Bell Gardens City Council
September 8, 2025

5 personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.

C. In the event that City, in its sole and absolute discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned to perform services pursuant to this Agreement, Vendor shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons.

D. Vendor shall be responsible for payment of all employees’ and subcon tractors’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security .

E. Permits and Licenses. Vendor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City business license.

Section 5. INSTRUCTION ON MAINTENANCE

City’s personnel in coordination with Vendor’s personnel shall have a period of thirty (30) calendar days from the date the Equipment is delivered to run performance tests of the Equipment in order to determine whether or not the Equipment meets specifications, is not damaged and is functioning properly. Vendor, during the testing and inspection period contemplated herein, shall also provide City personnel with instruction and training on maintenance of the Equipment and shall supply City with true and correct copies of all technical specifications, operating manuals and other materials relating to the maintenance and upkeep of the Equipment. The foregoing shall be in addition to and not in lieu of any training program specified under the Sourcewell 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 delivery 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 Sourcewell under the Sourcewell RFP and Sourcewell Contract subject to the same terms and conditions set forth therein, including but not limited to the warranties referenced under Section 2(B) of the Sourcewell Contract.

Section 7. COMPENSATION

A. Compensation. Vendor shall sell and deliver the Equipment as referenced in the Estimate at unit pricing that is no greater than the unit pricing provided to Sourcewell for identical services under the Sourcewell Documents. The foregoing notwithstanding, in no event may Vendor’s total aggregate compensation for the

6 sale and delivery of the Equipment exceed the aggregate sum of SEVENTY-NINE

THOUSAND SEVEN HUNDRED FORTY-TWO DOLLARS AND FORTY CENTS ($79,742.40) (hereinafter, the “Not-to-Exceed Amount”).

Section 8. [Reserved – No Text]

Section 9. [Reserved – No Text]

Section 10. PROHIBITED INTERESTS

Vendor warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreem ent.

For breach or violation of this warranty, City shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 11. INDEPENDENT CONTRACTOR

Vendor will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute as an agent, servant, or employee of C ity and shall not and is not intended to create the relationship of partnership, joint venture or association between City and Vendor.

Section 12. 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 13. CONFLICTS OF INTEREST

Vendor hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with in connection with this project. Vendor hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct whi ch would constitute a conflict of interest under any City ordinance, state law or federal

7 statute. Vendor agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that executes in connection with the performance of this Agreement.

Section 14. INDEMNIFICATION

Vendor shall indemnify, defend and hold harmless the City, its elected and appointed officials, commissioners, officers, employees, agents and volunteers for the same types of loss, claims, suits, actions, damages and causes of action to the extend caused by the acts or omissions of Vendor and to the same extent afforded the Sourcewell, Sourcewell’s officials, commissioners, officers, agents, employees and volunteers.

Section 15. INSURANCE

Vendor shall at all times during its period of performance under this Agreement maintain all policies of insurance at the same coverage levels and of the same type and scope as set forth under Section 18 of the Sourcewell Contract.

Section 16. MUTUAL COOPERATION

A. City shall provide all pertinent data, documents and other requested information as is reasonably available for the proper performance of Vendor services.

B. In the event any claim or action is brought against C ity relating to Vendor performance in connection with this Agreement, Vendor shall render any reasonable assistance that City may require.

Section 17. TERMINATION FOR CONVENIENCE; TERMINATION FOR CAUSE

A. Termination for Convenience. Prior to the issuance of City’s written Notice to Proceed, City may immediately terminate this Agreement, inclusive of the purchase of the Equipment, without cause, without liability and free of any charge or cost to City. After the City’s issuance of a written Notice to Proceed, City may terminate this Agreement for convenience and without cause upon fifteen (15) days of written notice to Vendor. Such termination for convenience shall be made in writing signed by the City Representative specifying the effective date of such termination. Vendor may only terminate this Agreement for cause. Except as otherwise provided herein, in the event of City’s termination of this Agreement for convenience, Vendor shall be compensated for such Equipment delivered to and accepted by City and for such services performed up to the effective date of the termination.

B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice

8 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 1 7(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 th e cure of an Event of Default under this subsection that exceeds fifteen (15) calendar days from the end of the initial 15-day cure period.

If an Event of Default relates to a material falsehood or misrepresentation set forth in the Surfacing specifications that is not susceptible to a cure, City in its sole and

9 absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.

D. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by within thirty (30) calendar days of Vendor’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period.

The foregoing notwithstanding, an Event of Default dealing with C ity’s failure to timely pay any undisputed sums to Vendor shall be cured by City within thirty (30) calendar days from the date of Vendor’s Default Notice to City.

E. City, in its sole and absolute discretion, may also immediately suspend Vendor’s performance under this Agreement (or the performance of any specific task or function performed by under this Agreement) pending Vendor’s cure of any Event of Default by giving written notice of City’s intent to suspend Vendor’s performance (hereinafter, a “Suspension Notice”). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Vendor shall be compensated only for those services and tasks which have been rendered by to the reasonable satisfaction of City up to the effective date of the suspension.

No actual or asserted breach of this Agreement on the part of City shall operate to prohibit or otherwise restrict City’s ability to suspend this Agreement as provided herein.

F. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

G. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:

1. Upon fifteen (15) day written notice to Vendor, the City may terminate this Agreement in whole or in part;

2. Upon written notice to Vendor, the City may extend the time of performance;

3. The City may proceed by appropriate court action to enforce the terms of

10 the Agreement to recover damages for Vendor’s breach of the Agreement, obtain specific performance from Vendor or to terminate the Agreement; or

4. The City may exercise any other available and lawful right or remedy.

H. In the event City is in breach of this Agreement, Vendor’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to under this Agreement for completed services and tasks. In no event shall Vendor be entitled to receive more than the amount that would be paid to for the full performance of the services required by this Agreement.

I. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

Section 18. FORCE MAJEURE

Vendor shall not be liable for any failure to perform if presents acceptable evidence, in City’s reasonable judgment, that such failure was due to causes beyond the control and without the fault or negligence of Vendor. In the event that a FORCE MAJEURE event materially increases the Vendor’s costs of performance hereunder then City shall make an equitable contribution to all such increased costs of performance to the extent that such costs are not covered by Vendor’s insurances.

Section 19. NOTICES

Any notices, bills, invoices, or reports required by this Agreemen t 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
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Chief of Police, Paul Camacho

Motorola Solutions, Inc.
500 W. Monroe Street
Suite 4400
Chicago, IL 60661
Attn: Brett Cox, Senior Account
Representative

11 Section 20. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

In the performance of this Agreement, Vendor shall not deny the contract’s benefits to any person on the basis of nor shall they discriminate unlawfully against any employee, subcontractor, or applicant for employment because of: race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, genetic information, gender, gender identity, gender expression, sexual orientation, or military and veteran status or other basis prohibited by law. Vendor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical o r mental handicap, medical condition, or sexual orientation.

Section 21. PROHIBITION AGAINST ASSIGNMENT

Vendor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, which shall not be unreasonably withheld or delayed and any attempt to do so shall be void and of no effect.

City shall not be obligated or liable under this Agreement to any party other than Vendor.

Section 22. ATTORNEY FEES

In the event that City or Vendor commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.

Section 23. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreemen t and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between C ity and Vendor with respect to the subject matter herein. No other prior oral o r written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both City and Vendor.

Section 24. GOVERNING LAW; JURISDICTION
This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

12 Section 25. SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Section 26. AMENDMENT; MODIFICATION
No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to C ity approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

Section 27. CAPTIONS
The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the const ruction or interpretation of any provision herein.

Section 28. AUTHORIZATION
Both parties represent and warrant that the person executing this Agreement on behalf of each party is an authorized agent who has actual authority to bind each party to each and every term, condition, and obligation of this Agreement and that all requirem ents of each party have been fulfilled to provide such actual authority.

Section 29. SURVIVAL OF PROVISIONS AND OBLIGATIONS
Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

Section 30. EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]

13 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 MOTOROLA SOLUTIONS, INC.

By:_____________________________ By:_____________________________ Michael B. O’Kelly, City Manager

Date:_______________ Date:__________________

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney

14 EXHIBIT “A”

ESTIMATE

QUOTE-3142888

BELL GARDENS POLICE DEPT, CITY OF
(8) APX 8500
07/23/2025

The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entityproviding this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to bedisclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks arethe property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved.

07/23/2025

BELL GARDENS POLICE DEPT, CITY OF
7100 GARFIELD AVENUE
BELL GARDENS, CA 90201

RE: Motorola Quote for (8) APX 8500
Dear Chief Paul Camacho,

Motorola Solutions is pleased to present BELL GARDENS POLICE DEPT, CITY OF with this quote for quality communications equipment and services.  The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs.

This information is provided to assist you in your evaluation process. Our goal is to provide BELL GARDENS POLICE DEPT, CITY OF with the best products and services available in the communications industry. Please direct any questions to Brett Cox at [email protected].

We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote.

