-1 and
3.11 am a U.S.citizen orrothef J.S person Idefinecl below),and A.The FATCA rodeas)entered on this form Of:snyj,indicating that I am exempt from FAT CA ireponfing is correct.
Ceillffication instructions,You must crow out itEm 2 above if you have been nI by the IRS that you are currently subIect to backup wiltholding because you have failed to reporl all iirleres1:and di on your tax retum.F or real estate trarsactma,12 does hot apply.For Inlorigage iMererA I acquisfran or abandonment of aeoLved 1prop+31y,carceRI of debt,contribAms to an indrvidual retirament arrangemenIt st JRA 11, AgI en payments okhw than interest and dividandr,you we no required to sign the certiI but you must provide your correct 1114 See,the in.rtions fcf Part 111,IaI Sign BlIgnalureof 1/1/2021
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General Instruct.ions -Form 1 GOO DIV 4dividends.inoll ucHng those from stocks or mutual luindI
Sac ton references we to the linlremal Revenue Code unless dthervise -Form 1009 MSC fvarour types or Income,(prizes,swaFds,or gross noted proceeds)
Future developments For the latest rnfonmatJon,about developments -Form 1 GOO B(stock or mutual fund sales end certain other related to Form W 159 and Iris instructions.such as bgiaatoin enacted transactions by b7olkerI alter r they ware published,go to ww&im.goi(iFLVMA'19. -Form 1009-S(proceeds from real aerate trIansacII Purpose of Fo,ri,n -Form 1609 X(rnandrant sand and II partr,neItviorh transaction* An individual or enfity tFonrn W 9 11 who is nxjuired to fike an -Form 1008 11 mortgage inlI 10%-E(siudent(loan inlreresrj, Information return with the IRS must obtainywr ocrI taxpwVer 1008 T(tuition) ictentifirafion number I,MN)which may be your social security number -Form 1009 C LcanoalI 6 M), ndi,Qdlual II idenfificatiorf rTUh1b8FffTK�,edopiLion tsxpaye�,dentHication number(ATIIK),QFeh1PkY;ET`dRinifCAUen number Fcwm 1099 A�BGqUiI or abandonment ol secured propevly'� l-1 kh,to report on an information natum the amournt paid to you,or other Use Form 1y+p^-9 only I youv avre a U.S.person Iynoluding a reatclerylt amount repoi1able on an information return.1-Namples of inforrnafiorn diom,to provde youlr correct TI 14. returns include lost are,im at limited to the following. ff you do not return Form W 9,to the reques4armth a R?4,yau mfght Form 101 9 IINT finterest earned or paid) be suocf to backup vvuMhciaffng.See What is backulp withho4cling, MTer.
cat.No.ID2311< FUTT W-9(PPW.10-201,ee
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 131
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Form F —Vendor Certifications Form
Vendor,by completing the signature section at the end of Form F,acknowledges that they have read and understand these provisions, laws,acts,regulations,etc.,and certify compliance thereto.
STATE OF TEXAS CERTIFICATIONS
TEXAS FAMILY CODE
Section 14.52 of the TEX. FAMILY CODE, added by S.B. 84, Acts, 73rd Legislature, R.S. (1993). No sole proprietor, partner, majority shareholder of a corporation,or an Owner of 10%or more of a business entity that is 30 days or more delinquent in paying child support under a court order or a written repayment contract is eligible to respond or receive a state contract.
TEXAS FELONY CONVICTION NOTICE
TEX.EDUC.CODE§44.034,Notification of Criminal History of Contractors,provides:(a.)A person or business entity that enters into a contract with a Texas school district must give advance notice to the district if the person or an Owner or operator of the business entity has been convicted of a felony.The notice must include a general description of the conduct resulting in the conviction of a felony.(b.)A Texas school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a.)or misrepresented the conduct resulting in the conviction.The district must compensate the person or business entity for services performed before the termination of the contract.(c.)This section does not apply to a publicly held corporation.
STATE OF TEXAS FRANCHISE TAX
Vendor certifies, by submitting a response to the solicitation, that Vendor is not currently delinquent in Vendor's payment of any franchise taxes or other taxes owed to the State of Texas.
OSHA
Occupational Safety and Health Administration(OSHA).Vendor,its subcontractor(s),and their respective employees shall comply fully with all applicable federal, state, and local safety and health laws, ordinances, rules, and regulations in the performance of services under this contract. In case of conflict, the most stringent safety requirements shall govern. Vendor shall comply with all safety guidelines and standards as required by PCA Members.Vendor shall indemnity and hold Awarding Agency/PCA,PCA agents, and/or PCA Member(s) harmless from and against all claims, demands, suits, actions,judgments, fines, penalties, and liability of every kind arising from the breach of Vendor's obligations under this provision.
PREVAILING WAGE RATES
Vendor and all subcontractors of Vendor shall comply with all laws regarding prevailing wage rates,including,but not limited to,TEX.
GOV'T. CODE§2258, applicable to the construction of a public work, and any related federal requirements, including the Davis- Bacon Act,(40 U.S.C.Section 276a at seq.),and its subsequent amendments. In the event TEX.GOV'T.CODE 2258 applies to a product or service provided by Vendor to a Member,Vendor and any subcontractor(s)shall comply with the prevailing wage rates set by the Member. Certified payroll shall apply and must comply with FEMA requirements for equipment rentals and expendables.A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract,per TEX.GOV'T.CODE§2258.023.Also,McNamara-O'Hara Service Contract Act(41 U.S.C.351).
PROHIBITION ON DOING BUSINESS WITH INDIVIDUALS,ENTITIES OR COUNTRIES SANCTIONED BY TEXAS Texas Government Code (Subchapter F), Chapter 2252 prohibits Texas governments from contracting with companies that do business with Iran,Sudan or foreign terrorist organizations;other states may have similar laws.
Texas Government Code(Subchapter F), Chapter 2270, requires companies contracting with state entities to affirm they do not boycott Israel,and forbids Texas agencies from conducting business with companies that do;other states may have similar laws.
By signing this agreement,the Vendor certifies that it(1)does not boycott Israel;and(2)will not boycott Israel during the term of this contract,and(3)will not engage in business with countries or foreign terrorist organizations sanctioned by the state of Texas.
FEDERAL CERTIFICATIONS
ANTI-LOBBYING APPLICABLE TO CONTRACTS,GRANTS,OR AWARDS EXCEEDING$100,000 IN FEDERAL FUNDS Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Vendors that apply or bid for an award exceeding$100,000 in federal funds must file the required documentation certifying 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 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. Vendors must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 132
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
The undersigned further certifies that: (1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of congress,or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal,amendment,or modification of a Federal contract,grant, loan,or cooperative agreement.(2)lf any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of congress,or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying",(federal form)in accordance with its instructions.
DOMESTIC PREFERENCE FOR PROCUREMENT-BUY AMERICA PROVISIONS 2 CFR§200.322 encourages Federal award recipients, if appropriate and to the extent permitted by law,to utilize goods, products, and materials produced in the United States(uses the term"should"vs."must'.)The non-Federal entity should,to the greatest extent practicable under a Federal award,provide a preference for the purchase,acquisition,or use of goods,products,or materials produced in the United States(including but not limited to iron,aluminum,steel,cement,and other manufactured products).The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. "Produced in the United States" means,for iron and steel products,that all manufacturing processes,from the initial melting stage through the application of coatings,occurred in the United States."Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum,plastics and polymer-based products such as polyvinyl chloride pipe,aggregates such as concrete,class,including optical fiber,and lumber.
NON-COLLUSION STATEMENT
Vendor certifies under penalty of perjury that their response is in all respects bona fide,fair,and made without collusion or fraud with any person,joint venture, partnership, corporation or other business or legal entity.The Vendor agrees to comply with all Federal, state,and local laws,rules,regulations and ordinances,as applicable.
FEDERAL DEBARMENT,SUSPENSION,INELIGIBILITY,AND VOLUNTARY EXCLUSION 2 CFR§180 implementing Executive Orders 12549 and 12689. For all contracts paid for with federal funds,Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.A contract award must not be made to parties listed on the government wide Exclusions in the System for Award Management(SAM). 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.
EPA REGULATIONS APPLICABLE TO GRANTS,SUBGRANTS,COOPERATIVE CONTRACTS,AND AWARDS EXCEEDING$250,000 IN FEDERAL FUNDS Clean Air Act(42 U.S.C. 7401-7671q.)and Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended.Vendor agrees 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).
BAN ON FOREIGN TECHNOLOGY
2 CFR §200.216. Federal grant funds may not be used to purchase equipment, services, or systems that use 'covered telecommunications"equipment or services as a substantial or essential component of any system,or as critical technology as part of any system. "Covered telecommunications" means purchases from Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities),and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company,or Dahua Technology Company(or any subsidiary or affiliate of such entities).
FERPA CONFIDENTIALITY
Vendor agrees to cooperate with Awarding Agency/PCA/PCA Member to secure the confidentiality of all information and records in accordance with applicable federal and state laws,rules,and regulations. Vendor understands that the Family Educational Rights and Privacy Act(FERPA),20 U.S.C.§1232(g),governs the privacy and security of educational records and information and agree to abide by FERPA rules and regulations,as applicable.
RIGHTS TO INVENTIONS MADE UNDER A FEDERAL GRANTS,CONTRACTS AND COOPERATIVE AGREEMENTS 37 CFR§401.2(a). If a Federal award meets the definition of"funding agreement' under and vendor is 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 and vendor must comply with the requirements of 37 CFR§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.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 133
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
RECORDS ACCESS AND RETENTION REQUIREMENTS
When federal funds are expended by PCA Members for any contract resulting from this procurement process,Vendor certifies that it will comply with the record retention requirements detailed in 2 CFR§200.333.The Vendor further certifies that Vendor will retain all records for a period of three years after grantees or sub grantees submit final expenditure reports or quarterly or annual financial reports,as applicable,and all other pending matters are closed.
Per 2 CFR§200.336.Vendor agrees that the Inspector General of the District or any of their duly authorized representatives shall have access to any books,documents,papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under the Contract for the purpose of making audits,examinations, excerpts,and transcriptions.The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT,IF APPLICABLE 40 U.S.C.3701-3708.Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award,where applicable, by a non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers. The contract 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 vendor 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.
TERMINATION FOR CAUSE AND CONVENIENCE IN CONTRACTS IN EXCESS OF$10,000 FEDERAL FUNDS Vendor acknowledges that the Member reserves the right to immediately terminate any agreement in excess of$10,000 in the event of a breach or default of the agreement by Vendor.Termination for cause and for convenience,including the manner by which it will be affected and the basis for settlement is spelled out in the contract between the vendor and the Member.Termination for cause may occur in the event Vendor fails to(1)meet schedules,deadlines, and/or delivery dates within the time specified in the procurement solicitation,contract,and/or a purchase order;(2)make any payments owed;or(3)otherwise perform in accordance with the contract and/or the procurement solicitation.The Member also reserves the right to terminate the contract immediately,with written notice to vendor,for convenience,if the Member believes,in its sole discretion that it is in the best interest of the Member to do so.Vendor will be compensated for work performed and accepted and goods accepted by the Member as of the termination date.
Any award under this procurement process is not exclusive and the Member reserves the right to purchase goods and services from other vendors when it is in the Member's best interest.
PROHIBITION ON DOING BUSINESS WITH INDIVIDUALS,ENTITIES OR COUNTRIES SANCTIONED BY U.S.GOVERNMENT Vendor is not engaged and doing business with individuals,entities or countries sanctioned by the U.S.Government, including, but limited to,those on the List of Specially Designated Nationals and Blocked Persons(the"SDN List"),and will not do business with such entities during the term of this contract.
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Vendor agrees that any/all subcontractors it uses to fulfill the Contract shall also be bound by the foregoing certifications and provisions.Also,Vendor agrees to be responsible for their subcontractors and acknowledge that their subcontractors will be held to the same standards as Vendor.
CERTIFICATION
It is further acknowledged that Vendor certifies compliance with all provisions, laws, acts, regulations, etc. as noted above, in the solicitation, and in the Awarded Contract(s).
Awarded PCA Contract Number
Vendor Name.
Proforce Marketing, inc.
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Printed Name of Authodzed Representative: Karen M. 16erggren ........................................................................................................................................................................................................................................................................................................................................................................ title. Contract Specialist
.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 112112021
Signatureof Authorized RepresentaWe. .............................................................................................................................................................................................................................................................................Date..................................................................................................
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 134
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
FORM G1 - SB 9 CONTRACTOR CERTIFICATION: CONTRACTOR EMPLOYEES Background
TEX.EDUC. CODE,Chapter 22 requires entities that contract with school districts to obtain criminal history records on covered employees. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Vendors must certify to Awarding Agency that they have complied and must obtain similar certifications from their subcontractors. The law requires each contractor to obtain the criminal histories of its covered employees. For more information or to set up an account, contact the Texas Department of Public Safety's Crime Records Service at 512.424.2474.
Definitions
Covered employees: Employees of a contractor who have or will have continuing duties related to the service to be performed at a school district and have or will have direct contact with students.Awarding Agency and/or the PCA Member issuing a Purchase Order will be the final arbiter of what constitutes continuing duties and direct contact with students.
Disaualifying criminal history:
(1) A conviction or other criminal history information designated by Awarding Agency or an PCA Member;
(2) A felony or misdemeanor offense that would prevent a person from being employed under TEX. EDUC. CODE§22.085(a),that is: if at the time of the offense,the victim was under 18 or was enrolled in a public school:
(a) A felony offense under Title 5, Texas Penal Code; (b) An offense on conviction for which a defendant is required to register as a sex offender under Chapter 62, TEX. CR. CODEANN.; or
(c) An offense under federal law or the laws of another state that is equivalent to(a)or(b).
On behalf of Proforce Marketing, Inc. ("Vendor"), I, the undersigned authorized signatory for Vendor,certify to Awarding Agency that[check one]:
None of Vendor's employees are covered employees,as defined above. If this box is checked, I further certify that Vendor has taken precautions or imposed conditions to ensure that its employees will not become covered employees.Vendor will maintain these precautions or conditions throughout the time the contracted services are provided.
Or—
Some or all of Vendor's employees are covered employees. If this box is checked, I further certify that:
(1) Vendor has obtained all required criminal history record information regarding its covered employees.
None of the covered employees has a disqualifying criminal history. (2) If Vendor receives information that a covered employee subsequently has a reported criminal history, Vendor will immediately remove the covered employee from contract duties and notify PCA in writing within 3 business days.
(3) Upon request,Vendor will provide PCA Member with the name and any other requested information of covered employees so that PCA Member may obtain criminal history record information on the covered employees.
If PCA Member objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Vendor agrees to discontinue using that covered employee to provide services at PCA Member.
I also certify to Awarding Agency on behalf of Vendor that Vendor has obtained certifications from its subcontractors of compliance with TEX.EDUC.CODE,Chapter 22.Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.
