AGENDA REPORT
Meeting Date: August 23, 2022
Item Number:
To:
E-12
Honorable Mayor & City Council
From: Craig Crowder, Fleet & Facilities Manager
Michael Hensley, Deputy Director of Public Works-Operations Subject: APPROVAL OF A PURCHASE ORDER TO LONG BEACH BMW
MOTORCYCLES FOR A TOTAL NOT-TO-EXCEED AMOUNT OF
$105,782.01 FOR PURCHASE OF THREE (3) BMW POLICE
MOTORCYCLES
Attachment: 1. Request for Bid & Specification from Los Angeles County Sheriff’s Department
2. Purchase Order from Los Angeles County Sheriff’s
Department
3. Price Quote from Long Beach BMW Motorcycles
4. Piggy-back Approval Letter from Long Beach BMW
RECOMMENDATION
Staff recommends that City Council (1) move to waive the bidding requirements as the City is utilizing the LA County Sheriff’s Department bid process, and (2) approve a purchase order in the amount of $105,782.01 to Long Beach BMW Motorcycles for the purchase of specified BMW Police Motorcycles. DISCUSSION Following an annual evaluation of the City’s vehicle and equipment fleet, Fleet Services staff has determined that the two 2012 motorcycles listed below have exceeded their life expectancies and one 2016 motorcycle was totaled in an accident:
ID # YEAR/MAKE/MODEL PROGRAM NO. / DESCRIPTION
112 2016 BMW R1200RTP 00102601 / TRAFFIC BUREAU
127 2012 BMW R1200RTP 00102601 / TRAFFIC BUREAU
128 2012 BMW R1200RTP 00102601 / TRAFFIC BUREAU
•
BEVERLY
HILLS
-�
Meeting Date: August 23, 2022
Following a joint deliberation with Beverly Hills Police Department (BHPD or Department) staff, Fleet Services concurred with the Department’s request to replace two existing motorcycles and one accident totaled motorcycle with a like-vehicle selection, the BMW R1250 RTP Motorcycle. These replacement vehicles maintain standardization and provide operational familiarity with projected enhanced reliability through upgraded systems design. These characteristics are necessary in order to satisfy job duty requirements and ensure that vehicles in the City fleet are safe, reliable, modern and relevant to the user’s current and future needs. After careful evaluation of various purchasing options and pricing, staff determined that it is in the best interest of the City not to proceed with its own bid process and to utilize the bid process of the Los Angeles County Sheriff’s Department (LASD) Bid Specification #RFB-IS-22201046-1 and subsequent purchase order #PO-SH-22009476-1 (See Attachment 1, 2). The LASD found that Long Beach BMW was the lowest bidder for its BMW motorcycle. Staff determined that using the LASD’s resources, staffing and purchasing power gives the City the best pricing opportunity. Long Beach BMW will extend the same terms, conditions and prices stipulated in the contract with the LASD, which commenced on June 15, 2022, to the City of Beverly Hills (See Attachment 4), to include modifications to the motorcycle specifications as noted in the chart below.
Staff recommends the approval of a purchase order in the amount not to exceed $105,782.01 to Long Beach BMW for the purchase of three (3) BMW Police Motorcycles at the prices listed below, which is based on LASD pricing.
FISCAL IMPACT
The summary of the Vendor’s price quote for the police motorcycle specified by the City of Beverly Hills (See Attachment 3) is as follows:
One (1) 2023 or newer BMW Police Motorcycle Model R1250-RT- P per the Los Angeles County Sheriff’s Department Contract Specification
$29,204.61
City of Beverly Hills Additions $3,854.53
City of Beverly Hills Deletions -$2,407.00
Subtotal $30,652.14
Document Fee $85.00
Tax (9.5%) $2,920.03
7 Year Extended Warranty: $1,570.00
CVR Fee $30.00
Tire Fee: $3.50
Unit Total: $35,260.67
Purchase Total (3X): $105,782.01
Meeting Date: August 23, 2022
Funding for this purchase is included in the Fiscal Year 2022/23 City Council-approved Department budget.
Program # / Description of Fund Source Amount
49008501-850000-08502 / Vehicle Replacement $105,782.01 Shana Epstein,
Director of Public Works
Approved By
Attachment 1
REQUEST FOR BID
INTERNAL SERVICES
DEPARTMENT
SOLICITATION
RFB-IS-22201046-1
BID DUE:
06/10/22 12:00:00 PM
MOTORCYCLE - B.\IW - BRAND SPECIFIC· SPECS
BUYER
BUYER PHONE
BUYER EMAIL
DATE ISSUED
REQ DEPARTMENT
AGFNCY RFQ. NO.
REQ.:,.'.0.
FISCAL YEAR
Marmca Valenc,i
323-267-2288
m,alcnc,[email protected]
05/27122
IS
MOTOR CY
RQN-SH-22010911
Visit Vendor Self Service (VSS) portal to upload and
submit your bid response at:
http:tnacovss.1:icounty .gov
For assistance responding onlinc. please contact the
County ISO Procurement Help Desk at:
SCHEDULED BEGIN DA TE
NUMBER OF COMMODITY LINES
PROCURE.\!ENT FOLDER
INSTRUCTIONS:
'
2327986
Suhmis�101u "ill ouly be accepted ,·b the on line Vendor Self Ser •. Ice (VSS) portal. No paper bids \\ill be accepted. \ isit the VSS link ( h!tp:1/ lacons.laeoun1� -gcv ) IO upload and sulimlt � our hid responseBidders must attach a copy of a complete bid. including all required documentation and attachments, and Appendix A - Purchasing Required Forms.