Sincerely,

Brett Cox
Sr Account Rep

QUOTE-3142888

Billing Address:

BELL GARDENS POLICE DEPT,

CITY OF
7100 GARFIELD AVENUE
BELL GARDENS, CA 90201
US

Shipping Address:

BELL GARDENS POLICE DEPT,

CITY OF
7100 GARFIELD AVE
BELL GARDENS 90201 0001
BELL GARDENS, CA 90201
US

Quote Date:07/23/2025
Expiration Date:09/21/2025
Quote Created By:

Brett Cox
Sr Account Rep
BRETT.COX@
motorolasolutions.com
657-705-4357
End Customer:

BELL GARDENS POLICE DEPT, CITY OF
Chief Paul Camacho
[email protected]

Contract:  36273 - SOURCEWELL 042021-
MOT
Freight Terms:FREIGHT PREPAID
Payment Terms:30 NET

Line #

Item Number

Description

Qty

List Price

Sale Price

Ext. Sale Price

APX™ 8500

1 M37TSS9PW1AN

MOBILE RADIO APX8500 ALL

BAND MP

8 $6,558.00

$4,787.34

$38,298.72

1a

GA09007AA

ADD: OUT OF THE BOX WIFI

PROVISIONING

8 $0.00

$0.00

$0.00

1b

G851AG

ADD: AES/DES-XL/DES-OFB

ENCRYP APX AND ADP

8 $941.00

$686.93

$5,495.44

1c

GA00250AA

ADD: GNSS/BT-WIFI THRU MNT
ANT, 17FT LOW LOSS PFP-100A/
240, QMA

8 $118.00

$86.14

$689.12

1d

G996AS

SOFTWARE LICENSE ENH: OVER

THE AIR PROVISIONING

8 $118.00

$86.14

$689.12

1e

GA00580AA

ADD: TDMA OPERATION

8 $530.00

$386.90

$3,095.20

1f

GA01513AB

ADD: ALL BAND MOBILE
ANTENNA (7/8/V/U)

8 $112.00

$81.76

$654.08

1g

G51AT

SOFTWARE LICENSE
ENH:SMARTZONE

8 $1,766.00

$1,289.18

$10,313.44

1h

GA05507AA

DEL: DELETE 7/800MHZ BAND

8 -$800.00

-$584.00

-$4,672.00

1i

G78AT

ENH: 3 YEAR ESSENTIAL SVC

8 $288.00

$288.00

$2,304.00

1j

GA05508AA

DEL: DELETE VHF BAND

8 -$800.00

-$584.00

-$4,672.00

QUOTE-3142888(8) APX 8500

Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Line #

Item Number

Description

Qty

List Price

Sale Price

Ext. Sale Price

1k

GA09001AA

ADD: WI-FI CAPABILITY

8 $353.00

$257.69

$2,061.52

1l

G298AS

SOFTWARE LICENSE ENH:

ASTRO 25 OTAR W/ MULTIKEY

8 $871.00

$635.83

$5,086.64

1m

B18CR

ADD: AUXILIARY SPKR 7.5 WATT
APX

8 $71.00

$51.83

$414.64

1n

G444AH

ADD: APX CONTROL HEAD

SOFTWARE

8 $0.00

$0.00

$0.00

1o

G67EH

ADD: REMOTE MOUNT E5 MP

8 $350.00

$255.50

$2,044.00

1p

GA01517AA

DEL: NO J600 ADAPTER CABLE
NEEDED

8 $0.00

$0.00

$0.00

1q

G806BL

SOFTWARE LICENSE ENH:

ASTRO DIGITAL CAI OP APX

8 $607.00

$443.11

$3,544.88

1r

GA01670AA

ADD: APX E5 CONTROL HEAD

8 $767.00

$559.91

$4,479.28

1s

W22BA

ADD: STD PALM MICROPHONE
APX

8 $85.00

$62.05

$496.40

1t

QA09113AB

ADD: BASELINE RELEASE SW

8 $0.00

$0.00

$0.00

1u

G361AH

SOFTWARE LICENSE ENH: P25

TRUNKING SOFTWARE APX

8 $353.00

$257.69

$2,061.52

Subtotal
$72,384.00

Estimated Tax
$7,358.40

Grand Total
$79,742.40(USD)

Notes:

QUOTE-3142888(8) APX 8500

Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

15 EXHIBIT “B”

SOURCEWELL DOCUMENTS

Rev. 7/2022 1

CONTRACT EXTENSION

Contract Number:

Sourcewell and 202 12th Street Northeast
P.O. Box 219
Staples, MN 56479
(Sourcewell) (Vendor)

have entered into Contract Number: 110719-
for the procurement of:

The Contract has an expiration date of Decemb r, but the parties may extend the Contract by mutual consent.

Sourcewell and Vendor acknowledge that extending the Contract benefits the Vendor, Sourcewell and Sourcewell’s Members. Vendor and Sourcewell agree to extend the Contract listed above for an additional period, with a new Contract expiration date of Dece mber , . All other terms and conditions of the Contract remain in full force and effect.

Sourcewell

________________________________
Authorized Signature

________________________________
Name

________________________________
Title

________________________________
Date

________________________________
Authorized Signature

________________________________
Name

________________________________
Title

________________________________
Date

Docusign Envelope ID: 9ACE0E39-E376-4C2C-9F65-6D36818672A3 2025-06-23
Chief Operating and Procurement Officer
Jeremy Schwartz
500 W Monroe St
Motorola Solutions
3/24/2025 | 12:46 PM CDT
60661-3671
Public Safety Communications Technology and Hardware Solutions Chicago, Illinois
2026-06-23
042021-MOT
042021-MOT
3/25/2025 | 1:11 PM CDT
Scott Lees
RVP

042021-MOT

Rev. 10/2020 1

Solicitation Number: RFP #042021

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Motorola Solutions, Inc., 500 W. Monroe, Chicago, IL 60661 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Public Safety Communications Technology and Hardware Solutions from which Vendor was awarded a contract.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires June 23, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.






 

 
 




042021-MOT

Rev. 10/2020 2

All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Vendor warranties for Equipment, Products, and Services furnished are set forth in Vendor’s then-current Communication, Systems & Services Agreement, which will be made available to Participating Entities at the time of purchase. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.





 

 
 




042021-MOT

Rev. 10/2020 3

Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Freight, title and risk of loss terms will be as set forth in Vendor’s then-current Communication, Systems & Services Agreement, which will be made available to Participating Entities at the time of purchase.

B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and 




 

 
 




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x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract in the United States. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, 




 

 
 




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Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.

Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Vendor will require the use of Vendor’s then-current Communication, Systems & Services Agreement (“CCSA”) and Exhibits, Subscription Services Addendum (“SSA”), Maintenance and Support Addendum (“MSA”), and Telecommunication Carrier Addendums (“TCA”). Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal or state laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity, after receipt of notice from Sourcewell or the Participating Entity, and fails to correct such breach within thirty days.

In the event of termination under this subsection 6. D., the Participating Entity will remain liable for contract amounts due and attributable to Equipment, Products, and Services delivered or performed on or before the date of the termination.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 




 

 
 




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7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

The Report must contain the following fields:

x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not 




 

 
 




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added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.






 

 
 




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D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees. Sourcewell will provide prompt written notice to Vendor of any claim or suit, and will cooperate with Vendor in its defense or settlement of the claim or suit. Vendor’s maximum liability for damages caused by failure to perform its obligations under this Contract is limited to proven direct damages for all claims arising out of this Contract not to exceed the total net payments of Administrative Fees paid under any twenty-four (24) month period during the Term. Vendor’s indemnification obligations under the Contract are excluded from this provision. VENDOR WILL NOT BE LIABLE

FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT. CONSEQUENTIAL, INCIDENTAL, AND INDIRECT DAMAGES

INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, LOST REVENUES, AND LOSS OF BUSINESS

OPPORTUNITY, WHETHER OR NOT THE OTHER PARTY WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES.

Vendor’s obligations to indemnify or hold harmless Participating Entities will be as set forth in Vendor’s Communication, Systems & Services Agreement.

12. GOVERNMENT DATA PRACTICES

Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.





 

 
 




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13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.

Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable United States patent or copyright laws. Vendor’s obligations to indemnify or hold harmless Participating Entities for intellectual property infringement will be as set forth in Vendor’s then-current Communication, Systems & Services Agreement.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all 




 

 
 




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marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE

Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, 




 

 
 




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Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default (unless a force majeure causes the default):

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a 30 day opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance in accordance with the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts listed below:

Limits:
$1,000,000 each accident for bodily injury by accident
$1,000,000 policy limit for bodily injury by disease
$1,000,000 each employee for bodily injury by disease






 

 
 




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2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Limits:
$3,000,000 each occurrence Bodily Injury and Property Damage $3,000,000 Personal and Advertising Injury
$5,000,000 aggregate for Products-Completed operations
$5,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below.

Limits:
$2,000,000 each accident, combined single limit

4. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.





 

 
 




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C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) its workers compensation, commercial general liability, and automobile liability insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the workers compensation, commercial general liability, and automobile liability insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian 




 

 
 




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government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 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 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that 




 

 
 




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each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. Intentionally Omitted.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for 




 

 
 




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debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a 




 

 
 




042021-MOT

Rev. 10/2020 17

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; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

22. CANCELLATION

Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Motorola Solutions, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Carrie Hemmen
Title: Chief Procurement Officer Title: MSSSI Territory Vice President & Director of Sales

Date: ________________________

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________






 

 
 


























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Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc. 




 

 
 




Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

Table 148: Depth and 8readth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.

Line
Item CategoryorType Offered *Comments
67 Fire or EMS station alerting
or paging systems
Yes
No
Yes. We partner with Mach Alert to provide Fire Station Alerting solutions.* 68 Connectivity and
interoperability devices,
hardware and equipment
Yes
No
Yes. We are offering Critical Connect as our system to system interoperability solution, as well as control station radios to tie in legacy frequencies to current radio systems.

*
69 Airborne, marine, and
underwater communication
systems
Yes
No
No.
*
70 Services related to lines 67,
68 and 69 above
Yes
No
Yes. We have included the necessary services to implement and maintain the solutions mentioned in lines 67 & 68. *
Table 15: Industry Specific Questions
Line
Item Question Response *
71 Describe the interoperability of
your products and services with
other equipment, software, and
systems, as applicable
Because we follow industry standards across our portfolio, our products are fully interoperable with other systems/devices that follow the definition in the specific standard in question. The standards the our products and solutions follow are listed in Line Item 73. Additionally, our services providers maintain certifications required within each solution (certifications are detailed in Line Item 14).

*
72 Describe how your products
and services integrate with
other communications and
technology components (e.g.,
CAD, RMS, LMR, etc.)
Aside from meeting what the applicable standard defines for its interoperability requirements, Motorola Solutions has created an end-to-end platform that integrates our solutions from the time someone picks up the phone to dial 911 until case closure. These solutions include, but are not limited to Radio, 911 call handling, CAD, Records Management, Body Worn and In-Vehicle Cameras, Digital Evidence Management, Video Security, License Plate Recognition, Situational Awareness, and Broadband Communications. Because these are all solutions that we develop, we are creating integrations and are not limited to interfacing different solution together. Interfacing typically limits the communication between two solutions because it uses the least common denominator of the information that can pass between to solutions from different vendors. The integrations that we have, and continue, to develop are allowing for greater efficiencies as our customers do their jobs.