Contract S ecialist 1/21/2021
.......................................................................................................................................................................................................................................................... ..............................................................P............................................................................................................................................................. .................................................................................................................................. &gnature q We Date
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 135
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
FORM G2 - SB 9 CONTRACTOR CERTIFICATION: SUBCONTRACTOR
Background
TEX. EDUC. CODE, Chapter 22 requires entities that contract with school district contractors to obtain criminal history records regarding covered employees. Covered employees with disqualifying criminal histories are prohibited from serving at a school district.Subcontractors must certify to Member and to the Vendor that they have complied.The law requires each subcontractor to obtain the criminal histories of its covered employees. For more information or to set up an account,contact the Texas Department of Public Safety's Crime Records Service at 512-424-2474.
Definitions
Covered employees: Employees of a Vendor who have or will have continuing duties related to the service to be performed at a school district and have or will have direct contact with students.Awarding Agency or other co-op Member issuing a Purchase Order will be the final arbiter of what constitutes continuing duties and direct contact with students.
Disaualifying criminal history:
(1) A conviction or other criminal history information designated by an PCA Member; (2) A felony or misdemeanor offense that would prevent a person from being employed under TEX.
EDUC.CODE§22.085(a),that is: if, at the time of the offense,the victim was under 18 or was enrolled in a public school:
(a) A felony offense under Title 5, TEXAS PENAL CODE,• (b) An offense on conviction for which a defendant is required to register as a sex offender under Chapter 62, TEX. CR. CODE ANN.;or
(c) An offense under federal law or the laws of another state that is equivalent to(a)or(b).
Subcontractor has entered into a contract with P r o f o r c e Marketing, Inc. ("Vendor"), to provide services in connection with the contract between Awarding Agency and Vendor. 1, the authorized signatory for Subcontractor,certify to Awarding Agency and Contractor that[check one]:
XCXJ None of Subcontractor's employees are covered employees, as defined above. If this box is checked, I further certify that Subcontractor has taken precautions or imposed conditions to ensure that its employees will not become covered employees. Subcontractor will maintain these precautions or conditions throughout the time the contracted services are provided.
Or-
[ ] Some or all of Subcontractor's employees are covered employees. If this box is checked, I further certify that:
(1) Subcontractor has obtained all required criminal history record information regarding its covered employees.
None of the covered employees has a disqualifying criminal history. (2) If Subcontractor receives information that a covered employee subsequently has a reported criminal history, Subcontractor will immediately remove the covered employee from contract duties and notify PCA in writing within three(3)business days.
(3) Upon request, Subcontractor will provide Awarding Agency with the name and any other requested information of covered employees so that Awarding Agency may obtain criminal history record information on the covered employees.
If a Member objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information,Subcontractor agrees to discontinue using that covered employee to provide services at Member.
I also certify to Awarding Agency and Vendor on behalf of Subcontractor that Subcontractor has obtained certifications from its subcontractors of compliance with TEX. EDUC. CODE, Chapter 22. Noncompliance or misrepresentation regarding this certification may be grounds for contract termination. ..........................................................................................................................................................................................................................................................
Contract S ecialist 112112021
Signature q We Date
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 136
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
FORM H - CONTRACTOR CERTIFICATION-ARIZONA REQUIREMENT
Contractor's Employment Eligibility
By entering into the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act(F/NA),and all other federal and state immigration laws and regulations.The Contractor further warrants that it is in compliance proper with the various state statutes where this contract will operate.
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 Vendor 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 participating entities in which work is being performed.
Fingerprint& Background Checks (Arizona requirement)
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 Vendor shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted.
Business Operations in Sudan, Iran
In accordance with Arizona Revised Statutes 35-391 and Arizona Revised Statutes 35-393, the contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran. 1/21/2g21
.............................................................................................................................................................................................................................................................................................................................................................. .................................................................................................................................................................................................................
Signature of Respondent Date
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 137
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
FORM I
BONDING LETTER, IF APPLICABLE
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 138
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
FORM J
INSTRUCTIONS FOR CERTIFICATION REGARDING
DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS
1. A signed certification is due upon submittal of an offer and during the annual contract renewal period.
A PCA Member may also request and receive a certification prior to purchase of goods or commencement of work.
2. The inability of Vendor to provide the certification below will not necessarily result in disqualification of the Vendor's submittal or non-renewal of the Awarded Contractor's (Vendor's) contract. The Vendor/Awarded Contractor shall submit an explanation of why it cannot provide the certification. The certification or explanation will be considered in connection with Awarding Agency's determination whether to award a contract/terminate an existing contract. However, failure of the Vendor to furnish a certification or an explanation shall disqualify such Vendor from being awarded a contract or the Awarded Contractor from renewal of an existing contract.
3. The certification is a material representation of fact upon which reliance was placed when Awarding Agency awards/renews a contract. If it is later determined that the Vendor/Awarded Contractor knowingly rendered an erroneous certification, Awarding Agency may terminate the contract for cause or default.
4. The Vendor/Awarded Contractor shall provide immediate written notice to Awarding Agency per the instructions specified in the Notice paragraph of the Contract Terms and Conditions if at any time the Vendor/Awarded Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a Vendor/Awarded Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION
AND OTHER RESPONSIBILITY MATTERS
1. The Vendor/Awarded Contractor certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency, or State agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)with commission of any of the offenses enumerated in paragraph (1)(b)of this certification; and
(d) Have not within a three-year period preceding this submittal/renewal had— one or more public transactions(Federal, State or local)terminated for cause or default.
2. Where the Vendor/Awarded Contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 1/21/2g21
............................................................................................................................................................................................................................................................................................................................................................ .................................................................................................................................................................................................
Authorized Company Signature Date
(Karen M. i erggren, Contract Spec'Wa st
............................................................................................................................................................................................................................................................................................................................................................
Printed Name& 'nfle
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 139
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
FORM K -ADDENDUM(S) IF ISSUED
Addendums, if'issued, WH be noficed on Bonfire through the o camericaoorg ebsife on the Soiicitat'ion "'lab.
Vendor must dowMoad the a en uml„ have an authorized person ackno ie ge the addendum by signing and dafingi and submit the addendum with the company's subrn'iss'ion or proposal.
If the company has submMed their proposal before the notice is posted, the addendum notice must be submMed by erna'il to 2camerica@ camericaoor .
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 140
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
FORM L -VENDOR QUESTIONNAIRE AND COMPANY PROFILE
1. Certification of Residency-TEXAS
TEX. GOV'T. CODE § 2252.002, PCA "...may not award a contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract (1) in the state in which the nonresident's principal place of business is located; or (2) a state in which the nonresident is a resident manufacturer." This requirement does not apply to contracts involving federal funds. TEX. GOV'T. CODE§2252.004. "Resident bidder' is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority Owner has its principal place of business in Texas. "Nonresident bidder' is a person who is not a Texas resident. TEX. GOV'T. CODE§2252.001.
City and state of Vendor's principal place of business: Prescott, Arizona Vendor is a Texas"resident bidder' OR a"non-resident bidder' X a) Does your"resident state" require bidders whose principal place of business is in Texas to underbid bidders whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? ❑Yes K]No b) What is the prescribed amount or percentage? $ OR %
2. Which best describes Vendor's position in the distribution channel, if applicable:
❑ Manufacturer direct ❑ Certified education/government reseller ® Authorized distributor ❑ Manufacturer marketing through reseller ❑ Value-add reseller ❑ Other:
3. Check all states and territories where Vendor intends to pursue work, even states where you are not currently licensed. Note: Licenses must be obtained before commencement of work DQ All States ❑ Kentucky ❑ North Dakota
❑ Arizona ❑ Louisiana ❑ Ohio
❑ Arkansas ❑ Maine ❑ Oklahoma
❑ Alabama ❑ Maryland ❑ Oregon
❑ Alaska ❑ Massachusetts ❑ Pennsylvania
❑ California ❑ Michigan ❑ Rhode Island
❑ Colorado ❑ Minnesota ❑ South Carolina
❑ Connecticut ❑ Mississippi ❑ South Dakota
❑ Delaware ❑ Missouri ❑ Tennessee
❑ District of Columbia ❑ Montana ❑ Texas-see below also ❑ Florida ❑ Nebraska ❑ Utah
❑ Georgia ❑ Nevada ❑ Vermont
❑ Hawaii ❑ New Hampshire ❑ Virginia
❑ Idaho ❑ New Jersey ❑ Washington
❑ Illinois ❑ New Mexico ❑ West Virginia
❑ Indiana ❑ New York ❑ Wisconsin
❑ Iowa ❑ North Carolina ❑ Wyoming
❑ Kansas
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 141
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
❑ All U.S.Territories ❑ Guam ❑ Puerto Rico
❑ American Samoa ❑ Midway Islands ❑ U.S.Virgin Islands ❑ Fed.States of ❑ Northern Mariana
Micronesia Islands
USMCA
❑ Canada ❑ Mexico
Texas Education Service Center Area(see map next page)
® All ESCs ❑ ESC 7 ❑ ESC 14
❑ ESC 1 ❑ ESC 8 ❑ ESC 15
❑ ESC 2 ❑ ESC 9 ❑ ESC 16
❑ ESC 3 ❑ ESC 10 ❑ ESC 17
❑ ESC 4 ❑ ESC 11 ❑ ESC 18
❑ ESC 5 ❑ ESC 12 ❑ ESC 19
❑ ESC 6 ❑ ESC 13 ❑ ESC 20
Texas Education Service Center Areas Reference Map
6 14 7
20 Special Noticing Requirements of Other States
Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, and similar laws in other states, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with PCA and access the Master Agreement contract award made pursuant to this solicitation, and hereby given notice of the foregoing request for responses for purposes of complying with the procedural requirements of said statutes. Lists of political subdivisions and local governments in the above referenced states/districts may be found at httpajby usaogov/state® tribal® overnments.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 142
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
4. Company Profile. Provide:
a) Official company registered name:
Proforce Marketing, Inc. dba Proforce Law Enforcement
b) Company's Dun & Bradstreet number and rating: 16-324-2196 c) Company's federal tax identification number(EIN): 86-1022874 d) Number of years company has been in the business described in this solicitation:20 e) Organization chart. Available upon request.
f) Total number of full-time employees: 33
g) Corporate office location: 2625 Stearman Rd., Ste.A Prescott,AZ 86301 h) Location(s)of sales/service offices in the state(s) relevant to this solicitation. Include name of key contact and contact information:
Retail Stores located at Prescott,AZ location and in Brea, CA.
External sales/in-person available as needed in the following States: Curtis Wheeler(AK, ID OR, MT, WA); Gregg McClung (CA); Jim Halstead (AZ, NM, NV); Michael Hagy(TX, OK) Ralph Salas (FL); Rick Plotke (CO, UT, WY)
i) Description of company's relevant market and company's position within it.
Top industry tier for law enforcement equipment, firearms and ammunition. j) If you do not provide a Dun & Bradstreet rating in (b), Company agrees to provide the following financial information, if requested, at any point during the procurement process, before or after contract award:
• If public, Company's income statement, balance sheet, and cash flow statement for the latest audited year.
• If private, Company's audited financial statements for the latest fiscal year, if available. • Company's failure to provide financial information may impact a potential contract award. k) Supply your company logo a high-resolution format such as".eps" OR".jpg"to be used on the PCA website.
5. References—IRegUiire
Provide references from at least three(3)customers, preferably governmental entities,that Vendor has provided services to in the last three years.Vendor may supply a letter from a company on company letterhead, including contact information.
PCA reserves the right to contact the references and will not be held responsible for references that will not respond after two (2)attempts by phone or email.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 143
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
(1) Name: Rick VanKeuren
Company: Arizona Department of Public Safety
Address: Phoenix, AZ
Contact phone number(s): 9 2 8 - 2 1 0 - 9 0 4 9
Email: [email protected]
Approximate revenue, last three (3)years: O v e r $ 2 M i I I i o n (2) Name: Shannon Reyes
Company: Maricopa County AZ
Address: Phoenix , AZ
Contact phone number(s): 6 0 2 - 8 7 6 - 6 6 8 7
Email: [email protected]
Approximate revenue, last three (3)years: Over$1 Million (3) Name: Aaron Burt
Company: Sacramento Police Dept .
Address: Sacramento , CA
Contact phone number(s): 9 1 6 - 8 0 8 - 7 5 7 4
Email: [email protected]
Approximate revenue, last three (3)years:
(4) Name:
Company:
Address:
Contact phone number(s):
Email:
Approximate revenue, last three (3)years:
(5) Name:
Company:
Address:
Contact phone number(s):
Email:
Approximate revenue, last three (3)years:
6. Insurance - All contracts require proof of insurance; for the purposes of this solicitation, the certificate holder is Awarding Agency/Purchasing Cooperative of America. a) State Vendor's insurance provider: *See attached. b) Provide appropriate documentation to demonstrate compliance with the Insurance Requirements in the Terms and Conditions.
7. Accounting
a) Define company's standard terms of payment. *Net 30 days, unless otherwise negotiated. b) Discuss the invoicing options company offers and the payment terms for each.
8. Provide company drug testing policy/plan. *See attached.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 144
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
9. Quality Assurance/Quality Control Program (QA/QC Plan) If Not Applicable, initial here X If QA/QC Plan is required or necessary, Vendor(s) shall submit an updated QA/QC Plan within 14 calendar days of award and prior to commencement of any work.
The Plan shall:
a) Detail the day-to-day supervision of work, provide documentation of deficiencies and corrective actions, note subcontract or compliance issues and trend analysis, and how inspectors will interface and work with both subcontractors and Member's staff.
b) Give an overview of the company's customer service department, including hours of operation, number of service centers, etc. Describe company's procedures to monitor the quality of its customer service and products. c) Describe company's support procedures. Detail the estimated timeframe from a Member's request to when support is provided and completed.
10. Marketing Plan -All contracts require a marketing plan *Marketing plan available upon request.
Vendor shall provide a marketing plan for promoting this contract. The marketing plan shall cover all applicable areas and states. Vendor shall demonstrate how this Contract will be used as a primary contract offering to customers/Members and efforts to educate potential PCA Members. The plan should explain how the marketing department will interface with Vendor's management team and Vendor's customers and PCA Members.
