CITY OF BELL GARDENS
q)) CITY COUNCIL/SUCCESSORAGENCYTO THE COMMUNITY
DEVELOPMENT COMMISSION
JOINT MEETING
t� MONDAY, JANUARY 8, 2024, 6:00 PM
AGENDA
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in-person or virtually as instructed below. You may view the meeting live on the City's website at https://www.beligardens.org/i-want-to/watch-city-council-meetings .
ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than 72-hours before the scheduled meeting.
PUBLIC PARTICIPATION: The members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments for non- agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:
IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City Council /Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed.
BY TELEPHONE: Phone Number: (669)9 -92 Webinar I D: 813 3236 4343# Passcode: 202 To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.
VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting I D: 813 3236 4343 Passcode: 22
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.
WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council /Agency Members prior to consideration of the agenda, please submit 1 comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council/SuccessorAgency and will be part of the official public record of this meeting.
For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at(562)806-7704.
PUBLIC HEARING: Public participation will be separately called for the public to provide comments at the time of each public hearing item. Speakers who wish to provide a comment should do so by submitting a "Public Comment Card" to the staff liaison, clerk, prior to the designated public comment period.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION MEMBERS
Gabriela Gomez, Council Member/Agency Member
Maria Pulido, Council Member/Agency Member
Francis De Leon Sanchez, Council Member/Agency Member
Marco Barcena, Mayor Pro Tern /Vice Chair
Jorgel Chavez, Mayor/Chair
PRESENTATIONS
• CERTIFICATE OF RECOGNITION TO THE BELL GARDENS POLICE OFFICER'S
FOR THEIR COURAGEOUS AND LIFESAVING ACTION AT THE SCENE OF A HOUSE FIRE ON DECEMBER 17, 2023
• CERTIFICATE OF RECOGNITION -SHANA MARQUEZ WITH TOUCHPOINT CHURCH • CERTIFICATE OF RECOGNITION - HOLIDAY HOME DECORATING CONTEST
PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL/SUCCESSOR AGENCY
During this time, the members of the public may address the City Council / Successor Agency regarding any items within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items.
Government Code Section 54590 prohibits the City Council / Successor Agency from taking action or engaging in discussion on a specific item unless it appears on the agenda.
PUBLIC COMMENTS ONAGENDAITEMS ONLY
During this time, the members of the public may address the City Council /Agency Members regarding any items listed on the agenda. Public comments are limited to 3 minutes per person.
CITY MANAGER'S REPORT
CONSENT CALENDAR(Item Nos. 1 -5)
2 All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / SuccessorAgency request specific items to be removed from the Consent Calendar for separate action.
Items called for separate discussion will be heard as the next order of business.
1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.
Recommendation:
It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
2. APPROVAL MINUTES OF DECEMBER 11, 2023 CITY / SUCCESSOR AGENCY JOINT
MEETING
Approve the minutes of the December 11, 2023 City/SuccessorAgency Joint Meeting.
Recommendation:
It is staff's recommendation that the City Council approve the minutes of the December 11, 2023 City/SuccessorAgency Joint Meeting.
3. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 11/28/23, 11/30/23, 12/05/23, 12/12/23, 12/14/23 and 12/19/23.
4. WARRANT REGISTER SUCCESSORAGENCY
n approving the action of receiving and filing the warrant registers, the official minutes of the SuccessorAgency should state that each individual member of the SuccessorAgency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benefits the same named Successor Agency Member. Each Successor Agency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor Agency Member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 12/12/23 and 12/19/23.
3 5. PURCHASE OF POLICE EQUIPMENT
The Police Department needs to purchase and replace out-of-date duty handguns and rifles used by patrol officers and the Special Operations Team (SOT). The current duty handguns are over ten years old and the rifles are over 15 years old. The industry standard is to replace this equipment every five years.
Recommendation:
It is staff's recommendation that the City Council adopt the attached Resolution approving an agreement with Proforce Marketing, Inc. dba Proforce Law Enforcement to purchase and replace duty handgun and rifles.
DISCUSSION (Items No. 6-8)
6. RESOLUTION APPROVING AN AGREEMENT FOR THE PURCHASE AND
INSTALLATION OF NEW POLE LED LIGHTING AT JOHN ANSON FORD PARK Consideration of a Resolution approving an agreement with ABM Electrical & Lighting Solutions, Inc. formerly known as ABM Industries, Inc. for the purchase and installation of new pole LED walkway lighting at John Anson Ford Park.
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.
7. CITY COUNCIL APPOINTMENT TO EXTERNAL COMMITTEES City Council Members serve on various external boards and committees, representing the City of Bell Gardens. This report provides a listing of all the boards and committees and the names of the Council Members that serve on the boards/committees. The Council may make appointment revisions to this list at this time.
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.
8. LOCAL COMMISSIONS APPOINTMENT LIST
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 working days after the posting of the vacancy notice.
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.
CITY COUNCIL/SUCCESSORAGENCY MEMBER COMMENTS
4 ADJOURNMENT
Daisy Gomez, City Clerk
Agenda posted on January4, 2024.
5 CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 1.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 DATE: January 8, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
BACKGROUND/DISCUSSION:
In order to expedite the conduct of business at Council meetings, California State Law(California Government Code Section 36934) allows Ordinances to be read by title if a majority of the Council supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.
Since most of the Ordinances introduced and adopted consist of multiple pages of technical language, reading by title only allows the Council to eliminate the communication of redundant information and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.
CONCLUSION:
Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.
FISCAL IMPACT:
No fiscal impact.
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 6 CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 2.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, Executive Director
BY: Daisy Gomez, City Clerk
SUBJECT: APPROVAL MINUTESOFDECEMBER11, 2023 CITY/SUCCESSOR AGENCY JOINT
MEETING
DATE: January 8, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council approve the minutes of the December 11, 2023 City/Successor Agency Joint Meeting.
BACKGROUND/DISCUSSION:
Every City/Successor Agency Joint Meeting the City Clerk documents the actions made by the Agency Members/City Council.
CONCLUSION:
If approved, the minutes of the City/Successor Agency Joint Meeting will be archived in the City Clerk's Office.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Minutes of December 11, 2023 Regular City Council/Successor Agency Joint Meeting 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 7 CITY OF BELL GARDENS
CITY COUNCIL/SUCCESSORAGENCYTO THE COMMUNITY
DEVELOPMENT COMMISSION
JOINT MEETING
t� MONDAY, DECEMBER 11, 2023, 6:00 PM
MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA90201 PUBLIC PARTICIPATION: The members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments for non- agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:
IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City Council /Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed.
BY TELEPHONE: Phone Number: (669)9 -92 Webinar I D: 813 3236 4343# Passcode: 202 To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.
VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting I D: 813 3236 4343 Passcode: 22
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.
WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council /Agency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council/SuccessorAgency and will be part of the official public record of this meeting.
For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at(562)806-7704.
PUBLIC HEARING: Public participation will be separately called for the public to provide comments at the time of each public hearing item. Speakers who wish to provide a comment should do so by submitting a "Public Comment Card" to the staff liaison, clerk, prior to the designated public comment period.
Exhibit 1 8
CALL TO ORDER
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on December 11, 2023, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Francis De Leon Sanchez presiding. Mayor Francis De Leon Sanchez called the joint meeting to order at 6:05 p.m.
INVOCATION
The invocation was given by Minister Daniel Anguiano.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Girl Scout Brownie Troop#2543.
ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION MEMBERS
Present:
Marco Barcena,Agency Member/Council Member
Gabriela Gomez,Agency Member/Council Member
Maria Pulido,Agency Member/Council Member(joined the meeting at 6:49 pm) Jorgel Chavez, Vice Chair/Mayor Pro Tern
Francis De Leon Sanchez, Chair/Mayor
Absent:
None
PRESENTATIONS
• CERTIFICATE OF RECOGNITION - JOSE AGUIRRE FOR ACHIEVING THE
ASSOCIATE OF OCCUPATIONAL STUDIES DEGREE
Councilmember Marco Barcena read the certificate of recognition and presented it Jose Aguirre. • CERTIFICATE OF RECOGNITION FOR RESIDENT VOLUNTEERS - ESTELA MATA,
MONICA KAKIMOTO, LUCIA VELOZ,AND MARIA PADILLA
Councilmember Marco Barcena read the certificates of recognition and presented it Estela Mata, Monica Kakimoto, Lucia Veloz, and Maria Padilla.
• RECOGNITION FOR SERGEANT R. CATANI AND OFFICER N. ROBLES Mayor Francis De Leon Sanchez read the certificates of recognition and presented it Sergeant R. Catani and Officer N. Robles.
• RECOGNITION TO THE BELL GARDENS POLICE DEPARTMENT COMMUNITY POLICE ACADEMY CLASS CC-03 FOR COMPLETION OF THE SIX WEEK ACADEMY Mayor Pro Tern Jorgel Chavez read the certificates of recognition and presented it to the academy graduates: Alma Garcia, Aracely Zamora, Cecilia Cerda, Guillermo Torres, Iris Violeta Hemandez, Margarita Garcia, Maria Gema Martinez, Maria Padilla, Maria Peralta, Martha Cabral, Martha Carrasco, Exhibit 1 9
Pedro Casillas, Silvestre Noyola, and TalpaAngulo.
• RETIREMENT RECOGNITION FOR CHIEF OF POLICE SCOTT FAIRFIELD Mayor Francis De Leon Sanchez read the certificate of recognition and presented it Chief of Police Scott Fairfield.
PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL/SUCCESSORAGENCY
City Clerk Daisy Gomez announced that there were no written comments received.
Anthony Mondragon spoke regarding the leaving and new Chief of Police.
Bruce Crow spoke regarding various topics.
Armando Herman spoke regarding various topics and provided documentation.
Rogelio Rodriguez spoke regarding rent control and other various topics.
Nestor Gomez spoke regarding rent control.
Armando Velasquez spoke regarding Kiwanis Club and requested for support and provided documentation.
Estevan Figueroa spoke regarding the leaving Chief of Police.
Martha Carrasco spoke regarding the leaving and new Chief of Police.
Alex Alvarez spoke regarding rent control.
PUBLIC COMMENTS ONAGENDAITEMS ONLY
City Clerk Daisy Gomez announced that there were no written comments received.
Bruce Crow spoke regarding Item Nos. 10 and 15.
Armando Herman spoke regarding Item No. 15.
CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided a brief report.
CONSENT CALENDAR(Item Nos. 1 - 14)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / SuccessorAgency request specific items to be removed from the Consent Calendar for separate action.
Items called for separate discussion will be heard as the next order of business.
Exhibit 1 10
A motion was made by Councilmember Marco Barcena seconded by Mayor Francis De Leon Sanchez to approve Consent Calendar Item Nos. 1 - 14.
The motion carried 5-0 with the following vote for Item Nos. 1 - 14:
AYES: Barcena, Gomez, Pulido, Chavez, De Leon Sanchez
NOES: None
ABSENT: None
ABSTAIN: None
1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.
Recommendation:
It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
2. APPROVAL MINUTES OF NOVEMBER 13, 2023 CLOSED SESSION AND CITY /
SUCCESSOR AGENCY JOINT MEETINGS
Approve the minutes of the November 13, 2023 Closed Session and City/Successor Agency Joint Meetings.
Recommendation:
It is staff's recommendation that the City Council approve the minutes of the November 13, 2023 Closed Session and City/Successor Agency Joint Meetings.
3. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 10/26/23, 10/31/23, 11/02/23, 11/07/23, 11/14/23, 11/16/23 and 11/21/23.
4. WARRANT REGISTER SUCCESSORAGENCY
n approving the action of receiving and filing the warrant registers, the official minutes of the Successor Agency should state that each individual member of the Successor Agency is not voting Exhibit 1 11
on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benefits the same named Successor Agency Member. Each Successor Agency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor Agency Member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is staff's recommendation that the Successor Agency Members receive and file the warrant registerdated 11/21/23.
5. SEPTEMBER2023 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the C ity.
Recommendation:
It is recommended that the City Council receive, approve, and file the September 2023 Treasurer's Report.
6. OCTOBER2023 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the C ity.
Recommendation:
It is recommended that the City Council receive, approve, and file the October 2023 Treasurer's Report.
7. SUCCESSOR AGENCY APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENTS SCHEDULE 2024-25 AND THE JULY 1, 2024 — JUNE 30, 2025 ADMINISTRATIVE BUDGET
Agenda item to present the ROPS 2024-25 and the fiscal year 2024-2025 Administrative Budget to the Successor Agency with a recommendation to adopt a resolution approving the ROPS 2024- 2025 and the fiscal year 2024-2025 Administrative Budget.
Recommendation:
It is staff's recommendation that the Successor Agency (SA) by motion adopt the attached Resolution approving:
1. Recognized Obligations Payment Schedule 24-25 (ROPS 24-25) which details the obligations of the SA for the period July 1, 2024 through June 30, 2025; and
2. Proposed Administrative Budget for July 1, 2024 through June 30, 2025.
SuccessorAgency Resolution No. 2023-05 was approved.
8. A RESOLUTION OF THE CITY OF BELL GARDENS ESTABLISHING A POLICY THAT
DELEGATES TORT LIABILITY CLAIMS HANDLING RESPONSIBILITIES TO THE
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA) AS AUTHORIZED BY GOVERNMENT CODE SECTIONS 910, ET SEQ.
Exhibit 1 12
Delegation of authority to the California Joint Powers Insurance Authority(CJPIA).
Recommendation:
It is the staff's recommendation that the City Council approve the attached Resolution, establishing a policy that delegates tort liability claims handling responsibilities to the CJPIA as authorized by Government Code sections 910 et seq.
Resolution No. 2023-110 was approved.
9. A RESOLUTION AUTHORIZING TRANSFER AND ACCEPTANCE OF PROPERTY LOCATED AT 5811-1/2 LIVE OAK STREET
Consideration of a resolution transferring property at 5811-1/2 Live Oak Street from Prime/Fit, LLC, to the Successor Agency to the former Bell Gardens Community Development Commission, followed by a transfer of the property to the City of Bell Gardens.
Recommendation:
It is staff's recommendation that the SuccessorAgency:
1. Find the proposed transfer of the property located at 5811 1/2 Live Oak Street (APN: 6227- 004-800) ("Property" or"Little Rectangle")from Prime Frit El Portal, LLC, a California limited liability company ("Prime/Frit") to the City of Bell Gardens as Successor Agency to the Former Bell Gardens Community Development Commission ("Successor Agency") is exempt from the California Environmental Quality Act, pursuant to CEQA Guidelines section 15312.
2. Adopt Successor Agency Resolution No. 2023-06, attached hereto as Exhibit 1, approving and accepting the transfer of the Property Prime/Frit to the City of Bell Gardens as Successor Agency to the Former Bell Gardens Community Development Commission ("SuccessorAgency') by Quitclaim Deed (Exhibit Ato the SuccessorAgency Resolution No. 2023-06).