We have also created a solution called CommandCentral Aware that allows for our radio system to integrate with other vendors CAD and Video solutions to create situational awareness for our customers as the approach a scene.

73 Describe how your products
and services conform to
applicable industry standards
and required specifications.

The systems and equipment included in this response fully comply with one of the following standards; Project 25 (P25) - http://www.project25.org/ , Digital Mobile Radio (DMR) - https://www.dmrassociation.org/dmr-standards.html , and Citizens Broadband Radio Service (CBRS) standards - https://www.ecfr.gov/cgi-bin/text-idx ?
SID=960a62ced28f9e89c169ed12daafa030&mc=true&node=pt47.5.96&rgn=div5.

74 Describe your use of
installation or service partners,
if applicable.

Motorola Solutions utilizes both certified internal employees as well as our certified service partner shops to do installs and maintenance. Deciding which we utilize on each opportunity is dependent on the customer, if they have a preference, and the type of project.

Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.





 

 
 




Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc.

Documents

Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan."

Financial Strength and Stability (optional)
Marketing Plan/Samples (optional)
WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information (optional)
Pricing - Sourcewell RFP 042021 Pricing.pdf - Monday April 19, 2021 18:16:04 Upload Additional Document - Sourcewell RFP 042021 Proposal Document.pdf - Monday April 19, 2021 18:19:49 




 

 
 




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Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc. 




 

 
 




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Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc. 




 

 
 




Rev. 2/2020 Sourcewell RFP #042021
Public Safety Communications Technology and Hardware Solutions

RFP #042021

REQUEST FOR PROPOSALS
for
Public Safety Communications Technology and Hardware Solutions

Proposal Due Date: April 20, 2021, 4:30 p.m., Central Time

Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Public Safety Communications Technology and Hardware Solutions to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [ https://proportal.sourcewell- mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than April 20, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered.

Solicitation Schedule

Public Notice of RFP Published: March 2, 2021
Pre-proposal Conference: March 30, 2021, 10:00 a.m., Central Time Question Submission Deadline: April 13, 2021, 4:30 p.m., Central Time Proposal Due Date: April 20, 2021, 4:30 p.m., Central Time Late responses will not be considered.

Opening: April 20, 2021, 6:30 p.m., Central Time **
** SEE RFP SUB-SECTION V. G. “OPENING”

Rev. 2/2020 Sourcewell RFP #042021
Public Safety Communications Technology and Hardware Solutions

I. ABOUT SOURCEWELL PARTICIPATING ENTITIES

A. SOURCEWELL

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements, and results in cooperative contracting solutions from which Sourcewell’s Participating Entities procure equipment, products, and services.

Cooperative contracting provides participating entities and vendors increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted vendors’ potential pool of end users.

Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.

B. USE OF RESULTING CONTRACTS

In the United States, Sourcewell’s contracts are available for use by:
• Federal and state government entities;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.

In Canada, Sourcewell’s contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly-funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Calgary, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities;

Rev. 2/2020 Sourcewell RFP #042021
Public Safety Communications Technology and Hardware Solutions

• Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; • Members of the Rural Municipalities of Alberta (RMA) and their represented Associations, Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan Urban Municipalities Association (SUMA), Association of Manitoba Municipalities (AMM), Local Authority Services (LAS), Municipalities Newfoundland and Labrador (MNL), Nova Scotia Federation of Municipalities (NSFM), and Federation of Prince Edward Island Municipalities (FPEIM).

For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country’s listing): https://www.sourcewell- mn.gov/sourcewell-for-vendors/agency-locator.

Access to contracted equipment, products, or services by Participating Entities is typically through a purchase order issued directly to the applicable vendor. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.

To meet Participating Entities’ needs, public notice of this RFP has been broadly published, including notification in the United States to each state-level procurement department for possible re-posting.

Proof of publication will be available at the conclusion of the solicitation process.

II. EQUIPMENT, PRODUCTS, AND SERVICES

A. SOLUTIONS-BASED SOLICITATION

This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards.

B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES

It is expected that Proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.

1. Sourcewell is seeking proposals for Public Safety Communications Technology and Hardware Solutions, including communications technology and hardware designed or primarily intended for use by law enforcement, fire/rescue, EMS, and emergency management agencies and personnel, such as:

Rev. 2/2020 Sourcewell RFP #042021
Public Safety Communications Technology and Hardware Solutions

a. Fire or EMS station alerting or paging systems;
b. Connectivity and interoperability devices, hardware, and equipment for the connection of communication systems and endpoints, including:
i. Land Mobile Radios (LMR);
ii. Satellite communication equipment;
iii. Portable and deployable wireless hubs;
iv. Mesh networks and mesh radios;
v. Routers; and,
vi. High Power User Equipment (HPUE) for LTE.
c. Airborne, marine, and underwater communication systems; and, d. Services related to the offering of the solutions described in Sections 1. a. – c. above, including installation, training, maintenance, integration, support, and customization.

2. The primary focus of this solicitation is on communications technology and hardware and the related delivery of services. Platform as a Service (PaaS) and integrated software solutions are allowed. However, this solicitation should NOT be construed to include “software- only” solutions.

3. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell:

a. Unified Communications, Contact Center, and Related Services, Equipment, and Applications (RFP #022719);
b. Wireless Voice and Data Services with Related Solutions, Equipment, and Accessories (RFP #080119);
c. Technology Catalog Solutions (RFP #081419);
d. Public Safety Video Surveillance Solutions with Related Equipment, Software and Accessories (RFP #010720);
e. Public Sector and Education Administration Software Solutions with Related Services (RFP #090320);
f. Fleet Management Technologies with Related Software Solutions (RFP #020221); g. Facility Security Systems, Equipment, and Software with Related Services (RFP #030421); and,
h. Public Safety Software (RFP #TBD).

A Proposer may elect to offer a materials-only solution, a turn-key solution, or an alternative solution. Generally, a turn-key solution is most desirable to Sourcewell and its Participating Entities, however, it is not mandatory or required.

Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed.

Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly

Rev. 2/2020 Sourcewell RFP #042021
Public Safety Communications Technology and Hardware Solutions

operating status. However, equipment or products only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local third- party contractors, to properly install and bring to operation the equipment or products being proposed.

Sourcewell prefers vendors that provide a sole source of responsibility for the products and services provided under a resulting contract. If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Participating Entities and describe the network of dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.

Sourcewell desires the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.

C. REQUIREMENTS

It is expected that Proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.

1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.

2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.

3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, Proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal.

4. Delivered and operational. Unless clearly noted in the Proposal, equipment and products must be delivered to the Participating Entity as operational.

5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.

D. ANTICIPATED CONTRACT TERM

Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to two one-year extensions may be offered based on the best interests of Sourcewell and its Participating Entities.

Rev. 2/2020 Sourcewell RFP #042021
Public Safety Communications Technology and Hardware Solutions

E. ESTIMATED CONTRACT VALUE AND USAGE

Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $80 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.

F. MARKETING PLAN

Proposer’s sales force will be the primary source of communication with Participating Entities.

The Proposer’s Marketing Plan should demonstrate Proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as Proposer’s sales and service capabilities. It is expected that Proposer will promote and market any contract award.

G. ADDITIONAL CONSIDERATIONS

1. Contracts will be awarded to Proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP.

2. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the Proposal. Sourcewell reserves the right to verify Proposer’s information and may request clarification from a Proposer, including samples of the proposed equipment or products.

3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory.

4. A Proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal.

III. PRICING

A. REQUIREMENTS

All proposed pricing must be:

1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the Vendor’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price

Rev. 2/2020 Sourcewell RFP #042021
Public Safety Communications Technology and Hardware Solutions

(MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP.

2. The Proposer’s ceiling price (Ceiling price means that the proposed pricing will be considered as the highest price for which equipment, products, or services may be billed to a Participating Entity). However, it is permissible for vendors to sell at a price that is lower than the contracted price;

3. Stated in U.S. and Canadian dollars (as applicable); and

4. Clearly understood, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location).

Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the Proposer. Additionally, Proposers should clearly describe any unique distribution and/or delivery methods or options offered in the Proposal.

B. ADMINISTRATIVE FEES

Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative.

IV. CONTRACT

Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the Proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the Proposal being disqualified from further review and evaluation.

To request a modification to the Contract terms, conditions, or specifications, a Proposer must complete and submit the Exceptions to Terms, Conditions, or Specifications table, with all requested modifications, through the Sourcewell Procurement Portal at the time of submitting the Proposer’s Proposal. Exceptions must:

1. Clearly identify the affected article and section, and

2. Clearly note what language is requested to be modified.

Unclear requests will be automatically denied.

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Public Safety Communications Technology and Hardware Solutions

Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded vendor for signature.

If a Proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked.

V. RFP PROCESS

A. PRE-PROPOSAL CONFERENCE

Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted on page one of this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre-proposal conference attendance is optional.

B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION

Questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.

The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.

All questions, whether specific to a Proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the Proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline.

C. ADDENDA

Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential Proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.

Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the Proposer by checking the box for each addendum. It is the responsibility of the Proposer to check for any addenda that may have been issued up to the solicitation due date and time.

Rev. 2/2020 Sourcewell RFP #042021
Public Safety Communications Technology and Hardware Solutions

If an addendum is issued after a Proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the Proposer’s proposal status to INCOMPLETE. The Proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The Proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its Proposal (and up to the Proposal due date). If the Proposer’s Proposal status has changed to INCOMPLETE, the Proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above.

D. PROPOSAL SUBMISSION

Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the Proposer’s sole responsibility to ensure that the proposal is received on time.

It is recommended that Proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a Proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock.

In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to twenty-four (24) hours to respond to certain issues.

Upon successful submission of a proposal, the Portal will automatically generate a confirmation email to the Proposer. If the Proposer does not receive a confirmation email, contact Sourcewell’s support provider at [email protected].

To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Proposer has obtained this solicitation document from a third party, the onus is on the Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity.

Within the Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the Proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, Proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Proposer to remedies available by law.

Rev. 2/2020 Sourcewell RFP #042021
Public Safety Communications Technology and Hardware Solutions

E. GENERAL PROPOSAL REQUIREMENTS

Proposals must be:
• In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date.