11. Corporate Resources and Commitment- Construction ONLY If Not Applicable, initial here X Corporate resources and commitments are important as indicators of the respondent's commitment and ultimate success. Vendors must include the following information in their responses:
a) Has a corporate officer been assigned to the program? ❑Yes ❑No b) Does the corporate officer understand his role in providing the resources necessary for the program? ❑Yes ❑No
c) Does corporate understand the need for prompt payment of subcontractors? ❑Yes ❑No d) Does the company have business procedures and a business manager assigned to this program that will conform to the solicitation? ❑Yes ❑No e) Has corporate made a commitment to work with small and disadvantaged businesses within the local community? ❑Yes ❑No f) Has the company committed the people long-term to this program for continuity? ❑Yes ❑No g) Does corporate acknowledge PCA's Member's right to proposed changes in key personnel and to reserve the right to remove Vendor personnel for any reason? ❑Yes ❑No
12. Warranty Information, if Applicable If Not Applicable, initial here a) Length of standard warranty on parts/equipment/materials Manufacturere Warranties Included b) Length of standard warranty on installation/service N/A c) Does Vendor provide extended warranties and/or maintenance contracts at an additional cost to Members? No X Yes
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 145
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
If so, the extended warrantee maintenance contract must be submitted as a separate line item. d) Is warranty coverage dependent on any specific requirements? No Yes If yes, explain.
e) If Vendor's product(s) is/are deemed defective, what is the replacement process and turnaround time? Proforce facilitates warranty replacement
f) Does Vendor provide a quality guarantee on its product(s)/service(s)? Yes X No If so, provide a description. Per manufacturers.
13. ISO Certification - If"Yes"Vendor nmust piroVide e copy ofthe IISO eurtliitm etli in Illetteur(s).
Vendor is ISO certified: ❑Yes ®No
14. HUB, MWBE, VOSB, SBE, etc. Participation - Vendor must provide s copy of uetter(s)or eurt'fii ete(s) four Due III ullllii en a ure Uiiurenmeints,
Vendor is certified: ❑Yes K]No
If Yes, state the certification(s)here:
Some PCA Members have specific goals for use of HUBs, etc., including subcontracting requirements, and will require that a plan be submitted to meet their goals. See TEX. GOV'T. CODE, Chapter 2161.
State percentage of Vendor's business with HUB/WMBE/SBE subcontractors: %
15. CMMC If Not Applicable, initial here N/A
Provide a copy of the Cybersecurity Maturity Model Certification (CMMC), if applicable.
16. Awards/Certificates/Licenses
a) List environmental, social or industry standards awards or recognition Vendor has received.
Provide documentation.
b) Provide copies of all licensing certificates, including contractor licenses and certifications, for each state in which Vendor can provide products/services. c) List company and staff certifications and licenses that may be brought to this cooperative program.
17. Company Delivery Policy. State fully your delivery terms and conditions, including:
a) Minimum order for free delivery
b) Carriers, own trucks or common carrier(FedEx, UPS, USPS, etc.) c) Delivery time and fill rate
d) Establish delivery schedule(s), where the requirement permits, which encourage participation by Small and Disadvantaged Businesses (2 C.F.R. § 200.321)
18. Freight, Deliver, Inspection &Acceptance, if applicable. If Not Applicable, initial here X
19. Provide company safety plan, if applicable. If Not Applicable, initial here X
20. Provide Subcontracting Plan, if applicable. If Not Applicable, initial here X
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 146
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
21. Provide Safe and Secure Plan, if applicable. If Not Applicable, initial here X
22. List all other cooperative contracts currently held by Vendor:
COOPERATIVE NAME—DISCOUNT OFFERED—EXPIRATION DATE ❑ Check here, if none NASPO,TX BuyBoard
23. Company Contact Information. Vendor must keep the following information up-to-date.
If awarded a contract, please supply a person to contact when answers to administrative questions are required. E-mail prnrp _ _pcamericaoorg with changes as they occur.
ADMINISTRATIVE SUPPORT SERVICES — Please supply the contact who will be responsible for Monthly reporting, payment of admin fees, website updates, etc.:
Contact Person: Karen M. Berggren Title: Contract Specialist Company: Proforce Marketing, Inc.dba Proforce Law Enforcement Address. 2625 Stearman Rd.,Ste.A
City: Prescott State:AZ Zip Code: 86301
Phone:
928-776-7192 Cell: N/A
[email protected]
E-mail:
SALES AND MARKETING CONTACT PERSON— Please supply a contact who can assist with sales and marketing questions, fees&monthly report questions, member lists, etc.:
Contact Person: Andrew Dargue Title:Marketin Lead Internal
nternal
Address: Same as above.
City: State: Zip Code:
Phone: Cell:
E-mail:
24. If awarded a contract,an award packet will be mailed to facilitate a"kick-off'orientation either by meeting at the PCA office,online meeting,or by phone conference. This contact will be responsible for receiving the award packet and if necessary, distributing the content to those who will need the information provided. The contact person will receive email information regarding setting up orientation dates and times and will make sure PCA has the names,email addresses, phone numbers for those who will attend the orientation(s). Provide contact information for the person who will receive the award packet:
Mark Salazar
Printed Name of Person to Contact:
Address: 2625 Stearman Rd., Ste.A
Prescott, AZ 86301
Phone#: Email:
928-776-7192 [email protected]
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 147
PROFORCE LAW ENFORCEMENT-DISCOUNT PRICE LIST
PCA OD-337-21
Fire,Safety,Security,Surveillance,Equipment,Service and Related Items Products available include all Law Enforcement designated products,per individual manufacturer.
Proforce is authorized to sell to a codes only in the states listed with the manufacturer,per dealer agreements,effective 3/1/2021.
MIN%OFF
Manufacturer Description States Available MSRP* 3M/PELTOR(3M/PLR) Equipment Unlimited 1%
AIMPOINT(AIM) Equipment Unlimited 20%
AGUILA(AGU) Ammunition Unlimited 20%
AMERIGLO(AMG) Equipment Unlimited 1%
AK,AZ,CA,CO,ID,MT,NM,NV,OR,TX,UT,WA,WY
*Major Cities Chief,County Sheriff,and State Highway Patrol need to go AXON aser) Equipment direct with Axon for purchase* 1-5% BAYCO/NIGHTSTICK(BCF) Equipment JUnlimited 1% BERE17A(STA) Firearms JAZ,CA,CO,ID,MT,NM,NV,OR,UT,WA,WY 1% BENELLI(BEN) Firearms UNLIMITED 1%
BIANCHI(BIA) Equipment
AZ,AK,CA CO,FL,ID,MT,NM,NV,OR,OK,UT,WA,WY 30%
BLACKHAWK(BHP) uipment Unlimited 39%
BLADE-TECH(BLD) uipment Unlimited 1%
BLUE GUN(BLG) uipment Unlimited 1%
BURRIS BRS) ui ment Unlimited 1%
COLT(CLT) earms Unlimited 14%
CONDOR(CON) Unlimited 1%
CZ(CZU) Firearms Unlimited 1%
DANIEL DEFENSE(DDI) UFirearms
Unlimited I%
AZ,AK,CA,CO,FL,ID,MT,NM,NV,OR,OK,UT,WA,WY
DEF TECH(DEF) Free Shipping over$2,700 1-30% Dll DRONES Unlimited 0-10%
EOTECH(EOT Unlimited 11%
FN USA(FNM) Unlimited 1%
GEMTECH(GEM) AZ,CA,CO,HI,ID,MT,MN,NM,NV,OK,OR,TX,UT,WA,WY,W( 1% GLOCK(GLK) Firearms AZ,CA,CO,NM,NV,UT,WY 10% GLOCK ACCESSORIES(GLK) Equipment Unlimited 10% GOULD&GOODRICH(G&G) Equipment Unlimited 1% HECKLER&KOCH(H&K) Firearms Unlimited 11yo
HOLOSUN(HLS) Equipment Unlimited 1%
INFORCE(INF) Equipment Unlimited 11%
KIMBER(KMB) Firearms Unlimited 17%
L3 Harris(1-31-1) Night Vision Unlimited 1-10% LEUPOLD LEU) Equipment Unlimited 23%
LYMAN(LYM)
(PACHMAYR,MARK 7,TACSTAR,A-ZOOM,
TRIUS,BUTCH'S,TARG-DOTS) Equipment Unlimited 1% MAGPUL(MPI) Equipment Unlimited 20%
MOSSBERG(MOS) Firearms Unlimited 26%
OSS(OSS) Firearms Unlimited 8%
OTIS(OTI) Equipment Unlimited 1%
PELICAN(PEL) Equipment Unlimited(shipping not included-must get shipping quote from mfg) 1% PEPPERBALL Equipment AZ,CA,CO,ID NM,NV,MT,OR,OK,TX UT,WA,WY 2-18% POF(POF) Firearms Unlimited 24%
REMINGTON AMMO(REM) Ammunition AZ,NM 1% REM ARMS(RAL) Firearms AK,AZ,CA,CO,HI,ID,MT,NV,NM,OK,OR,TX,UT,WA,WY 27%
RUAG/AMMOTEC(RGA)
(NORMA,SWISS P,ETC) Ammunition JUnlimited 1% RUGER(RUG) Firearms Unlimited 25%
SAFARILAND all brands)(SFL) Equipment JAZ,AK,CA,CO,FL,ID,MT,NM,NV,OR,OK,UT,WA,WY 10-30% SIG SAUER(SIG) Firearms JAZ,CA,CO,ID,MT,NM,NV,OR,TX,UT,WA,WY 11% SILENCERCO(SCO) Firearms Unlimited 1%
SIONICS(SNC) Firearms Unlimited 15%
SMITH&WESSON(S&W) Firearms AZ,CA,CO,HI,ID,OR,NM,NV,UT,WY,TX OK 25% SPETZGEAR SPZ Equipment Unlimited 1%
SPRINGFIELD(SPG) Firearms Unlimited 11%
STACCATO(STI) Firearms Unlimited 1%
STREAMLIGHT(SU) Equipment Unlimited 35-45%
STRIKE INDUSTRIES(SID) Equipment Unlimited 1% SUREFIRE SUF) Equipment Unlimited 5-30%
TARAN TACTICAL(TTI) Equipment Unlimited 1%
TRIJ ICON(TRJ) Equipment Unlimited 8-269/.
U LTIMATE TRAINING MUNITIONS(UTM) Ammunition Unlimited 10% UNDER ARMOUR(UND) Equipment Unlimited 1%
US PEACEKEEPER(USB) Equipment Unlimited(shipping not included-must get shipping quote from mfg) 1% VORTEX OPTICS(VTX) Equipment lUnlimited 1% WRAP TECHNOLOGIES(WRP) JEquipment JAZ,AK,CA,CO,FL,ID,MT,NM,NV,OR,OK,UT,WA,WY,TX 16-28% Shipping included. Manufacturer warranties included. Excludes taxes,where applicable. [email protected] *MSRP or similar pricing identified by manufacturer at time of order.
Exhibit 2 148
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 6.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo I niguez, Director of Public Works/Facilities SUBJECT: RESOLUTION APPROVING AN AGREEMENT FOR THE PURCHASE AND
INSTALLATION OF NEW POLE LED LIGHTING AT JOHN ANSON FORD PARK DATE: January 8, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council:
1. Adopt the attached Resolution approving an agreement with ABM Electrical & Lighting Solutions, Inc. formerly known as ABM Industries Inc. for the purchase and installation of new LED lighting for a total amount not to exceed $249,909.48;
2. Authorize the City Manager to execute the agreement and approve change orders that may be necessary during construction to cover any unforeseen condition in an amount not to exceed 10% of the agreement amount; and
3. Appropriate $275,000 from the General Fund to complete this project.
BACKGROUND/DISCUSSION:
Currently, the walkway lights on the east portion of John Anson Ford Park ("Ford Park") are not operable due to missing electrical wiring and/or malfunctioning photovoltaic (solar) panels. This creates a safety hazard for the public due to the darkness resulting from the malfunctioning walkway lighting. Furthermore, several existing light poles have been removed by Public Works staff due to corrosion/rust at the base of the poles that was discovered after a thorough assessment of the existing poles, following the spontaneous falling of one of the existing poles along the pedestrian walkway. The remaining existing walkway poles are recommended for removal and replacement at the earliest convenience.
Cooperative Purchasing through Sourcewell
Under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency. Bell Gardens is a member of Sourcewell (formerly National Joint Powers Alliance NJ PA) and membership entitles the City to access competitively bid national contracts.
Sourcewell was created by state law as a service cooperative to provide programs and services to education and government. As a service cooperative, Sourcewell is a local government unit, public corporation, and public agency created under the laws of the State of Minnesota (Minnesota Statutes Section 123A21) that offers cooperative procurement solutions to its members. Participation is open to all levels of a governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell is authorized to establish competitively awarded cooperative purchasing contracts on behalf of itself and 149
its participating agencies. Sourcewell follows the competitive contracting law process to solicit, evaluate, and award cooperative purchasing contracts for goods and services.
On November 22, 2021, Sourcewell issued an I nvitation for Bids ("Sourcewell I F B")for I ndefinite Delivery-I ndefinite Quantity Construction Contracts in the State of California (I F B #CA-123021). On December 29, 2021, ABM Industries Inc. submitted a bid and on February 1, 2022, ABM Industries Inc. was awarded Indefinite Delivery- Indefinite Quantity Construction Contract #CA-R8-E01-123021-ABM ("Sourcewell Contract'), with an original expiration date of January 31, 2023. On January 26, 2023, the Sourcewell Contract was extended through January 31, 2024 and the rights and responsibilities of the Sourcewell Contract were assigned from ABM I ndustries Inc. to ABM Electrical & Lighting Solutions, Inc.("ABM").
In light of the current walkway lighting conditions at Ford Park, the Public Works Department reached out to ABM Electrical & Lighting Solutions, Inc. to solicit pricing for the purchase and installation of 34 new 25-ft. tall pole LED lights for the walkway along the east side of Ford Park and 5 new 15-ft. tall pole LED lights for the playground at the east end of Ford Park(the "Project'), based on the Sourcewell contract pricing. This is the same type of pole LED lighting that was installed by ABM Building Solutions, LLC at Bell Gardens Veterans Parkin FY2021/2022 as part of an energy service contract.
Public Works staff obtained a quote of $249,909.48 from ABM for the Project based on pricing from ABM's Sourcewell Contract. The Scope of Work includes the following items:
• Replace (34) existing mixed solar and induction fixtures and poles located throughout the walkway trail system of Ford Park.
• Utilizing the existing concrete footings, install (34) 25' LSI 7 yr. warranty SPL 4SQ I S11 G25 BRZ DGP square steel poles (bronze color)with ABS base covers.
• Install (34) Sylvania AREAFLD5AS3000NHD840T5BZ fixtures (4,000K color temperature) on the new poles featuring Title 24 occupancy sensors and 10 yr. manufacturer warranty. • Replace (5) missing fixtures and poles located around the playground of Ford Park utilizing the existing concrete footings.
• Install (5) 15' LSI 7 yr. warranty SPL 4SQ I S11 G15 BRZ DGP square steel poles (bronze color)with ABS base covers.
• Install (5) Sylvania AREAFLD5AS80UNHD840T5BZ fixtures (4,000K color temperature) on the new poles featuring Title 24 occupancy sensors and 10 yr. manufacturer warranty. • ABM to trench approximately 2500' from existing underground circuits to solar pole locations and tot lot lighting poles.
• ABM to install 2500' conduit and wire connecting the solar poles and tot lot poles to the existing underground lighting circuits.