3. Accept transfer of the Property by execution of a Certificate of Acceptance (Exhibit A to the SuccessorAgency Resolution No. 2023-06).
4. Approve the subsequent transfer of the Property to the City of Bell Gardens ("City') in order for the City to maintain the current wireless lease on the Property, via Quitclaim Deed (Exhibit B to the SuccessorAgency Resolution No. 2023-06).
5. Declare the Property as exempt surplus land under the Surplus Land Act pursuant California Government Code section 54221(f)(1)(D) as it will be transferred to local agencies, the SuccessorAgency and subsequently, the City, for use of the Property as a cell tower site.
It is also staff's recommendation that the City Council:
1. Find the proposed acceptance of the Property from the Successor Agency is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines sections 15312 and 15061(b)(3).
2. Adopt City Council Resolution No. 2023-111, attached hereto as Exhibit 2, approving and accepting the transfer of the Property from the Successor Agency by Quitclaim Deed via Deed (Exhibit A to the City Council Resolution No. 2023-111).
3. Accept transfer of the Property by execution of a Certificate of Acceptance (Exhibit A to the City Council Resolution No. 2023-111).
4. Accept transfer of the overhang easement from Prime/Frit (Exhibit B to the City Council Resolution No. 2023-111).
Exhibit 1 13
SuccessorAgency Resolution No. 2023-06 was approved.
Resolution No. 2023-111 was approved.
10. A RESOLUTION AUTHORIZING ACCEPTANCE OF THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION SUSTAINABLE TRANSPORTATION PLANNING GRANT
FUNDING
Consideration of a resolution authorizing acceptance of the California Department of Transportation Sustainable Transportation Planning Grant funding to a specific citywide project.
Recommendation:
It is recommended that the City Council:
1. Adopt a Resolution authorizing acceptance of the California Department of Transportation Sustainable Transportation Planning Grant funding; and
2. Rescind Resolution No. 2023-083.
Resolution No. 2023-112 was approved.
11. CONSIDERATION OF APPROVAL OF A RESOLUTION EXTENDING AN AMENDMENT
TO THE GROSS REVENUE LICENSE FEE IMPOSED ON PARKWEST BICYCLE CASINO
Adopt the attached Resolution extending an amendment to the gross revenue license fee imposed on Parkwest Bicycle Casino for a limited time period ending on April 30, 2024.
Recommendation:
It is staff's recommendation that the City Council adopt the attached Resolution extending an amendment to the gross revenue license fee imposed on Parkwest Bicycle Casino for a limited time period ending on April 30, 2024.
Resolution No. 2023-113 was approved.
12. ACCEPTANCE OF THE 2022 SHSP GRANT FUNDING
The Police Department will be utilizing the 2022 State Homeland Security Program (SHSP) grant funding to enhance cybersecurity equipment such as: hardware, computer(s), firewall systems, and/or mobile police vehicle radios. This equipment will reinforce security in an effort to prevent cyber-attacks.
Recommendation:
It is staff's recommendation that the City Council adopt the attached Resolution thereby accepting grant funds and authorizing the Police Department to begin expending these funds.
Resolution No. 2023-114 was approved.
13. RESOLUTION APPROVING A FOURTH AMENDMENT TO ENGINEERING SERVICES AGREEMENT WITH BOWMAN INFRASTRUCTURE ENGINEERS LTD. DBA
INFRASTRUCTURE ENGINEERS TO EXTEND THE TERM FOR ONE ADDITIONAL MONTH
Consideration of a Resolution approving a Fourth Amendment to the Engineering Services Agreement with Bowman Infrastructure Engineers Ltd. dba Infrastructure Engineers to extend the term through January 31, 2024.
Exhibit 1 14
Recommendation:
It is staff's recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute the Fourth Amendment with Bowman Infrastructure Engineers Ltd. dba Infrastructure Engineers.
Resolution No. 2023-115 was approved.
14. RESOLUTION APPROVING A FIRST AMENDMENT TO PUBLIC TRANSIT SERVICES
AGREEMENT WITH PCAM, LLC DBA PARKING COMPANY OF AMERICA TO EXTEND
THE TERM FOR ONE ADDITIONAL YEAR
Consideration of a Resolution approving a First Amendment to the Public Transit Services Agreement with PCAM, LLC dba Parking Company of America to extend the term through December 31, 2024.
Recommendation:
It is staff's recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute the FirstAmendment with PCAM, LLC dba Parking Company of America.
Resolution No. 2023-116 was approved.
DISCUSSION (Item Nos. 15 - 17)
15. APPROVAL OF SECOND AMENDMENT TO THE EXISTING AGREEMENT FOR CITY
ATTORNEY SERVICES WITH OLIVAREZ MADRUGA LAW ORGANIZATION, LLP Consideration of approval of Second Amendment to the existing agreement for City Attorney Services with Olivarez Madruga Law Organization, LLP.
Recommendation:
It is staff's recommendation that the City Council:
1. Consider and approve the Second Amendment to the existing Agreement for City Attorney Services with Olivarez Madruga Law Organization, LLP, in accordance with Government Code Sections 53262, 54953(c)(3)and 54956(b); and
2. Authorize the City Manager to make nonmaterial changes and execute all implementing documents.
Pursuant to Government Code Section 84308 Mayor Pro Tern Jorgel Chavez recused. In the previous 12 months, he received campaign contribution in excess of$250 from the contracting party.
A motion was made by Mayor Francis De Leon Sanchez, seconded by Councilmember Maria Pulido to approve staff's recommendation.
The motion carried 4-0-0-1 with the following vote:
AYES: Barcena, Gomez, Pulido, De Leon Sanchez
NOES: None
ABSENT: None
ABSTAIN: Chavez
16. LOCAL COMMISSIONS APPOINTMENT LIST
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Exhibit 1 15
Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 working days after the posting of the vacancy notice.
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.
A motion was made by Councilmember Maria Pulido, seconded by Mayor Francis De Leon Sanchez to appoint Jeanette Beltran to the Education Commission and appoint Ernesto Ramirez to the Senior Citizen Commission.
The motion carried 5-0 with the following vote:
AYES: Barcena, Gomez, Pulido, Chavez, De Leon Sanchez
NOES: None
ABSENT: None
ABSTAIN: None
17. REORGANIZATION AND SELECTION OF MAYOR/CHAIRPERSON AND MAYOR PRO
TEM/VICE CHAIRPERSON
The City Clerk will call for nominations and voting for Mayor/Chair and Mayor Pro Tem/Vice Chair of the City of Bell Gardens City Council and Successor Agency to the Community Development Commission.
Recommendation:
It is staff recommendation that the City Council by motion organize and select a Mayor/Chairperson and Mayor Pro Tem/Vice Chairperson at the first regular meeting in December per Bell Gardens Municipal Code 2.04.020(c)and Government Code 36801.
The following local dignitaries congratulated the outgoing and incoming mayor and mayor pro tem: City of Montebello Mayor David Torres; Field Representative Vanessa Bautista with State Senator Lena Gonzalez Office; City of Lynwood Mayor Jose Luis Solache, Councilmembers Oscar Flores and Juan Guevara; and Southeast Los Angeles Field Deputy German Castilla with Los Angeles County Supervisor Janice Hahn's Office.
Councilmember Jorgel Chavez presented an award of recognition to Councilmember Francis De Leon Sanchez for her service as Mayor.
Councilmember Francis De Leon Sanchez presented an award of recognition to Councilmember Jorgel Chavez for his service as Mayor Pro Tem.
A nomination was made by Councilmember Marco Barcena to appoint Jorgel Chavez as Mayor.
A motion was made by Councilmember Marco Barcena, seconded by Councilmember Francis De Leon Sanchez to close nominations for the Mayor position.
The motion carried 5-0 with the following vote:
Exhibit 1 16
AYES: Barcena, Gomez, Pulido, Chavez, De Leon Sanchez
NOES: None
ABSENT: None
ABSTAIN: None
A motion was made by Councilmember Marco Barcena, seconded by Councilmember Francis De Leon Sanchez to appoint Jorgel Chavez as Mayor.
The motion carried 5-0 with the following vote:
AYES: Barcena, Gomez, Pulido, Chavez, De Leon Sanchez
NOES: None
ABSENT: None
ABSTAIN: None
A nomination was made by Councilmember Francis De Leon Sanchez to appoint Marco Barcena as Mayor Pro Tem.
A motion was made by Councilmember Francis De Leon Sanchez, seconded by Councilmember Gabriela Gomez to close nominations for the Mayor Pro Tem position.
The motion carried 5-0 with the following vote:
AYES: Barcena, Gomez, Pulido, Chavez, De Leon Sanchez
NOES: None
ABSENT: None
ABSTAIN: None
A motion was made by Councilmember Francis De Leon Sanchez, seconded by Councilmember Gabriela Gomez to appoint Marco Barcena as Mayor Pro Tem.
The motion carried 5-0 with the following vote:
AYES: Barcena, Gomez, Pulido, Chavez, De Leon Sanchez
NOES: None
ABSENT: None
ABSTAIN: None
CITY COUNCIL/SUCCESSOR AGENCY MEMBER COMMENTS
Members of the Council and SuccessorAgency made community announcements and comments.
ADJOURNMENT
Mayor Jorgel Chavez adjourned the meeting at 7:48 p.m.
Daisy Gomez, City Clerk
Agenda posted on December 7, 2023.
Exhibit 1 17
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 3.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance &Administrative Services SUBJECT: WARRANT REGISTERS AND WIRE TRANSFERS
DATE: January 8, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 11/28/23, 11/30/23, 12/05/23, 12/12/23, 12/14/23 and 12/19/23.
BACKGROUND/DISCUSSION:
The attached warrant registers, wire transfers, and net payrolls are for 11/28/23, 11/30/23, 12/05/23, 12/12/23, 12/14/23 and 12/19/23. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above referenced dates.
CONCLUSION:
If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 11/28/23, 11/30/23, 12/05/23, 12/12/23, 12/14/23 and 12/19/23 will be received and filed.
FISCAL IMPACT:
'I otal Bank $31&9701.71
'I otal Bank $48911�9.78
'I otal Bank $22'1A821.152
18 ATTACHMENTS:
Exhibit 1-Warrant Register
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
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CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 4.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance &Administrative Services SUBJECT: WARRANT REGISTER SUCCESSORAGENCY
DATE: January 8, 2024
RECOMMENDATION:
It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 12/12/23 and 12/19/23.
BACKGROUND/DISCUSSION:
The attached warrant register is for 12/12/23 and 12/19/23. The warrant register reflects the obligation of the Successor Agency to the Community Development Commission (Successor Agency) for the above referenced date.
CONCLUSION:
If the recommendation to the Successor Agency Members is approved, then the warrant register dated 12/12/23 and 12/19/23 will be received and filed.
FISCAL IMPACT:
Warrant...re.......iste.r.. 1.2/1..2/23...... ............................................1..2938............................................II ..........................1..5...24.3..75... g pp pp $ ,
.......................................................................................I I�....................................................I I�...........................................................................................................................a�.................................................................................. pp pp Total Voucher �II $15,243.75 .. .. IIE .. ..11� .. ..V� .. =
Wire transfer 12/19/23 1887 $17,124.20
Warrant register��12/19/23 �� 12939
pp pp Total Voucher �II $38,877.95 Grand Total Voucher $54,121.70
ATTACHMENTS:
Exhibit 1-Warrant Register
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
61 Stephanie Vasquez, City Attorney and/or Susie Altamirano,Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 62 U*) C) Ln to LO
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CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 5.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, Executive Director
BY: Scott Fairfield, Chief of Police
Rigo Barrios, Lieutenant
SUBJECT: PURCHASE OF POLICE EQUIPMENT
DATE: January 8, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council adopt the attached Resolution approving an agreement with Proforce Marketing, Inc. dba Proforce Law Enforcement to purchase and replace duty handgun and rifles.
BACKGROUND/DISCUSSION:
The City of Bell Gardens (City) provides various services for its residents. One service that is provided is public safety through police services. The Bell Gardens Police Department (Department) use various pieces of equipment in order to provide safety for the community. Duty handguns and rifles are utilized by police officers in order to accomplish their duties. The Department also has a Special Operations Team that utilizes special weapons, specifically a rifle.
The industry standard for replacing weapons is every five years. This replacement standard is due to the fact that internal parts and barrels start to deteriorate after a certain period of time. Failure to comply with the industry standard increases the level of liability and decreases the level of safety. According to department records, the handguns were purchased in 2013 and most of the rifles were purchased in 2008 and prior.
Technology has advanced in the field of firearms for example many firearms are equipped with better lights and better sighting systems. Most of our weapons have these accessories however they are also outdated as they were purchased over ten years ago. Much research and evaluation took place in order to produce recommendations for replacing the Department's firearms.
The Department conducts quarterly firearms training for all officers. Additionally, the Special Operations Team conducts firearms and tactics training monthly. Firearms, tactics, and real-life operations have enabled the Department to test and evaluate various firearms and firearm accessories. Much feedback is derived from officers as well as officers from surrounding agencies.
Cooperative Purchasing through Purchasing Cooperative of America(PCA) 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. The City is a member of Purchasing Cooperative of America (PCA), and membership entitles the City to access competitively bid national contracts.
PCA is a national cooperative. PCA is based in Texas and all PCA contracts are written to be used by local, state 65 and Federal government agencies, educational institutions, Indian tribal governments, and non-profit, non-taxed organizations in all 50 states, U.S. Territories, Canada and Mexico.
PCA contracts re awarded followinglegally r r Contracts r competitively i procedure procurement r cing statutes as well as the applicableFederal Acquisitions Regulations reference.
PCA contracts r r Awarding rnment Agency by the Board of Directorsr Council, using competitive solicitation process consistentprocurement r ci laws and regulations.
PCA issued Request for Proposals for Fire, Safety, Security, ill ipment, Service and RelatedItems, RFP #OD-337-21. On FebruaryProforce r i , c. dba Proforcer (Proforce) was awardedr ct # PCA OD-337-21 namingi ri r of law enforcementfirearms i , managingretail and trader i t products throughouti .
The Department reached out to Proforce to solicit a quote for the necessary equipment, based on the PCA Contract pricing. It is important to note that Proforce will also credit the Department for all firearms and equipment that the Department selects to sell back to Proforce. This will definitely have an impact on the cost associated with this purchase.
The Department has taken into consideration all of the information gathered and has come up with a handgun and rifle along with accessories to satisfy the need of the Department. Based on the Department's needs, staff recommends the following purchases:
-(55) Sig Sauer LE P320F (9mm) that will be equipped with a ROMEO optic and a Surefire 1000 Lumen handgun light.A gun holster will also be part of the purchase.
-(15) Colt LE M-4 556 14.5 BBL rifles that will be equipped with a Surefire 1000 lumen Scout light and an Aimpoint Duty RDS red dot optic.
-(20) Colt LE M-4 556 11.5 BBL rifles that will be equipped with a Surefire 1000 lumen Scout light and an Aimpoint Duty RDS red dot optic.