Any and all costs incurred in responding to this RFP will be borne by the Proposer.

F. PROPOSAL WITHDRAWAL

Prior to the proposal deadline, a Proposer may withdraw its proposal.

G. OPENING

The Opening of Proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all Proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule.

To view the list of Proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time.

VI. EVALUATION AND AWARD

A. EVALUATION

It is the intent of Sourcewell to award one or more contracts to responsive and responsible Proposer(s) offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of Proposers that Sourcewell determines is necessary to meet the needs of Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following:
• The number of and geographic location of:
o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Participating Entities’ use.
o A Proposer’s sales and service network to assure availability of product supply and coverage to meet Participating Entities’ anticipated needs. • Total evaluation scores.

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Public Safety Communications Technology and Hardware Solutions

• The attributes of Proposers, and their equipment, products, or services, to assist Participating Entities achieve environmental and social requirements, preferences, and goals. Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell’s knowledge about a specific vendor or product.

B. AWARD(S)

Award(s) will be made to the Proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP.

Sourcewell may request written clarification of a proposal at any time during the evaluation process.

Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (available in the Sourcewell Procurement Portal):

Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400
TOTAL POINTS 1000

C. PROTESTS OF AWARDS

Any protest made under this RFP by a Proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.

Box 219, Staples, MN 56479. The protest must be received no later than 10 calendar days’ following Sourcewell’s notice of contract award(s) or non-award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time.

A protest must include the following items:
• The name, address, and telephone number of the protester; • The original signature of the protester or its representative; • Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
• Identification of the issues to be resolved;
• Identification of the legal or factual basis;
• Any additional supporting documentation; and

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Public Safety Communications Technology and Hardware Solutions

• Protest bond in the amount of $20,000, except where prohibited by law or treaty.

Protests that do not address these elements will not be reviewed.

D. RIGHTS RESERVED

This RFP does not commit Sourcewell to award any contract and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the Proposer may be rejected.

Sourcewell reserves the right to:
• Modify or cancel this RFP at any time;
• Reject any and all proposals received;
• Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a Proposal; • Disqualify any Proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect;
• Waive or modify any informalities, irregularities, or inconsistencies in the proposals received;
• Clarify any part of a proposal and discuss any aspect of the proposal with any Proposer; and negotiate with more than one Proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and
• Award a contract to one or more Proposers if it is in the best interest of Participating Entities.

E. DISPOSITION OF PROPOSALS

All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the Proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law.

Sourcewell will not consider the prices submitted by the Proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a Proposer is not considered trade secret under the statutory definition.

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Public Safety Communications Technology and Hardware Solutions

The Proposer understands that Sourcewell will reject proposals that are marked confidential or nonpublic, either substantially or in their entirety.

3/5/2021
Addendum No. 1
Solicitation Number: RFP 042021
Solicitation Name: Public Safety Communications Technology and Hardware Solutions

Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

In RFP Section II. E. Estimated Contract Value & Usage, Sourcewell estimates annual transaction volume for contracts resulting from the RFP at USD $80 Million, are you able to provide an allocation of estimated volume by equipment types and for Canada? Answer 1:

The estimated value of all resultant contracts provided in RFP Section II. E. is based on past volumes of similar Sourcewell contracts. It is an estimate only, and no sales or sales volume are guaranteed. There is no separate estimate of Canadian volume or estimates by equipment type.

Question 2:

Will you be selecting only one vendor for each of the items described in the requested equipment, product or services?
Answer 2:

Refer to RFP Section VI. Evaluation and Award for additional detail on award determinations.

Question 3:

Can we have access to the safety standards or the websites where we can get them?

Answer 3:

In the competitive process, Sourcewell will not advise a proposer on the resources or reference materials for preparation of a proposal. It is left to the discretion of each proposer to make that determination.

Question 4:

Is there a preferred list of products or brands that one can assess and propose with our services including along with our installation, integration, maintenance, training, support, and customization services?
Answer 4:

Sourcewell utilizes a competitive, solutions-based solicitation approach that is not based on detailed specifications or finite quantities for our cooperative contract awards. A respondent is allowed to propose the entire line of products and services falling within the requested equipment, products or services for this solicitation as described in RFP Section II. B.

Question 5:

What is the location this bid will support?
Answer 5:

Sourcewell utilizes a competitive, solutions-based solicitation approach that is not based on specific locations for our cooperative contract awards. Sourcewell desires the broadest possible selection of equipment, products, and services being proposed for the largest possible cross-section of Sourcewell current and future Participating Entities.

Refer to RFP Section I. B. for additional details.

End of Addendum
Acknowledgement of this Addendum to RFP 042021 posted to the Sourcewell Procurement Portal on 3/5/2021, is required at the time of proposal submittal.

3/8/2021
Addendum No. 2
Solicitation Number: RFP 042021
Solicitation Name: Public Safety Communications Technology and Hardware Solutions

Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

The Sourcewell RFP has been posted on several different web sites, does one have to submit a proposal to each of them separately for the respective territories? Answer 1:

Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.

Question 2:

Does this solicitation include mobile data terminals which would be installed inside vehicles as endpoints for communications? Is the LMR equipment and ecosystem, or the satellite communications equipment, for voice only, data only, or both? Answer 2:

Refer to Addendum 1, Answer 4.

Question 3:

Is this solicitation for the equipment only, or the complete engineering of the system including design, site surveys, installation, testing, etc.? Answer 3:

Refer to RFP Section II. B. for the complete description of requested equipment, products, or services. “A Proposer may elect to offer a materials-only solution, a turn-

key solution, or an alternative solution. Generally, a turn-key solution is most desirable to Sourcewell and its Participating Entities, however, it is not mandatory or required. … Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Participating Entities possess the ability, either in- house or through local third-party contractors, to properly install and bring to operation the equipment or products being proposed.”

A proposer is not required to offer all possible items or services within the scope of the solicitation to be considered for award. However, each Proposal will be evaluated based on the criteria stated in the RFP.

End of Addendum
Acknowledgement of this Addendum to RFP 042021 posted to the Sourcewell Procurement Portal on 3/8/2021, is required at the time of proposal submittal.

3/25/2021
Addendum No. 3
Solicitation Number: RFP 042021
Solicitation Name: Public Safety Communications Technology and Hardware Solutions

Consider the following RFP Amendment to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

RFP Amendment:

As a result of the subsequent publication of the solicitation referenced in RFP Subsection II. B. 3. h., the text of the RFP is updated. RFP Subsection II. B. 3. h. is revised to remove “TBD”, and to insert the updated solicitation number, which will now read as follows:
* * * *

h. Public Safety Software (RFP #051321)

* * * *

The remainder of the RFP content remains unchanged.

End of Addendum
Acknowledgement of this Addendum to RFP 042021 posted to the Sourcewell Procurement Portal on 3/25/2021, is required at the time of proposal submittal.

4/1/2021
Addendum No. 4
Solicitation Number: RFP 042021
Solicitation Name: Public Safety Communications Technology and Hardware Solutions

Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Are vendors allowed to name subcontractors/resellers to their proposal if the same subcontractor/reseller is also submitting their own response but with product lines not manufactured by the vendor naming them as a subcontractor/reseller? Answer 1:

Refer to RFP Section II. B. – Requested Equipment, Products, or Services – “If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Participating Entities and describe the network of dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.” It is left to the discretion of each proposer to determine the information or documentation necessary to best demonstrate their ability to serve Sourcewell participating entities and satisfy all the requirements included in the questionnaire tables.

In addition, each Proposer is required to complete the Proposer Affidavit and Assurance of Compliance in Step 3 of the proposal submission process.

End of Addendum
Acknowledgement of this Addendum to RFP 042021 posted to the Sourcewell Procurement Portal on 4/1/2021, is required at the time of proposal submittal.

4/5/2021
Addendum No. 5
Solicitation Number: RFP 042021
Solicitation Name: Public Safety Communications Technology and Hardware Solutions

Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Does Sourcewell have a sample submission available to view? Answer 1:

Sourcewell does not maintain a sample submission on file. Past contracts awarded using the Sourcewell Procurement Portal submission process, which include the proposal questionnaire tables as an attachment, may be viewed on the Sourcewell website ( www.sourcewell-mn.gov) . To locate a contract, access the Search function at the top of the website homepage and enter the RFP number of the submission of interest. After reaching the selected vendor web page, select the “Contract Documents” button on the left-hand margin of the screen to find the contract link.

Alternatively, awarded contracts may be found on the Sourcewell website using the “Vendors & Contracts” page, located in the “Cooperative Purchasing” drop-down menu in the top margin. [Note, only proposals submitted for or after RFP#052919 utilized the Sourcewell Procurement Portal submission process. (i.e., RFP#MMDDYY)]

End of Addendum
Acknowledgement of this Addendum to RFP 042021 posted to the Sourcewell Procurement Portal on 4/5/2021, is required at the time of proposal submittal.

4/7/2021
Addendum No. 6
Solicitation Number: RFP 042021
Solicitation Name: Public Safety Communications Technology and Hardware Solutions

Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Several of the Questionnaire Tables within the Portal inquire about the government, education, and non-for-profit sectors. Will these questions be edited to refer exclusively to the Public Safety sector?
Answer 1:

No modification of the Questionnaire Tables is contemplated.

End of Addendum
Acknowledgement of this Addendum to RFP 042021 posted to the Sourcewell Procurement Portal on 4/7/2021, is required at the time of proposal submittal.

4/12/2021
Addendum No. 7
Solicitation Number: RFP 042021
Solicitation Name: Public Safety Communications Technology and Hardware Solutions

Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Does this Sourcewell RFP have an MBE requirement or goal to be met? Answer 1:

No, Sourcewell has not established an MBE requirement or goal for this solicitation.

Proposals are evaluated based on the criteria stated in the RFP.

Question 2:

Will Sourcewell provide a list of all the prospective bidders that attended the pre- proposal conference?

Answer 2:

Sourcewell will not disclose the list of pre-proposal conference attendees. That data is classified as non-public at this time.

End of Addendum
Acknowledgement of this Addendum to RFP 042021 posted to the Sourcewell Procurement Portal on 4/12/2021, is required at the time of proposal submittal.