Al! bids must be submitted onlinc by the closing date and time as set fonh in the solicitation. Bidders arc responsible for submining a timely response and should allow themselves ample time to ensure a successful transminal. • Please read all terms and conditions. forms. and atuchments thoroughly. • Complete. sign and submit all forms labeled in .. Appendix A''. :md any additional attachments provided with the solicitation.
IMPORTANT! BID SUBMISSION CHECK.LIST:
(The following must be submitted Online at the bid closure) IZl I. THIS DOCUMENT k7'1***Mi11imum Mandatory Requirements must also be submitted. Section 2.0 of this �ocumentfor the complete MMR fist.***
. APPENDIX A SIGNED PDF DOCUMENT
. EXHIBIT 6 - COMPLETED EXCEL DOCUMENT
. SPECIFICATIONS
STANDARD TERMS & CONDITIONS
LONG BEACH BHW MOTORCYCLES
I INSTRUCTIONS FOR COMPLETING THE BID
REQUEST FOR BID
SO NO RFB-IS-22201046-1
BID DUE: 06/10/22 12:00:00 PM I Page
2 Prior to submiuing a bid, all Vendors must register in the County's Web Ven. Web Ven contains the Vendor's business profile and identifies the goods/services the business provides. Registration can be accomplished on!ine via the Internet by accessing the County's home page at:
http:l/cam1svr.co.la.ca.us/wcbvcnl.
I.I EFFECTIVE OCTOBER \, 2021, BIDS MUST BE SUBMITTED ONLINE AT: HTIP:f/LACOVSS.LACOU:-.'TY.GOV. Bidders must attach a copy of a complete bid. including all required documentation and attachments, and Appendix A - Purchasing Required Forms. All bids must be submitted onlinc by the closing date and time as set fonh in the solicitation. Bidders arc responsible for submiuing a timely response and should allow themselves ample time to ensure a successful transmittal. Any response received after the scheduled closing date and time will not be accepted. unless the County Purchasing Agent detennines acceptance of the bid is in the best interest of the County. Submission of hard copy (paper copy/printout) bids will not be accepted.
Electronically transmilled (faxed/emailed) bids wi!l not be accepted. For assistance responding onlinc, please contact the County ISD Procurement Help Desk at [email protected].
1.2 Bid each item separately and in unit of measure specified m the solicitation.
1.J Bidder must complccc the right-hand column of any attached specification sheet(s) and return with their bid. If Bidder's offer is the same as the stated spccificanons. Bidder must indicate "As Specified." When bidding an alternate, Bidder must state the deviations or exceptions. Literature alone docs not satisfy this requirement. Failure to comply with these instructions may result in rejection of the bid.
1.4 Bidder is solely responsible for undcrst:mding the specifications and rcqulrcrncms. The specifications set fonh herein arc controlling and supersede any other information, orol or written, regarding this acquisition. Inspections and examinations or failure to do so is at bidder's sole nsk.
1.S If quoting other than item specified, an alternate offer must be quoted m accordance with specification and include the manufacturer's name, a product description and model number. Alternate offers must meet functional requirements and be adequately supponcd by documentation and include information where specifications differ.
1.6 Time of delivery is a pan of the consideration and must be stated in definite terms and adhered to. If time varies on different items, bidder must state in the column provided opposite the hem Unless otherwise noted, "days for delivery" or "days from receipt of order" arc calendar days.
1.7 Vendor represents and warrants tha1 all requirements have been fulfil!ed and the person e><ecuting this bid for the Vendor is an curhcrizcd agent who has actual authority to bind the Vendor to each and every term, condition, and obligation of this bid.
I.8 Bidders pre-printed terms and conditions or restrictions submincd with bid may not be accepted.
J.9 Prices bid must not include sates or use taxes. Bidders arc required to provide their California Sellers Permit Number or their Sellers Certificate of Registration-Use Tax Number on Exhibit 2, Certification of Compliance in Appendix A - Purchasing Required Forms. If you arc unccnain as to whether you have such a number or have any questions, please comae\ the St.ate Board of'Equalizaticn at www.boc.ca gov or call l-800-400-7115.
1.10 No charges will be allowed unless specified in the bid.
1.11 If required, samples of items must be furnished at no cost. Samp!es will not be returnable and will be disposed of at County's discretion. Unless specifically requested, bidders should not submit samples.
1.12 Bids arc subject to acceptance at any time within thirty (30) calendar days of the closing date, unless otherwise stated.
I.IJ County will not return bids for change/correction after receipt.
1.14 All factors being equal and to the extent authorized by law, County prefers products grown, manufactured or produced in the County of Los Angeles, and then in the State of California. To qualify for such preference. bids must state whether the items are wholly or panially grown, manufactured or produced in the County of Los Angeles or the State of California.
1.15 Changes or modifications to specifications or conditions to this solicitation must only be made by issuance of a written amendment by County's Purchasing Agent. No other ch:ingc or modification, regardless of source, will be binding.
1.16 Unless County specifically agrees in writing, any other terms and conditions will have no force or effect.
STANDARD TERMS & CONDITIONS
...... u tjtA(H BMW MOT
REQUEST FOR BID
SO NO RFB-IS-2220 I 046-1
BID DUE: 06/10/22 12:00:00 PM I Page
3 1.17 Gr:11uitics: II is improper for any County oOiccr, employee °' agcnl to solicit consideration, in any fonn, from a bidder with the implication, suggestion or statement U\a1 the bidder's prevision ofthc consideration may secure more favorable treatment for the bidder in the Award of the contract or that the bidder's failure to provide such consideration may negatively affect lhc County's consideration ofthc bidder's submission. A bidder must not olTcr or give, either directly or through an intermediary, consideration, in any form, to a County officer, employee or agent for the pUfJ)OSC of securing favorable treatment with respect to the Award of the contr:u:t.