Pursuant to Policy 706, these purchases are made in compliance with AB 481 and will be included in the annual report.
CONCLUSION:
By approving the recommended agreement, the Department will replace outdated duty handguns and rifles that are used by its officers.
FISCAL IMPACT:
The total cost of the recommended equipment will be $130,061.64 The funds are available and budged for in the police departments FY 23/24 budget.
ATTACHMENTS:
66 Exhibit 1 - Resolution No. 2024-01
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 67 RESOLUTION NO. 2024-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AN AGREEMENT BY AND
BETWEEN THE CITY OF BELL GARDENS AND PROFORCE MARKETING, INC. DBA PROFORCE LAW ENFORCEMENT FOR THE
PURCHASE OF POLICE DEPARTMENT WEAPONS
WHEREAS, under Section 3.04.100E of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception when the supplier offers the same or better price, terms and conditions as a supplier offers the lowest responsible bidder under a competitive procurement conducted by another city or public agency; and WHEREAS, Purchasing Cooperative of America ("PCA") is based in Texas and all PCA contracts are written to be used by local, state and Federal government agencies, educational institutions, Indian tribal governments, and non-profit, non-taxed organizations in all 50 states, U.S. Territories, Canada and Mexico; and WHEREAS, PCA issued Request for Proposals for Fire, Safety, Security, Surveillance, Equipment, Service and Related Items, RFP #OD-337-21; and WHEREAS, on February 1, 2021, Proforce Marketing, Inc. dba Proforce Law Enforcement was awarded Contract# PCA OD-337-21 naming them as a distributor of law enforcement firearms and equipment, managing retail and trade of premier products throughout the United States; and
WHEREAS, the City is a member of PCA and membership entitles the City to access competitively bid national contracts; and
WHEREAS, the Bell Gardens Police Department is in need of updating its duty weapons and rifles; and
WHEREAS, the City Council finds that the City has complied with the procurement process; and
WHEREAS, the City desires to enter into an agreement with Proforce Marketing, Inc. dba Proforce Law Enforcement for the purchase of fifty-five handguns, thirty rifles and accessories, for a not to exceed amount of$130,061 for FY 23-24.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.
Exhibit 1 68
Resolution No. 2024-01
SECTION 2. The City Council finds that the City has complied with local, state and federal requirements for procurement as members of PCA.
SECTION 3. The City Council hereby approves an agreement with Proforce Marketing, Inc. dba Proforce Law Enforcement for the purchase of rifles, handguns and accessories.
SECTION 4. The City Council further authorizes the City Manager to execute the agreement with Proforce Marketing, Inc. dba Proforce Law Enforcement, subject to City Attorney approval as to form, and consistent with this resolution, along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 5. 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 its 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
2of3
Exhibit 1 69
Resolution No. 2024-01
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
3of3
Exhibit 1 70
2024
EQUIPMENT PROCUREMENT AGREEMENT
(Procurement: Weapons Purchase)
(Parties: City of Bell Gardens and Proforce Marketing, Inc. dba Proforce Law Enforcement)
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 PROFORCE MARKETING, INC. DBA PROFORCE LAW ENFORCEMENT (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 desires to purchase handguns and rifles for its police department; 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"), 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, Purchasing Cooperative of America (hereinafter "PCA") issued a Request for Proposals (RFP) for the fire, safety, security, surveillance, equipment, services and related items (RFP #OD-337-21); and
WHEREAS, on January 21, 2021, Vendor submitted a proposal; and WHEREAS, on February 1, Vendor was awarded PCA Contract # PCA OD-337- 21 (hereinafter `PCA Contract"); and
WHEREAS, as 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 weapons that meet the specifications of the PCA Contract at the same unit pricing and rates given to PCA under the PCA Contract; and
WHEREAS, City desires to enter into an agreement with Vendor for the purchase of weapons upon the conditions set forth below.
Exhibit 2 A
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, the Parties agree as follows:
Section 1. DESCRIPTION OF EQUIPMENT AND SERVICES.
A. Subject to all the terms and conditions of this Agreement, Vendor agrees to sell and deliver those certain weapons listed in Vendor Quote # 670854, dated November 28, 2023 (hereinafter "Quotation"). A true and correct copy of the Quotation is attached and incorporated hereto as Exhibit "A". For purposes of this Agreement, the capitalized term "Equipment" shall refer to the weapons listed in the PCA RFP. The unit prices charged by Vendor to City for the Equipment listed in the Quotation shall be no greater than the unit prices charged to PCA under the PCA RFP. Except as otherwise provided herein, the Equipment shall in all respects meet the specifications for identical Equipment set forth under the PCA RFP and shall be subject to all warranties set forth under the PCA RFP and PCA Contract (Collectively referred to as "PCA Documents"). A true and correct copy of the PCA Documents are attached and incorporated hereto as Exhibit "B".
B. Vendor's performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for Vendor to complete its delivery and off-loading of the Equipment at the location(s) specified by the City Representatives in a good workmanlike manner. Vendor shall not commence the delivery 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 of the Equipment to City and shall also provide its delivery personnel with all equipment and tools necessary to move the Equipment from Vendor's delivery vehicles to the location(s) specified by the City Representatives. City shall in no way be responsible for undertaking the delivery 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 required to deliver the Equipment . The Equipment shall be delivered to City by June 30, 2024.
D. All Equipment 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 are otherwise broken or defective. The Equipment 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 any Equipment which does not meet the required specifications or are broken or defective and the cost of returning and replacing the Equipment shall be borne Exhibit 2 72
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 as may be necessary to ensure that the Equipment will perform in accordance with the agreed specifications or replace any and all defective or incompatible parts as may be necessary to ensure that the Equipment will perform in accordance with the established specifications.
E. City's acceptance of the Equipment shall be conditioned upon the final inspection and performance testing of the Equipment by City, as specified under Section 5 of this Agreement, below, to ensure that the Equipment satisfies the requirements of the City and are capable of performing in accordance with performance standards set forth in the specifications of the PCA RFP. City reserves the right to direct to replace, at no additional cost to City, any Equipment which are determined to be damaged, defective or other non-compliant with such specifications.
F. Coordinated delivery of all Equipment will take place during the standard business hours.
G. Risk and Title. Vendor shall bear risk of loss of the Equipment, including any damage sustained during transportation to the delivery site. Risk in the Equipment shall pass to City upon delivery. Nothing in this subsection shall operate to restrict, limit or modify; (i)the right of City to reject or withhold acceptance of any Equipment that are damaged, defective or which otherwise fail to meet the specifications called for herein; or (ii) the right of City to pursue any other remedies under this Agreement in the event the Equipment is defective or fail to meet specifications or upon Vendor's breach of any ongoing duties or obligations set forth under this Agreement.
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 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.);
Exhibit 2 733
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 the City'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 Chief Paul Camacho, and his 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 Chris Brazzill, 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 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 Exhibit 2 A
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, 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 subconsultants' 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. TESTING AND INSTRUCTION ON OPERATION AND 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 to run performance tests of the Equipment in order to determine whether or not the Equipment meets specifications, are not damaged and are functioning properly. Vendor, during the testing and inspection period contemplated herein, shall also provide City personnel with instruction and training on the property operation and 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, upkeep and operation of the Equipment. The foregoing shall be in addition to and not in lieu of any training program specified under the PCA RFP. 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 shall toll, the expiration of the 30-day testing and instruction period as to all Equipment.
Section 6. WARRANTIES
Vendor shall extend to City all such warranties for the Equipment provided to PCA under the PCA RFP and PCA Contract subject to the same terms and conditions set forth therein, including but not limited to the warranties referenced under Section 12 of the PCA Contract.
Exhibit 2 7%
Section 7. COMPENSATION
A. Compensation for Equipment. Vendor shall sell and deliver the Equipment referenced in the Quotation at unit pricing that is no greater than the unit pricing provided to PCA for identical Equipment under the PCA Documents. The foregoing notwithstanding, in no event may Vendor's total aggregate compensation for the sale and delivery of the Equipment exceed the aggregate sum of ONE HUNDRED THIRTY THOUSAND SIXTY ONE DOLLARS AND SIXTY FOUR CENTS ($130,061.64) (the "Not-to-Exceed Amount").
Section 8. 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 9. 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 between City and Vendor.
Section 10. RECORDS AND INSPECTION
Vendor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. City shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. This right inspection shall not extend to the makeup of lump sum prices, day rates, or profit margins.
Section 11. 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 Exhibit 2
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 12. 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 and to the same extent afforded to PCA, PCA's officials, commissioners, officers, agents, employees and volunteers.
Section 13. 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 6 of the PCA Contract.
Section 14. 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's performance in connection with this Agreement, Vendor shall render any reasonable assistance that City may require.
Section 15. 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 and the Related Services, 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 immediately terminate this Agreement for convenience and without cause. 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 Exhibit 2 77
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 15(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 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.
Exhibit 2
If an Event of Default relates to a material falsehood or misrepresentation set forth in the Equipment 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 forty-five (45) calendar days of Vendor's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-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 45-day cure period.
The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to 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, National Auto Feel Group 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. 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 written notice to Vendor, the City may immediately terminate this Agreement in whole or in part;
2. Upon written notice to Vendor, the City may extend the time of performance; Exhibit 2 7%
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 16. 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.
Section 17. 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 Proforce Marketing, Inc. dba Proforce Law 7100 S. Garfield Avenue Enforcement
Bell Gardens, CA 90201 2625 Stearman Drive
Attn: Chief Paul Camacho Prescott, AZ 86301
Attn: Chris Brazzill
Phone: 928-776-7192
Exhibit 2 98
Section 18. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, shall not discriminate 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, or sexual orientation or other basis prohibited by law. 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 19. 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 20. 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 21. 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 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 22. 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 23. 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 Exhibit 2 91
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 24. 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 forwritten amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
Section 25. 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 26. 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 27. 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.
Section 28. 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 M
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 PROFORCE MARKETING, INC. DBA
PROFORCE LAW ENFORCEMENT
By: By:
Michael B. O'Kelly, City Manager
Date: Date:
Approved as to form:
By:
Stephanie Vasquez, City Attorney
Exhibit 2 93
EXHIBIT "A"
QUOTATION
Exhibit 2 94
QUOTE# PAGE'
O R D E R
670854 1
1AWEMORCEMENT SHIP DA',>Z
2f255iporman Drive.PregoonAZ.89,101 Q U O T E A.S.A.P.
Tel:9128-776-7192 Fax:928-d1-5,3a1.58
email:: mow.pruforwondiriv.min
sO.1:..9D SHIP
,TO TO
CITY OF BELL GARDENS BELL GARDENS POLICE DEPT ACCTS PAYABLE 7100 S GARFIELD AVE
7100 S GARFIELD AVE
BELL GARDENS CA 90201 BELL GARDENS CA 90201 562-927-4839
JOB # JORD: DATE CUST'.# LOC, SALESMAN SHIP VIVA, FRT. ' N/A 11/28/23 004531 1 A ICHRIS BRAZZILL F-2D FOB ORIGIN QTY. UOM
ORDER ITEM NO,. /DESC. UNIT PRICE D15C. NET PRICE 10 CR6921—EPR 1, 185.23 EA 11, 852 .30 CLT LE M4 ENH PAT RFL 5.56 . 00
14 .5BBL SEMI ***SBR***
30 200759 452 .28 EA 13, 568 . 40
AIM DUTY RDS RED DOT REFLX SGT . 00
2MOA 39MM 1—PC TORSION NUT MNT
10 VCAS-125—OA—BK 44 .26 EA 442 . 60 BFG VICK COM APP SLNG 2—PT BLK . 00
30 M640DFT—BK—PRO 257 . 02 EA 7, 710 . 60 SUF TRBO SCT LGT PRO 550LUM BK . 00
W/MNT Z68 TAIL CAP
55 W320F9BXR3P—RXP 749. 90 EA 41, 244 .50 SIG LE P320F 9MM PRO N/S 17RD . 00
W/ROMEO 4 . 7"
55 6360RD-4502-481 130 .32 EA 7, 167 . 60 SFL 6360 ALS HLST BLK STX BW . 00
LGT P320RX (6360RDS-4502-481)
55 X30OT—B 237 . 69 EA 13, 072 . 95
SUF X300B TURBO 650LUM PST LGT . 00
HI CANDELA BLK
COMMENT
TERMS
Exhibit 2 85
QUOTE# PAGE'
O R D E R
670854 2
1AWEMORCEMENT SHIP DA',>9
2f255iearman Drive.Pregoon AZ.$9.101 Q U O T E A.S.A.P.
Tel:9128-776-7192 Fax:928-d1-5,3a1.58
email:: mow.pruforwondiriv.min
sO.1:..9D SHIP
,TO TO
CITY OF BELL GARDENS BELL GARDENS POLICE DEPT ACCTS PAYABLE 7100 S GARFIELD AVE
7100 S GARFIELD AVE
BELL GARDENS CA 90201 BELL GARDENS CA 90201 562-927-4839
JOB # JORD: DATE CUST'.# LOC, SALESMAN SHIP VIVA, FRT. ' N/A 11/28/23 004531 1 A ICHRIS BRAZZILL F-2D FOB ORIGIN QTY. UOM
ORDER ITEM NO,. /DESC. UNIT PRICE D15C. NET PRICE 20 CR6933—EPR 1, 185. 94 EA 23, 718 . 80 CLT M4 EPR 5.56 SBR 11 .5" BLK . 00
***SBR***
1 XFET . 00 EA . 00
THIS ITEM FET OUT . 00
SALES AMOUNT 118, 777 . 75
COMMENT
BY RYAN 94500e SALES TAX' 11, 283. 89 SUB TOTAL 130, 061 . 64
TERMS DUE NET 30 DAYS
Exhibit 2 86
EXHIBIT "B"
PCA DOCUMENTS
Exhibit 2 0
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
CA PWW'41"
PH: (844) 722-6374
Ica ericavor
PCA is issuing this RFP on behalf of PCA Awarding Agency and PCA Members RFP # OD-337-21
Request for Proposal
For
FIRE, SAFETY, SECURITY, SURVEILLANCE, EQUIPMENT,
SERVICE AND RELATED ITEMS
Submittal Deadline and Public Opening:
All proposals required to be submitted by the date and time above.
Bonfire electronic bidding software will lock down on this date/time.