4/13/2021
Addendum No. 8
Solicitation Number: RFP 042021
Solicitation Name: Public Safety Communications Technology and Hardware Solutions

Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Will Sourcewell grant a one-week extension of the due date?

Answer 1:

An extension of the due date is not contemplated.

Question 2:

In Table 8, Question #40, what is meant by a hub partner? Answer 2:

“HUB” is an acronym for historically underutilized business.

End of Addendum
Acknowledgement of this Addendum to RFP 042021 posted to the Sourcewell Procurement Portal on 4/13/2021, is required at the time of proposal submittal.

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXCUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael O’Kelly, City Manager
BY: Bernardo Iniguez, Director of Public Works/Facilities SUBJECT: Consideration of Acceptance of the Demolition of the Ford Park East Restroom/Sunshine Building as Complete
MEETING DATE:September 8, 2025
RECOMMENDATION:

It is staff’s recommendation that the City Council:

1. Accept the demolition of the Ford Park East Restroom/Sunshine Building as Complete; and

2. Authorize staff to file the Notice of Completion.

BACKGROUND / DISCUSSION:

On June 9, 2025, the City Council awarded an agreement to Horizons Construction Company Int’l (Horizons) in the amount of $81,233.05 for the demolition of the Ford Park East Restroom/Sunshine Building (the “Demolition”). The scope of work included the demolition of existing East Restroom/Sunshine Building, removal of asbestos material, cut and cap existing drain, sewer and water lines and temporary chain link fencing.

The Demolition is one component of the Ford Park Playground and Restroom Replacement Project (the “Project”), which will be completed in multiple phases to maximize the City’s funding resources and expedite the completion of priority safety projects, starting with the Demolition. The next phases of the Project include the installation of a prefabricated restroom facility; and installation of new playground equipment, a drinking fountain, bench, picnic table, trash receptacle, irrigation, and landscaping.

Demolition activities began on July 28, 2025. Horizons completed the work and received final building inspection on August 4, 2025. The final Demolition cost is $81,233.05 and it was completed within budget.

CONCLUSION:

The City Council’s acceptance of the Demolition as complete is required to allow the City Clerk to file the Notice of Completion with the LA County Registrar-Recorder.

FISCAL IMPACT:

The total budget for the Project is $1,695,394. The total cost for the Demolition was $81,233.05.

APPROVALS:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

RECORDING REQUESTED BY

CITY OF BELL GARDENS

AND WHEN RECORDED MAIL TO

NAME CITY OF BELL GARDENS

CITY CLERK
STREET 7100 S. GARFIELD AVE

ADDRESS
CITY BELL GARDENS, CA 90201
STATE
ZIP

SPACE ABOVE LINE FOR RECORDER’S USE

NOTICE OF COMPLETION

Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is City of Bell Gardens

3. The full address of the owner is 7100 S. Garfield Avenue, Bell Gardens, CA 90201

4. The nature of the interest or estate of the owner is: in fee.

(if other than Fee, strike “In fee” and insert, for example, “purchaser under contract of purchase”, or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. A work of improvement on the property hereinafter described was substantially completed on 8/4/2025. The work done was:

Demolition of the Ford Park East Restroom/Sunshine Building

7. The names of the contractor, if any, for such work of improvement was Horizons Construction Company Int’l . 06/09/2025
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

8. The property on which said work of improvement was completed is in the City of Bell Gardens County of Los Angeles, State of CA, and is described as follows: Demolition of the Ford Park East Restroom/Sunshine Building (CIP No. 3926)

9. The street address of said property is: 8000 Park Lane (If no street address has been officially assigned, insert “none”.) Michael B. O’Kelly
City of Bell Gardens
Dated City Manager (Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)

VERIFICATION
I, the undersigned, say: I am the City Clerk of the City of Bell Gardens, the declarant of the foregoing Notice of Completion:

I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on _____________ at Bell Gardens, CA
Daisy Gomez
City of Bell Gardens
City Clerk
(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael O’Kelly, City Manager
BY: Michael O’Kelly, City Manager
SUBJECT:Consideration of a Resolution Revising the Fiscal Year 2025-2026 Annual Budget to Fund a Senior Management Analyst Position and Unfund the Executive Assistant to the City Manager Position MEETING DATE:September 8, 2025
RECOMMENDATION:

It is recommended that the City Council adopt the attached Resolution revising the Fiscal Year 2025-2026 Annual Budget to fund a Senior Management Analyst position and unfund the Executive Assistant to the City Manager position.

BACKGROUND / DISCUSSION:

The City of Bell Gardens adopts a budget on an annual basis consisting of projected revenues and proposed expenditures. During the June 9, 2025 City Council Meeting, the FY 2025-2026 budget was adopted, which included General Fund expenditures of $50,060,167 and projected General Fund revenues of $50,060,167 resulting in a balanced budget. Of the General Fund expenditures, $31,854,989 is for personnel services which is made up of salaries, CalPERS contributions, health insurance, and other taxes and benefits. Personnel services make up 63.63% of General Fund proposed expenditure.

After the budget is adopted, it is monitored throughout the year and will be reanalyzed during the mid-year budget review. There are instances where revisions are needed prior to the mid-year budget review. The City Manager’s Office has determined that there is a need to revise the FY 2025-2026 budget to fund a Senior Management Analyst position, which is currently unfunded within the City Manager’s Office, and unfund the Executive Assistant to the City Manager position.

The Executive Assistant to the City Manager position was initially established to provide high-level administrative support to the City Manager and department staff. Over time, the position has grown beyond the traditional scope of the executive assistant’s role to include advanced analytical responsibilities which are essential to the day-to-day operations of the City Manager’s Office. These responsibilities include functions such as:
•Coordinate the Strategic Plan development process;
•Coordinate, monitor and report on quarterly progress of goals and objectives identified within the Strategic Plan;

•Conduct research and data analysis to support policy recommendations; •Prepare staff reports, request for proposals, and professional services agreements;
•Support legislative advocacy efforts by monitoring City priorities and providing recommendations aligned with the legislative platform;
•Coordinate interdepartmental projects and process improvements; •Serve as a departmental liaison on City initiatives;
•Manage special projects with budgetary, policy or organizational impact; •Prepare marketing collateral including presentations, presentation materials, brochures, flyers, newsletters, and digital communications; and •Monitor, manage and create social media content as well as schedule content in calendar.

The listed duties reflect the core functions of a Senior Management Analyst and are no longer consistent with the Executive Assistant to the City Manager position.

The proposed revision to the FY 2025-2026 budget ensures that the staffing structure within the City Manager’s Office accurately reflects the operational needs. The transition from the Executive Assistant to the City Manager position to a Senior Management Analyst position acknowledges the increased complexity and analytical nature of the responsibilities now required. This adjustment will enhance the City's ability to effectively support strategic planning, policy development, interdepartmental coordination, and public communication efforts—ultimately strengthening the capacity of the City Manager’s Office to serve the community. There are no proposed increases to the budget as the additional annual cost for the Senior Management Analyst position will be paid for from a reduction in the budgeted Contractual Services in the City Manager Budget.

CONCLUSION:

Approving funding of the Senior Management Analyst position will enable the City to achieve and maintain a high level of analytical review and process that is necessary for successful implementation and maintenance of the Strategic Plan, Legislative Platform and other special projects requiring advanced analytical functions.

FISCAL IMPACT:

The proposed revision to the positions within the City Manager’s Office will result in an additional annual cost of approximately $17,500 with a corresponding reduction in budgeted Contractual Services in the City Manager Budget, thereby resulting in zero cost increase to the General Fund Budget.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

RESOLUTION NO. 2025-87

CONSIDERATION OF A RESOLUTION REVISING THE FISCAL YEAR
2025-2026 ANNUAL BUDGET TO FUND A SENIOR MANAGEMENT

ANALYST POSITION AND UNFUND THE EXECUTIVE ASSISTANT TO

THE CITY MANAGER POSITION
WHEREAS, the Bell Gardens City Manager is responsible for preparing and presenting an annual budget to the Bell Gardens City Council for consideration and adoption; and
WHEREAS, the Fiscal Year ("FY") 2025-2026 annual budget has been reviewed and considered by the City Council with regard to the approval of estimated revenues and expenditures; and
WHEREAS, this resolution sets forth employee classifications and compensation levels for budgeted positions at the commencement of FY 2025-2026; and WHEREAS, positions budgeted for FY 2025-2026 budget are authorized; and WHEREAS, any adjustments to employee classification and compensation should remain within the threshold of the adopted budget for FY 2025-2026; WHEREAS, the specific positions budgeted may be revised from time to time; and WHEREAS, it is now the will of the City Council to fund a Senior Management Analyst position and unfund the Executive Assistant to the City Manager position.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1.The City Council, hereby finds and determines that the foregoing recitals are true and correct, constitute a material part of this resolution, and therefore incorporate them herein in their entirety as part of the findings.

SECTION 2.The City Council of the City of Bell Gardens hereby revises the FY 2025-2026 annual budget as presented on June 9, 2025.

Resolution No. 2025-87
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SECTION 3.The following additions for regular full-time personnel are revised for FY 2025-2026.

BUDGETED

POSITION
SALARY

SCHEDULE
CURRENT NO. OF

BUDGETED POSITIONS
IN CM’S OFFICE
REVISED NO. OF

BUDGETED POSITIONS
IN CM’S OFFICE
Executive Assistant
to the City Manager
G1-70 1 0
Senior Management
Analyst
M1-73 0 1
SECTION 4.The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 8th day of September 2025.