• Stub up electrical circuits into existing solar pole footings with surface mount vandal resistant conduit.
ENVI RONMENTAL ANALYSI S:
Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the Project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 — Existing Facilities). A Notice of Exemption for the Project will be prepared and filed with the L.A. County Registrar Recorder's Office.
CONCLUSION:
150
If the attached Resolution is adopted, staff will process the agreement for signatures and coordinate a pre- construction meeting with ABM.
FISCAL IMPACT:
The agreement with ABM for the purchase and installation of new pole LED lighting will be for an amount not to exceed $249,909.48. A contingency of 10% (approximately $25,000) will be necessary to cover any unforeseen conditions; therefore, the total Project budget will be $275,000. If the recommended appropriation is approved, General Funds will be utilized to cover the Project costs.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2024-02
Exhibit 2 -Agreement
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, CityAttomey and/or Susie Altamirano,Assistant CityAttomey Manuel Carrillo, Director of Finance and Administrative Services 151
RESOLUTION NO. 2024-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A CONTRACT WITH ABM ELECTRICAL & LIGHTING SOLUTIONS, INC. FORMERLY KNOWN AS ABM INDUSTRIES, INC. FOR THE PURCHASE AND INSTALLATION
OF LED LIGHTING AT JOHN ANSON FORD PARK
WHEREAS, Under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency; and
WHEREAS, Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members; and
WHEREAS, on November 22, 2021, Sourcewell (hereinafter, "Sourcewell") issued an Invitation for Bids for Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California (IFB #CA-123021)); and WHEREAS, on December 29, 2021, ABM Electrical & Lighting Solutions, Inc. formerly known as ABM Industries, Inc. submitted a bid; and WHEREAS, on February 1, 2022, ABM Electrical & Lighting Solutions, Inc. formerly known as ABM Industries, Inc. and Sourcewell entered into Contract Number CA-R&E01-123021-ABM; and
WHEREAS, on January 26, 2023, ABM Electrical & Lighting Solutions, Inc. formerly known as ABM Industries, Inc. and Sourcewell executed a modification to the Sourcewell Contract to extend the term of the Sourcewell Contract through January 31, 2024; and
WHEREAS, Bell Gardens is a member of Sourcewell (formerly National Joint Powers Alliance NJPA) and membership entitles the City to access competitively bid national contracts; and
WHEREAS, the City requires the purchase and installation of new pole LED lighting at John Anson Ford Park; and
WHEREAS, the City Council finds that the City has complied with the procurement process; and
Exhibit 1 152
Resolution No. 2024-02
WHEREAS, the City desires enter into an agreement with ABM Electrical & Lighting Solutions, Inc. formerly known as ABM Industries, Inc. for the purchase and installation of LED lighting for the total cost of$249,909.48.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council approves an agreement with ABM Electrical & Lighting Solutions, Inc. formerly known as ABM Industries, Inc. for the purchase and installation new pole LED lighting at the John Anson Ford Park.
SECTION 3. The City Council further authorizes and directs the City Manager to execute the agreement with ABM Electrical & Lighting Solutions, Inc. formerly known as ABM Industries, Inc. consistent with this resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon approval.
PASSED, APPROVED and ADOPTED this 8th day of January, 2024.
THE CITY OF BELL GARDENS
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
2 of 3
Exhibit 1 153
Resolution No. 2024-02
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on , and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
3 of 3
Exhibit 1 154
2024
EQUIPMENT PROCUREMENT AGREEMENT
(Procurement: Purchase and Installation of New Pole LED Lighting at John Anson Ford Park) (Parties: City of Bell Gardens and ABM Electrical & Lighting Solutions, Inc. formerly known as ABM Industries, Inc.)
THIS EQUIPMENT PROCUREMENT AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2024 by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and ABM ELECTRICAL & LIGHTING SOLUTIONS, INC. FORMERLY KNOWN AS ABM INDUSTRIES, INC. (hereinafter, "Vendor"). For the purposes of this Agreement, City and Vendor may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to City or Vendor interchangeably.
RECITALS
WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, City requires the purchase and installation of new pole LED lighting at John Anson Ford Park; and
WHEREAS, per Section 3.04.100(E) (Exceptions) of Chapter 3.04 (Purchasing System) of the Bell Gardens Municipal Code (hereinafter, "Section 3.04.100"), states that the purchasing policy may be dispensed with when supplies, services or equipment can be produced from a supplier who offers the same or better prices, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; and WHEREAS, on November 22, 2021, Sourcewell (hereinafter, "Sourcewell") issued an Invitation for Bids for Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California ("Sourcewell IFB") (IFB #CA-123021); and WHEREAS, on December 29, 2021, Vendor submitted a bid; and WHEREAS, on February 1, 2022, Vendor and Sourcewell entered into Contract Number CA-R&E01-123021-ABM (hereinafter Sourcewell Contract); and WHEREAS, on January 26, 2023, Vendor and Sourcewell executed a modification to the Sourcewell Contract to extend the term of the Sourcewell Contract through January 31, 2024; and
WHEREAS, authorized under Section 3.04.100(E) of the Bell Gardens Municipal Code but such to certain terms and conditions set forth, City wishes to avail itself to the opportunity to purchase certain equipment and services that meet the specifications of the Sourcewell Contract at the same unit pricing and rates given to Sourcewell under the Exhibit 2 1�5
Sourcewell Contract; and
WHEREAS, the City as a public agency will be able to utilize Vendor's cooperative agreement with Sourcewell, to purchase directly from Vendor; and WHEREAS, City desires to enter into an agreement with Vendor for the purchase and installation of new pole LED lighting at John Anson Ford Park, upon the conditions set forth below.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Vendor, agree as follows:
Section 1. DESCRIPTION OF MATERIALS AND SERVICES
A. Subject to all the terms and conditions of this Agreement, Vendor agrees to sell and install new pole LED lighting as described in the City's General Provisions (hereinafter, "General Provisions") which are attached and incorporated hereto as Exhibit "A" and in Vendor's Work Order Number 115006.00 dated January 3, 2024 (hereinafter the "Work Order"), which is attached and incorporated hereto as Exhibit "B". For purposes of this Agreement, the capitalized term "Equipment" shall refer to the purchase and installation of the LED lighting as listed in the Sourcewell IFB. The unit prices charged by Vendor to City for the Equipment listed in the Work Order shall be no greater than the unit prices charged to Sourcewell under the Sourcewell IFB. Except as otherwise provided herein the Equipment shall, in all respects, meet the specifications for identical Equipment set forth under the Sourcewell IFB and shall be subject to all warranties set forth under the Sourcewell IFB and Sourcewell Contract (Collectively referred to as "Sourcewell Documents"). A true and correct copy of the Sourcewell Documents are attached and incorporated hereto as Exhibit "C".
B. Vendor's performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for Vendor to complete its delivery and installation at the location(s) specified by the City Representatives in a good workmanlike manner. Vendor shall not commence the delivery and installation of the Equipment until such time as City issues a written notice to proceed (hereinafter, the "Notice to Proceed") with the delivery, which notice shall specify the date, time and location of the delivery along with such other written instructions as may be provided by the City Representatives.
C. Vendor shall perform all services and tasks contemplated under this Agreement continuously and with due diligence. Vendor shall, among other things, be responsible for the delivery and installation of the Equipment to City and shall also provide its delivery personnel with all equipment and tools necessary to move the Equipment to the location(s) specified by the City Representative. City shall in no way be responsible for undertaking the delivery or installation of the Equipment with its own personnel or any other contracted third-party, nor shall City be responsible for providing Vendor's personnel with training, tools or equipment Exhibit 2 A6
required to deliver the Equipment. The Equipment installation shall be completed within thirty (30)working days of the City's issuance of a written Notice to Proceed.
D. The liquidated damage for this Equipment installation is two hundred fifty dollars ($250.00) per calendar day for each calendar day the project is not completed to the satisfaction of the City within the contract time including any extension of time granted by the City.
E. The Equipment installation shall be subject to inspection by City and may be rejected by City if the Equipment does not meet the specifications called for under this Agreement or is otherwise defective. The Equipment installation shall be considered accepted upon City's issuance of a written Notice of Acceptance, which shall not be unreasonably withheld or delayed. At any time prior to the issuance of a Notice of Acceptance, City may reject, return and demand the replacement of the Equipment which does not meet the required specifications or is defective and the cost of returning and replacing the Equipment shall be borne solely and exclusively by Vendor. At City's option, Equipment that is rejected and returned by City shall be promptly replaced by Vendor or the cost of such Equipment shall be credited or refunded to City. No payment shall be required until replacement is complete. Vendor shall replace any and all Equipment lost during delivery. Prior to the issuance of such Notice of Acceptance, Vendor, at Vendor's sole cost and expense, shall be required to make all such repairs, modifications or corrections to the Equipment installation as may be necessary to ensure that the Equipment installation is performed in accordance with the agreed specifications or replace any and all defective or incompatible parts as may be necessary to ensure that the Equipment installation is performed in accordance with the established specifications.
F. City's acceptance of the Equipment installation shall be conditioned upon the final inspection by City, as specified under Section 5 of this Agreement, below, to ensure that the Equipment installation satisfies the requirements of the City and is capable of performing in accordance with performance standards set forth in the specifications of the Sourcewell IFB. City reserves the right to direct to replace, at no additional cost to City, any Equipment which is determined to be damaged, defective or other non-compliant with such specifications.
G. Coordinated Equipment will take place during the standard business hours.
Section 2. STANDARD OF CARE
A. Vendor represents, acknowledges and agrees as follows:
1. Vendor shall perform all work and services contemplated under this Agreement skillfully, competently and to the highest standards applicable to the Vendor's field;
2. Vendor shall perform all work in a manner reasonably satisfactory to the Exhibit 2 1%7
City;
3. Vendor shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);
4. Vendor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance;
5. All of Vendor's employees and agents (including but not limited to Vendor's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and
6. All of Vendor's employees and agents (including but not limited to Vendor's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.
The Parties acknowledge and agree that Vendor's acceptance of any work performed by or on Vendor's behalf shall not constitute a release of any defects or damage to the Equipment undetectable or otherwise unknown to City at the time of acceptance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Vendor, including but not limited to the representation that possesses the skills, training, knowledge and experience necessary to perform all services and tasks contemplated under this Agreement in a skillful and competent manner.
Section 3. REPRESENTATIVES
A. City Representative. For the purposes of this Agreement, the Agreement administrator and City's representative shall be the Director of Public Works or their designee (hereinafter, the "City Representative"). It shall be Vendor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and Vendor shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.
B. Vendor Representative. For the purposes of this Agreement, Vishal Gupta, General Manager, is hereby designated as the principal and representative of Vendor authorized to act on its behalf with respect to Vendor's performance under this Agreement and to make all decisions in connection therewith (the "Vendor Representative"). Notice to the Vendor Representative shall be written to Exhibit 2 1%8
constitute notice to Vendor.
Section 4. VENDOR'S PERSONNEL
A. Vendor represents that it has, or will secure at its own expense, all personnel required to perform the services and tasks required under this Agreement. All such services will be performed by or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services.
B. Vendor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.
C. In the event that City, in its sole and absolute discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned to perform services pursuant to this Agreement, Vendor shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons.
D. Vendor shall be responsible for payment of all employees' and subcontractors' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
E. Permits and Licenses. Vendor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City business license.
Section 5. INSTRUCTION ON MAINTENANCE
City's personnel in coordination with Vendor's personnel shall have a period of thirty (30) calendar days from the date the Equipment is delivered and installed to run performance tests of the Equipment in order to determine whether or not the Equipment meets specifications, is not damaged and is functioning properly. Vendor, during the testing and inspection period contemplated herein, shall also provide City personnel with instruction and training on maintenance of the Equipment and shall supply City with true and correct copies of all technical specifications, operating manuals and other materials relating to the maintenance and upkeep of the Equipment. The foregoing shall be in addition to and not in lieu of any training program specified under the Sourcewell IFB. Unless otherwise notified in writing, the Equipment shall be deemed accepted following the end of the 30- day testing and instruction period. City's issuance of notification of conditions, circumstances or other factors which make the City unwilling to accept the Equipment installation shall toll, the expiration of the 30-day testing and instruction period as to all Equipment.
Exhibit 2 1%9
Section 6. WARRANTIES
Vendor shall extend to City all such warranties for the Equipment provided to Sourcewell under the Sourcewell IFB and Sourcewell Contract subject to the same terms and conditions set forth therein, including but not limited to the warranties referenced under Section W of the Sourcewell IFB.
Section 7. COMPENSATION
A. Compensation. Vendor shall sell, deliver and install the Equipment as referenced in the Scope of Work at unit pricing that is no greater than the unit pricing provided to Sourcewell for identical services under the Sourcewell Documents. The foregoing notwithstanding, in no event may Vendor's total aggregate compensation for the sale, delivery and installation of the Equipment exceed the aggregate sum of Two Hundred Forty-Nine Thousand Nine Hundred Nine Dollars and Forty-Eight Cents ($249,909.48) (hereinafter, the "Not-to-Exceed Amount").
B. As authorized by the City Council at its Regular Meeting of January 8, 2024, and subject to any applicable restrictions set forth under the Bell Gardens Municipal Code as the same may be amended from time to time or applicable State law, City, in its sole and absolute discretion, may authorize expenditures in excess of the Not-to-Exceed Amount without further City Council approval provided such additional expenditures do not cumulatively exceed an amount equal to ten percent (10%) of the Not-to-Exceed Amount. Any such additional expenditures must be approved by the City Manager in writing before they may be incurred.
Section 8. SURETY BOND
A. Performance Bond. Vendor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total Not-to-Exceed Sum.
The Performance Bond shall be in a form approved by City. No payment shall be made to Vendor until the Performance Bond has been received and approved by the City or the requirement for the Performance Bond has been waived.
B. Labor and Materials Bond. Vendor shall execute and provide to City concurrently with this Agreement a Labor and Materials Bond in the amount of the Not-to- Exceed Sum. The Labor and Materials Bond shall be in a form approved by City.
No payment shall be made to Vendor until the Labor and Materials Bond has been received and approved by the City.
Section 9. PREVAILING WAGES AND GENERAL LABOR COMPLIANCE AND
REPORTING
A. The provisions of this Section shall apply to the extent any of the Equipment installation to be performed by Vendor constitutes a "public work" within the meaning of Section 1720(a)(1) of the Labor Code. Vendor shall comply with the Exhibit 2 1%0
provisions of the Labor Code applicable to public works, in the manner set forth under this Section. In addition to any other indemnification obligation set forth under this Agreement, Vendor shall indemnify, hold harmless, and defend City concerning any liability arising out of Labor Code Section 1720 et seq.
B. Vendor and any subcontractor performing or contracting any portion of the Equipment installation shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:
1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Equipment installation shall constitute a legal day's work under this Contract. Vendor and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. Vendor and any subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.