Questions regarding this RFP must be submitted in Bonfire and are answered electronically. The deadline for all questions is five (5) days prior to the submittal deadline.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 88
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Table of Contents
TAB TITLE PAGE
1. Notice of Intent............................................................................................................3
2. Instructions to Vendors ...............................................................................................8 Definitions
Evaluation and Award of Contract(s)
3. Contract Terms and Conditions ................................................................................ 17
4. Signature Forms and Checklist.................................................................................33 A. Contract First Page for Company Legal Name
B. Contract Acceptance and Signatures—
If submitted un-signed, the response will be disqualified C. Conflict of Interest Questionnaire
D. Antitrust Certification Statement
E. Request for Taxpayer Identification Number and Certification, W-9 F. Vendor Certifications
G1. SB9 Contractor Certification: Contractor Employees G2. SB9 Contractor Certification: Subcontractor
H. Contractor Certification-Arizona Requirements
I. Bond Letter, If Required
J. Certification Regarding Debarment, Suspension and Other Responsibility Matters
K. Addendum(s), if issued
L. Vendor Questionnaire and Company Profile
5. Scope and Specifications..........................................................................................58
6. Pricing .......................................................................................................................66
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 89
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
TAB 1 - NOTICE OF INTENT
City of O'Donnell ("Awarding Agency"), located at 615 8tn Street, O'Donnell,Texas 79351, an agency of the State of Texas, is awarding this contract for use by all current and future Purchasing Cooperative of America ("PCA") Members.
Contract(s), if any, awarded as a result of this solicitation will be available for use by PCA Members to access on an"as needed"basis from a list of contracts that have been competitively procured and awarded to Vendors by the Awarding Agency.
PCA is soliciting Vendors to provide Fire, Safety, Security, Surveillance, Equipment, Service and Related Items. The initial term of the contract is a period of one (1) year with four (4) subsequent one (1) year automatic renewals unless terminated by the parties as allowed under this contract. Companies are expected to be experienced and qualified in providing these services to PCA Members using a PCA contract that can be used either on a national, statewide, regional or local basis.
Product(s)and/or services considered for award shall equal or exceed a minimum quality level of industry standard(s) as defined within this solicitation, including the Scope Section, and shall comply with all applicable federal, state and local technical, environmental, and performance standards and specifications.
Awards will be made to the successful proposer(s)for the total line of services submitted. Awards will be based on the criteria set forth within this document.
PCA encourages all vendors (national, territorial, regional, state, local, USMCA) to respond and provide products/service to public non-profit/non-taxed entities that allow cooperative purchasing in the areas that the vendor proposes to work in.
Benefits of a PCA Contract Award
The benefits of a PCA contract award are:
• Multi-year contracts,
• Comprehensive contracts, and
• Fair and open competition
Interlocal Contracting Authority
PCA Members may access these contracts under TEX. GOV'T. CODE, Title 7, Intergovernmental Relations, Chapter 791, Subchapter C in Texas and similar joint powers codes in other states, such as State of Arizona Statutes, Title II, Chapter 7, Intergovernmental Operations, Article 3, Joint Exercise of Powers; State of New Mexico Statutes, Chapter 11, Intergovernmental Agreements and Authorities,Article 1, Joint Powers Authority,State of Louisiana Title 39, Subtitle 111, Chapter 17, Part VII and Title 38 Public Contracts,State of Arkansas, Title 19, Chapter 11, Sub-chapter 2—Arkansas Procurement Law, and other states; State of Oklahoma, Title 74 State Government, Chapter 31 /nterlocal Cooperative Act.
Other states'joint powers codes may be found listed on the PCA website: w .pcamenca.or� Applicable Laws, Codes and Regulations
PCA procurement procedures meet the following statutes as well as the applicable Federal Acquisitions Regulations (FAR & DFAR)) by reference to meet the requirements of Federal Agencies and federally funded programs and grants.
TEX. EDUC. CODE§44.031(a)(4) "...all school district contracts for the purchase of goods and services, except contracts for the purchase of produce or vehicle fuel, valued at$150,000 or more in the aggregate
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 90
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
for each 12-month period shall be made by the method...that provides the best value for the district [including] an interlocal contract..."
TEX.EDUC. CODE§51.9335(a)(4)"...each institution of higher education, as that term is defined by Tex.
Educ. Code § 61.003, including each public junior college to the extent possible, "may acquire goods or services by the method that provides the best value to the institution, including...a group purchasing program."
TEX. EDUC. CODE§ 73.115(a)(4) "...University of Texas at El Paso "may acquire goods or services by the method that provides the best value to the institution, including... a group purchasing program." TEX.EDUC.CODE§74.008(a)(4)"...University of Texas Medical Branch at Galveston"may acquire goods or services by the method that provides the best value to the medical branch, including...a group purchasing program." Other Texas Universities are also covered under Texas Codes with the same text.
TEX. LOCAL GOV'TT, CODE Chapter § 271, Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments.
TEX.LOCAL GOV'TT, CODE Chapter§26Z Purchasing and Contracting Authority of Counties.
Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act-Procurement of Recovered Materials requires: (1)procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery;and (3)establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
24 C.F.R. 85.36(b)(5)Administrative Requirements for Grants and Cooperative Agreements to State,Local, and Federally Recognized Indian Tribal Governments. "To foster greater economy and efficiency, grantees and sub-grantees [of federal funds/grants] are encouraged to enter into State and local intergovernmental agreements for procurement or use of common goods and services."(In Texas,applies only to Texas Tribal Governments.)
Information regarding local, state, federal, and Indian Government agencies that can use this solicitation, once awarded as a contract, can be found on hftpD§s:// www.usa.Aov/state-tribal:g2y2MM2nk . All state agencies in w.usao ov are included by references.
FEMA Requirements, If Applicable
A non-Federal entity receiving Federal funds, such as a Public Assistance award to restore a damaged building, must comply with the conditions attached to the grant. A non-Federal entity must comply with the procurement requirements imposed by Federal law, executive orders, and Federal standards and regulations, as these exceed the authority over non-Federal requirements, such as local or state procurement standards to the extent they conflict with Federal requirements.A non-Federal entity must not make any award or permit any award at any tier to parties listed on the government-wide exclusions in the System for Award Management (SAM), which can be found at .sarno ov. In response to this requirement, PCA requests that Form J in TAB 4 be signed and dated.
Responsibility to Know and Follow State and Local Laws
It is the responsibility of the Vendor and Member to be sure all state purchasing laws/requirements are met in the jurisdiction where they are operating.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 91
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
All Local Governments, Municipalities, Counties, K-12 Schools, higher education, state and federal agencies may use this contract when awarded. Each jurisdiction is subject to its own and members' requirements. The use of this contract by a PCA Member, along with their signed purchase order or other extension of the contract, constitutes acceptance of the contract and completes the interlocal agreement(if required by the entity) between the Awarding Agency and PCA Member.
All Vendors shall also be familiar with Arizona Statutes and shall adhere to these requirements under this contract when working in Arizona, and adhere to other state's statutes, as appropriate.
PCA Members are responsible for ensuring that they are NOT engaged and doing business with any contractor doing business with those individuals, entities or countries sanctioned by the U.S. Government.
Effective February 1, 2017, each new PCA contract for the procurement of goods or services includes a clause that requires the contractor to certify that the contractor does not have scrutinized business operations with any countries sanctioned by the U.S. Government.Also, if the contractor subsequently does business in/with a country that is sanctioned by the U.S. Government, the contractor will immediately notify the PCA Member.
Some federal agencies require certifications from contracted primary and sub-tier vendors that conform to the Cybersecurity Maturity Model Certification (CMMC) and other requirements, as mandated by the U.S.
Department of Defense (DOD) under FAR Clause 52.204-21, NIST Special Publication 800-171 per the Defense Federal Acquisition Regulation Supplement(DFARS)252.204-7012 (3, 4, and 5).
If successful in being awarded a contract, Vendor shall be responsible for obtaining all necessary permits, fees, and licenses as may be required by local authorities having jurisdiction. Vendor is responsible for verifying compliance with local authorities having jurisdiction prior to commencing work. All documents prepared, along with manufacturer's data sheets and spec sheets, shall be submitted for review and approval by authorities having jurisdiction.
Specific applicable sections of federal and state statutes, procedures, or regulations, as well as local requirements, may be added as a Supplemental Contract or on the Purchase Order being issued under this contract as deemed necessary and jointly agreed to by PCA Member and Awarded Contractor.
USMCA and PCA Contracts
Known in the United States as the United States—Mexico—Canada Agreement(USMCA); in Canada, it is officially known as the Canada—United States—Mexico Agreement(CUSMA) in English and the Accord Canada—hats-Unis—Mexique(ACEUM) in French; and in Mexico, it is called the Tratado entre Mexico, Estados Unidos y Canada(T-MEC).
USMCA allows the United States, Mexico and Canada to contract to buy and sell goods and services. The uniqueness of any contract or how it may be procured is not specified under the provisions of the treaty. It is therefore left to the laws of each of the signatories. Contracts can be accessed through PCA if the U.S., Mexican or Canadian entity involved has the statutory authority and requests its use.
Several Canadian provinces have written into their Joint Powers Statutes the ability for their agencies to exercise mutual joint powers and cooperative agreements. Similarly, the Government of Mexico, its departments and agencies, may be able to sign an intergovernmental contract with PCA for the use of PCA contracts. An intergovernmental contract is not required by PCA or State of Texas.
U.S., Canadian and Mexican entities will know their own contracting requirements and laws governing the use of PCA contracts and the purchasing and the expenditure of funds by their individual agencies.
Future trade agreements replacing, modifying, or superseding USMCA may also be used when ratified, as allowed by the signatories.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 92
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
INTRODUCTION
PCA Membership
PCA Awarding Agencies which are agencies of the state of Texas may enter into agreements with governmental entities of other U.S. States, U.S. Territories, Canada and Mexico as allowed and approved by their laws and local jurisdictions. All entities wishing to join PCA to access PCA contracts must know their federal, state and/or local requirements.
A government agency that purchases products and services under the Interlocal Cooperation Act satisfies the requirement of the local government to seek competitive quotes for the purchase of products and services.
By using PCA, eligible entities can provide the legally required competition for contracts of commonly purchased products and services, thereby saving the individual entity the time and cost of performing the procurement process. This PCA Contract will allow agencies to purchase on an "as needed" basis from a competitively awarded contract.
PCA Membership is open to public and private schools including independent school districts and charter schools, education service centers, colleges, universities, municipalities, counties, political subdivisions, federal agencies, other governmental agencies, and non-profit entities, throughout the United States and its territories that follow local governing authority allowing them to utilize contracts procured by PCA and administered by Awarding Agency, pursuant to the TEX. GOV'T. CODE§791, Interlocal Cooperation Act, and TEX.LOCAL GOV'T. CODE, Chapter 271, Subchapter F, and similar statutes in other states.
Vendors are responsible for signing up Members with PCA. Members benefit by having a multi-year contract and by saving the time and expense of developing solicitations and evaluating responses from numerous vendors.
The specific scope of work for each purchase order shall be determined in advance and in writing directly between the Member and the Vendor.
Financing of PCA
There is no PCA membership fee to join PCA. The total cost of the PCA program is funded through an administrative fee paid by Vendors based on a percentage of Vendor gross sales, less expenses for special insurance,taxes, etc. or as otherwise stated in the contract.The Vendor pays the applicable administrative fee to PCA as progress payments are received, if applicable, or upon receipt of final payment.
PCA will provide limited oversight in assisting Vendors in marketing to PCA Members, training (education), and provide, at a minimum, an annual review of each Vendor. These services will be paid for out of the administrative fee. PCA will not market or sell directly for Vendors.
Purchasing Process Using PCA Contracts (Reference "Records Retention" and "Right to Review, Audit and Inspect"in Terms and Conditions)
Contracts are awarded by PCA's Awarding Agencies' Board of Directors following open competition in compliance with all applicable Texas procurement rules and regulations.
PCA Members send their Purchase Orders, with the PCA Contract Number referenced, directly to the Vendor. The Vendor delivers products/services to the Member and then invoices the Member. The Vendor sends monthly reports, listing current active purchase order details; and projects/purchases under discussion but not yet approved.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 93
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
When invoiced payments are received by Vendor/Contractor, the administrative fees are paid to PCA with copies of relevant P.O.s, work orders, or other authorized documents. If monies are received for progress payments or open purchase order payments, administrative fees based on those receipts are also paid to PCA at the time of receipt. At the conclusion of purchase or service when Final payments for open purchase orders are paid, the admin fee is paid and monthly report states final payment.
PCA also requests its Members to send a completed copy and any updates, change orders, work orders, that have been issued to the contracted Vendor for PCA records. PCA does not need to approve them. All purchasing negotiations and bids are decided between the Member and the Vendor/contractor with the Contract Number noted on all approved, and signed purchase documents. Online purchases and web purchases need to be copied and forwarded to pcamerica(a)-pcamerica.org.
Copies of purchase orders and other approved work or purchase documents are part of due diligence as extensions of the awarded contract and allow the Member entity to pass audits. It is in the interest of both parties to have all purchasing documents properly issued; including the contract number noted on the documents,with proper signatures/approvals and dates. PCA is not responsible for sales or loss of monies that have not been properly allocated for purchase under State and/or Federal Laws.
Maximum Annual Aggregate of the Contract
In compliance with TEX. GOV'T. CODE§2269.403(b), PCA is establishing the maximum annual aggregate contract price for each of the contracts awarded pursuant to this solicitation for the PCA cooperative program at 30 million in aggregate per Member per year. The amount may be increased at each of the contract renewal periods or at the request of the Vendor or Member and based upon project requirements. Please contact PCA for the template and instructions for contract amendment requests.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 94
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
TAB 2 - INSTRUCTIONS TO VENDORS
To qualify for evaluation, a proposal must be submitted on time and must materially satisfy all mandatory requirements identified in this solicitation. Vendors must follow the format instructions detailed below in preparing their proposals.
Vendors shall submit proposals electronically in the Bonfire system. The Vendor is responsible for supplying the company legal name, the DBA("Doing Business As") if different from legal name, names of authorized representatives, and contact information in their response for the purpose of receiving notices, changes, addenda or other critical information.
Electronic Solicitation Response and Submission
PCA uses the Bonfire Interactive Ltd eProcurement system for submitting responses to solicitations. PCA will no longer accept hardcopy responses for any solicitations.
Questions regarding the Bonfire application will be answered by Bonfire support personnel. Questions regarding the solicitation will be published on Bonfire and an email will be forwarded to all potential submitters who have downloaded the solicitation. Further instructions are available on the Solicitations Tab at the PCA website www.ncamenca.org or in the Messages area in Bonfire. Questions can be submitted up to five (5)days in advance of the deadline.
Vendors are responsible for reading and understanding the entire solicitation and to fully inform themselves as to the terms,conditions,requirements and specifications of this solicitation before submitting a response.
Failure to do so will be at the respondent's own risk. The law makes no allowance for errors of omission or commission on the part of the respondent; furthermore, the respondent cannot secure relief on the plea of error or ignorance concerning any requirement included in the solicitation.
Responses may be uploaded, replaced, corrected, etc. until the deadline indicated in this solicitation at which time the software will lock down the responses and no further changes or uploads may be made.
All signature documents are found in Tab 4. All documents must be signed by a company representative who is authorized to enter into contracts on behalf of the entity. The person signing the forms must also enter a printed, legible copy of the signature and indicate his/her title along with signature. Responses received without proper signature may not be considered. Electronic signatures will be accepted. Vendors should retain photocopies for their files. Failure to submit any document or information requested as part of the solicitation may result in the rejection of the entire response.