THE CITY OF BELL GARDENS
________________________________
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ _______________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

Resolution No. 2025-87
3 of 3
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

Group/Association Classification Schedule Code Rate Type Step A Step B Step C Step D Step E Effective Date
City Manager E0 8 Monthly 25,597$ 6/1/2025
Assistant City Manager M2 87 Monthly 18,098$ 19,003$ 19,953$ 20,951$ 21,999$ 6/8/2025 Chief of Police M2 94 Monthly 19,646$ 20,628$ 21,659$ 22,742$ 23,879$ 4/13/2025 City Clerk M2 83 Monthly 10,283$ 10,797$ 11,337$ 11,904$ 12,499$ 6/8/2025 Deputy City Manager/Director of
Community Development M2 85 Monthly 13,994$ 14,694$ 15,429$ 16,200$ 17,010$ 6/8/2025 Director of Finance & Administrative
Services M2 86 Monthly 13,811$ 14,502$ 15,227$ 15,988$ 16,787$ 6/8/2025 Director of Public Works/Facilities M2 86 Monthly 13,811$ 14,502$ 15,227$ 15,988$ 16,787$ 6/8/2025 Director of Recreation & Community
Services M2 86 Monthly 13,811$ 14,502$ 15,227$ 15,988$ 16,787$ 6/8/2025 Accounting Manager M2 89 Monthly 11,069$ 11,622$ 12,203$ 12,813$ 13,454$ 6/8/2025 Assistant to the City Manager M2 88 Monthly 10,887$ 11,431$ 12,003$ 12,603$ 13,233$ 6/8/2025 City Planner G2 76 Monthly 11,069$ 11,622$ 12,203$ 12,813$ 13,454$ 6/8/2025 Housing Programs Manager M1 73 Monthly 7,840$ 8,232$ 8,644$ 9,076$ 9,530$ 6/8/2025 Human Resources Manager M2 89 Monthly 11,069$ 11,622$ 12,203$ 12,813$ 13,454$ 6/8/2025 Public Works Superintendent M2 82 Monthly 8,876$ 9,320$ 9,786$ 10,275$ 10,789$ 6/8/2025 Administrative Specialist G2 51 Monthly 5,765$ 6,053$ 6,356$ 6,674$ 7,008$ 6/8/2025 Executive Assistant to the City Council G1 70 Monthly 6,248$ 6,560$ 6,888$ 7,232$ 7,594$ 6/8/2025 Executive Assistant to the City Manager G1 70 Monthly 6,248$ 6,560$ 6,888$ 7,232$ 7,594$ 6/8/2025 Human Resources Specialist G2 51 Monthly 5,765$ 6,053$ 6,356$ 6,674$ 7,008$ 6/8/2025 Human Resources Technician G2 50 Monthly 4,556$ 4,784$ 5,023$ 5,274$ 5,538$ 6/8/2025 Management Analyst G1 62 Monthly 6,093$ 6,398$ 6,718$ 7,054$ 7,407$ 6/8/2025 Payroll Analyst G1 63 Monthly 6,663$ 6,996$ 7,346$ 7,713$ 8,099$ 6/8/2025 Senior Management Analyst M1 73 Monthly 7,840$ 8,232$ 8,644$ 9,076$ 9,530$ 6/8/2025 Senior Management Analyst -
Environmental Services M1 73 Monthly 7,840$ 8,232$ 8,644$ 9,076$ 9,530$ 7/28/2025 Personnel Analyst H1 54 Monthly 6,093$ 6,398$ 6,718$ 7,054$ 7,407$ 6/8/2025 Mid-Management
Group/Non-
Represented
Confidential/Non-
Represented
City of Bell Gardens Comprehensive Salary Schedule
Adopted July 28, 2025
Executive
Management/Non-
Represented
Pa
g
e

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4 o
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3 Group/Association Classification Schedule Code Rate Type Step A Step B Step C Step D Step E Effective Date
Account Clerk I G2 50 Monthly 4,556$ 4,784$ 5,023$ 5,274$ 5,538$ 6/8/2025 Account Technician G2 49 Monthly 5,011$ 5,262$ 5,525$ 5,801$ 6,091$ 6/8/2025 Accountant G2 61 Monthly 7,431$ 7,803$ 8,193$ 8,603$ 9,033$ 6/8/2025 Assistant Planner G2 54 Monthly 6,291$ 6,606$ 6,936$ 7,283$ 7,647$ 6/8/2025 Associate Planner G2 59 Monthly 7,147$ 7,504$ 7,879$ 8,273$ 8,687$ 6/8/2025 Building Services Supervisor G2 75 Monthly 8,849$ 9,291$ 9,756$ 10,244$ 10,756$ 6/8/2025 Business License/Building Permit
Technician G2 49 Monthly 5,011$ 5,262$ 5,525$ 5,801$ 6,091$ 6/8/2025 Clerk Typist G2 40 Monthly 3,833$ 4,025$ 4,226$ 4,437$ 4,659$ 6/8/2025 Code Enforcement Officer G2 53 Monthly 5,915$ 6,211$ 6,522$ 6,848$ 7,190$ 6/8/2025 Combination Building Inspector I G2 55 Monthly 6,212$ 6,523$ 6,849$ 7,191$ 7,551$ 6/8/2025 Combination Building Inspector II G1 63 Monthly 6,663$ 6,996$ 7,346$ 7,713$ 8,099$ 6/8/2025 Community Services Officer P2 50 Monthly 4,838$ 5,080$ 5,334$ 5,601$ 5,881$ 6/8/2025 Deputy City Clerk G1 54 Monthly 5,252$ 5,515$ 5,791$ 6,081$ 6,385$ 6/8/2025 Housing Inspector/Code Enforcement
Officer G2 53 Monthly 5,915$ 6,211$ 6,522$ 6,848$ 7,190$ 6/8/2025 Housing Specialist I G2 51 Monthly 5,765$ 6,053$ 6,356$ 6,674$ 7,008$ 6/8/2025 Housing Specialist II G2 55 Monthly 6,212$ 6,523$ 6,849$ 7,191$ 7,551$ 6/8/2025 Jail Supervisor P2 47 Monthly 5,607$ 5,887$ 6,181$ 6,490$ 6,815$ 6/8/2025 Neighborhood Watch Coordinator P2 52 Monthly 5,609$ 5,889$ 6,183$ 6,492$ 6,817$ 6/8/2025 Office Assistant G2 42 Monthly 4,101$ 4,306$ 4,521$ 4,747$ 4,984$ 6/8/2025 Passport Clerk G2 42 Monthly 4,101$ 4,306$ 4,521$ 4,747$ 4,984$ 6/8/2025 Records Supervisor P2 47 Monthly 5,607$ 5,887$ 6,181$ 6,490$ 6,815$ 6/8/2025 Records/Gaming Clerk P2 46 Monthly 4,383$ 4,602$ 4,832$ 5,074$ 5,328$ 6/8/2025 Recreation Coordinator J1 53 Monthly 5,129$ 5,385$ 5,654$ 5,937$ 6,234$ 6/8/2025 Recreation Supervisor J1 61 Monthly 6,248$ 6,560$ 6,888$ 7,232$ 7,594$ 6/8/2025 Secretary G2 47 Monthly 4,556$ 4,784$ 5,023$ 5,274$ 5,538$ 6/8/2025 Secretary to Chief of Police P1 54 Monthly 5,765$ 6,053$ 6,356$ 6,674$ 7,008$ 6/8/2025 Senior Accountant M1 73 Monthly 7,840$ 8,232$ 8,644$ 9,076$ 9,530$ 6/8/2025 Senior Secretary G1 54 Monthly 5,252$ 5,515$ 5,791$ 6,081$ 6,385$ 6/8/2025 Transportation Dispatcher G1 40 Monthly 3,716$ 3,902$ 4,097$ 4,302$ 4,517$ 6/8/2025 Senior Transportation Dispatcher G1 50 Monthly 4,760$ 4,998$ 5,248$ 5,510$ 5,786$ 6/8/2025 City of Bell Gardens Comprehensive Salary Schedule
Adopted July 28, 2025
City Employees
Association (CEA)
Pa
g
e

2 8
5 o
f

3 1
3 Group/Association Classification Schedule Code Rate Type Step A Step B Step C Step D Step E Effective Date
Leadworker C1 57 Monthly 5,765$ 6,053$ 6,356$ 6,674$ 7,008$ 6/8/2025 Maintenance Worker C2 47 Monthly 4,460$ 4,683$ 4,917$ 5,163$ 5,421$ 6/8/2025 Senior Maintenance Worker C2 49 Monthly 4,689$ 4,923$ 5,169$ 5,427$ 5,698$ 6/8/2025 Public Works Supervisor C1 58 Monthly 6,664$ 6,997$ 7,347$ 7,714$ 8,100$ 7/6/2025 Public Works Supervisor II C1 59 Monthly 8,894$ 7/6/2025 Detective - Police P3 65 Monthly 9,036$ 9,488$ 9,962$ 10,460$ 10,983$ 4/13/2025 Lead Dispatcher P2 53 Monthly 6,576$ 6,905$ 7,250$ 7,613$ 7,994$ 4/13/2025 Police Clerk/Dispatch P2 51 Monthly 5,981$ 6,280$ 6,594$ 6,924$ 7,270$ 4/13/2025 Police Communications Supervisor P2 48 Monthly 7,833$ 8,225$ 8,636$ 9,068$ 9,521$ 4/13/2025 Police Officer P3 63 Monthly 8,222$ 8,633$ 9,065$ 9,518$ 9,994$ 4/13/2025 Senior Officer - 7.5% P3 66 Monthly 10,742$ 4/13/2025 Special Assignment Officer P3 64a Monthly 8,630$ 9,062$ 9,515$ 9,991$ 10,491$ 4/13/2025 Detective Sergeant PM 76 Monthly 10,711$ 11,247$ 11,809$ 12,399$ 13,019$ 4/13/2025 Police Captain PM 84 Monthly 14,720$ 15,456$ 16,229$ 17,040$ 17,892$ 4/13/2025 Police Lieutenant PM 81 Monthly 12,115$ 12,721$ 13,357$ 14,025$ 14,726$ 4/13/2025 Police Sergeant PM 74 Monthly 10,191$ 10,701$ 11,236$ 11,798$ 12,388$ 4/13/2025 Sergeant - Administrative PM 77 Monthly 10,711$ 11,247$ 11,809$ 12,399$ 13,019$ 4/13/2025 POA
PMA
CEA
PWEA
Non-Represented
PWSA
5% base salary increase effective first full pay period following 06/01/2025 4% base salary increase effective first full pay period following 07/01/2025 Police Management
Association (PMA)
5% base salary increase effective first full pay period following 04/01/2025 5% base salary increase effective first full pay period following 04/01/2025 5% base salary increase effective first full pay period following 06/01/2025 5% base salary increase effective first full pay period following 06/01/2025 Police Officers
Association (POA)
City of Bell Gardens Comprehensive Salary Schedule
Adopted July 28, 2025
Public Works
Employees
Association (PWEA)
Public Works
Supervisors
Association (PWSA)
Pa
g
e

2 8
6 o
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3 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO: Honorable Mayor and Council Members
FROM: Michael B. O’Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Andrew J. Tse, Human Resources Manager
SUBJECT: Consideration of a Resolution Authorizing the City’s Labor Negotiator to Execute Letters of Agreement with Labor Groups for Healthcare Plan Year 2025-2026
DATE:September 8, 2025
RECOMMENDATION:

It is recommended that the City Council adopt the attached resolution authorizing the City Manager to execute Letters of Agreement with the Bell Gardens City Employees Association (“BGCEA”), the Bell Gardens Public Works Employees Association (“BGPWEA”), the Bell Gardens Public Works Supervisors Association (“BGPWSA”), the Bell Gardens Police Officers Association (“BGPOA”), and the Bell Gardens Police Management Association (“BGPMA”).