1.18 The offering of gifts, excluding token gifts of a promotional/advertising nature, or gratuities by bidder or any other agent or representative ofb1ddcr is strictly prohibited.
I.Ill This request is a solicitation only and is not intended or to be consLrued as an o!Tcr by the County to enter into any Award or 01hcr AgrccmcnL
1.20 Atl bids must meludc a complete "Exhibit l. Proposer"s Organintion Questionnaire/Affidavit", "Exhibit 2, Proposer's Ccnification of Compliance'', "Exhibit 3, Request for Preference Consideration", "Exhibit 4, Commercially Useful Function Ccnification Form", "Exhibit 5, Declaration", "Exhibit 6, Community Business Enterprise CBE Information (E..;ecl Worksheet)", "Exhibit 7, Ccrtifica1ion of Compliance (COVJD-19 Vaccinations of Coun1y Contractor Personnel)" and "Exhibit S, Prevailing Wages" anachcd hereto in Appendix A - Pun.:hasing Required Forms. Bids received that do not include all compk1cd Appendix A forms may be labeled non-responsive as an incomplete submission at County's discretion.
1.21 Small Business Emcrprisc {SSE). Local Small Business Enterprise (LSBE), Disabled Veteran Business Enterprise (DVBEJ. Social Enterprise (SE), and Community Business Enterprise (CBEJ arc encouraged 10 bid.
1.22 Wherever possible, bidders arc encouraged to subcontract ponions of the work 10 responsible and qualified SBE. LSBE, DVBE, SE, and CBE.
l.?3 Bidders arc reminded to thoroughly review all solicitation documents.
1.24 Each person by submining a m;ponse to this solicitation cenifies that such bidder and each County lobbyist and County lobbying firm, as defined by Los Angeles County Code Chapter 2.160, retained by bidder is in foll compliance with ChaptCT 2. 160 o(thc Los Angeles Coun1y Code.
1.25 All bids submiucd in response to the solicitation become the exclusive property of the County and will be regarded as public records. Exceptions will be those clements set forth in the California Government Code section 6250 ct. SC<[. (Public Records Act) and which arc marked Htradc secret", "confidential", or "proprietary". The County will 1101, in any way, be liable or responsible for the disclosure of any such records, including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a coun of competent jurisdiction. In the event the County is required to defend an 11ction on a Pub lie Records Act request for any of the aforementioned documents, information. books. records, and/or contents of a bid marked "trade secret", "confidential", or "proprietary" the bidder agrees to defend and indemnify the County rrom all costs and expenses, including reasonable attorney's fees, in action or liability arisin11 under the Public Records ,\cL
1.26 Review of Solicitation Requirements and Specifications: A Vendor may seek a review of the soticuauon requirements and/or specifications by wrincn request to the Buyer conducting the solicitation provided that the written request is received no later than five (5) days prior to the closing date oflhc solicitation or as otherwise specified within the solicitation. This request must itemize, in sufficient detail, each matter ecmestec and one or more fac1u.1l rcason(s) (or the requested review (e.g .. specifications were too narrow and limited competition with supporting details. etc.). The Purchasing Agent will provide a wrinen response 10 the requesting Vendor(s).
1.27 County's Quality Assurance Plan. Subsequent to any Awud, the County or its agent will evaluate vendor's performance on not less than an annual basis. Such C\':1.IU3tion will include 3SSCssing vendor's compliance with all Award terms and performance standards.
Vendor deficiencies which County determines arc severe or continuing and that may place performance of the Award in jeopardy If not com:cted "'ill be reported to the Board or Supervisors. The report will include irnprcvernem'corrective action measures taken by the County and vendor. Jf improvement docs not occur consistent with the corrective acuon measures, Counry may terminate or impose other penalties as specified m the Award.
1,28 Bidder must not publish or disseminate any commercial advertisements. press releases, fc.11un:: articles. or other materials using the name or logo of the County or any County departments without the Counry's prior wrinen consent
1.29 Bidders Adherence 10 County's Child Support Compliance Program. Bidders must fully comply whh a!l applicable state and federal rcponing requirements for us employees and all lawfully served wege and Earnings Assignment Orders and Notice of Assignments and continue to maintain compliance during the term of any Award made pursuant to this solicitation. Failure 10 cure a default wiU\in ninety (90) days of notice by the County, will be cause for termination of an Award or initia1ion of dcbarmcnc proceedings against the non-compliant Vendor (County Code Chapter 2.202) I .JO Time Off for Voting. Vendor must notify its employees and must require each subcontractor to notify its employees and provide informalion regarding the time off for voting (Elections Code Section 14000). Not less than ten {10) days before every statewide election. every vendcr and subconLractor must keep posted conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come or go to U\eir place of work, a notice setting forth the provisions of Section 14000.
ST AND ARD TERMS & CONDITIONS
LONG BEACH BMW MOTORCYCLES
REQUEST FOR BID
SO NO RFB-IS-22201046-1
BID DUE: 06/10/22 12:00:00 PM I Page
4 1.31 County reserves the nght lo waive, at its sole discretion, any formality in the biddin11 or evaluation in order to expedite the process, accommoda1c minor error, or respond to unforeseen circumstances, and to reject any or all bids and to reject any items thereon County may, at its sole discretion, cancel tbis solicit.at ion at any cimc prior to Award.
1.32 County reserves the right 10 request clarification of any bid, prior to the bid Award.
1.33 County reserves the right to conduct a reasonable inquiry to determine the responsibility ofa bidder. The unreasonable failure of bidder 10 promptly supply inform:uion in connection with such inquiry, including, but not limited to. information regarding past performance, financial stability and ability to perform on schedule, m.ay, 31 County's discretion, be grounds (or .a determination of non-responsibility.