NOTE: Vendors are responsible for making sure, when using Electronic Signatures, that the signatures are transferring to the documents being uploaded into Bonfire. There have been problems with some Electronic Signatures not appearing on .pdf files that have been uploaded into the Bonfire eProcurement System.
Neither Purchasing Cooperative of America nor the Awarding Agency will be responsible for technical difficulties that respondent may encounter when submitting documents electronically unless the problem is with the PCA website and/or Bonfire and uploading is not possible. Respondent must inform PCA immediately of any upload problems. The problem will be researched and notice will be placed on the website of resulting advice. If the problem cannot be fixed quickly, a deadline extension (addendum to the solicitation)may be issued and posted on the website for download and inclusion in submittal.
PCA reserves the right to query respondent(s) concerning minor discrepancies within their submittal.
Exceptions to the Terms and Conditions of the contract will be discussed with the respondent and decisions to accept or reject will be considered during the review process.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 95
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
PCA and Awarding Agency assume no financial responsibility for any costs incurred by Vendors in developing and submitting a response or any amendments or addenda, participating in pre-proposal meetings, in any negotiation session or discussions, or any costs incurred by Vendors pursuant to this solicitation.
Vendors that are not awarded a contract may make a written request for a meeting to discuss their submittal.
Required Format
Vendor is responsible for ensuring that PCA has the appropriate legal company name, a DBA ("Doing Business As") if one is used, authorized representatives, and contact information on file for the purpose of receiving notices, changes, addenda or other critical information.
Vendors shall submit responses with the RFP# and Title located in the heading on the left margin on all uploaded pages. Company Name shall be in the heading on the right margin.
Uploaded documents must be in .pdf format.
There are Six(6)tabs to be used in response to the solicitation. Respondent shall upload responses into the appropriate TAB. Responses should be direct, concise, complete, and unambiguous.
Required Tabs
A copy of the entire solicitation has been provided in Bonfire for those Vendors who wish to be able to review the whole solicitation at one time without downloading individual Tabs. However, when responding to the RFP, submit documents in the following manner.
Tabs 1, 2, and 3 have been combined in Bonfire to facilitate download and upload for Vendor response. Download and Read. After reading, upload 'in Bonfire submission area as one complete document under'rab 1..3. Thus action confirms that Vendor has read Tabs 1 3.
Tab 1-Notice of Intent
Tab 2-Instructions, Definitions and Evaluation.
Tab 3-Contract Terms and Conditions.
Tabs 4, 5, and 6 require Vendor response for Evaluation Committee to review. (1) Download; (2) Review,Sign and Date Forms; (3)Create response(s)to upload for each tab; (4).pdf documents;(5)Upload required information for review under each individual tab.
Tab 4-Signature Forms and Vendor Questionnaire/Company Profile. When questions have been answered and all required signatures are in place, upload signature pages and completed Form L as one complete .pdf document. Form L and some requested informational documents may need to be uploaded separately due to size of response. Upload under Tab 4.
Tab 5-Scope and Specifications. Evaluation of submission will be based on the information submitted in answer to the scope and specifications supplied in Tab 5. Create submission that includes description of the products and/or services provided by your company and upload under Tab 5.
Tab 6-Pricing. Pricing and Discounts are required in order to be considered for award. Provide pricing for products and services as requested or stated in Tab 6. If company supplies Online or Catalog pricing, access to the catalog or online service must be provided for Evaluation Review along with any discount information. Create submission and upload under Tab 6.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 96
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Large Document Submissions
Bonfire restricts individual documents larger than 1,000MB. Documents larger than the requirement will need to be segmented into smaller sizes and uploaded as separate documents. For large catalogs, Vendor in their submission may direct the Evaluation Committee to a website where the current catalog resides. If sign-in and passwords are required, Vendor must supply this information in the submission and have it active for the evaluators to access.
Addendum(s)to this Solicitation
In the event that any changes to this solicitation occur subsequent to the issuance of the original solicitation, the changes or corrections to this solicitation will be made by addendum, and any updated information contained in any addendum will prevail over the information contained in the original solicitation or any previous addendum. Each addendum will be made available to all entities on Bonfire. PCA will attempt to notice all entities that are known to have received a copy of this solicitation. However, PCA assumes no responsibility for ensuring that all Vendors receive notification. It is the respondent's responsibility to check the website for any possible addendums to this solicitation prior to finalizing their submission.
Purchasing Cooperative of America, acting on behalf of the PCA Awarding Agency, is the sole authority for the issuance of any addendum related to this solicitation.
Each addendum notification must be signed by Vendor's authorized representative and be uploaded into TAB 4. If an addendum is issued, (1) read and/or download; (2) respond as necessary with proper signature(s); (3)create .pdf; (4) upload to Tab 4 in Bonfire.
DEFINITIONS
In this solicitation and in the Contract, the following terms shall have meaning as follows:
PCA Awarding Agency-an agency of the State of Texas. All Awarding Agencies are considered members of PCA and as such, are available for using PCA contracts.
Purchasing Cooperative of America ("PCA") — a national cooperative purchasing program managing and administering innovative contracts administered by an Awarding Agency of the State of Texas.
Member(s)—including non-profit entities, public and private schools(including independent school districts and charter schools), education service centers, colleges, universities, municipalities, counties, political subdivisions, local, state, federal, and other governmental entities and agencies throughout the United States and its territories that follow local governing authority allowing them to utilize contracting vehicles procured by PCA and administered by Awarding Agency, pursuant to the TEX. GOV'T. CODE §791, Interlocal Cooperation Act, and TEX. LOCAL GOV'T. CODE, Chapter 271, Subchapter F, and similar statutes in other states.
Administrative Fee ("Admin Fee"/"Fee")—the fee paid by Vendors with awarded contracts to fund the total cost of the cooperative program. The Fee must be included in the Vendor's price (as overhead, for example) and will not be issued as a separate line item in any invoice issued to Members. Vendors must pay the Fee within thirty(30)days of the completion of any Purchase Order unless the project has progress payments in which case, the Vendor is required to pay the Fee in proportion to progress payments within thirty(30)days of the monthly report.
Best Price—Vendor's best price offered to all governmental, cooperative or retail customers.
Best Value—the method by which a contract, if any, is awarded, in accordance with applicable laws, rules, and regulations. 'Best Value' includes multiple parameters, including experience, references, quality of Vendor's products/services, and price.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 97
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Bidder, Resident and Non-resident — "Resident bidder" is a person/entity 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. "Non-resident bidder"is a person/entity who is not a resident of Texas.
See TEX. GOV'T. CODE§2252.001.
Bonfire—The software application of choice for PCA is Bonfire when soliciting RFPs, RFQs, etc.
Contract—the entire agreement between the parties. (See Tab 3- Contract Terms and Conditions) Contract,Addendum—wording added to the original contract that was omitted, whether by mistake or by necessary change. For example,an addendum might be added to a contract to change a date or add detail regarding delivery of goods or pricing.
Contract,Amendment—a minor permanent change in a contract; i.e., a correction of an error, an addition to, deletion from, or correction or modification of an existing contract.
Contract, Supplemental—a separate, additional contract entered into between a Member and Vendor to further define the level of service and/or product requirements over and above the minimum defined in the Contract and the solicitation, including, without limitation, invoice requirements, ordering requirements, on- campus service, specialized delivery, discounted pricing, etc. Additional scope, specifications, and/or requirements agreed to by the Member and the Vendor, may be put in a Supplemental Contract or on a Purchase Order/Job Order.
Contractor — a seller/provider of goods/services; the entity/person responding to this solicitation and person(s)/entity(ies)to whom a contract has been awarded by an Awarding Agency; see Vendor.
Days — calendar days, unless specified as business days. The following are recognized holidays:
Presidents' Day, Easter, Memorial Day, Independence Day, Labor Day,Thanksgiving Day, Christmas Day, and New Year's Day. It is up to the Vendor to recognize holidays in the states and jurisdictions in which they work.
Delivery Order— document that defines the scope of services to be performed for the Purchase Order; specific to service contracts.
Hours, Premium—the hours not included in Regular Hours or Federal holidays. Premium Hours must be approved by the Member for each Delivery Order and noted in the Job Order Response as a line item during negotiations; overtime. Applies to Job Order Construction-type work.
Hours, Regular—the hours between 7 a.m. and 6 p.m. Monday thru Friday.
Disadvantaged Business Enterprise—local, state or Federal designation to businesses that have been deemed to be "historically under-utilized businesses" (HUB); including but not limited to VOSB (Veteran Owned Small Business), MWBE (Minority- and Women-Owned Business Enterprise), and SBE (Small Business Enterprise).
IDIQ — "Indefinite Delivery Indefinite Quantity' contracts that provide for an indefinite quantity of goods/services for a fixed term. Awards are usually for base years and option years.
Job Order Contracting (JOC) -
Job Order Response—a document prepared by the Vendor and sent/given to the Member that includes line item estimates for work to be performed; specific to Job Order Contracting-type projects.
Material Safety Data Sheet(MSDS)—labeling and documentation of hazardous materials.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 98
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Procurement — buying, purchasing, renting, leasing or otherwise acquiring any materials, services or construction. Procurement also includes all functions that pertain to the obtaining of any materials, service, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration.
Purchase Order (PO) — the Member's written approval for the Vendor to proceed with the negotiated Delivery Order. Special terms and conditions agreed to by Vendor and Member may be added as addendums(supplemental contract)to the PO, including such items as requirements concerning certificates of insurance and small or disadvantaged business goals.
Responsive Vendor—person, company, firm, corporation, partnership or other organization who submits a response which conforms in all material respects to the solicitation document.
Scope of Work (SOW) - the specific work that has been agreed to be undertaken and accomplished by Vendor for the Member via the Purchase Order.
Solicitation —Various formats including invitation to bid (ITB), request for technical offers (RTO), request for proposals (RFP), request for qualifications (RFQ), or other invitation or request by which a Vendor is invited to participate in a procurement.
Specifications—a description of physical or functional characteristic, or of the nature of a material, service or construction of item. Specifications may include a description or any requirement for inspecting, testing or preparing a material, service or construction item for delivery.
Term—the then-current Term of the Contract, whether an initial term or a renewal term.
Value Add—other products/services provided by the Vendor that are adjunct to this solicitation that would be beneficial to Members.
Vendor—a seller/provider of goods/services; a Vendor responding to this solicitation or Vendor(s)to whom a contract has been awarded by the Awarding Agency; also, a PCA Awarded Contractor.
Vendor, Responsible — Vendor having adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the products/services listed herein.
Vendor's Key Staff Members - staff critical to the quality, implementation, and successful support and execution of the contract. Vendor's Key Staff Members typically include the Corporate Officer in charge of the PCA Contract, Purchase/Delivery Order Manager/Business Manager, and Marketing Manager.
EVALUATION
Timetable
The timetable shown below will be followed for this solicitation. This table is only an estimate and may vary, especially in the case where an addendum is issued.
Activity Date
Advertised— 1st Time "rhursday, December 16, 2020
Advertised—2"d Time Monday, December 26, 2020 Pre-Proposal Meeting Must RSVP ruesday, December 29, 2020 Final Date for Questions nuary 16, 2921 Noon 12.09 Proposals Due "rhursday, Januavy 21 2021 11:00 a.m.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 99
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
PCA will hold a pre-proposal meeting for this RFP. This meeting is not mandatory. Check the schedule for date and time, then RSVP to pcamerica@_pcamerica.or
g at least 24 hours prior to the meeting date. You
have 2 options: (1) come to the PCA Houston office or (2) join the meeting via GoToMeeting or similar application. If you choose the GoToMeeting option, PCA will send you the login information.
Proposal Review and Contract Award or Non-Award notices will be issued as soon as practical or within 30 days of submittal.
Award of Contract
In accordance with applicable laws, rules, and regulations for public procurement, award(s)will be made to the responsible Vendor(s)whose proposal(s) is/are determined, per review by the Evaluation Committee, to be the best value to PCA Members. To qualify for evaluation, a proposal must have been submitted on time and must materially satisfy all mandatory requirements identified in this document.
Competitive Range, If Applicable
It may be necessary for PCA to establish a competitive range of acceptable proposals as part of the evaluation process. Proposals not in the competitive range will be deemed unacceptable and will not receive further award consideration.
Deviations and Exceptions to Requirements
Deviations to the Contract or exceptions to the Terms and Conditions stipulated in a Vendor's response may result in disqualification. Any language to the effect that the Vendor does not consider this RFP to be part of a contractual obligation may result in the Vendor's proposal being disqualified.
Clarification and/or Discussions
During the review process PCA may request clarification from Vendor(s) for the purpose of eliminating minor errors, clerical errors, and/or non-substantive irregularities. Clarification does not give Vendor the opportunity to revise, change, or modify its proposal in any way except to the extent of correction of the error. Discussion between PCA and Vendor can only take place after the deadline receipt of proposals.
PCA reserves the right to conduct discussions with all, some, or none of the Vendors submitting proposals.
PCA will not assist the Vendor in the revision or modification of its proposal nor will PCA assist the Vendor in bringing its proposal to the same level of other proposals received by PCA.
No Guarantee of Quantities
Awarding Agency/ PCA makes no guarantee or commitment of any kind concerning quantities that will actually be purchased under this solicitation and the resulting contract(s), if any. Awarding Agency/PCA makes no guarantee or commitment of any kind regarding usage of any contract(s)resulting from this RFP.
Disadvantaged Business Enterprise Certification
Awarding Agency/PCA encourages the use of HUB, MWBE, VOSB, and SBE companies, both as prime and subcontractors. Subcontractors must meet the same minimum standards and requirements as the prime contractor. It will be the responsibility of the prime contractor to pre-qualify any subcontractors offered as HUB, MWBE, VOSB and SBE participants.
Some PCA Members have specific goals for HUB requirements and will require that a plan be presented by the prime contractor to meet their goals.Vendor shall indicate in their response to this solicitation whether or not they are a Historically Under-utilized Business (HUB), Minority and Women's Business Enterprise (MWBE),Veteran Owned Small Business(VOSB), and Small Business Enterprise(SBE)Participation, etc.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 100
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
and with whom they are certified; e.g., Local, State, or Federal. Failure to submit the certificate of the awarding entity will result in the Vendor not receiving credit for the HUB, MWBE, VOSB, and SBE status during evaluation.