2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., Vendor and any subcontractor under Vendor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, Vendor is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Agreement, are on file at the Public Works Yard, which copies shall be made available to any interested party on request.
Vendor shall post a copy of said prevailing rate of per diem wages at each job site.
C. As required by Section 1773.1 of the California Labor Code, Vendor shall pay travel and subsistence payments to each worker needed to execute the Equipment installation, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
D. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.
Exhibit 2 1�1
E. Vendor shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to City, forfeit up to fifty dollars ($50)for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. Vendor shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate.
Vendor is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and Vendor and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.
F. Vendor and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. Vendor is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.
G. Vendor and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving Vendor or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. Vendor shall also be subject to California Labor Code Section 1777.1.
H. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, Vendor is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If Vendor, in the sole discretion of the City satisfies the City of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self-insurer, Vendor may so act, and in such case, the insurance required by this paragraph need not be provided. Vendor is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer's General Liability limits of $1,000,000 Exhibit 2 1%2
per accident before commencing the performance of the Work of this Agreement.
The Notice to Proceed with the Equipment installation under this Agreement will not be issued, and Vendor shall not commence the Work, until Vendor submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Equipment installation under this Agreement. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, Vendor in signing this Agreement certifies to the City as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." A subcontractor is not allowed to commence the Equipment installation on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by Vendor and submitted to the Public Work's Director for the City's review and records.
I. In accordance with the provisions of Section 1727 of the California Labor Code, the City, before making payment to Vendor of money due under a contract for public work, shall withhold and retain therefrom all amounts required to satisfy any civil wage and penalty assessment issued by the Labor Commissioner, along with the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the City.
Section 10. PROHIBITED INTERESTS
Vendor warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, City shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 11. INDEPENDENT CONTRACTOR
Vendor will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute as an agent, servant, or employee of City and shall not and is not intended to create the relationship of partnership, joint venture or association Exhibit 2 1%3
between City and Vendor.
Section 12. RECORDS AND INSPECTION
Vendor shall comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Vendor shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices.
Section 13. CONFLICTS OF INTEREST
Vendor hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with in connection with this project. Vendor hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any City ordinance, state law or federal statute. Vendor agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that executes in connection with the performance of this Agreement.
Section 14. INDEMNIFICATION
Vendor shall indemnify, defend and hold harmless the City, its elected and appointed officials, commissioners, officers, employees, agents and volunteers for the same types of loss, claims, suits, actions, damages and causes of action to the extend caused by the acts or omissions of Vendor and to the same extent afforded the Sourcewell, Sourcewell's officials, commissioners, officers, agents, employees and volunteers.
Section 15. INSURANCE
Vendor shall at all times during its period of performance under this Agreement maintain all policies of insurance at the same coverage levels and of the same type and scope as set forth under Section XVII of the Sourcewell IFB.
Section 16. MUTUAL COOPERATION
A. City shall provide all pertinent data, documents and other requested information as is reasonably available for the proper performance of Vendor services.
B. In the event any claim or action is brought against City relating to Vendor performance in connection with this Agreement, Vendor shall render any reasonable assistance that City may require.
Exhibit 2 M4
Section 17. TERMINATION FOR CONVENIENCE; TERMINATION FOR CAUSE A. Termination for Convenience. Prior to the issuance of City's written Notice to Proceed, City may immediately terminate this Agreement, inclusive of the purchase of the Equipment, without cause, without liability and free of any charge or cost to City. After the City's issuance of a written Notice to Proceed, City may terminate this Agreement for convenience and without cause upon fifteen (15) days of written notice to Vendor. Such termination for convenience shall be made in writing signed by the City Representative specifying the effective date of such termination. Vendor may only terminate this Agreement for cause. Except as otherwise provided herein, in the event of City's termination of this Agreement for convenience, Vendor shall be compensated for such Equipment delivered to and accepted by City and for such services performed up to the effective date of the termination.
B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 17(C) below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i)Vendor's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) Vendor's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Vendor, whether voluntary of involuntary; (iv) Vendor's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) City's discovery that a statement representation or warranty by relating to this Agreement is false or erroneous in any material respect.
C. Vendor shall cure the following Events of Defaults within the following time periods:
1. Within ten (10) calendar days of City's issuance of a Default Notice for any failure to timely provide City or its agents with any information and/or written Exhibit 2 M5
reports, documentation or work product which Vendor is obligated to provide to City or its agents under this Agreement. Prior to the expiration of the 10-day cure period, Vendor may submit a written request for additional time to cure the Event of Default upon a showing that it has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 10-day cure period; or
2. Within fifteen (15) calendar days of City's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 15-day cure period, may submit a written request for additional time to cure the Event of Default upon a showing that has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds fifteen (15) calendar days from the end of the initial 15-day cure period.
If an Event of Default relates to a material falsehood or misrepresentation set forth in the Surfacing specifications that is not susceptible to a cure, City in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.
D. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by within thirty (30) calendar days of Vendor's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period.
The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to Vendor shall be cured by City within thirty (30) calendar days from the date of Vendor's Default Notice to City.
E. City, in its sole and absolute discretion, may also immediately suspend Vendor's performance under this Agreement (or the performance of any specific task or function performed by under this Agreement) pending Vendor's cure of any Event of Default by giving written notice of City's intent to suspend Vendor's performance (hereinafter, a "Suspension Notice"). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Vendor shall be compensated only for those services and tasks which have been rendered by to the reasonable satisfaction of City up to the effective date of the suspension.
Exhibit 2 M6
No actual or asserted breach of this Agreement on the part of City shall operate to prohibit or otherwise restrict City's ability to suspend this Agreement as provided herein.
F. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
G. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
1. Upon fifteen (15) day written notice to Vendor, the City may terminate this Agreement in whole or in part;
2. Upon written notice to Vendor, the City may extend the time of performance;
3. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Vendor's breach of the Agreement, obtain specific performance from Vendor or to terminate the Agreement; or
4. The City may exercise any other available and lawful right or remedy.
H. In the event City is in breach of this Agreement, Vendor's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to under this Agreement for completed services and tasks. In no event shall Vendor be entitled to receive more than the amount that would be paid to for the full performance of the services required by this Agreement.
I. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
Section 18. FORCE MAJEURE
Vendor shall not be liable for any failure to perform if presents acceptable evidence, in City's reasonable judgment, that such failure was due to causes beyond the control and without the fault or negligence of Vendor. In the event that a FORCE MAJEURE event materially increases the Vendor's costs of performance hereunder then City shall make an equitable contribution to all such increased costs of performance to the extent that such costs are not covered by Vendor's insurances.
Exhibit 2 Q7
Section 19. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a)the day of delivery if delivered by hand or overnight courier service during Vendor and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY: If to VENDOR:
City of Bell Gardens ABM Electrical & Lighting Solutions, Inc. 7100 S. Garfield Avenue 14201 Franklin Avenue
Bell Gardens, CA 90201 Tustin, CA 92780
Attn: Director of Public Works Attn: Vishal Gupta, General Manager Section 20. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, Vendor shall not deny the contract's benefits to any person on the basis of nor shall they discriminate unlawfully against any employee, subcontractor, or applicant for employment because of: race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, genetic information, gender, gender identity, gender expression, sexual orientation, or military and veteran status or other basis prohibited by law. Vendor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Section 21. PROHIBITION AGAINST ASSIGNMENT
Vendor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, which shall not be unreasonably withheld or delayed and any attempt to do so shall be void and of no effect.
City shall not be obligated or liable under this Agreement to any party other than Vendor.
Section 22. ATTORNEY FEES
In the event that City or Vendor commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees.
Section 23. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and Exhibit 2 M8
provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between City and Vendor with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both City and Vendor.
Section 24. GOVERNING LAW; JURISDICTION
This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
Section 25. SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Section 26. AMENDMENT; MODIFICATION
No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
Section 27. CAPTIONS
The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
Section 28. AUTHORIZATION
Both parties represent and warrant that the person executing this Agreement on behalf of each party is an authorized agent who has actual authority to bind each party to each and every term, condition, and obligation of this Agreement and that all requirements of each party have been fulfilled to provide such actual authority.
Section 29. SURVIVAL OF PROVISIONS AND OBLIGATIONS
Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time.Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
Exhibit 2 �89
Section 30. EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Exhibit 2 �Io
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
CITY OF BELL GARDENS ABM ELECTRICAL & LIGHTING SOLUTIONS, INC. FORMERLY KNOWN
AS ABM INDUSTRIES, INC.
By: By:
Michael B. O'Kelly, City Manager
Date: Date:
Approved as to form:
By:
Stephanie Vasquez, City Attorney
Exhibit 2 ff i
EXHIBIT "A"
GENERAL PROVISIONS
Exhibit 2 �h
EXHIBIT A
GENERAL PROVISIONS
Section I — General
1-1 Location and Description of Work
The work shall be performed at John Anson Ford Park, 8000 Park Lane, Bell Gardens, CA 90201 (work site), all of which is known as the "Purchase and Installation of New Pole LED Lighting at John Anson Ford Park" (the "Project"). The work will be as described in Vendor's Work Order. All work shall be performed according to the requirements in the "General Provisions" and Vendor's Work Order. The image below illustrates the Project limits:
KAM,, &
4) Metal halide 'poles
Solar "Poles(non-fpertionl %
(5 Nay ground 10 poles
s
mr
?///
�� - �ouevinirron°i/, 4win!w�i«wu
1-2 to 1-4. Intentionally left blank.
1-5 Record Drawings
If applicable, Vendor shall have on file a minimum of one (1)set of Construction Drawings, hereinafter referred to as "RECORD DRAWINGS," upon which he/she shall record all variations between the work as built and as originally shown on the Construction Drawings or other Contract Documents. Said record drawings shall be supplemented by any detailed sketches as necessary or as directed by the Director of Public Works/Facilities ("Director") to indicate fully the work as actually constructed. Said record drawings shall be kept at the job site and shall be accessible at all times during the Exhibit 2 173
construction period and shall be delivered to the Director within ten (10) days after completion of the work.
1-6 to 1-15. Intentionally left blank.
1-16 Site Conditions and Restrictions
1-16.1 "Time of Completion":
(1) The Vendor shall perform no Work on days other than Working Days or outside of normal working hours (defined as the hours between 7:00 a.m. to 5:00 p.m.) without the consent of the Director, unless otherwise specified. In any event, all Work shall be subject to approval of the Director. Before starting such work, the Vendor shall make arrangements with the Director for the continuous or periodic inspection of the work and tests of materials, when necessary. If the Vendor requests permission to perform Work outside of the above time periods and if the City grants such request, the Vendor shall pay all extra expense to the City for inspection and other incidental expenses caused by such overtime Work. If the City requests the Vendor to work overtime or if overtime Work is specifically required by these Specifications, the City will pay all extra expense of inspection.
(2) If the Vendor finds it necessary, in order to complete the work according to schedule, to perform certain of its operations outside of Working Days or normal working hours, these operations shall be performed as part of the Work included in the Contract Price and shall not constitute a basis for additional payments. 1-16.2 Access for emergency vehicles throughout the Project shall be maintained at all times.
1-17. Intentionally left blank.
1-18 Traffic Control and Access
1-18.1 The Vendor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
1-18.2 The Vendor shall maintain two-way traffic on all streets at all times. Lane closures permitted with the prior approval of the Director and shall conform to Caltrans or WATCH Manual guidelines.
1-18.3 The Vendor shall maintain all travel lanes open during non-work hours except as may be allowed at the Agency's convenience and discretion to expedite the work. 1-19 Protection and Restoration of Existing Improvements Whenever, in the opinion of the Director, an emergency exists against which the Vendor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Vendor's Exhibit 2 174
operations and when, in the opinion of the Director, immediate action shall be considered necessary in order to protect the public or property due to the Vendor's operations under this Agreement, the Director will order the Vendor to provide a remedy for the unsafe condition. If the Vendor fails to act on this situation within a reasonable time period, the City will provide suitable protection of said interests by causing such work to be done and material to be furnished as may seem reasonable and necessary at the expense of the Vendor.
1-19.1 "Responsibilities of the Vendor'
(1) The Vendor shall become familiar with all existing improvements and facilities, both public and private, on the Work site and provide adequate safeguards to prevent damage to existing structures and improvements. The Vendor shall repair any damage to property from any cause that might have been prevented by the Vendor, the Vendor's employees, agents or subcontractors within five calendar days after such damage occurs, at the Vendor's sole cost and expense. The Vendor shall repair water service breaks the same day. In the event that the Vendor fails to repair such damages, the City will make the repairs, or cause them to be made, and will deduct the cost of repairs from the money due or to become due to the Vendor.
(6) In accordance with the requirements of Section 21464 of the Vehicle code of the State of California, no person shall without lawful authority remove any official traffic control device, guidepost or signpost placed or erected as authorized or required by law.
Therefore, the Vendor shall not remove or relocate any such existing traffic control device, guidepost or signpost located within the alignment of or interfering with the new construction work required herein without first obtaining permission to do so from the Police Department of the City of Bell Gardens.
1-20 Claim Notification
If the Vendor should claim that any instruction, request, drawings, specification, action, condition, omission, default, or other situation obligates the City to pay additional compensation to the Vendor or to grant an extension of time for the Completion of the Contract, or constitutes a waiver of any provision in the contract, it shall notify the Director, in writing, of such claim within 10 days from the date he has actual or constructive notice of the factual basis supporting the claim. The Vendor's failure to notify the Director within such ten (10)day period shall be deemed a waiver and relinquishment of the claim against the City.
1-21 Specification Changes
No changes, additions or deletions will be made to these specifications and plans unless directed by the Director.
1-22 to 1-23 — Intentionally left blank.
1-25. Intentionally left blank.
Exhibit 2 175
1-26 Superintendence by Vendor
The Vendor shall designate by letter to the Director a competent superintendent, satisfactory to the Director and with authority to act for the Vendor. The designated superintendent shall be on the job site at all times during performance until the work is completed and accepted by the City. Work will not be performed in the absence of a competent superintendent. Should a change in the job superintendent be necessary, the Director shall be notified by letter.
1-27 Clean-Up
Clean-up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed daily, and any damage sustained on the work of others shall be repaired to original conditions. WASH DOWNS ARE PROHIBITED.
1-28 Removal and Disposal of Materials
All materials removed shall become the property of the Vendor and shall be disposed of outside the right-of-way unless otherwise specified. Materials that are removed shall be disposed of in a legal manner by the Vendor. The Vendor shall make its own arrangements for disposing of materials and it shall pay all costs involved. It is the Vendor's responsibility to inform the City of any environmentally impacted material. The cost of Removing and Disposing of Materials that are not environmentally impacted shall be included in the various Contract items of Work and no additional compensation will be allowed, therefore. All construction debris is to be disposed of in accordance with the City of Bell Gardens Recycling Policy. The contactor shall be responsible for the payment of any deposits to the City of Bell Gardens, as part of the Recycling Policy. Please note that such deposits are refundable only after the Vendor has provided the required documentation to substantiate compliance with the Recycling Policy.