1.34 County reserves the risht to select the bidder which County determines in its sole discretion, to be the most responsive and responsible bidder.
I.JS County reserves the right to negotiate price, terms and conditions with the selected bidder.
1.36 Contr.tctors with Unresolved Disallowed Costs: lf Bidde(s compliance with a County contract bas been reviewed by the Dcp:u-tmcnt of the Audilor..Controller withm the l:ist 10 yc.ars, Bidder must no\ have unresolved questioned cOSIS identified by the Auditor-Con1rollcr in .an amount over 5100,000.00 that .arc confirmed 10 be disallowed costs by rhc contracting County department and remain unpaid for a period of six months or more from the date of disallowancc, unless such disallowed cosu arc the subject of current Sood f:nth negotiations to resolve the disallowed costs, in the opinion of the contracting County department. 2 ALL A WARDS FR ml THIS BIO WILL BE SUBJECT TO THE FOLLOWING TERMS AND COXOJTIONS OF PURCHASE Vendor is defined as the contractor, supplier. reseller, ser.·ice provider, or other business entity who has entered into an Award with the County
2.1 No other conditions or modifications of these tcnns and conditions will be effective unless agreed to in writini. by rhc Counl}' of Los Angeles ("County") Purchasing Agent. Failure of County to object to any of the bidde(s terms and conditions submiltcd in response ro the solicitation will not be construed a.s a waiver of the County's terms and conditions or as :in acceptance of the biddc(s terms and conditions.
2,2 DELIVERY:
Delivery date will be as stared herein.
F.O.B DELIVERED: Freight pre-paid and allowed.
2.3 INVOICES:
Vendor must invoice the County only for providing the tasks, deliverables, goods, services, and other work specified in the Award.
Vendor must prepare invoices, which must include the Award number :ind charges owed to the Vendor by the County under the tenns of this Award. Vendor will be paid only for the tasks, deliverables, goods, services, and other work approved in writing by the County.
2.4 PRICE/SALES TAX:
Unless otherwise specified herein, the prices do not include sales or use tax. No charges for transportation, containers, packing, unloading, etc .. will be allowed unless specified herein.
2.S PAYMENT TERMS:
Unless otherwise specified herein, payment terms are net thiny (30) days from the d.atc County receives a correct and proper in,·oicc. In no event will County be liable for any late charges. Cash discount periods will be computed from the date the Counl}' receives a correct and proper mvctce. Vendor must submit monthly invoices to the County by the 15th calendar day of the month following the month of service.
Local Small Business Enterprises - Prompt Payment Program Certified Local Small Business Enterprises (LSBEs) will receive prompt payrncnt for services they provide to County dep:u-tments.
Prompt payment is defined as fifteen ( IS) c:ikndar days after receipt of:111 undisputed invoice.
2.6 WARRANTIES:
Vendor must . .at no cost 10 County, promptly correct any and all dcfcclS in the items/services provided hereunder. Vendor must :also reimburse County for any costs incurred as a result of dcfect(s). The term of this warranty must be as set forth in the Award. or if no term is shown, ninety (90) d3ys from the d:ite of County's acceptance of the item/service. Vendor warrants that items may be shipped, sold and used in a customary manner without any violation of any law, ordinance, rule or rcgul:ltion of any government or administrative body.
STANDARD TERMS & CONDITIONS
L.ONG BEACH BMW MOTORCYCLES
2.7 COVENANT AGAINST GRATUITIES:
REQUEST FOR BID
SO NO RFB-IS-22201046-1
BID DUE: 06/10/22 12:00:00 PM I Page
5 Vendor warrants that no gratuities (in the form of enteruinmcnl, gifts, or otherwise) were offered or given by Vendor, or any agent or representative of Vendor, to any officer or employee of County with a view toward securing an Award or favorable treatment with respect to any determination concerning the perfomunce of the Award. In !he event of breach oflhis warranty, County will be entitled to pursue the same remedies including. bul not limited 10, termination. against Vendor as it could punuc in the event of Vendor's default.
2.8 CANCELLATION:
Unless otherwise specified herein, County m.:iy cancel all or pan of the Award at no cost :tnd for any rcason by giving written notice to Vendor at least 1hirty (30) calendar days prior 10 scheduled delivery, A eancellation charge not exceeding one percent (1%) of the value of the cancelled portion of the Award may be charged County for cancellation with less than lhiny (30) days prior wriuen notice.
2.9 TERMl:\"ATION FOR CO�VENIENCE:
Any agreement may be tcrmin.:ued. when such action is deemed by County to be in its best intcn:st. Termination will be effected by delivery to Vendor of a notice of termination specifying the extent to which performance of agreement is terminated and the date upon which such termination becomes effective, which must be no less than ten ( lO) days aflcr the notice is sent. After receipt of a notice oftermin:uion, Vendor must submit its termination claim and invoice to County, in the fonn and with any certifications as may be pn:scribcd by County. Such claim and invoice must be submincd promptly, bu1 no later than three months from the effective dale of termination. Upon failure of Vendor to submit its termlnatien claim and invuice within 1hc lime allowed, County may determine on !he basis of information a\"ai!ab!c to County. the amount, if any, due 10 Vendor in respect 10 termination, and such determination will be final. When such determination is made, County will pay Vendor the amount so determined. Vendor must honor orders accepted on or before the effective date of termination.
2.10 TER.\ll�ATION FOR l'.\.IPROPER CONSIDERATIO:X:
2.10.1 2.10.2
County may, by written notice to the Vendor, immedi3tcly terminate the right of the Vendor to proceed under the Award if it is found that consideration, in any form, was offcrcd or gfven by the Vendor, either directly or through an intermediary. 10 any Coun1y officer. employee, or agent with the intent of securing !he Award or securing favorable treatment with respect to the Award, amendment, or extension of the Award or the making of any determinations with respect to the Vendor's performance pursuant to the award. In the event of such tcmtination, the County will be entitled to pursue the same remedies again51 the Vendor as it could pursue in the event of def a uh by the Vendor.