PCA Compliant with 2 C.F.R. §200.321 in the Support of Small and Disadvantaged Businesses In addition to full and open competition, non-Federal entities must take all necessary affirmative step to assure that"...Disadvantaged businesses, women's business enterprises, and labor surplus area firms..." are used when possible. Awarding Agency/PCA is familiar with and knowledgeable about 2 C.F.R. § 200.321 and can demonstrate throughout this solicitation and in due diligence documentation that PCA has taken the following "6 affirmative steps" procuring and awarding contracts. (1) PCA places Small and Disadvantaged Businesses on the solicitation lists; (2)Small and Disadvantaged Businesses are solicitated as potential contract awards; (3) using the services of the SBA and MBDA as appropriate to identify Small and Disadvantaged Businesses as potential responders of PCA solicitations; (4) Direct Vendors and Members to create delivery schedules that encourage participation by Small and Disadvantaged Businesses; (5) Where legal and practical and economically feasible, Vendors and Members may divide their total purchase and/or service requirements per 2 C.F.R.§200.321. HUB companies earn an additional point during Evaluation Committee review of solicitation responses; and (6) requiring prime contractors using subcontractors to take the"6 affirmative steps." See paragraph titled"Subcontractors,If applicable,in Tab 3-Contract Terms and Conditions
Because PCA is compliant with 2 C.F.R. § 200.321, PCA Members are also in compliance. The PCA Member may require verification of the Vendor's or their subcontractor's HUB status. PCA allows Members to negotiate with the Vendor they are dealing with to use HUB subcontractors in order to meet their HUB goals.
Formation of Contract(Execution of Offer)
A response to this RFP is an Offer to Contract with Awarding Agency based upon the terms, conditions, scope of work, and specifications contained in this solicitation. A solicitation and the Vendor response do not become a contract unless and until a contract is awarded by the Awarding Agency's approving Board, Council or other Authority.
Interpretation
This solicitation represents the basis for any contract award and supersedes all prior offers, negotiations, exceptions and understandings (whether orally or in writing). Proposals should be self-explanatory and should not require any clarification or additional information.
Non-Collusion Statement
Vendors are required to certify the Non-Collusion Statement in the Signature Forms Tab 4. Vendors are required to state the party submitting a response; that such proposal or bid is genuine and not collusive or sham; that Vendor has not colluded, conspired, connived or agree, directly or indirectly, with an entity or person, to submit a sham response or to refrain from responding and has not in any manner, directly or indirectly, sought by contract or collusion, communication or conference, with any person, to fix the proposed price or of any other Vendor; or to fix any overhead, profit or cost element of said proposed price, or of that of any other Vendor; or to secure any advantage against PCA/Awarding Agency or any person interested in the proposed contract; and that all statements in said response are true.
A Vendor may be disqualified before or after the proposals are opened upon evidence of collusion with the intent to defraud or evidence of intent to perform other illegal activities for the purpose of obtaining an unfair competitive advantage.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 101
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Open Records Policy—Texas Public Information Act
Awarding Agency is an agency of the State of Texas and subject to the Texas Public Information Act.
Proposals submitted to PCA as a result of this solicitation may be subject to release as public information after contracts are executed or the procurement is terminated.
IMPORTANT: If Vendor believes that its response, or parts of its response, may be exempted from disclosure under Texas law, the Vendor must specify page-by-page and line-by-line the parts of the response which it believes are exempt. In addition,the Vendor must specify which exception(s)to the Texas Public Information Act are applicable and provide detailed reasons to substantiate the exception(s).Vague or general claims to confidentiality will not be accepted. Awarding Agency/PCA assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Vendors. "Contractor[Vendor] is required to make any information created or exchanged with the State pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state." TEX. GOV'T. CODE 2252.907.
Preferences
PCA may apply applicable preferences for Texas resident Vendors in the event of a tie bid. Preferences must be explicitly claimed by Vendor and may not be applicable in procurements and/or contracts involving PCA may apply applicable preferences for Texas resident Vendors in the event of a tie bid. Preferences must be explicitly claimed by Vendor and may not be applicable in procurements and/or contracts involving federal funds. See TEX. GOV'T. CODE§2252.001-.004.
Similar Products
Whenever product(s) is(are) referred by PCA in this solicitation by describing a proprietary product or by using the name of a manufacturer or brand name, the term "or equal" if not inserted shall be implied, as applicable. The specified product(s)shall be understood as indicating type, function, minimum standard of design,efficiency and quality desired and shall not be construed as to exclude other manufactured products or comparable quality, design and efficiency, as applicable.
Contract Award/Multiple Awards
Contract awards will be made to the successful respondent(s)for the total line of services submitted based on the criteria set forth within this document. Awarding Agency/PCA reserves the right to award multiple contracts.
Because PCA is a national cooperative, it may be in PCA Members best interests to offer multiple contract awards. Awarding Agency/PCA reserves the right to award multiple contracts for the following reasons:
1) Geographic location of offices/services;
2) Different offerings, such as product lines;
3)'Value Add'offerings;
4)Vendor qualifications/market presence;
5)Small businesses and large companies offering quality products/services; and 6) Other reasons vendors provide value to PCA membership.
PCA Compliance With Texas DOA Administrator's Reference Manual, Section 17, If Applicable PCA Compliance with Texas Department of Agriculture (TX DOA) Administrator's Reference Manual (ARM), Section 17- Compliance with Texas Department of Agriculture requirement 17.74 (dated June 25, 2015)pursuant to USDA Memo SP 12-2016(dated November 13, 2015)requires the public advertising for
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 102
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
an RFP to include either(1)the detailed specifications and/or technical requirements, and (2)the method and criteria for evaluation OR the location and process to access the information.
Solicitation responses are evaluated per TEC 44.031 and recommendations for contract award(s) are based on the following Evaluation Factors.The detailed specifications and technical requirements are found in the Scope and Specifications section. The location and process to access this information are also contained in the public notice as required.
Evaluation Factors Point Value
Qualifications
Products/Services 20
Qualification and Experience 20
Performance Capability 20
Reputation of Vendor(References) 15
Pricing 25
SUBTOTAL POSSIBLE 100 POINTS: 100
Additional Qualifying Points
'Value Add' Products and Services 7
HUB/MWBE/VOSB/SBE/ISO Certifications 3
GRAND TOTAL POSSIBLE POINTS: 11Q
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 103
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
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-337-21 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 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.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 104
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
In addition to this Contract, a Supplemental Contract (agreement) between Vendor and the PCA Member may be established to further detail the terms and conditions and scope and specifications of the PCA Member's specific project. In the event of a conflict between this Contract and the Supplemental Contract, as to the Awarding Agency/PCA,this Contract shall prevail. In the event of a conflict between this Contract and the Supplemental Contract,as to the PCA Member,the Supplemental Contract shall prevail unless the Supplemental Contract states otherwise. This supplemental contract may be added to the PCA Member's purchase order.
Exceptions from Item Specification or Contract Terms and Conditions Any and all limitations, exceptions, qualifications, special conditions, or deviations from the Contract Terms and Conditions or any of the item specifications must be clearly noted in detail by the respondent at the time of submission of the response. The absence of such limitations, exceptions, qualifications, special conditions, or deviations being submitted in writing with the respondent's submittal will hold the respondent accountable to the Cooperative and its Members to perform in strict accordance with all the Contract Terms and Conditions and all the item specifications as written. The respondent should be aware that the submission of any such limitations, exceptions, qualifications, special conditions, or deviations with their response may place the respondent at a competitive disadvantage or otherwise prevent the Cooperative from considering the response.
If applicable, any deviation from any of the specifications, including the delivery of any product other than the specific brand and model of the product awarded, will be grounds for rejection of the product(s)when delivered, and will expose the Vendor to the remedies identified in the section of Contract Terms and Conditions entitled "Remedies for Non-Performance of Contract and Termination of Contract" and may jeopardize future business from Awarding Agency and Purchasing Cooperative of America and PCA Members.
Section Titles
The section titles in the Contract Terms and Conditions are for convenience and reference only, and in no way define, describe, extend, or limit the scope or intent of the provisions of any section of this document.
Unless otherwise stated, any listing of factors or criteria in this document does not constitute an order of preference or importance.
Use of Contract by PCA Members; Addition of New Members Vendor agrees and understands that this solicitation and Contract may be used to accomplish work for both current and future PCA Members. TEX. GOV'T. CODE§2269.407. It is the responsibility of Vendor to bring new Members wishing to utilize their products and services into the Cooperative.
Multiple Contract Awards;
In accordance with TEX. GOV'T. CODE §2269.406, PCA/Awarding Agency reserves the right to award multiple contracts under the solicitation, including multiple contracts for each product/service category.
Product/Service categories are established at the sole discretion of PCA. Because PCA is a national cooperative, it maybe in PCA Members' best interests to offer multiple contract awards. PCA reserves the right to award multiple contracts for the following reasons: 1) Geographic location of offices/services; 2) Different offerings, such as product lines; 3) 'Value Add' offerings; 4) Vendor qualifications/market presence; 5) Small businesses and large companies offering quality products/services; and 6) Other reasons Vendors provide value to PCA membership.
Non-Exclusivity
Nothing in this Contract may be construed to imply that Vendor has the exclusive right to provide products and/or services to PCA Members. During the Term of this Contract, PCA Members reserve the right to use
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 105
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
all available resources to procure other products and/or services as needed and doing so will not violate any rights of Vendor.
Vendor Protest/Appeal Procedure
PCA has a written Vendor Protest/Appeal Procedure that is published on the PCA website at pcamedcaoor /fags . The format protest/appeal must be in writing, present a precise statement of the relevant facts, identify the specific issue(s)to be resolved, and present arguments in support of the protest.
Negotiations
PCA shall determine which responses are in the competitive range and/or are reasonably susceptible of being selected for award. Responses not in the competitive range may not be further evaluated. Responses in the competitive range shall be evaluated on the basis of price and the other evaluation criteria set forth in the solicitation. In the event that PCA decides to conduct negotiations, notice shall be provided to each Vendor whose response is being considered for award. This notification may identify, in general terms, the elements or factors upon which PCA intends to base its negotiations.
Vendors will not be assisted, in any way,to bring their responses up to the level of other responses through discussions. During the course of negotiations, no Vendor's technical response or pricing shall be revealed to any other Vendor or to any other person who is not involved with the evaluation process. PCA will also not indicate to Vendor a cost or price that it must meet to either obtain further consideration nor will it provide any information about other Vendors' responses or prices.
Best and Final Offer
PCA in its sole discretion, may request all responses in the competitive range to submit a Best and Final Offer.Vendors must submit their Best and Final Offers in writing. If Vendor does not respond to the request for a Best and Final Offer, then that Vendor's most recent offer will be considered to be its Best and Final Offer.
No Agency or Endorsements
It is the intention of the parties to this Contract that Vendor is independent of the Awarding Agency, is an independent contractor, and is not an employee, agent, joint venture, or partner of any PCA Member.
Nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee, agent,joint venture or partner, between the Awarding Agency, PCA and Vendor, any PCA Member and Vendor, PCA, Awarding Agency and any of Vendor's agents, or any PCA Member and any of Vendor's agents. Vendor has no power or authority to assume or create any obligation or responsibility on behalf of PCA, the Awarding Agency or any PCA Member, and PCA, Awarding Agency and PCA Members have no power or authority to assume or create any obligation or responsibility on behalf of Vendor.This Contract shall not be construed to create or imply any partnership, agency, or joint venture, nor shall it be construed or deemed an endorsement of a specific company or product.Vendor agrees that Awarding Agency, PCA, its employees,agents, Board of Directors, Council, other Authority, administration, and PCA Members have no responsibility for any conduct of any of Vendor's employees, agents, representatives, contractors, or subcontractors.
Amendment(s)To This Contract Between Awarding Agency/PCA and Vendor The terms and conditions of this Contract shall govern all procurements conducted hereunder. No pre- published terms on Vendor's estimate or quote, acknowledgments, invoices, or other forms shall have any force or effect unless expressly agreed to by the PCA Member and Vendor.
No amendment of this Contract shall be permitted or shall have any effect unless and until a written amendment to this Contract is approved and executed by PCA.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 106
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Term of Contract; Renewal of Contract
The initial Term of this Contract is for a period of one (1) year, with PCA having the option to renew the Contract for four(4)additional one-year terms, at Purchasing Cooperative of America's sole discretion. See TEX. GOV'T. CODE§2269.409. Consequently, the total Term of the Contract may be for a period of five (5) years. All of the renewals take place automatically unless the awarded contractor/vendor is notified otherwise 30 days prior to the date of renewal. The phrase "Term" in this Contract shall mean the then- current Term of the Contract, whether an initial term or a renewal term.
PCA reserves the right to award contract(s)to a Vendor for a longer initial term period if it is determined to be in the best interest of the Awarded Agency and/or PCA Membership.
Upon mutual written agreement of both parties, this contract may be extended beyond the expiration of the contract time period.
Vendor Assignment of Contract to Others
Vendor may not assign this Contract or any of its rights, duties or obligations hereunder without the prior written approval of PCA. Any attempted assignment of this Contract by Vendor shall be null and void. Any Purchase Order or Job Order made as a result of this Contract may not be transferred, assigned, subcontracted, mortgaged, pledged, or otherwise disposed of or encumbered in any way by Vendor without the prior written approval of PCA and, if applicable, the PCA Member.
Compliance with Laws—Federal, State, Local and Other Recognized Governments Vendor shall comply with all applicable federal, state, and local laws, statutes, ordinances, standards, orders, rules, and regulations, including, as applicable:
o Federal Agencies may incorporate by reference the Federal Acquisition Regulations(FAR and DFAR)sections that are appropriate to their project requirements o All contracts made by the non-Federal entity under a Federal award must contain the appropriate provisions of 2 CFR, Part 200—Appendix ii
o Workers'compensation laws
o Minimum and maximum salary and wage statutes and regulations, including prompt payments
o Licensing laws and regulations
o Davis-Bacon Act (40 U.S.C. § 276a/29 CFR Part 5). When required or requested by a PCA Member, Vendor shall furnish PCA Member with satisfactory proof of Vendor's compliance with this provision with a "certified payroll" It is the Member's obligation to inform the contractor of this requirement and note it in the Purchase Order. o Copeland"Anti-Kickback"Act(18 U.S.C. §874/29 CFR Part 5) o Equal Opportunity Employment requirements (Executive Orders 11246 and 11375/41 CFR Chapter 60)
o Contract Work Hours and Safety Standards Act(40 U.S.C. §327-330/29 CFR Part 5) o McNamara-O'Hara Service Contract Act(41 U.S.C. 351) o Section 306 of the Clean Air Act(42 U.S.C. § 1857.h.) o Section 508 of the Clean Water Act(33 U.S.C. § 1368) o Executive Order 11738, Environmental Protection Agency regulations(40 CFR Part 15), o Administrative Requirements for Grants and Cooperative Contracts to state, local, and federally recognized Indian tribal governments(24 CFR Part 85) o Mandatory standards and policies contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871).
For Arizona Purchase Orders under this contract.
o AZ 34-607 as revised, will apply, and all applicable requirements and regulations, including those related to reporting, patent rights, copyrights, data rights and those mandated by federal agencies making awards of federal funds to Members
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 107
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
o Arizona "Cancellation or Conflict of Interest"A.R.S. 38-511 o Records Retention:School Code R7-2-1083 by A.R.S. 35-214 and 35-215 o All Vendors shall comply with A.R.S. 41-4401 and 23-214(A) Federal Immigration and Nationality Act" (FINA) as well as all federal laws when working in Arizona, while these requirements are for Vendors wishing to work with Arizona School Districts, Vendors shall also meet the jurisdictional requirements of other states as appropriate. o A.R.S 15-512(H) provides for fingerprinting for contractors and subcontractors, and Vendors to be fingerprinted where frequent or regular services are performed on school grounds(similar to Texas requirements).