1-29 to 1-32. Intentionally left blank.
1-33 Public Convenience, Public Safety, Signing and Traffic Control 1-33.1 The Vendor shall not close traffic lanes on arterial streets before 8:30a.m. or after 3:30 p.m. without consent of the Director.
1-33.2 Intentionally left blank.
1-35 Removal and Disposal of Materials
All materials removed shall become the property of the Vendor. Materials that are removed shall be disposed of in a legal manner by the Vendor. The Vendor shall make its own arrangements for disposing of materials and it shall pay all costs involved. The cost of Removing and Disposing of Materials shall be included in the various contract items of work and no additional compensation will be allowed, therefore.
Exhibit 2 176
1-36. Intentionally left blank.
(1) 1-38. Intentionally left blank.
1-40 Materials and Workmanship
1-40.1 "Protection of Work and Materials":
a. The Vendor shall remove and replace materials damaged by the Vendor's operations at the Vendor's sole expense before the final inspection and acceptance. (2) "Test of Materials":
a. The Vendor shall submit samples of materials, at the Vendor's sole expense, as the Director may require, 15 days in advance of being incorporated in the Work to a testing laboratory designated by the City.
b. Samples of materials to be tested shall be properly identified and shall establish exact nature and character of materials. The City may reject any material or part thereof that proves defective as a result of testing and requires satisfactory replacement. (3) "Trade Names or Equals":
a. Where a specific manufacturer is noted on the Plans or listed in the Specifications, unless otherwise noted, an "approved equal" item may be substituted. b. If a Bidder desires to bid an" approved equal" item, the Bidder shall submit a request to do so to the Director in writing by the time and as shown in the Instructions to Bidders. 1-41. Intentionally left blank.
1.42 Air Pollution Control
The Vendor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any Work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statutes, specified in Section 11017 of the Government Code. In the absence of any applicable air pollution control rules, regulations, ordinances or statues governing solvents, all solvents, including but not limited to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the Project shall comply with the applicable material requirements of the South Coast Air Quality Management District (SCAQMD). All containers of paint, thinner, curing compound or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements. Material to be disposed of shall not be burned, either inside or outside of the premises. The provisions of Section 300-1.3, "Removal and Disposal of Materials", of the SSPWC permitting disposal of material by burning shall not apply. 1-43 Completion, Acceptance and Warranty
1-43.1 (1) Upon acceptance by the Director, the Director will file a Notice of Completion with the Los Angeles County Registrar-Recorder. The date the Notice of Completion is Exhibit 2 177
filed will be the date of acceptance of the Work and the date the Vendor is relieved from responsibility to protect the Work.
(2)The acceptance of the Work or the payment of any money by the City shall not operate as a waiver of any provision of the Agreement, or of any power reserved to the City, or of any right to damages or indemnity provided in the Agreement. The waiver of any breach of the Agreement, or any default hereunder, shall not be held to be a waiver of any other or subsequent breach or default.
(3) The Vendor shall guarantee all Work against failure due to defective materials and faulty workmanship for a period of 1 year after the date of acceptance of the Work by the City, unless some longer period is expressly set forth in any manufacturer's warranty or within the Specifications.
(4) When the City discovers defective material or workmanship that requires repair or replacement under guarantee, the Vendor shall furnish all necessary labor, materials, and equipment to correct and make good, at no expense to the City, all such defects. The Vendor shall commence repair or replacement within 24 hours after receiving written notice from the Director, and diligently and continuously perform the Work until the repair or replacement is completed and the City has accepted it. 1-44. Intentionally left blank.
1-45 Storage of Equipment and Materials
It shall be the Vendor's responsibility to locate any storage sites for materials and equipment needed and such sites must be approved in advance by the Director, and must be free of objectionable material. The Vendor must submit to the Director for approval any and all agreement(s) between the Vendor and the property owner(s) of said storage site(s) and/or construction site(s) for approval prior to the start of construction. Said agreement(s) must provide for the restoration of the site(s) by the Vendor prior to the filing of"Notice of Completion" by the Director. Stockpiling or storage of materials on any public right-of-way or parking areas will not be permitted without the approval of the Director.
Materials spilled along or on said right-of-way or parking areas shall be removed completely and promptly. All stockpile and storage areas shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the Work
Vendor shall only use a haul route approved in writing by the Director. The Vendor shall keep the work site as well as the route to and from the disposal site clean at all times.
The Vendor shall immediately remove and haul away all materials included in the various items of removals.
1-46 Work Site Maintenance
1-46.1 "Responsibilities of the Vendor";
(1) "General":
Exhibit 2 178
a. The Vendor shall include all cleanup costs in its Bid. The City will make no additional payment for this work.
(2) "Noise Control":
a. The Vendor shall keep the noise level resulting from Work operations to a minimum at all times, especially during the morning hours.
b. Noise control is subject to the provisions of Bell Gardens Municipal Code section 16.24, "Noise Regulation."
(3) "Water Pollution Control":
a. Best Management Practices (BMPs) shall be defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution.
b. At a minimum, the Vendor shall implement the following BMPs in conjunction with the Work:
Title Number
General Site Management
Water Conservation NS-1
Vehicle and Equipment Cleaning NS-8
Vehicle and Equipment Fueling NS-9
Vehicle and Equipment Maintenance NS-10
Em to ee/Subcontractor Training --
Construction Materials and Waste Management
Material Delivery and Storage M-1
Material Use M-2
Spill Prevention and Control M-4
Solid Waste Management M-5
Hazardous Waste Management M-6
Concrete Waste Management M-8
Erosion/Sediment Control
Storm Drain Inlet Protection SE-10
c. A description of each BMP is included in these Specifications. The Vendor shall have at least two readily accessible copies of these descriptions at the Work site at all times. d. The Vendor shall continuously implement BMPs during the Work. The Vendor shall implement BMPs for erosion control and sedimentation during the period from October 1 st to April 15th and whenever the National Weather Service predicts rain within 24 hours. e. The Vendor shall conduct all aspects of the Work performed pursuant to these Plans and Specifications in accordance with all state and federal laws and regulations, including Exhibit 2 179
but not limited to all environmental laws and regulations, Order No. 99-060 of the California Regional Water Quality Control Board, Los Angeles Region ("Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the City of Bell Gardens) and related BMPs. The City will deduct from the money due or to become due to the Vendor the total amount of any fines levied on the City, plus legal and staff costs, as a result of the Vendor's failure to comply with these provisions or less than complete implementation of the specified BMPs. In addition, the Vendor shall defend, indemnify, and hold the City harmless for any liability, loss, damage, fines, penalties, actions, costs and expenses related to the Vendor's (or its subcontractor's) failure to comply with these laws and regulations.
f. Full payment for the implementation of BMPs, including the construction, removal, and furnishing of all necessary labor, equipment, and materials, shall be considered as included in the unit prices bid for the various items of work or the lump sum bid (as the case may be), and no additional payment will be made.
1-47 Protection and Restoration of Existing Improvements 1-47.1
(1) The Vendor shall become familiar with all existing improvements and facilities, both public and private, on the Work site and provide adequate safeguards to prevent damage to existing structures and improvements. The Vendor shall repair any damage to property from any cause that might have been prevented by the Vendor, the Vendor's employees, agents or subcontractors within five calendar days after such damage occurs, at the Vendor's sole cost and expense. In the event that the Vendor fails to repair such damages, the City will make the repairs, or cause them to be made, and will deduct the cost of repairs from the money due or to become due to the Vendor. (2) through (5). Intentionally left blank.
(6) In accordance with the requirements of Section 21464 of the Vehicle code of the State of California, no person shall without lawful authority remove any official traffic control device, guidepost or signpost placed or erected as authorized or required by law.
Therefore, the Vendor shall not remove or relocate any such existing traffic control device, guidepost or signpost located within the alignment of or interfering with the new construction work required herein without first obtaining permission to do so from the Police Department of the City of Bell Gardens.
Exhibit 2 180
EXHIBIT "B"
SCOPE OF WORK
Exhibit 2 Mi
GORDIAN
Work Order Signature Document
EZIQC Contract No.: CA-118-E01-123021-ABM
FINew Work Order F-1 Modify an Existing Work Order Work Order Number.: 115006.00 Work Order Date: 01/03/2024 Work Order Title: Ford Park Walkway Lighting
Owner Name: City of Bell Gardens Contractor Name: ABM Electrical&Lighting Solutions Inc.
Contact: Bernardo Iniguez Contact: Nate Piorek Phone: 562-806-7770 Phone: (949)330-3049 Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R8-E01-123021-ABM.
Brief Work Order Description:
Walkway Lighting
Time of Performance Estimated Start Date:60 days after NTP is issued Estimated Completion Date:
Liquidated Damages Will apply: X $250.00/day Will not apply:
Work Order Firm Fixed Price: $249,909.48
Owner Purchase Order Number:
Approvals
City of Bell Gardens Date ABM Electrical&Lighting Solutions Inc. Date Work Order Signature Document Page 1 of 1 1/3/2024
Exhibit 2 182
Sourcewell 7�� rm 10 R D I A N
Detailed Scope of Work
To: Nate Piorek From: Bernardo Iniguez
ABM Electrical&Lighting Solutions Inc. City of Bell Gardens 14201 Franklin Avenue 8327 Garfield Ave
Tustin, CA 92780 Bell Gardens, CA 91201
(949)330-3049 562-806-7770
Date Printed: January 03,2024
Work Order Number: 115006.00
Work Order Title: Ford Park Walkway Lighting
Brief Scope: Walkway Lighting
Preliminary Revised �X Final
The following items detail the scope of work as discussed at the site.All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. • Please note(2)tall poles/fixtures have been removed from the original scope due to new aquatic center footprint conflict. See map for locations.
• Replace(34)existing mixed solar and induction fixtures and poles located throughout the trail system of the park.
• Utilizing the existing concrete footing,install(34)25'LSI Tyr warranty SPL 4SQ I S 11 G25 BRZ DGP square steel poles with ABS base covers.
• Install(34) Sylvania AREAFLD5AS300UNHD840T5BZ fixtures on the new poles featuring Title 24 occupancy sensors and 10 yr.manufacturer warranty.
• Replace(5)missing fixtures and poles located around the playground of the park. • Utilizing the existing concrete footing install(5) 15'LSI Tyr warranty SPL 4SQ I S11G15 BRZ DGP square steel poles with ABS base covers.
• Install(5) Sylvania AREAFLD5AS80UNHD840T5BZ fixtures on the new poles featuring Title 24 occupancy sensors and 10 yr.manufacturer warranty.
• ABM to trench approximately 2500'from existing underground circuits to solar pole locations and tot lot lighting poles.ABM to install 2500'conduit and wire connecting the solar poles and tot lot poles to the existing underground lighting circuits.
• Stub up electrical circuits into existing solar pole footings with surface mount vandal resistant conduit. • City of Bell Gardens to remove and dispose of existing poles and fixtures prior to ABM project start. If Required,City of Bell Gardens to make in irrigation line repairs,high pressure underground line repairs,Asbestos abatement/repairs.
• ABM's obligation under this proposal; and any subsequent contract does not include the identification, abatement or removal of asbestos or any other toxic or hazardous substances,hazardous wastes or hazardous materials. In the event such substances,wastes,or materials are encountered, Contractor's sole obligation will be to notify the Owner of their existence. Contractor shall have the right thereafter to suspend its work until such substances,wastes,or materials and the resultant hazards are removed. • Special Note Regarding Underground Trenching: All trenching and underground work will be Scope of Work Page 1 of 2
1/3/2024
Exhibit 2 183
Detailed i ..
Work Order Number: 115006.00
Work Order Title: Ford Park Walkway Lighting
performed in a neat and workmanlike manner. We will attempt to replace all planter and turf areas back to original condition as close as possible;however,we are not responsible for plant items that have to be removed to perform our work. Therefore, customer has the option to utilize their landscape contractor to work in conjunction with our electrical crew to protect all landscaped areas. In the event we are not furnished an underground irrigation "as-built"plan,we cannot be responsible for damage to existing underground equipment,we will notify customer and offer to repair the damage at minimum cost to the project.
• Work to be completed 1 st shift prevailing wage,Los Angeles County • Make all final connections between electrical panels and fixtures • Existing electrical infrastructure repairs and upgrades excluded • Repairs to existing footings or anchor bolts excluded • This pricing includes single line drawings. Title 24 calculations,wet stamped plans,and permitting fees are not included. If requested ABM will provide additional pricing for these items.
Material Lead Tine 4-6 weeks
Project Scheduling 2-4 weeks
Project duration 4 weeks
Subject to the terms and conditions of ezlQC Contract CA-118-E01-1 23021-ABM.
ABM Electrical&Lighting Solutions Inc. Date
City of Bell Gardens Date
Scope of Work Page 2 of 2
1/3/2024
Exhibit 2 184
Contractor's Price Proposal - Summary
Date: January 03,2024
Re: IQC Master Contract#: CA-R8-E01-123021-ABM
Work Order#: 115006.00
Owner PO#:
Title: Ford Park Walkway Lighting
Contractor: ABM Electrical&Lighting Solutions Inc.
Proposal Value: $249,909.48
Section -01 $49,181.50
Section -26 $179,312.38
Section -31 $13,310.30
Section -32 $8,105.30
Proposal Total $249,909.48
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
Contractor's Price Proposal-Summary Page 1 of 1 1/3/2024
Exhibit 2 185
Contractor's Price Proposal - Detail
Date: January 03,2024
Re: IQC Master Contract#: CA-R8-E01-123021-ABM
Work Order#: 115006.00
Owner PO#:
Title: Ford Park Walkway Lighting
Contractor: ABM Electrical&Lighting Solutions Inc.
Proposal Value: $249,909.48
Sect. Item Mod. UOM Description Line Total Labor Equip. Material (Excludes)
Section -01
1 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible $5,379.65 costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee.If there are multiple Reimbursable Fees, list each one separately and add a comment in the"note"block to identify the Reimbursable Fee(e.g.sidewalk closure,road cut,various permits,extended warranty,expedited shipping costs,etc.).A copy of each receipt shall be submitted with the Price Proposal.
Quantity Unit Price Factor Total
Installation 4,890.59 x 1.00 x 1.1000 5,379.65 Bonding$244,529.83 x 2%=$4,890.59
2 01 22 20 00 0010 HR ElectricianFor tasks not included in the Construction Task Catalog®and as $1,734.52 directed by owner only.
Quantity Unit Price Factor Total
Installation 16.00 x 104.58 x 1.0366 1,734.52 Electrician to troubleshoot,wire trace,ID existing circuits exiting electrical room to map usage of existing and new electrical circuits.1 electrician 2 days
3 01 22 20 00 0082 HR Engineer $1,070.02 Quantity Unit Price Factor Total
Installation 8.00 x 129.03 x 1.0366 = 1,070.02 ABM Engineer load calculations for new electrical infrastructure. 4 01 22 23 00 0107 WK 29'Bucket Truck With Full-Time Operator $9,824.73 Quantity Unit Price Factor Total
Installation 2.00 x 4,738.92 x 1.0366 = 9,824.73 Bucket truck/crane for installation of 25'poles.