Vendor must immediately repon any allempl by 3 County officer or employee 10 solicit such improper consideration to the Los Angeles County Fraud Hotline at hnps://fraud.lacounty.i;ov/, via email to [email protected], or by phone at (800) 544-6661. Among other items. such improper consideration may take the form of cash. discounts. service, the provision of travel or entertainment, or tangible gifts, or the promise of any of these.
2.11 TERMINATION FOR INSOLVENCY:
2,11,1
2.11.2 County may terminate this Award fonhwith in the event of the occurrence of any of !he following: Insolvency of the Vendor. Vendor will be deemed to be insolvent if it has ceased to pay its debts for at least sixty (60) days in the ordinary course of business or cannot pay its debts as they become due, whC!hcr or not a petition has been filed under the federal Bankruptcy Code and whether or not the Vendor is insolvent within the meaning of the Federal Bankruptcy Code:
The filing of a voluntary or involuntary petition regarding the Vendor under the Federal Bankruptcy Code; the appoinlment of a Reech-er or Trustee for the Vendor; or the execution by the Vendor of a general assignment for the benefit of creditors. The rights and remedies of !he County provided in this Paragraph 2.11 [Termination for Insolvency) will not be exclusive and are in addition to any other rights and remedies provided by law or under this Award.
2.12 TER.\11:\"A TION FOR NO�·ADIIEREt\"CE OF COUNTY LOBBYIST ORDINk"-CE:
Vendor. and each County Lobbyist or County Lobbying firm as defined in County Code Section 2.160.010 retained by the Vendor. must fully comply with !he County's Lobbyist Ordinance, County Code Chapter 2.160. Failure on !he part of the Vendor or any County Lobbyist or County Lobbying finn retained by the Vendor to fully comply with the County's Lobbyist Ordinance will constitute a material breach of this ,\ward, upon which the County may in its sole discretion, immediately tenninate or suspend this Award.
ST AND ARD TERMS & CONDITIONS
LONG BEACH BMW MOTORCYCLES
REQUEST FOR BID
SO NO RFB-IS-22201046-1
BID DUE: 06/10/22 12:00:00 PM I Page
6 2.13 TER'\tli'liA TT01' FOR NO;'<-APPROPRJA TJON OF FUNDS:
Notwithstanding any other provision of this Award, the County will not be obligated for the Vendor's performance hereunder or by any provision of this Award during any of the County's future fiscal years unless and until the County's Board of Supervisors appropriates funds for this Award in the County's Budget for each such future fiscal year. In the event that funds arc not appropriated for this Award. then this Award will terminate as of June 30 of the last fiscal year for which funds were appropriated.
County will notify the Vendor in writing of any such non-allocation offunds at the earliest possible date.
2.14 TERMINATION" FOR DEFAULT:
County may, by written notice 10 the Vendor, terminate the whole or any part of the Award, if, in the judgment of the County:
2.14.1 Vendor has matcnally breached the Award: or
2.14.2 Vendor fails to timely provide and/or satisfactorily perform any task. deliverable. service. or other work required under the A ward; or
2.14.3 Vendor fails to demonstrate a high probability of timely fulfillment of performance requirements, or of any obligations of the Award and in either case, fails 10 demonstrate convincing progress toward a cure within five (5) working days (or such longer period as the County may authorize in writing) after receipt of written notice from the County spcrifying such failure.
2.14.4 In the event that the County terminates the Award in whole or in part as provided in Paragraph 2.14, the County may procure, upon such terms and in such manner as the County may deem appropriate, goods and services similar to those so terminated. Vendor will be liable to the County for any and all excess costs incurred by the County, as determined by the County,
for such similar goods and services. The rights and remedies of the County will not be exclusive and arc in addition to any other rights and remedies provided by law or under the Award.
2.14.5 Except with respect to defaults of any subcontractor, the Vendor will not be liable for any such excess costs of the type identified in Paragraph 2.14.4 if its failure to perform arising out of causes beyond the control and without the fault or negligence of the Vendor. Sucb causes may include. but arc not limited to: acts of God or of the public enemy. acts of the County in either its sovereign or contractual capacity, acts of Federal or State governments in their sovereign capacities, fires, floods, epidemics, quarantine restrictions, strikes, frcii;ht embargoes, and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of the Vendor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Vendor and subcontractor, and without the fault or negligence of either of them, the Vendor will not be liable for any such excess costs for failure 10 perform. unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Vendor to meet the required performance schedule. As used in this paragraph, the term "subcontractor{s)" means subcontractor{s) at any tier.
2.14.6 If, after the County has given notice of termination under the provisions of Paragraph 2.14 it is determined by the County that the Vendor was not in default or that the default was excusable, the nghts and obligations of the parties will be the same as if the notice of termination had been issued pursuant to Paragraph 2.14.5 .The rights and remedies of the County provided in this Paragraph 2.14 will not he exclusive and arc in addition to any other rights and remedies provided by law or under this Award.
2.15 CONFLICT OF Tl'\TEREST:
2.15.1 2.15.2
No County employee whose position with County enables such employee 10 influence an Award, and no spouse or economic dependent of such employee, will be employed in any capacity by Vendor. or have any other direct or indirect financial interest in this Award. No officer or employee of Vendor. who may financially benefit from this Award will in any way participate in County's approval or ongoing evaluation of this purchase.