All States:
o For the entire duration of this Contract, Vendor and all subcontractors shall maintain all required licenses, certifications, permits, and any other documentation necessary to perform this Contract. All permits will be acquired by Vendor and invoiced to the PCA Member at cost as part of the Purchase Order, unless the permits are provided by the PCA Member.
o Vendor must comply with all state and local building code requirements unless otherwise specifically provided in the Member's Purchase Order or Job Order, and Vendor must pay all fees and charges for connections to outside services and for use of property outside the project site.
o The states of individual PCA Members may have regulations and laws that govern payment retention and progress payments for public projects. Vendor is responsible for being acquainted with and complying with each state's requirements.
Additional DFAR Federal Security Requirements for PCA Members and Awarded Contractors Some federal agencies require certifications from contracted primary and sub-tier vendors that conform to the Cybersecurity Maturity Model Certification (CMMC) and other requirements, as mandated by the U.S.
Department of Defense (DOD) under FAR Clause 52.204-21, NIST Special Publication 800-171 per the Defense Federal Acquisition Regulation Supplement(DFARS)252.204-7012 (3, 4, and 5).
PCA contracts allow federal agencies the ability to have a supplemental contract that meets their additional requirements; and these additional requirements would take precedent with total project/contract control with that agency. Sub-tier companies working on those projects have to be certified. Universities working under the above contract certifications will be required to have the appropriate certification level(s); this includes the university's sub-tier contractors.
If Vendor has received or is seeking certification, provide a copy of the certification, showing the date awarded and the level (1 thru 5) that your firm qualified for. See Form L —VENDOR QUESTIONNAIRE, #15.
Force Majeure
The term Force Majeure shall include, but is not limited to, governmental restraints or decrees, provided they affect all companies in the Vendor's industry equally and are not actions taken solely against the Vendor; acts of God (except natural phenomena, such as rain, wind or flood, which are normally expected in the locale in which performance is to take place); work stoppages due to labor disputes or strikes; fires; explosions; epidemics; riots; war; rebellion; or sabotage.
The parties to this contract will be required to use due caution and preventive measures to protect against the effects of Force Majeure, and the burden of proving that Force Majeure has occurred shall rest on the party seeking relief under this section. The party seeking relief due to Force Majeure will be required to promptly notify the other party in writing, citing the details of the Force Majeure event, and will be required to use due diligence to overcome obstacles to performance created by the Force Majeure event, and shall resume performance immediately after the obstacles have been removed, provided the contract has not been terminated in the interim.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 108
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Delay or failure of performance, by either party to this contract, caused solely by a Force Majeure event shall be excused for the period of delay caused solely by the Force Majeure event, provided the affected party has promptly notified the other party in writing. Neither party shall have any claim for damages against the other resulting from delays caused solely by Force Majeure.
Neither PCA nor PCA Members will be responsible for any costs incurred by a Vendor because of the Force Majeure event unless the PCA Member has requested, in writing, that the Vendor incur such costs in connection with any delay or work stoppage caused by the Force Majeure event.
Notwithstanding any other provision of this section, in the event the Vendor's performance of its obligations under this contract is delayed or stopped by a Force Majeure event, the Cooperative shall have the option to terminate this Contract. Furthermore, this section shall not be interpreted as to limit or otherwise modify any of the PCA Member's rights as provided elsewhere in this contract.
Governing Law and Exclusive Venue
The laws of the State of Texas, without regard to its provisions on conflicts of laws, govern this Contract.
Any dispute under this Contract involving Awarding Agency must be brought exclusively in the state and federal courts located in County of Awarding Agency,Texas,and the parties hereby submit to the exclusive jurisdiction of said courts. Any dispute not involving Awarding Agency but involving a PCA Member and Vendor shall be governed by the laws of the state of the Member,without regard to its provisions on conflicts of laws, and exclusive jurisdiction and venue shall lie in the city, county, and state of the Member.
Indemnification
VENDOR SHALL INDEMNIFY AND HOLD HARMLESS AWARDING AGENCY, PCA, AND EACH PCA
MEMBER, INCLUDING MEMBERS' DIRECTORS, OFFICERS, ADMINISTRATORS, EMPLOYEES, AND
AGENTS, FROM ALL CLAIMS, LIABILITIES, COSTS, SUITS OF LAW OR IN EQUITY, EXPENSES,
ATTORNEYS' FEES, FINES, PENALTIES OR DAMAGES ARISING FROM ACTS OR OMISSIONS OF
VENDOR,VENDOR'S EMPLOYEES,AGENTS, OR SUBCONTRACTORS, IN CONNECTION WITH THIS
CONTRACT, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM CLAIMED INFRINGEMENT
OF ANY PATENTS, TRADEMARKS, COPYRIGHT OR OTHER CORRESPONDING RIGHT(S)WHICH IS RELATED TO ANY ITEM VENDOR IS REQUIRED TO DELIVER. VENDOR'S OBLIGATIONS UNDER
THIS CLAUSE SHALL SURVIVE ACCEPTANCE AND PAYMENT BY AWARDING AGENGY, PCA OR THE MEMBER.
Non-Appropriation "Funding Out" Clause
Renewal of this Contract, if any, will be in accordance with TEX. LOCAL GOV'T. CODE §271.903 concerning non-appropriation of funds for multi-year contracts. Other states may have similar statutes.
Notwithstanding any other provision of this Contract or obligation imposed on any Member by this Contract, Members shall have the right to terminate any Supplemental Contract, Purchase/Delivery/Job Order without default or liability to Vendor resulting from such termination, effective as of the expiration of each budget period of any Member if it is determined by any Member, at their sole discretion, that there are insufficient funds to extend any Supplemental Contract, any Purchase/Delivery/Job Order. If the Member does not budget to fund the contract, the Member cannot then get the products or services elsewhere.
The parties agree that this Contract, any Supplemental Contract, any Purchase/Delivery/Job Order are commitments of the current revenue of PCA Member only.
Notice
Any notice provided under the terms of this Contract by one party to another party shall be in writing and shall sent by hand-delivery, by certified or registered mail, return receipt requested, or by email.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 109
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Contract Notice shall be deemed effective upon receipt. Electronic signature is legal and acceptable.
Notification of Material Change in Vendor Operations
Vendor is required to notify Purchasing Cooperative of America of any material change in operations, including changes in distribution rights for awarded products, bankruptcy, material changes in financial condition, change of ownership, and the like, within three (3) business days of such change.
Change Orders, if Applicable
Pursuant to TEX. EDUC. CODE§44.0411(a),for PCA Members that are Texas school districts, if a change in plans or specifications is necessary after the performance of a Job Order has begun or if it is necessary to decrease or increase the quantity of work to be performed or of materials, equipment, or supplies to be furnished, the PCA Member may approve change orders making the changes. The total Job Order price may not be increased because of the changes unless additional money for increased costs is approved for that purpose from available money or is provided for by the authorization of the issuance of time warrants.
The PCA Member may grant general authority to an administrative official to approve the change orders.
A Job Order with an original contract price of$1 million or more may not be increased under TEX. EDUC.
CODE §44.0411(a) by more than twenty-five percent (25%). If change orders for a Job Order with an original contract price of less than $1 million increases the contract amount to $1 million or more, the total of the subsequent change orders may not increase the revised contract amount by more than twenty-five percent(25%)of the original contract price. If a Job Order requires additional fee above this percent then a new purchase order must be used specifying the"new"requirements Fees and Permits, If applicable
All fees, expenses, and permits required by any Member in the completion of contracted work or for products delivered are the sole responsibility of the Vendor. It is the responsibility of the Vendor to obtain and pay for all relevant permits required by any organization regarding any work being done or product being delivered under this Contract.
Equal Opportunity; Equal Employment Opportunity(EEO) Disclosures It is the policy of PCA/Awarding Agency not to discriminate on the basis of race, color, national origin, gender, limited English proficiency or handicapping conditions in its programs. Vendor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this Contract, with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age (except where based on a bona fide occupational qualification),gender(except where based on a bona fide occupational qualification)or race,color, religion, national origin or ancestry, handicapping condition, marital status, political affiliation or belief, or veteran status. Vendor further agrees that every subcontract entered into for the performance of this Contract shall contain a provision requiring non-discrimination in employment herein specified, binding upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Contract.
Vendor is, and during the Term will remain, in compliance with Executive Order 11246, entitled "Equal Employment Opportunity"as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). Applicable ONLY to federally assisted construction contracts:
Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of `federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity"(30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 110
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
A final, non-appealable judgment by a court of competent jurisdiction under which Vendor was proven to discriminate in violation of this Section will constitute Vendor's material breach of this Contract,whereupon PCA/PCA Awarding Agency may terminate this Contract.
Workforce
Vendor shall employ only orderly and competent workers, skilled in the performance of the services, if any, which shall be performed under this Contract. Vendor, its employees, subcontractors, and subcontractor's employees may not use or possess any weapons, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on PCA Members' property, nor may such workers be intoxicated or under the influence of alcohol or drugs on PCA Members' property.
Subcontractors, If Applicable
If Vendor uses subcontractors in the performance of any part of this Contract, Vendor shall be fully responsible to the PCA Member for all acts and omissions of the subcontractors.
Nothing in this Contract shall create for the benefit of any such subcontractor any contractual relationship between Awarding Agency/PCA, PCA Members and any such subcontractor, nor shall it create any obligation on the part of PCA Members to pay or to see to the payment of any monies due any such subcontractor except as may otherwise be required by law.
Vendor represents and warrants that it is willing, able, and capable of obtaining, supervising, and being responsible for any subcontractors who perform and/or provide products and services related to this Contract.
Prime contractors must be familiar with and knowledgeable about 2 C.F.R. § 200.321 and be able to demonstrate that they took the "six affirmative steps"when selecting subcontractors. See paragraph titled PCA Compliant with 2 C.F.R.§200.321 in the Support of Small and Disadvantaged Businesses.
Insurance, If Applicable
Vendor is required to provide PCA Member with copies of certificates of insurance, naming the Member as additional insured for Texas Workers Compensation and General Liability Insurance, within 14 business days of contract award and prior to the commencement of any work under this Contract. Certificates of Insurance, name and address of Vendor, the limits of liability, the effective dates of each policy, and policy number shall be delivered to Member prior to commencement of any work under this Contract. The insurance company insuring Vendor shall be licensed in the State of Texas or the state in which Member is located and shall be acceptable to the Member. Vendor shall give Member a minimum of ten (10) days' notice prior to any modifications or cancellation of said policies of insurance. Vendor shall require all subcontractors performing any work under or relating to this Contract to maintain coverage as specified below. Vendor shall, at all times during the Term of this Contract, maintain insurance coverage with not less than the type and requirements shown below.
If a PCA Member in a state other than Texas has higher insurance requirements than those listed below, then such may be added to the Purchase Order or Job Order. Such insurance is to be provided at the sole cost of the Vendor.
These requirements do not establish limits of Vendor's liability.
Specialty insurance, such as "marine insurance", if required for a Purchase Order, may be listed as a line item and passed through to the Member.
All policies of insurance shall waive all rights of subrogation against PCA Members, and Members'officers, employees and agents.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 111
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Upon request, certified copies of original insurance policies shall be furnished to PCA Members. The Member, if requested, shall be named as an "additional insured" on insurance policies. The PCA Member reserves the right to require additional insurance should the PCA Member deem additional insurance necessary, in their sole discretion.
Minimum insurance requirements:
• Automobile Liability Coverage: Combined Single Limit, each accident/any auto $1,000,000 • Commercial General Liability, each occurrence $1,000,000 Damage to Rented Premises, each occurrence $50,000 Medical Expenses, any one person $5,000
Personal and Advertising Injury $1,000,000
General Aggregate $2,000,000
Products-Comp/Op Aggregate $2,000,000
• Umbrella Liability, each occurrence $1,000,000 Excess Liability,aggregate $1,000,000
• Workers Compensation state's statutory limit Employers' Liability,each accident $1,000,000
E.L.disease-each employee $1,000,000
E.L.disease-policy limit $1,000,000
Performance and Payment Bonds, if Applicable
Vendor agrees to provide performance bonds and/or payment bonds, as required by law, based on the amount or estimated amount of any Purchase Order or Job Order, as applicable. TEX. GOV'T. CODE §2269.411. Pursuant to TEX. GOV'T. CODE§2253.021, a performance bond is required if a Job Order is in excess of$100,000 for PCA Members that are governmental entities subject to Chapter 2253;a payment bond is required if a Job Order is in excess of$25,000 for PCA Members that are governmental entities subject to Chapter 2253 and are not municipalities or a joint board created under TEX. TRANSP. CODE, Subchapter D, Chapter 22, and a payment bond is required if a Job Order is in excess of$50,000 for PCA Members that are governmental entities subject to Chapter 2253 and are municipalities or a joint board created under TEX. TRANSP. CODE, Subchapter D, Chapter 22. Other states may have similar statutes.
Vendor shall submit a letter from a Texas registered bonding (surety) company. It is recommended that it contain the maximum capacity per project and in aggregate. Please list Bond Rate.
Expenditures for all bonds shall be a pass-thru to the Member(with no additional administrative cost) and reconciled at the end of each project.
Customer Support
Vendor shall provide timely and accurate technical advice to Awarding Agency and PCA staff and Members.
Vendor shall provide reasonable training to PCA staff and PCA Members regarding products/services supplied under this contract by the Vendor, at no additional charge, upon request.
Members' Property
In the event of loss, damage, or destruction of any property owned by or loaned by a PCA Member that is caused by Vendor or Vendor's representative, agent, employee, or contractor, Vendor shall to the extent such loss, damage, or destruction is caused by Vendor or Vendor's representative, agent, employee or contractor, indemnify PCA Member and pay to the PCA Member the full value of or the full cost of repair or
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 112
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
replacement of such property, whichever is greater, within thirty (30) days of Vendor's receipt of written notice of the PCA Member's determination of the amount due. If Vendor fails to make timely payment, the PCA Member may obtain such money from Vendor by any means permitted by law, including, without limitation, offset or counterclaim against any money otherwise due to Vendor by the PCA Member.
Website Support
Vendor agrees to cooperate with PCA in publicizing contract information on the PCA website.Vendor also agrees to work with PCA in updating and maintaining current information on Vendor activities related to the Contract on the PCA website.
Vendor agrees to provide an electronic version of its logo for use on the PCA website upon request and provide other information as reasonably requested by PCA to help ensure that the PCA website is current and consistently updated.
Vendor agrees to promote its PCA contract by prominently displaying the PCA logo on its website with a link to the PCA website at wopcamenca.or .
Promotion of Contract Marketing Plan
The marketing of Vendor's company, products and/or services shall be the sole responsibility of Vendor.