5 01 22 23 00 0283 WK 2,400 LB Capacity,72"Wide,Skid-Steer Loader With Full-Time Operator $11,035.08 Quantity Unit Price Factor Total
Installation 2.00 x 5,322.73 x 1.0366 = 11,035.08 Earthwork/trenching/boring for electrical infrastructure. 6 01 22 23 00 0292 WK Hydraulic Hammer Attachment For Skid-Steer Loaders $1,930.98 Quantity Unit Price Factor Total
Installation 2.00 x 931.40 x 1.0366 = 1,930.98 Earthwork/trenching/boring for electrical infrastructure. 7 01 22 23 00 0298 WK Backhoe Attachment For Skid-Steer Loaders $662.06 Quantity Unit Price Factor Total
Installation 2.00 x 319.34 x 1.0366 = 662.06 Earthwork/trenching/boring for electrical infrastructure. 8 01 22 23 00 0307 WK Auger Attachment(Excludes Bits And Extensions)For Skid-Steer Loaders $656.25 Quantity Unit Price Factor Total
Installation 2.00 x 316.54 x 1.0366 = 656.25 Earthwork/trenching/boring for electrical infrastructure.
Contractor's Price Proposal-Detail Page 1 of 4 1/3/2024
Exhibit 2 186
Contractor'si - Detail Continues..
Work Order Number: 115006.00
Work Order Title: Ford Park Walkway Lighting
Section -01
9 01 22 23 00 1394 MO 3 Ton Capacity,12'To 16'Bed,4 x 2 Flat Bed Truck With Full-Time Truck $16,728.36 Driver
Quantity Unit Price Factor Total
Installation 1.00 x 16,137.72 x 1.0366 16,728.36 Logistics for material,equipment,pole logistics,and debris haul off.Driver included for 50%of duration. 10 01 22 23 00 1394 0039 MOD For Equipment Without Operator,Deduct -$7,240.38 Quantity Unit Price Factor Total
Installation 0.50 x -13,969.47 x 1.0366 -7,240.38 11 01 56 26 00 0182 LF 48"High With Posts At 8'On Center,Plastic Mesh Temporary Safety Fence $682.08 Quantity Unit Price Factor Total
Installation 200.00 x 3.29 x 1.0366 682.08 Safety Barrier for small sections of exposed trench
12 01 71 23 16 0019 ACR Survey Clear Area For Underground Utilities $6,216.23 Quantity Unit Price Factor Total
Installation 1.00 x 5,996.75 x 1.0366 6,216.23 Perform Underground survey for trenching. Utilize Dig Alert,City Plans,electrical documents and Irrigation documents to clear and mark trench path
13 01 74 13 00 0003 CY Collect Existing Debris And Load Into Truck Or DumpsterPer CY of debris $501.92 removed.
Quantity Unit Price Factor Total
Installation 20.00 x 24.21 x 1.0366 501.92 Remove and haul off debris,rocks,excess native soil not needed Subtotal for Section -01 $49,181.50
Section -26
14 26 01 20 91 0002 EA Lock Out/Tag Out Local DisconnectExcludes tag or padlock See CSI section $236.34 26 0120 91-0004 for padlock,26 0120 91-0005 for tag(s).
Quantity Unit Price Factor Total
Installation 6.00 x 38.00 x 1.0366 236.34 Electrical safety lock out tag out
15 26 05 19 16 0009 LF Bore 5"To 8"Conduit Into Dirt Or Sand $393.91 Quantity Unit Price Factor Total
Installation 100.00 x 3.80 x 1.0366 393.91 Earthwork/trenching/boring for electrical infrastructure.Sidewalk underpass,10 sidewalks approx.10'each 16 26 05 19 16 0125 MLF #12 AWG,Type THHN-THWN,600 Volt,Underground Feeder And Branch $3,006.61 Circuits,Single Stranded Copper Cable
Quantity Unit Price Factor Total
Installation 3.50 x 828.70 x 1.0366 3,006.61 Electrical Infrastructure:Wire inside the poles
17 26 05 19 16 0126 MLF #10 AWG,Type THHN-THWN,600 Volt,Underground Feeder And Branch $2,723.98 Circuits,Single Stranded Copper Cable
Quantity Unit Price Factor Total
Installation 2.50 x 1,051.12 x 1.0366 2,723.98 Electrical Infrastructure:Ground wire entire conduit run 18 26 05 19 16 0128 MLF #6 AWG,Type THHN-THWN,600 Volt,Underground FeederAnd Branch $13,340.67 Circuits,Single Stranded Copper Cable
Quantity Unit Price Factor Total
Installation 6.00 x 2,144.94 x 1.0366 13,340.67 Electrical Infrastructure:Wire all circuit runs
Contractor's Price Proposal-Detail Page 2 of 4 1/3/2024
Exhibit 2 187
Contractor'si - Detail Continues..
Work Order Number: 115006.00
Work Order Title: Ford Park Walkway Lighting
Section -26
19 26 05 33 13 1799 LF 1"Schedule 40 Polyvinyl Chloride(PVC)Conduit With Coupled End,Direct $12,594.69 Burial
Quantity Unit Price Factor Total
Installation 2,500.00 x 4.86 x 1.0366 12,594.69 Electrical Infrastructure underground conduit
20 26 05 33 13 1812 EA 1"Schedule 40 Polyvinyl Chloride(PVC)Conduit 90 Degree Elbow,Direct $2,991.01 Burial
Quantity Unit Price Factor Total
Installation 84.00 x 34.35 x 1.0366 2,991.01 Electrical Infrastructure underground conduit
21 26 05 83 00 0002 EA #6 AWG Compression Connection,Tape Wrapped Low Voltage,To 600 Volt $1,051.61 Quantity Unit Price Factor Total
Installation 72.00 x 14.09 x 1.0366 1,051.61 Electrical Infrastructure:waterproof connections,wrapped or re-enterable gel. 22 26 09 23 00 0122 EA On Board Dual Technology Occupancy/Photosensor For Light FixtureFactory $6,666.48 installed.
Quantity Unit Price Factor Total
Installation 39.00 x 164.90 x 1.0366 6,666.48 Title 24 Programmable Sensors Occupancy and Photocell
23 26 09 23 00 0122 0627 MOD For>20 To 40,Deduct -$333.53 Quantity Unit Price Factor Total
Installation 39.00 x -8.25 x 1.0366 -333.53 24 26 28 16 13 0044 EA 15 To 30 Amperes,2 Pole,240 Volt,Branch Circuit Breaker,18,000 Amperes $365.17 Interrupting Capacity
Quantity Unit Price Factor Total
Installation 2.00 x 147.70 x 1.0366 306.21 Demolition 2.00 x 28.44 x 1.0366 = 58.96 Electrical Infrastructure:New Circuits
25 26 56 13 00 0233 EA 15'High,4"OD, 11 Gauge,Square Straight,Steel Area Light Pole,Anchor $6,688.40 Base
Quantity Unit Price Factor Total
Installation 5.00 x 1,290.45 x 1.0366 6,688.40 Tot Lot Poles:LSI Duragrip 7yr warranty Spec SS 4SQ I S11 G15 BRZ DGP 26 26 56 13 00 0237 EA 25'High,4"OD, 11 Gauge,Square Straight,Steel Area Light Pole,Anchor $64,382.71 Base
Quantity Unit Price Factor Total
Installation 34.00 x 1,826.75 x 1.0366 = 64,382.71 Walkway Poles:LSI Duragrip 7yr warranty Spec SPL 4SQ I S11 G25 BRZ DGP 27 26 56 13 00 0237 0563 MOD For>20 To 40,Deduct -$3,830.01 Quantity Unit Price Factor Total
Installation 34.00 x -108.67 x 1.0366 = -3,830.01 28 26 56 19 00 0203 EA 7,180 Lumens,85 Watt,Arm Mount,Rectangular,LED Area Fixture(General $6,496.68 Electric EANA 0 C4 5 40 AA DKBZ)
Quantity Unit Price Factor Total
Installation 5.00 x 1,253.46 x 1.0366 6,496.68 Tot Lot Fixture Spec:Sylvania/Ledvance AREAFLD5AS80UNHD840T5BZ 29 26 56 19 00 0205 EA 15,400 Lumens,144 Watt,Arm Mount,Rectangular,LED Area Fixture $62,537.66 (General Electric EASC 0 F4 F 5 40 AA DKBZ)
Quantity Unit Price Factor Total
Installation 34.00 x 1,774.40 x 1.0366 62,537.66 Walkway Fixture Spec:Sylvania/Ledvance AREAFLD5AS3000NHD840T5BZ,21,000 Lumens Subtotal for Section -26 $179,312.38 Contractor's Price Proposal-Detail Page 3 of 4 1/3/2024
Exhibit 2 188
Contractor'si - Detail Continues..
Work Order Number: 115006.00
Work Order Title: Ford Park Walkway Lighting
Section -31
30 31 05 13 00 0009 CY Crushed Lime Rock Maximum 3-1/2" $173.11 Quantity Unit Price Factor Total
Installation 5.00 x 33.40 x 1.0366 173.11 Electrical Infrastructure underground vault drainage
31 31 05 13 00 0009 0053 MOD For Up To 8,Add $34.62 Quantity Unit Price Factor Total
Installation 5.00 x 6.68 x 1.0366 34.62 32 31 23 16 13 0004 CY 12"Wide or Less,Excavation for Trenching by Machine in Loose Rocklncludes $1,794.35 compacted aggregate
Quantity Unit Price Factor Total
Installation 100.00 x 17.31 x 1.0366 1,794.35 Earthwork/trenching/boring for electrical infrastructure. 33 31 23 16 13 0004 0062 MOD For>50 To 250,Add $448.85 Quantity Unit Price Factor Total
Installation 100.00 x 4.33 x 1.0366 448.85 34 31 23 16 13 0008 CY Excavation For Trenching By Hand In Loose Rock Or Compacted $8,589.61 Aggregatelncludes stockpiling excess materials and trimming sides and bottom of trench.
Quantity Unit Price Factor Total
Installation 39.00 x 212.47 x 1.0366 8,589.61 Earthwork/trenching/boring for electrical infrastructure.Hand work for existing obstructions:pipes,irrigation,oil, sidewalk,roots
35 31 23 16 13 0010 CY Backfilling or Placing Subbase for Trenches with Imported or Stockpiled $386.65 Materials by Machine
Quantity Unit Price Factor Total
Installation 100.00 x 3.73 x 1.0366 386.65 Earthwork/trenching/boring for electrical infrastructure. 36 31 23 16 46 0013 CY Compaction of Fill or Subbase by Hand At Exposed Underground Pipe Or $1,883.11 Structures
Quantity Unit Price Factor Total
Installation 39.00 x 46.58 x 1.0366 1,883.11 Earthwork/trenching/boring for electrical infrastructure.Hand work for existing obstructions:pipes,irrigation,oil, sidewalk,roots
Subtotal for Section -31 $13,310.30
Section -32
37 32 84 23 00 0119 EA 10"Round Irrigation Valve Box With Lid(Carson 910-10) $5,218.37 Quantity Unit Price Factor Total
Installation 39.00 x 129.08 x 1.0366 5,218.37 Electrical Infrastructure underground electrical pull vaults with locking lid 38 32 91 13 36 0018 SY Removal Of Sod By Hand $2,886.93 Quantity Unit Price Factor Total
Installation 500.00 x 5.57 x 1.0366 2,886.93 Earthwork/trenching/boring for electrical infrastructure.Hand work for Grass removal and replacement Subtotal for Section -32 $8,105.30
Proposal Total $249,909.48
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
Contractor's Price Proposal-Detail Page 4 of 4 1/3/2024
Exhibit 2 189
GORDIAN
Subcontractor Listing
Date: January 03,2024
Re: IQC Master Contract#: CA-R8-E01-123021-ABM
Work Order#: 115006.00
Owner PO#:
Title: Ford Park Walkway Lighting
Contractor: ABM Electrical&Lighting Solutions Inc.
Proposal Value: $249,909.48
NOM6 6fCw ntracfisr" Dufies'' Am01n1 ......... .......... ........, ........., ........, ........., ....., No Subcontractors have been $0.00 0.00
selected for this Work Order
Subcontractor Listing Page 1 of 1
1/3/2024
Exhibit 2 190
EXHIBIT "C"
SOURCEWELL DOCUMENTS
Exhibit "C" was too large to include in the agenda packet. If you would like to request a copy please contact the City Clerk's office at (562) 806-7704 or via email at cityclerkdesk(c-D_bellgardens.org Exhibit 2 ?61
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 7.
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: CITY COUNCIL APPOINTMENT TO EXTERNAL COMMITTEES DATE: January 8, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council make changes, reappointments, or appointments as necessary to the attached matrix of Council Appointments to External Regulatory and Advisory Boards, Commissions, and Committees.
BACKGROUND/DISCUSSION:
The City of Bell Gardens resides within a larger geo-political environment with a variety of complex issues and concerns. Council Members are typically appointed as representatives on various external boards, commissions, and committees who serve the larger geo-political region.
The Council typically makes revisions to the list (Exhibit 1)yearly following the annual Council reorganization. Exhibit 2 gives a brief description of what each board or committee does. The Council may also make appointment revisions to this list during the year as needs arise.
CONCLUSION:
By updating the Council Appointments to External Regulatory and Advisory Boards, Commissions and Committees Matrix, the City Council is assuring proper representation for the City of Bell Gardens in the larger geo-political region.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - External Committees Matrix
Exhibit 2 - External Committees
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, CityAttomey and/or Susie Altamirano,Assistant CityAttomey Manuel Carrillo, Director of Finance and Administrative Services 192
COUNCIL APPOINTMENTS TO EXTERNAL REGULATORY AND
ADVISORY BOARDS, COMMISSIONS AND COMMITTEES
California Cities for Self-
3rd Wednesday of each month, Francis de Leon
1 Reliance Joint Powers Marco Barcena
10:00 a.m. Rotating locations Sanchez
Authority
California Contract Cities 3rd Wednesday of each month, Jorgel Chavez
Association 6:30 p.m.
2 Mayor Automatic VACANT
Appointment
4th Wednesday of each month, 5:30
3 California Joint Powers p.m. Annual Board of Directors Marco Barcena Francis de Leon Insurance Authority Meeting is held the 3rd Wednesday Sanchez in July
Gateway Cities Council of 1st Wednesday of the month, Francis de Leon 4 Jorgel Chavez
Governments 5:30 p.m. Sanchez
Greater Los Angeles County 2nd Thursday of each month, Pedro Aceiuno NO ALTERNATE 5 Vector Control District 7:30 p.m. Qthru Jana 2, 2025) NEEDED 6 HUB Cities Consortium 3rd Thursday of each month, Maria Pulido Marco Barcena 5:15 p.m.