BACKGROUND/DISCUSSION:

The Affordable Care Act (ACA) which was signed into law on March 23, 2010, significantly changed the healthcare market and contributed to escalating health plan premiums. Like many employers, the City of Bell Gardens required increased employee contributions, which over time led most employees to migrate to the lower-cost option, the Kaiser HMO plan. As a result, younger and healthier employees predominantly chose Kaiser, while older employees and retirees with greater medical needs remained in Anthem plans. Anthem considers this enrollment imbalance to be adverse selection, which is standard in the healthcare industry.

Alternative options explored—pooling, self-funding, or CalPERS medical—were deemed nonviable due to higher costs, increased OPEB liabilities, or long-term constraints.

Upon receiving direction from the City Council, the City Manager, as the City’s labor negotiating representative met and conferred with the Bell Gardens City Employees Association (“BGCEA”), the Bell Gardens Public Works Employees Association (“BGPWEA”), the Bell Gardens Public Works Supervisors Association (“BGPWSA”), the Bell Gardens Police Officers Association (“BGPOA”), and the Bell Gardens Police Management Association (“BGPMA”) (Collectively, the “Groups”). After having met, the City Manager and the Groups tentatively agreed to amend the terms of their previously executed Memoranda of Understanding as they related to their health insurance benefits.

The proposed Letters of Agreement, while carrying short-term fiscal impact, will stabilize Anthem enrollment. This stabilization will enable Alliant to pursue retiree plan solutions that improve coverage while offsetting costs through long-term savings.

Proposed Letters of Agreement Actions:
•No impact on employees already enrolled in Kaiser HMO. •Employees enrolling in Anthem HMO would have the same cost neutrality as Kaiser HMO.
•Employees who are enrolled in Anthem PPO would receive the difference between the Kaiser HMO and Anthem HMO at their eligibility tier (Single, 2-Party Family), in addition to the MOU City contribution.
•No impact on those who are Opted-Out due to having coverage elsewhere. Opt-Out incentive contribution will remain the same as current MOU / practice.

Based on enrollment data, staff and Alliant Insurance Services project change of enrollment by employees from the Kaiser HMO plan to one of the Anthem plans to be approximately 20- 25 employees.

CONCLUSION:

Adoption of the attached Resolution will allow the City Manager, as the City’s labor negotiating representative, to execute Letters of Agreement with the Labor Groups to correct the City’s adverse selection issue, preserve Anthem plan options for employees and retirees, and position the City to negotiate stronger terms and pricing in future plan years.

FISCAL IMPACT:

The estimated cost of mitigation is $300,000. This cost is expected to be offset through retiree plan restructuring and related long-term savings.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

RESOLUTION NO. 2025-88

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, AUTHORIZING THE CITY MANAGER, TO

EXECUTE LETTERS OF AGREEMENT WITH THE LABOR GROUPS TO
BE EFFECTIVE FOR THE HEALTHCARE PLAN YEAR 2025-2026

WHEREAS, trends and changes in the health insurance industry have impacted employer sponsored health plans; and

WHEREAS, rising health insurance premiums created an imbalance in plan participation resulting in adverse selection for the City of Bell Gardens (“City”) Anthem health plans; and

WHEREAS, Anthem intended to not renew the City’s plans; and

WHEREAS, other insurance carriers declined to provide a quote due to the employee census data; and

WHEREAS, possible viable alternatives were explored and deemed to not be suitable for the City’s needs; and

WHEREAS, the City Council of the City of Bell Gardens recognizes the importance of its labor force having access to quality and affordable healthcare; and

WHEREAS, the City and the Bell Gardens City Employees Association (“BGCEA”), the Bell Gardens Public Works Employees Association (“BGPWEA”), the Bell Gardens Public Works Supervisors Association (“BGPWSA”), the Bell Gardens Police Officers Association (“BGPOA”), and the Bell Gardens Police Management Association (“BGPMA”) (collectively referred to as the “Groups”) desire to enter into a Letters of Agreement (“Agreements”) to mitigate adverse selection to avert the loss of the City’s Anthem plans; and

WHEREAS, the Agreements would take effect upon approval by the City Council and its terms will be effective for the healthcare plan year 2025-2026.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council authorizes the City Manager, as the City’s Labor Negotiations Representative, to enter into Agreements with the Groups adopting recommended mitigating measures, and terms set forth to be incorporated in future successor MOUs.

Resolution No. 2025-88
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SECTION 3. The City Council further authorizes the City Manager to execute any appropriate and necessary amendments, addendums, or other ancillary documents in connection with the Agreements.

SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED, and ADOPTED this 8th day of September 2025.

THE CITY OF BELL GARDENS

________________________________
Jorgel Chavez, Mayor

APPROVED AS TO FORM: ATTEST:

__________________________________ _______________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

Resolution No. 2025-88
3 of 3
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

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael O’Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT:Local Commissions Appointment List
MEETING DATE:September 8, 2025
RECOMMENDATION:

It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

BACKGROUND / DISCUSSION:

The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state-mandated AB 1234 ethics training and AB 1661 harassment training.

Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.

CONCLUSION:

After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.

FISCAL IMPACT:

No fiscal impact.

ELECTRONICALLY APPROVED BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services

Updated: 5/13/2025

CITY OF BELL GARDENS

NOTICE OF COMMISSION VACANCIES

AND ACTIVE COMMISSIONERS

EDUCATION COMMISSION

PLANNING COMMISSION

RECREATION, CULTURAL AND YOUTH COMMISSION

SENIOR CITIZEN COMMISSION

TRAFFIC AND SAFETY COMMISSION
The City Council is seeking applications for the following vacancies:

Meeting Date: Second Thursday of every month, City Hall Council Chamber, 5:00 p.m.

Staff Liaison - Ana Avalos, Recreation and Community Services Supervisor, (562) 806-7650 Meeting Date: Third Wednesday of every month, City Hall Council Chamber, 5:15 p.m.

Staff Liaison - Steven Jones, City Planner, (562) 806-7722 Ernesto Ramirez Barcena 4/8/2024
Meeting Date: Third Thursday of every month, City Hall Council Chamber, 6:00 p.m.

Staff Liaison – Armando Andrade, Recreation and Community Services Supervisor, (562) 806-7650 Meeting Date – Second Wednesday of every month, City Hall Council Chamber, 6:00 p.m.

Staff Liaison – Diana Ortiz, Recreation and Community Services Supervisor (562) 806-7650 Meeting Date – First Tuesday of every month, City Hall Council Chamber, 5:30 p.m.

Staff Liaison – Bernardo Iniguez , Director of Public Works/Facilities (562) 806-7770 Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk’s Office: 7100 Garfield Ave, Bell Gardens, CA 90201. Applications will be accepted in the City Clerk’s Office on a continuous basis until an appointment is made. Please call the City Clerk’s Office at (562) 806-7705 or email [email protected] for more information.

Daisy Gomez, City Clerk
VACANT Barcena 2/3/2025
Linda Judith Lopez Chavez 4/28/2025
Crystal Jimenez De La Rosa 1/13/2025
Juan Manuel Rojas Guillen 1/27/2025
Miguel Maravilla Sanchez 1/13/2025
Carlos Jose Barrera Chavez 1/13/2024
Kenneth Preciado De La Rosa 1/13/2025
Yorgelys Monroy Guillen 2/11/2025
Oscar Boado Sanchez 9/11/2023
VACANT Barcena 1/6/2025
Katelynn Cabrera Chavez 4/28/2025
Ainslee Preciado De La Rosa 2/24/2025
VACANT Guillen 3/11/2025
Carmen Vargas Sanchez 7/22/2024
Ana Maria Sanchez Flores Barcena 1/9/2023
Mayra Teresa Yañez Chavez 4/28/2025
Karina Garcia De La Rosa 5/12/2025
VACANT Guillen
Stephanie Perez Sanchez 1/23/2023
David Heredia Barcena 1/9/2023
Edgar Juvenal Lopez Bustillos Chavez 4/28/2025
Gustavo Mendez De La Rosa 4/14/2025
Samuel Perez Guillen 2/24/2025
Hugo Alvarado Sanchez 1/9/2023

NAME APPOINTED BY VACANCY
POSTED

APPOINTMENT
DATE

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXCUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael O’Kelly, City Manager
BY: Bernardo Iniguez, Director of Public Works/Facilities Elizabeth Nava, Director of Recreation & Community Services SUBJECT: September 2025 Update on the John Anson Ford Park Regional Aquatics Center Improvements Project
MEETING DATE:September 8, 2025
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the September 2025 John Anson Ford Park Regional Aquatics Center Improvements update report.

BACKGROUND / DISCUSSION:

On January 22, 2024, the City awarded a Construction Contract to Bernards Bros. Inc. (“Bernards”) for a total contract amount of $26,334,000. On April 1, 2024, the City completed the National Environmental Policy Act (NEPA) review process through the U.S.

Department of Housing and Urban Development (HUD) and received authority to use federal grant funds, clearing the way to proceed with construction of the Aquatics Center Improvements Project (“Project”). On April 4, 2024, a Notice to Proceed with construction was issued to Bernards.