PCA may supply Vendor with the PCA Members List that contain name, address, phone numbers, and/or email addresses. Members have primary responsibility for knowing the requirements for PCA Membership in the jurisdictions in which they operate. PCA will work with Vendors and Members to complete the PCA Membership process. Other items geared toward the joint-marketing of PCA and Vendor's company and its products/services shall be at PCA's sole discretion.
For so long as this Contract is valid and enforceable between the parties, Vendor agrees to display the PCA seal in its marketing materials, including, but not limited to, Vendor's website and related marketing materials. Vendor shall submit all promotional materials to PCA and obtain written approval before Vendor finalizes or publishes promotional material bearing the PCA name or seal. Vendor may not release any press release or other publication regarding this Contract or PCA unless and until PCA first approves the press release or publication in writing.
PCA will work with the Vendor in presenting the Cooperative to perspective Members in support of the awarded contract.
Encouraging Members to circumvent this Contract by purchasing directly from Vendor may result in suspension or termination of Vendor's awarded contract.
Ordering Procedures
Purchase Orders, including PCA contract number and title, are issued by the Member to the Vendor according to this Contract and any supplemental contract between the Vendor and Member. Vendors and Members must also send copies of Purchase Orders to PCA, unless otherwise stipulated by PCA. PCA may request confirmation of receipt of the Purchase Order from Vendor.
Invoicing Procedures; Payments
Packing Lists or other suitable shipping documents for products must accompany each shipment and must identify
(a) the name and address of the Vendor,
(b) the name and address or delivery location of the receiving entity, (c) the Purchase Order Number, and
PURCHASING COOPERATIVE OF AMERICA
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RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
(d) detailed descriptive information identifying the item(s)delivered including quantity, item number, product code, item description, number of containers, etc., as appropriate.
Vendor shall submit invoices, in duplicate, directly to the Member at the appropriate location(s) specified by the Member. Each invoice shall include the Member's Purchase Order Number and PCA contract number. All invoices shall be itemized to include the type of product(s) purchased and/or service(s) rendered. Vendor shall submit invoices in a timely manner during the Member's fiscal year in which the product(s) and/or service(s) are purchased. The shipment tracking number or pertinent information for verification of the Member's receipt shall be made available upon request by Member.
Member will make payments directly to Vendor. Member placing the Purchase Order or Job Order with Vendor shall alone be liable and/or responsible for payment for products and/or services ordered and must be invoiced directly by Vendor. In any case, payment will be made only after satisfactory delivery and acceptance of services/products in good order, including the necessary documentation indicated above, and only after receipt of an accurate Invoice from the Vendor including the necessary information indicated above.
Members will not be held responsible for any products delivered or invoiced without a valid current Purchase Order stating the PCA contract number and title.
Neither PCA, Awarding Agency nor any other Member shall be liable for the indebtedness of any other Member.
TEX. GOV'T. CODE§2251.021 shall govern when payments are due to the Vendor. Payments are due to Vendor by PCA Member whose governing body meets only once a month or less frequently, within forty- five (45)days after the later of the following:
(1) the date Member receives the products and services under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date Member receives an invoice for the products or service.
For Members whose governing bodies meet more often than once a month, payments are due by those Members within thirty(30) days after the later of the following:
(1) the date Member receives product(s) under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date Member receives an invoice for products or services.
Vendor agrees to pay any subcontractors the appropriate share of the payment received from Member not later than the tenth (10th) day after the date the Vendor receives the payment from Member.
The exceptions to payments made by Member and/or Vendor listed in TEX. GOV'T. CODE§2251.002 shall apply to this Contract.
Job Order Contracting/Construction Only—New Products
New Products and pricing, or non-pre-priced, will be handled as defined in the UPB (Unit Price Book).
Sales and installation of proprietary new technology, software and equipment may be accomplished by taking the manufacturer's published retail price on equipment and installation and applying the contractor's bid coefficient and local cost index.
Engineering Services
Those companies submitting and doing work in Texas may NOT provide Engineering Services via this contract per TEX. GOV'T. CODE§791. In Texas, if engineering or architecture is required,the selection for such professional services shall be made by the PCA Member per Texas law. Vendors working in other states shall follow the requirements of those jurisdictions.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 114
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Title and Risk of Loss, If Applicable
Whenever a PCA Member is purchasing (and not leasing) a product under this contract, title and risk of loss shall pass upon the later of Member's acceptance of the product or payment of the applicable invoice.
Records Retention
Vendor shall maintain its records and accounts in a manner that shall assure a full accounting for all products/services provided by the Vendor to Awarding Agency and/or PCA Members under this Contract.
These records and accounts shall be retained by Vendor and made available for review by Members for a period of not less than seven (7)years(some jurisdictions require 5)from the date of completion of the service(s), receipt of product(s), the date of the receipt by the Member of Vendor's final invoice or claim for payment in connection with this Contract, or the date Member makes final payments and closes pending matters in connection with a federal grant, whichever is later.
If an audit or contract compliance review has been announced, the Vendor shall retain its records and accounts until such audit or compliance review has been completed.
Monthly Vendor Reporting
Vendor shall provide PCA with a detailed monthly report and pro forma showing the total dollar volume of all sales under this Contract for the previous month in Microsoft Excel, in the format and with the information specified by PCA. Reports are due on the fifteenth (15) day of the month, after the close of the previous month and shall provide information regarding Purchase Orders and Job Orders during the previous month.
Vendor is responsible for collecting and compiling all sales under this Contract from all Members and submitting one (1) consolidated monthly report. The monthly report shall include, at a minimum, the date of each Purchase Order with scheduled start and completion date, Purchase Order number, Member name, city/town, and Purchase Order total dollar amount. The monthly report shall also include an overview of pending projects and purchase/job orders.
After a PCA Member signs a Purchase Order, the awarded Vendor shall submit a copy of the Purchase Order and/or supplemental agreement, if any, to PCA along with the mandatory monthly report with any change orders made prior to project completion.
Reports shall be submitted in Excel format to Purchasing Cooperative of America at P.O. Box 604, Hico, Texas 76457, or electronically to Be oats _® c m rc eor . The Monthly Report Form is at .LAcarnedca,or°c�on the Forms Tab. Copies of signed purchase orders and supplemental contracts shall be turned into PCA along with the Monthly Report.
Administration Fee
• The PCA Administrative Fee stated in the solicitation will be based on total sales made through this Contract.
• Vendor shall honor and pay the Administration Fee for any sales resulting from this Contract that occurred within thirty(30)days at the completion of on-going work. • Vendor shall pay PCA the contracted fee for monthly progress payments and/or at project completion within thirty(30) days.
• Failure to pay the Administrative Fee in a timely manner may result in Vendor's breach of this Contract and may result in suspension or termination of this Contract. • In the event that Vendor's contract expires or is terminated, Vendor agrees to pay the Administrative Fee for any projects extending beyond the expiration or termination date as those Purchase/ Delivery/Job Orders received prior to the expiration or termination are completed within thirty(30) days of the project or purchase order close out.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 115
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
• Vendor must maintain a good record for compliance under the contract, timely reporting, and prompt payment of Administrative Fees.
• Vendor shall make the check payable to"Purchasing Cooperative of America"; and send check to Purchasing Cooperative of America, P.O. Box 604, Hico, TX 76457. • If convenient for the Vendor, the check may be mailed with the monthly report The Administrative Fee for this solicitation is two (2) Iperceint, unless otherwise stated in Tab 6 Pricing.
Additional Fees and Reporting Information
Some states and other government/non-profit agencies require an additional fee to use another state's or agency's contracts in their jurisdiction. If an additional fee is requested and Vendor agrees, Vendor shall submit copies of the purchase orders involved and pay the additional fee to PCA who will then pay the entity involved. Additional fees must be discussed with PCA prior to acceptance of additional fee charges.
Awarded Contractors may not use PCA contract to request a contract from another agency or purchasing cooperative without the written approval of PCA as a requirement under Section 791 of the Texas Government Code. To do so without PCA written approval will automatically violate the provisions of this contract resulting in its immediate cancellation. Other cooperatives desiring to utilize PCA contracts must sign an Interlocal Agreement or contract with PCA defining the contract's use and PCA payment requirements. Some non-Texas Governmental Jurisdictions do not require an Interlocal Governmental Contract and may join PCA without one by signing up on line.
If this contract is adopted by another cooperative or entity,the Awarded Contractor(Vendor)for this contract is still responsible for PCA fees based on the work performed for that entity, cooperative and/or that cooperative's Members. All such work shall be reported on the PCA Monthly Report and fees paid accordingly.
Vendor Review
Awarding Agency and Purchasing Cooperative of America desire to provide quality Vendors with its Cooperative program. Vendor must maintain a good audit record for:
• compliance under the contract
• timely activity reporting, and
• prompt payment of Administrative Fees
Right to Review,Audit and Inspect
Awarding Agency /PCA, PCA Members, any federal agency that has awarded federal funds/grant(s) to Member, and the Comptroller General of the United States, and/or any of their authorized representatives, shall, upon written notice, have the right to audit and examine all of Vendor's records and accounts relating to this Contract and inspect any project performed by the Vendor relating to this Contract. Records shall be open to inspection and audit review and/or reproduction to the extent necessary to adequately permit evaluation and verification of:
a) Vendor's compliance with this Contract and the requirements of the solicitation. b) Compliance with procurement laws, policies, and procedures, including, without limitation, reviewing/comparing pricing on invoices for Awarding Agency or Members. c) Compliance with provisions for computing billings to Members. d) Any other matter related to this Contract.
PURCHASING COOPERATIVE OF AMERICA
Exhibit 2 116
RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
Supplemental Contracts
The PCA Member and Vendor may enter into a separate, supplemental contract per purchase order. Any supplemental contract developed as a result of this Contract and/or the RFP is exclusively between the PCA Member and Vendor and shall have no effect or impact on Awarding Agency, PCA, any other PCA Member, or this Contract. Any supplemental contract between Vendor and PCA Member may be subject to immediate cancellation by the PCA Member(without penalty to the PCA Member)if, in the opinion of the PCA Member, the quality, service, specification requirements, and/or the terms and conditions are not maintained as stated in the supplemental contract. Copies of all supplemental agreements and purchase orders shall be sent to PCA by the Vendor as part of this contract. See "Compliance with Specifications and Contract"for further information in Tab 5.
Tax Exempt Status
All PCA Members that are Texas governmental entities or agencies are exempt from payment of Texas State Sales Taxes under TEX. TAX CODE§151.310 for the purchase of tangible personal property. Laws of other states govern the tax status of PCA Members in these other states.Vendor represents and warrants that it shall pay all taxes or similar amounts resulting from this Contract, including, without limitation, any federal, state, or local income, sales or excise taxes of Vendor or its employees. PCA Members shall not be liable for any taxes resulting from this Contract, except where otherwise required by law.
Tax Responsibilities of Vendor and Indemnification for Taxes Vendor is responsible for complying with all States' tax laws of states in which they work and the federal government. Vendor and all subcontractor(s) of Vendor shall pay all federal, state, and local taxes applicable to Vendor's operation, any persons employed by Vendor, and all subcontractors of Vendor.
Vendor shall require all subcontractors to hold Awarding Agency/PCA and the PCA Member harmless from any responsibility for taxes,damages,and interest. If applicable,contributions required under federal,state, and/or local laws and regulations and any other costs, including, but not limited to, transaction privilege taxes, unemployment compensation insurance, Social Security, and Workers Compensation, shall be the sole responsibility of Vendor.
Sales Tax-Texas Only
Upon request, each Member will provide a Tax Exemption Certificate to the Vendor. Texas government entities are public jurisdictions that are exempt from Texas sales, excise, and use taxes. Unless otherwise specified in this solicitation, Texas sales tax will not be included in any delivery order or purchase order or invoice submitted by any Vendor unless the Vendor has requested a Texas Sales Tax Exemption Certificate from the Member in writing and failed to receive the same within a reasonable period of time. The Limited Sales, Excise,and Use Tax Laws recognize the inclusion of tax exemption information as part of a purchase order document to be as binding as if it had been submitted separately, and by responding to this solicitation, the respondent agrees to accept tax exemption information in such form.
IRS Request for Taxpayer Identification Number and Certification,W-9 To receive payment under this Contract,Vendor shall have a current IRS W-9 Form on file with the Member.
Other States' Tax Requirements
Payment of taxes by PCA Members Outside of Texas— PCA Members outside of Texas will pay only the rate and/or amount of taxes per the purchase order sent to the Vendor as appropriate to the specific PCA Member.
State and Local Transaction Privilege Taxes—The PCA Member is subject to all applicable state and local transaction privilege taxes. Transaction privilege taxes apply to the sales of products and are the sole
PURCHASING COOPERATIVE OF AMERICA
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RFP OD-337-21 Fire, Safety, Security, Surveillance, Equipment, Service and Related Items
responsibility of Vendor, as the seller, to remit. Failure to remit taxes from the PCA Member, as the buyer, does not relieve Vendor, as the seller, from its obligation to remit taxes.
Severability
In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
Waiver
No claims or rights arising out of a breach of this contract can be discharged in whole or part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.
No failure on the part of either party at any time to require the performance by the other party of any term hereof shall be taken or held to be a waiver of such term or in any way affect such party's right to enforce such term, and no waiver on the part of either party of any term hereof shall be taken or held to be a waiver of any other term hereof or the breach thereof. No waiver,alteration,or modification of any of the provisions of this Contract shall be binding unless in writing and signed by duly authorized representatives of the parties hereto.
Participation in PCA Program
Vendor acknowledges and agrees that continued participation in the PCA Cooperative Program is subject to PCA's sole discretion and that Vendor may be removed from the Program at any time, with or without cause, in PCA's sole discretion. All work resulting from this Contract must cease immediately after completion of the final accepted Purchase Order.
Nothing in this Contract or in any other communication between PCA and Vendor may be construed as a guarantee that PCA Members will submit any Purchase Order to Vendor at any time.
Vendor agrees to use commercially reasonable best efforts to provide the product(s) and/or service(s) subject to this Contract. Vendor shall furnish all supervision, labor, tools, equipment, permits, licenses, transportation, insurance, material, and supplies necessary to complete any scope of work, Purchase/Job Order under this Contract. Vendor shall use skilled,trained personnel,who shall be supervised by Vendor.
Remedies for Non-Performance of Contract and Termination of Contract Should the participating PCA Member suspect or find that the Contractor or any of its subcontractors are not in compliance, PCA Member 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.
This Contract shall remain in effect until
(1) Contract expires by its terms.
(2) For Convenience: PCA may terminate this Contract, in whole or in part,without penalty and without cause, by giving (30)days written notice of such termination to contractor. (3) For Cause: Awarding Agency may terminate this contract if Contractor fails to perform as agreed or is not performing to the standards expected by PCA Member and PCA. (4) The Contract is terminated by mutual consent of PCA and Vendor with thirty (30) days' written notice. All active purchase orders must be completed.
PURCHASING COOPERATIVE OF AMERICA