7 Independent Cities 2nd Thursday of each month Maria Pulido Francis de Leon Association except for August 7:00 p.m. Sanchez League of California Cities Los 1st Thursday of each month, 8 Angeles County Division 6:00 p.m. Annual Conference is held Jorgel Chavez Marco Barcena in September.
Los Angeles County City Meets as needed a Jorgel Chavez g y y approximately
9 Mayor Automatic VACANT
Selection Committee three to four times a year.
Appointment
Sanitation Districts of Los 2nd &4th Wednesday of each Jorgel Chavez 10 Mayor uto atic Marco Barcena Angeles County month, 1:30 p.m.
Appointment
Marco Barcena 11
Southeast Area Animal 3rd Thursday of each month, Francis de Leon Control Authority(SEAACA) 2:00 p.m. Sanchez Southeast Community Quarterly, no set meeting,
12 Jorgel Chavez Marco Barcena
Development Corporation date/time.
Southern California The General Assembly is held once a 13 Association of Governments year on the first Thursday and Friday Jorgel Chavez Marco Barcena in May.
Exhibit 1 193 Last Saved:2023-Dec-12 09:24:31
BELL GARDENS CITY COUNCIL
EXTERNAL COMMITTEE APPOINTMENTS
This list offers a brief description of each of the external committees and their regular meeting dates, times, and locations
California Cities for Self-Reliance Joint Powers Authority DELEGATE: FRANCIS DE I..EON SANCHEZ ALTERNATE: FRANCIS DE I..,EON SANCHEZ Meetings: 3'd Wednesday of each month, 10:00 am
12616 Central Ave.,Chino CA FORM 700&AB1234 FILING REQUIRED The Cities for Self-Reliance Joint Powers Authority was formed in July 2001 by the Cities of Bell Gardens,Commerce, Gardena, and Hawaiian Gardens. In July 2006, the existing Cities of the JPA admitted the Cities of Compton and Inglewood as Members of the JPA. The JPA's purpose is as follows: "To promote and protect the card club gaming economy of the State of California and of the Member Cities of this JPA" California Contract Cities Association
DELEGATE:J RGEL CHA EZ(Mayor automatic appointment) ALTERNATE:VACANT Meetings: 3'd Wednesday of each month,6:30 pm
17315 Studebaker Rd.,Suite 210,Cerritos,CA 90703 AB1234 FILING RE UIREM California Contract Cities Association (CCCA) is a collection of member cities united for a common cause. CCCA has grown from eight contracting or member cities to 67 member cities today with more than ten million residents.The general purpose of CCCA is to serve as a rallying point for cities contracting for municipal services so that we ensure our constituents the best service at the minimum cost.Through municipal seminars, education, and the exchange of ideas and information, our association combines resources to influence policy decisions affecting our member cities.
California Joint Powers Insurance Authority
DELEGATE: MARCO BARCENA ALTERNATE: FRANCIS DE LE ON SANCHEZ Meetings: 41h Wednesday of each month, 5:30 pm
Annual Board of Directors Meeting 3'd Wednesday in July,7:00 p.m. 8081 Moody St., La Palma,CA 90623
Cities have joined together to form the CJPIA for the purpose of providing liability protection for their members. The CJPIA is one of the largest municipal self-insurance pools in the state. The members take an active role in determining the programs and services that will be provided. A Board of Directors,consisting of one elected official appointed by each member City,governs the CJPIA.
Gateway Cities Council of Governments
DELEGATE: FRANCIS DE LE ON SANCHEZ ALTERNATE:J RGEL CHAVEZ Meetings: Board of Directors—1"Wednesday of each month,5:30 p.m. 16401 Paramount Blvd., Paramount,CA 90723 1'OR 7CB FILING RE UIREM The Gateway COG consists of 27 cities in Southeast Los Angeles County and numerous unincorporated communities of the County.The County of Los Angeles and the Port of Long Beach are also member agencies.The core mission is improving the region's transportation,air quality, housing,and economic health.
Updated 12/12/2023 1
Exhibit 2 194
Greater Los Angeles County Vector Control District
DELEGATE: PEDRO ACEITUNO(through Jan.2025) ALTERNATE: NO AI..IIFIERNATIE NEEDED Meetings: 2"d Thursday of each month,7:30 p.m.
12545 Florence Ave.,Santa Fe Springs,CA 90670 FORM 700&AB1234FILMING RE,EI UIRE,,ID A California governmental agency committed to promoting community health, comfort, and welfare through effective and responsive vector control. The staff of California-certified vector control professionals are experts in mosquito abatement operations,disease surveillance,and public health outreach.Protecting the health of the public in the 34 cities and areas of Los Angeles County served is our number one priority. We strive to accomplish our mission with care,courtesy,and professionalism.
Hub Cities Consortium
DELEGATE: MARIA PULIDO ALTERNATE: MARCO BARCIENA Meetings: 3'd Thursday of each month,5:15 pm
2677 Zoe Ave.2"d Floor, Huntington Park,CA 90201 FOR 2DD&AB1,234,FILING REQUIRED Hub Cities Consortium's (HCC) mission is to develop a world-class workforce by providing universal access to information and resources for jobseekers, businesses,and the community at large. By serving as the access point to workforce systems,empowering jobseekers,and by working with the business community to meet their needs,the HCC will advance the economic wellbeing of the region.
Independent Cities Association
DELEGATE: MARIA PULIDO ALTERNATE: FRANCIS DE LEON SANCHEZ Meetings: 2"dThursday of each month,7:00 pm
1049 Havenhurst Drive,#5 West Hollywood,CA 90046
Independent Cities Association is a nonprofit organization made up of 32 Southern California member cities focused on education, legislative advocacy, intergovernmental relationship, and other major issues that exceed the boundaries of its member cities.
League of California Cities
DELEGATE:JORGEL CHAVEZ ALTERNATE: MARCO BARCIENA
Meetings: 11 Thursday of each month,6:00 p.m. (Los Angeles County Division) Annual Conference
1400"K"St.,Suite 400,Sacramento,CA 95814(Sacramento)
P.O. Box 1444 Monrovia,CA 91017(Los Angeles County Division) The League of California Cities is an association of California city officials who work together to enhance their knowledge and skills,exchange information,and combine resources so that they may influence policy decisions that affect cities. The Los Angeles County Division is the largest of 16 regional divisions of the League of California Cities and is comprised of 86 cities in Los Angeles County,from the smallest in population (City of Vernon)to the largest (City of Los Angeles)of the state's 480 cities.
Los Angeles County City Selection Committee
DELEGATE:JORGEL CHAVEZ(Mayor automatic appointment) ALTERNATE: VACAN"IF Meetings: Meets three or four,times a year
Metropolitan Water District,700 N.Alameda Street, LA,CA 90012 Their duties are to appoint City representatives to such Boards, Commissions,and Agencies as may be required by law, i.e., LAFCO, South Coast Air Quality Management District, Los Angeles County Metropolitan Transportation Authority, Los Angeles County Hazardous Waste Management Advisory Committee; and to nominate for appointment Members to the California Coastal Commission. Members of the LA County City Selection Committee include the Mayor of each city within Los Angeles County. Each city appoints an elected official as a delegate to the Updated 12/12/2023 2
Exhibit 2 195
City Selection Committee;it usually is the Mayor.The term of office for each Member of the LA County City Selection Committee coincides with City Mayor terms,and the Committee meets three or four times a year,at the call of the Chairman.
Sanitation Districts of Los Angeles County (District No. 2) DELEGATE:I RGEI..,CHAVEZ(Mayor automatic appointment) ALTERNATE: MA11CO E II'1,CII,NA Meetings: 2"1&4"Wednesday of each month, 1:30 pm
1955 Workman Mill Rd.,Whittier,CA 90607 FOR 2CC&AB1,234 FILING REQUIRED The Sanitation Districts protect public health and the environment through innovative and cost-effective wastewater and solid waste management, and in doing so convert waste into resources such as reclaimed water, energy, and recycled materials. To maximize efficiency and reduce costs, the 23 Districts work cooperatively under a Joint Administration Agreement with one administrative staff headquartered near the City of Whittier. Each Sanitation District has a Board of Directors consisting of the mayor of each city, and the Chair of the Board of Supervisors for unincorporated territory within the District. Each District pays its proportionate share of joint administrative costs.
Southeast Area Animal Control Authority (SEAACA)
DELEGATE: IIMARCO BARCI!;NA ALTERNATE: FRANCIS DE LE ON SANCHEZ Meetings: 3'd Thursday of each month,2:00 p.m.
9777 SEAACA St., Downey,CA 90241 F RII 2CC&AB1,234HILIING REQUIRED Founded in 1975, SEAACA is a municipal joint-powers agency serving 13 cities in Los Angeles County. SEAACA provides Animal Services to the cities of Bell Gardens, Bellflower, Buena Park, Downey, Lakewood, La Palma, Montebello, Norwalk, Paramount, Pico Rivera,Santa Fe Springs,South El Monte,South Gate,and Vernon.SEAACA's Shelter and Animal Wellness Clinic are open to all.
Southeast Community Development Corporation
DELEGATE:I RGEL CHAVEZ ALTERNATE: MARCO BARCENA
Meetings: Quarterly, no set meeting date/time
6423 E. Florence Place Suite 103, Bell Gardens,CA 90201 The Southeast Community Development Corporation(SCDC),a non-profit organization,was incorporated on May 4, 1994,and was conceived from the realization that serious social and economic problems existed in the Southeast's eight-member cities. Elected officials from the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate, and Vernon were brought together to address issues of economic development from a regional perspective. The SCDC was created on the belief that community problems must be solved by the community itself and is committed to utilizing resources within the community.With local funding sources,the SCDC has continued to be a strong investment in the communities it serves.
Southern California Association of Governments
DELEGATE:J RGEL CHAVEZ ALTERNATE: MARCO BARCENA Meetings: Executive Board and subcommittee meetings are called as necessary. The General Assembly is held once a year on the first Thursday and Friday in May. 900 Wilshire Blvd.,Ste. 1700, Los Angeles,CA 90017 F RII 2CC FRIIING RE UIRED SCAG is the nation's largest metropolitan planning organization,representing six counties, 189 cities,and more than 19 million residents. SCAG undertakes a variety of planning and policy initiatives to encourage a more sustainable Updated 12/12/2023 3
Exhibit 2 196
Southern California now and in the future. Under the guidance of the Regional Council and in collaboration with its partners,SCAG's mission is to facilitate a forum to develop and foster the realization of regional plans that improve the quality of life for Southern Californians.
Updated 12/12/2023 4
Exhibit 2 197
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 8.
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: LOCAL COMMISSIONS APPOINTMENT LIST
DATE: January 8, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
BACKGROUND/DISCUSSION:
The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state- mandated AB 1234 ethics training and AB 1661 harassment training.
Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority.Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.
CONCLUSION:
After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of I nterest Code forms and schedule trainings forAB 1234 and AB 1661.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Commissioner Roster
Exhibit 2 - Notice of Vacancies
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, CityAttomey and/or Susie Altamirano,Assistant CityAttomey Manuel Carrillo, Director of Finance and Administrative Services 198
CITY OF BELL GARDENS
ROSTER OF CITY COMMISSIONS
Updated 12/13/2023
APPOINTEDNAME - •
i'
Kristina Paulo Barcena 1/9/2023
Miguel Flores Chavez 3/22/2021
Victoria Mirembe Gomez 11/13/2023
Jeanette Beltran Pulido 12/11/2023
/
I /
J
/ I
J
/
/
Armando Barcena Barcena 1/9/2023
Miguel De La Rosa Chavez 1/11/2021
Gustavo Mendez Gomez 8/28/2023
Oscar Boado De Leon Sanchez 9/11/2023
Andrew Leon Pulido 11/13/2023
/
/
/ r i i
/
/
Isabel Duron Barcena 1/9/2023
Tiara Solorzano Chavez 1/25/2021
Katelynn Cabrera Gomez 10/23/2023
Cecilia Diaz-Jimenez De Leon Sanchez 1/23/2023 Cindy Alvarado Pulido 2/27/2023
/
I I 1,
i
Ana Maria Sanchez Flores Barcena 1/9/2023
Diana Rivera Chavez 1/9/2023
Stephanie Perez De Leon Sanchez 1/23/2023
Ernesto Ramirez Pulido 12/11/2023
/ 1
/
J
/
/
/
/
David Heredia Barcena 1/9/2023
Carlos Jose Barrera Chavez 1/11/2021
Raul Velasco Gomez 10/9/2023
Hugo Alvarado De Leon Sanchez 1/9/2023
Jayson Gavilanes Pulido 1/11/2021
1F2filft 3 199
C ity of e11G azdens
gnu NOTICE OF COMM ISSION
VAC AN C IE S
The C Ir C ounralis sB6dig appkathns for the fomw ng vacanres:
NAME APPOINTED BY I NOTICE APPOINTMENT DATE POSTED
EDUCATION COMMISSION
Victoria Mirembre Gomez 1/09/2023
Jeanette Beltran Pulido 12/11/2023
VACANT De Leon Sanchez 8/30/2023
Kristina Paulo Barcena 1/09/2023
Miguel Flores Chavez 3/22/2021
PLANNING COMMISSION
Gustavo Mendez Gomez 8/28/2023
Andrew Leon Pulido 11/13/2023
Oscar Boado De Leon Sanchez 9/11/2023
Armando Barcena Barcena 1/09/2023
Miguel De La Rosa Chavez 1/11/2021
RECREATION, CULTURAL AND YOUTH COMMISSION
Katelynn Cabrera Gomez 10/23/2023
Cindy Alvarado Pulido 2/27/2023
Cecilia Diaz-Jimenez De Leon Sanchez 1/23/2023 Isabel Duron Barcena 1/09/2023
Tiara Solorzano Chavez 1/25/2021
SENIOR CITIZEN COMMISSION
VACANT Gomez 7/5/2023
Ernesto Ramirez Pulido 12/11/2023
Stephanie Perez De Leon Sanchez 1/23/2023
Ana M Sanchez Flores Barcena 1/09/2023
Diana Rivera Chavez 1/09/2023
TRAFFIC AND SAFETY COMMISSION
Raul Velasco Gomez 10/09/2023
Jayson Gavilanes Pulido 1/11/2021
Hugo Alvarado De Leon Sanchez 1/09/2023
David Heredia Barcena 1/09/2023
Carlos Jose Barrera Chavez 1/11/2021
Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk's Office: 7100 Garfield Ave, Bell Gardens, CA 90201.
Applications will be accepted in the City Clerk's Office on a continuous basis until an appointment is made.
Please call the City Clerk's Office at(562) 806-7705 for more information. a
Daisy Gomez
City Clerk
Updated: 12/14/2023
Exhibit 2 200