On April 15, 2024, Bernards began mobilization, which included installing the temporary construction fence, temporary construction office trailers, removal of existing utilities, and installing temporary power. On May 24, 2024, remediation of asbestos- and lead-containing materials was completed. On July 5, 2024, demolition activities were completed, clearing the way for construction to begin on July 8, 2024.

Completed Progress to Date (with yellow highlighted items completed during the most recent quarter):
•RJM Design Group completed the Project plans, specifications, and estimate. o Plans were approved by LACDA, L.A. County Health, L.A. County Fire, and City Building & Safety.
•The City entered into a Professional Services Agreement with Ardurra Group, Inc. (“Ardurra”) to serve as the City’s Construction Management and Inspection Firm. To date, Ardurra has performed the following tasks:
o Conducted a constructability review.
o Prepared the Request for Qualifications to prequalify potential contractors.

o Prepared an updated construction cost estimate for Project construction costs.
o Reviewed construction bids for compliance with Project specifications. o Coordinated a pre-construction meeting.
o Conducted construction inspections.
o Coordinated weekly construction progress meetings.
o Coordinated meetings with utility providers (SCE, Golden State Water, Spectrum, and SoCalGas) for future connections to the new facility. o Routed Project submittals and Requests for Information for City and/or Designer review.
•Bernards was awarded the Construction Contract and has performed the following tasks to date:
o Pulled permits for the Project.
o Completed mobilization, including installation of temporary fencing, construction trailers, and temporary power during construction. o Completed remediation of asbestos- and lead-containing materials. o Demolished the previous pool and pool building.
o Completed clearing and grubbing of the site.
o Removed the underground storage tank.
o Began grading activities.
o Completed excavation for underground utilities.
o Completed installation of sewer lines and electrical conduits under Aquatics building footprint.
o Poured concrete for surge pit room slab and walls.
o Completed installation of an 8-foot-tall black vinyl coated fence along new walkway south of Ball Field #5.
o Completed installation of water lines.
o Completed installation of storm drain lines.
o Completed installation of natural gas lines.
o Completed installation of sewer lines.
o Completed installation of CDS hydrodynamic separator for stormwater treatment, including installation of corrugated pipe and perforated pipe for stormwater infiltration.
o Completed installation of rebar, plumbing, and floor drains for the Aquatics building.
o Poured over 600 cubic yards of concrete for the Aquatics building foundation.
o Completed rough grading and excavation for the competition swimming pool, activity pool, and therapy pool.
o Laid out, trenched, and backfilled plumbing lines for the activity pool. o Completed grading for the competition pool walls and floors. o Completed installation of rebar and concrete masonry unit (CMU) walls for the Aquatics building.
o Completed grading for the activity pool walls and floors. o Completed installation of plumbing and backfilling for the activity pool. o Completed installation of plumbing and backfilling for the competition pool. o Completed installation of concrete and shotcrete for the activity pool.

o Completed installation of concrete and shotcrete for the competition pool, pouring over 500 cubic yards of concrete.
o Completed the installation of metal decking for the Aquatics building. o Completed installation of metal studs for the Aquatics building interior walls.
o Completed excavation for the therapy pool.
o Completed installation of plumbing for the therapy pool. o Completed installation of concrete for the therapy pool. o Began installation of overhead conduits and boxes for the Aquatics building electrical, plumbing, and HVAC lines.
o Completed installation of the palm tree planters.
o Began installation of drywall for the Aquatics building interior. o Began installation of the fire pit wall tile at the therapy pool. o Began trenching for plumbing lines running from the three pools to the pool equipment and surge chamber room.
o Began installation of the slide for the activity pool. Ordered equipment, materials and supplies for the Project.
o Routed Project submittals and Requests for Information to Ardurra. o Completed installation of steel columns and beams for the new Aquatics building roof structure.
o Completed installation of rebar and perimeter CMU block walls. o Excavated, installed rebar, and completed installation of terraced lawn walls.
o Completed installation of the amphitheater CMU walls. o Completed installation of concrete and shotcrete for the competition pool, pouring over 500 cubic yards of concrete.
o Completed installation of concrete for the therapy pool. o Completed installation of metal studs for the Aquatics building interior. o Completed installation of overhead conduits and boxes for the Aquatics building electrical, plumbing, and HVAC lines.
o Completed installation of HVAC units and overhead electrical components.
o Completed installation of metal decking and roofing system for the Aquatics building.
o Completed trenching and installation of plumbing lines from the three pools to the equipment/surge chamber room.
o Completed installation of insulation and drywall in the interior of the Aquatics building.
o Completed installation of spray features and water slide in the activity pool.
o Completed installation of flashings, trims, expansion joints, and gutters for the Aquatics building.
o Completed installation of pool heaters and pool filters in the equipment/surge chamber room.
o Completed installation of water piping in the equipment/surge chamber room.
o Completed installation of lath and plaster on the ceilings of the Aquatics building.
o

o Completed excavation and installation of irrigation lines for landscaped areas.
o Completed construction of palm tree planters.
o Completed installation of 14 palm trees in the pool area/courtyard. o Completed priming and painting of the electrical room. o Completed installation of the entry monument sign.
o Completed installation of the main electrical line low voltage conduits. o Completed installation of wall tiles in the pools and locker rooms/restrooms.
o Completed installation of glass panels in the pool lobby area. o Completed installation of main 6” water lines for the facility. o Completed installation of aluminum storefront system framing. o Completed installation of hollow metal doors and hardware. o Completed installation of plumbing fixtures in all restrooms. o Completed installation of concrete paving/pool decking around the competition pool, therapy pool, and activity pool.
o Completed installation of pool tiles in all three pools. o Completed installation of the telescopic automated door in the lobby. o Completed installation of palm trees on north side of the Aquatics building and at rear of the amphitheater.
o Completed installation of perimeter fence panels.
o Completed painting interior walls and ceilings.
o Completed installation of lockers and benches in the men’s and women’s locker rooms and breezeways.
o Completed installation of bleachers.
o Completed installation of cabinets in life guard room and break room. o Completed installation of flag pole.
o Completed installation of drinking fountains.
o Completed installation of fire alarm devices.
o Completed installation of toilet and shower partitions in locker rooms/restrooms.
o Completed all electrical connections for pool equipment. o Completed installation of pool lights.
o Completed installation of parking lot lights.
o Completed installation of ceiling panels and rubber tile flooring in fitness room.
o Completed installation of T-bar ceiling tiles.
o Completed installation of flooring in lobby and administrative offices. o Completed installation of concrete sidewalks.
o Completed installation of palm tree lights and speakers. o Completed installation of shade canopies.
o Completed installation of pool plaster in all three pools. o Completed filling all three pools with water.
o Completed installation of lithocrete sidewalks.
o Completed repavement of east parking lot.

Tentative Schedule for Upcoming Construction Activities:
•September 12, 2025: Complete installation of trees, shrubs, and landscaping.

•September 12, 2025: Complete installation of monument sign letters. •September 18, 2025: Complete striping of east parking lot. •October 3, 2025: Substantial Project completion. •October 10, 2025: Final Project completion
Current Aquatic Programming:
•For the past 3 years, the City of Montebello has allowed the City of Bell Gardens exclusive access to their pool located at Chet Holifield Park, where Recreation & Community Services (“RCS”) staff host swim lessons and Recreational Swim for the Bell Gardens community.
•Starting in October, Bell Gardens Aquatics programming will no longer be offered in Montebello, and will begin at the John Anson Ford Park Regional Aquatics Center.
o The last session in Montebello will be session 2 of the fall swim lessons.

Session 3 will be at the new facility.
•RCS has received $25,000 in LA84 grant funds, which will allow us to provide 825 free swim lessons to Bell Gardens residents this summer and fall.

New JAFPR Aquatics Center Operating Costs and Programming:

The tables below reflect the anticipated staffing levels, costs, and programming for the Bell Gardens Aquatics Center.

AQUATICS CENTER OPERATIONS, PROGRAMS, AND STAFFING LEVELS Staffing Levels Operations (10 Months)
New Aquatics Center
Full Time
•1 RCS Director
•1 Recreation Coordinator
Monday – Thursday, Saturday
Hours: TBD
Part Time
•1 Pool Manager
•2 Asst. Pool Managers
•1 Senior Guard
•15 Instructor / Lifeguards
•1 Recreation Leader III
10 Recreation Leaders I/II
Aquatics Programming
•Swim Lessons
•Recreation Swim
•Lap Swim
•Water Aerobics
Other Programming
•Weight Room
•Community Classes
(CPR/Safety, etc.)

*PROJECTED OPERATING COSTS INCLUDING STAFF COSTS
$2,699,260
Operating Costs: $806,000
•Utilities
•Maintenance
•Supplies
•Equipment
•Repairs
Staff Costs: $1,893,260
•FT/PT Salaries
•Benefits
*Costs estimated for approximately 10 months of programming. Numbers reflect expenses only and do not include offsetting revenues.

CONCLUSION:

After approximately 18 months of construction, the completion of the John Anson Ford Park Regional Aquatics Center is quickly approaching with final project completion projected to be October 10, 2025. Staff are finalizing programming details and operating hours in preparation of the opening of the new facility.

FISCAL IMPACT:

The Project budget is $31,270,000, consisting of the following funds:
•Land and Water Conservation Fund - $6 million (Federal) •Supervisor Janice Hahn - $4 million (County)
•Assemblymember Cristina Garcia - $2 million (State)
•Congresswoman Roybal-Allard - $1.5 million (Federal)
•General Fund - $14.6 million (City)
The current estimated total Project costs are as follows:

Design (RJM Design Group)$1,045,100
Labor Compliance (Michael Baker International)$224,200
Construction Management & Inspection (Ardurra)$2,040,400 Construction Cost (Bernards)$26,334,000
Construction Change Orders to Date (Bernards)$1,104,600 Remaining Construction Contingency $458,400
Publication & Misc. Costs $1,200
TOTAL ESTIMATED PROJECT COST $31,270,000
Annual staffing and operating costs of approximately $2,700,000 are included in the Fiscal Year 2025-26 annual budget.

APPROVALS:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services