Vendor must comply with all conflict of interest laws, ordinances and regulations now in effect or hereafter to bc enacted during the term of this Award. Vendor warrants that it is 1101 aware of any facts which create a conflict of interest. If Vendor hereafter becomes aware of any facts which might reasonably be expected to create a conflict of interest. it must immediately make full written disclosure of such facts to County. Full written disclosure must include, but is not limited 10. idcntificacion of all persons implicated and a complete description of all relevant circumstances.
STANDARD TERMS & CONDITIONS
.... ,�� t3EACH BMW MOTORCYCLES
2.16 GOVERi'ilNG L\WAND VENUE:
REQUEST FOR BID
SO NO RfB.JS-22201046-1
BID DUE: 06/10/22 12:00:00 PM
Page
7 This Award will be govcrnc:d by and construed in accord:inc:c: with the: laws of the State of California. Vendor agrees and ccnsenu to the exclusive jurisdiction of the courts of the State of California for all purposes regarding the Award, and further agrees and consents that venue of any action hereunder will be exclusively in the County of Los Angeles, California.
2.17 COMPLIANCE WITH LAWS:
2.17.1 2.17.2
Vendor must comply with all applicable Fedcrol, State, :ind local laws, rules, regulations, ordinances, and directives, and all provisions required 1hcrcby to be included in the Award arc hereby ineorpora1cd herein by reference.
Vendor must indemnify and hold harmless the County from and against all liability, damages, costs, and c:xpc:nS<:s, including, but not limited to, defense costs and attorney fees, arising from or related to any violation on the: part of the Vendor or its employees. agents, or subcontractors of any such laws, rules, regulations, ordioanccs, or directives.
2.18 INDEMNlFICATION:
Vendor must indemnify. defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and vohmreers (''County lndcmnitees") from and against any and all liability, including but not Jimiccd to demands, claims, accions, fees. com and cxpc:nscs (including anomcy and expert witness fees), :irising from :ind/or relating to the Aw:ird, except for such toss or damage arisiog from the sole negligence or willful misconduct of the County lndemnitees.
2.19 INVALIDITI', RE:\1EDIES NOT EXCLUSIVE:
If any provrsion of the Award or the application thereof to any pc:rson or cir(umstancc: is held invalid, the remainder of 1hc Award and the application of such provision to other persons or circumstances will not be affected thereby. The: rights and remedies provided herein will not be excrunve and arc in addition to any other nghts and remedies in law or equity.
2.20 IIAZARDOUS I\IATERIALS:
Vc:ndor warrants rhat n complies with all Federal, State and local laws, rules, ordinances and regulations concerning hazardous materials and toxic substances.
2.21 NO;o;'DISCRl:\11;',ATIO:'\":
By acceptance: of the: Award. Vendor certifies and agrees that all pc:rsons employed by it, its affiliates, subsidiaries, or holding companies arc and will be treated cqcauy by 11 without regard 10 or because of race, religion, ancestry, naiional origin, disability or sex and in compliance with all applicable Federal and State anti-discrimination laws and rcgulahOns. Vendor funhcr ccnifics and agrees that it will deal with its subcontractors, bidders or Vendor withou1 rcg:ird to or because of race. religion. ancestry, national origin. disability or S<:X. Vendor must allow the County access 10 its employment records during the regular business hours to ,·crify compliance with these provisions when so requested by the: County. If the County finds that any of the above provisions have been violated. the same will constitute a material breach of Award upon which the County may detennine to cancel. terminate. or suspend the Aw:i.rd. The partic:s agree: in the evem the Vendor violates any of the anti-discrimination provisions of this Award, the County will, at i1s Klk option, be enlitlcd to the sum of five hundred (SSOO) for each such violation pursuant to California Civil Code Section 1671 35 liquidatcd damages in lieu oftermin:i.ting or suspc:nding this Award.
2.n FORCE MAJEURE:
2.22,1 ;'/either pany will be liable for such party's failure: 10 perform its obligations under and in accordance with this Aw:ird, if such failure arises out of fires, floods, cpidc:mics, quarantine restrictions, ether natural occcrreeces, strikes, lockouts (other than a lockout by such party or any of such party's subcontractors). freight embargoes, or other similar events to those described ebcvc, but in every such case the failure to pc:rform must be totally beyond the control and without any fault or negligence of such party (such events arc refcm:d 10 in this paragraph as "force majeurc c:vcnts").
STANDARD TERMS & CONDITIONS
LONG BEACH BMW MOTORCYCLES
REQUEST FOR BID
SO NO RFB-IS-22201046-1
BID DUE: 06/10/22 12:00:00 PM
Page
8 2.22.2
2.22.3 Notwithstanding the foregoing, a default by a subconlr.lctor of Vendor will not constirute a force majeurc evem. unless such default arises out of causes beyond the control of both Vendor and such subcontractor, and without any fault or negligence of either of them. In such case, Vendor will not be liable for failure to perform. unless the goods or sere ices to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit Vendor to meet the required performance schedule. As used in this subparagraph. the term "subcontractor" and "subcontractors" mean subcontractors at any tier.
In the event Vendor's failure to perform arises out of a force majeurc event, Vendor agrees to use conunercretly reasonable best effons to obtain goods or services from other sources. if applicable. and to otherwise mitigate the damages and reduce the delay caused by such force majeurc event.
2.23 l'\0:-;'-EXCLUSJ\'ITY:
Nothing herein is intended nor must be construed as creating any exclusive arrangemcm with Vendor. The Award will not restrict the Purchasing Agent from acquiring similar, equal or like goods and/or services from other entities or sources.
2.24 MOST FAVORED CUST0;',1ER:
If the Vendor's prices decline or should the Vendor at :my time during the term of this Award provide the same goods or services under similar quantity and delivery conditions to the State of Califcrrua or any county, municipality, or district of the State at prices below those set fonh in this Award, then such lower prices must be immediately extended to the County.
2.25 \V AIYER:
No waiver by the County of any breach of any provision of the Award will constitute a waiver of any other breach or of such provision. Failure of the County to enforce at any time, or from time to time, any provision of the Award must nor be construed as a waiver thereof. The rights and remedies sci forth in ibis provision will not be exclusive and arc in addition to any other rights and remedies provided by law or under the Award.
2.26 ACCEPTANCE:
Unless explicitly stated by County as otherwise. County may conduct, at its location or any other County designated location and at its expense,
an incoming acceptance test on all items purchased hereunder. The acceptance test period must not exceed thiny {30) days from receipt of such item by County. County may, al its sole discretion. reject all or any pan of items or services not conforming to the requirements/specifications stated in the Award.
2.27 AGREEMENT ;,.IQDIFICA TTONS:
The Award and any attachmcms hereto, constitutes the complete and exclusive statement of the parties wbich supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter hereof. The Award must not be modified. supplemented, qualified or interpreted by any prior course of dealing between the panics or by any usage of trade. Only County's Purchasing Agent can make amendments agreed upon by the panics by issuance of an official change notice.
2.28 INDEPENDENT co:,.:TRACTOR ST A TUS:
2.28.1 The Award is by and between the County and the Vendor and is no! intended, and must not be construed, to create the relationship of agent, servant, employee, panncrship, joint venture, or association. as between the County and the Vendor. The employees and agents of one party must not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. Vendor must be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to the Award all compensation and benefits. County will have no liability or responsibility for the payment of any salaries, wages. unemployment benefits, federal, state or local taxes. or other cornpcnsaticn. benefits. or taxes for any personnel provided by or on behalf ofthc Vendor.
Z.28,2 Vendor understands and agrees that all persons performing work pursuant to the Award arc, for purposes of Workers' Compensation liability, solely employees of the Vendor and not employees of the County. The Vendor must be solely liable and responsible for furnishing any and all Workers' Compensation benefits to any person as a result of any injuries arising from or connected wnh any work performed by or on behalf of the Vendor pursuant to the Award.
ST AND ARD TERMS & CONDITIONS
LONG BEACH BMW MOTORCYCLES
REQUEST FOR BID
SO NO : RFB-IS-2220 I 046-1
BID DUE: 06/10/22 12:00:00 PM
Page
9 2.29 CO:-ISIDERATIO/li OF HIRISG GAINIGROW PROGRA'.\1 PARTICIPANTS:
Should the Vendor require additional or replacement personnel after the effective date of this Purchase Order, the Vendor must give consideration for sueh employment openings to participants in the County's Dcpanmcnt of Public Social Services Greater Avenues for Independence (GAIN) Program or Genera! Relief Opponunity for Work (GROW) Program who meet the Vendor's minimum qualificaucns for the open position. For this purpose, consideration will mean that the Vendor will interview qualified candidates.
The County ,,;11 refer GAIN/GROW participants by job category to the Vendor. Vendors must rcpon all job openings with job requirements to: [email protected] and [email protected] and DPSS will refer qunliflcd GAIN/GROW job candidates. In the event that both laid-off County employees and GAIN/GROW panicip:mts arc available for hiring, County employees must be given first priority.
2.JO SAFELY SURRENDERED BABY LAW:
Vendor ad now ledges that the County places a high priority on the implementation of the Safely Surrendered Baby Law. Vendor understands tha1 it is the County's pohcy to encourage all County vendors to voluntarily post the County's "Safely Sum:ndcrcd Baby Law" poster, in a prominent position at the Vendor's place of business. Vendor will also encourage its subcontractors, if any, lo post this poster in a prominent position in the subcomractor's place or business. Information and posters for printing arc available al www.babysafcla.org.
2.31 WARRANTY OJ." ADHERENCE TO COU:-/TY'S CHILD SUPPORT COMPLJA,',CE PROGRAM:
2JI.I
2Jl.2
2.JI.J
Vendor acknowledges that the Counry has established a goal of ensuring that all individuals \lohO benefit financially from an Award arc in compliance, with their coun-ordcrcd child, family and spousal suppon obligations in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers.
As required by the County's Child Suppon Compliance Program (County Code Chapter 2.200) and without limiting the Vendo(s duty under the Award to comply with all applicable provisions of \aw, the Vendor wamuus that it is now in compliance with employment and wage rcponing requirements as required by the Federal Social Security Act (42 USC Section 6S3a) and California U Insurance Code Section JOS8.S, and must implement alt lawfully served Wage and Eaminis wuhholding Orders or Child Suppon Services Depanmcnt Notices of Wage and Earnings Assignment for Child, Family or Spousal suppon. pursuant to Code of Civil Procedure Section 706.031 and Family Code Section S2-16(bJ.
TERMINATION FOR BREACH OF WARRANTY TO MArNTAIN C0'.\1PLIANCE WITH COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM:
failure of Vendor to maintain compliance with the requirements set fonh m the paragraphs under • CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM" will constitute default under the Award. Without limiting the rights and remedies available to County under any other provision of this Award/Purchase Order, failure of Vendor to cure such default within ninety (90) calendar days of written notice will be grounds upon which County may terminate this Award!Purchasc Order pursuant to "VENDOR'S RESPONSIBILITY A1"0 DEBARMENT° and pursue debarment of Vendor, pursuant to County Code, Chapter 2 202.
2.J? PAYROLL RECORDS:
2.32.1 2.32.2
Wherever required. the Vendor must comply with the requirements of Section l 776 of the labor Code. Slate of California, including maintaining payroll records as enumerated in Subdivision (a). Vendor and Vendor's subcontractors will be responsible to main1ain, and make readily available for inspection pwpcscs. a copy of all cenificd payroll records for each work project associated with or obtained by the County under this or any future or successive Award. All cenified payroll records must indicate that the wage rates arc not less than those determined by the State Division, of Industrial Relations, and that the classifications set fonh for each laborer or mechanic conform with the work that he/she performed. Vendor will be responsible for the submission of copies of payrolls for all subcontractors. upon request by the County. arising from and/or relating to any Award formulated as a result of this inquiry.
Ccnificd Payroll must be submitted upon rcquest and must include:
A. Original Document
B. Company Name & Address
C. Account Number/Projcc1 :-lumber
0. Projce1 Name and Address
E. Authorizing County Dcpanmcnt and Purchase Order or Ccmract Number F. Period ofTimc in Which Work is Being Performed
G. EmplO)'CC Name. Address and Social Security Number
11. Work Classifieaiion. lneluding Sub.classification
STANDARD TERMS & CONDITIONS
LONG BEACH BMW MOTORCYCLES
REQUEST FOR BID
SO NO RFB-IS-22201046-l
BID DUE: 06/10/22 12:00:00 PM I
Page
10 I. Hours Paid
J. Rate of Pay
K. Deductions
L. Payroll Check Number
M. Benefits
N. Signature of Employee Authorized to Certify Payroll
2.JJ PREVAILli'.G WAGE SCALE:
2.JJ.I
2.JJ.2
2.JJ.J
2.JJ.,I
Wherever required: Vendor must comply with all provisions of the Labor Code oftbe State of California.
Under the provisions of said Labor Code, the State Department of Industrial Relations wi!l ascertain the prevailing hourly rate in dollars and details pertinent thereto for each craft, classification or type of workers or mechanic needed to execute any Award that may be awarded by the County.
Particulars of the current Prevailing Wage Scale, which arc applicable to the work contemplated under these specifications. are to be maintained in the Department. and must be posted at the project site by the Vendor or his/her subcontractor.
Current prevailing wage rates may be obtained at:
wv.w.d1r.ca.gov/DLSR/PWDIApprcntice.htm
Division of Labor Standards Enforcemeot
455 Golden Gate Avenue. 9th Floor
San Francisco, CA 94102 (415) 703-4810
2.34 RECORDS RETENTION A1'"D AUDIT, FEDERAL OR STATE FUNDED PURCHASES:
Vendor must maintain in good and legible condition all books, documents, papers, and records related to its performance under the Award. Such records must be complete and available to Los Angeles Couniy, the State of California and officials of the Federal Government or its duly authonzcd representatives, during the term of the Av.ard and for a period of :11 least three years following the County's final payment under the Award. unless other matters. such as an audit or litigation. are not closed. All books, documents, papers.
and records related to the Vendor's performance under the Award must be retained in a manner described above unhl all such other matters arc closed, regardless of the duration.
2.35 FEDERAL EARi'-ED !:'I.COME CREDIT:
Vendor must notify its employees. and must require each subcontrac10r to notify its employees. that they may be eligible for the Federal Earned Income Credit under the federal income tax laws. Such notice must be provided in accordance with the requirements set forth in Internal Revenue Service Notice No. l0l5.
2.36 RECYCLED BOND PAPER:
Consistent with the Board of Supervisors" policy to reduce the amount of sohd waste deposited at the County landfills. the Vendor agrees to use recycled-content paper (min 30% post-consumer waste) to the maximum extent possible. 3 INSURAi'.CE COVERAGE REQUIREMENTS
3.1 GEr-;ERAL INSURAi'-CE REQUIRE)tENTS:
Without limiting Vendor's indemnification of County and during the term of any Agreement formulated from this inquiry, Vendor must provide and maintain, the following programs of insurance specified below or in any Agreement formulated from this inquiry.
Such insurance must be primary and not contributing with any other insurance or self-insurance programs, must be maintained at Vendor's own expense,
and must apply with respect to liability arising from or related to Vendor's acts, omissions or operations.
3.2 GENERAL LIABILITY:
Insurance (written on ISO Policy Form CG 00 01 or its equivalent) with limits of not less than the following: General Aggregate:
S2 Million, Products/Completed Operations Aggregate: SI Million, Personal and Advertising Injury: SI Million, Each Occurrence:
Sl Million
3.3 EVIDENCE OF INSURAJ\"CE:
3.3.1 Ccrtificatc(s) of insurance coverage (Certificate) satisfactory to County. and a copy of an Additional Insured cndorscmcn1 confirming County and its Agents (defined below) have been given Insured status under the Vendor's General Liability policy, must be delivered to County at the address shown below, and must be provided prior to commencing services under this Award.
STANDARD TERMS & CONDITIONS
LONG BEACH BMW MOTORCYCLES
REQUEST FOR BID
SO NO RFB-IS-22201046-1
BID DUE: 06/10/22 12:00:00 PM Page
II
J.J.2 Renewal Ccr1ific:ues must be provided to County not less than ten (10) days prior lo Vendo(s policy expiration dales.
The County reserves the right to request complete. certified copies of any required Vendor and/or sub-contractor insurance policies at any time.
J.J.J Certific:11cs must idcnlify all Required Insurance coverage types .md limits specified herein, reference this Award by name or number. and be signed by an authorized representative of the insurer(s). The In.sured party named on the Certificate must match the name of the Vendor identified es the contracting party in this Aw:ird. Cenificatcs must provide the full name of each insurer providing coverage, its NAIC (National Association nf Insurance Comminioners) identification number. its financial rating. the amounts of any policy deductibles or self-insured retentions exceeding fifty thousand doll:irs (SS0,000), and list .my County required endorsement fonns.
J.J.-1 Neither the County's failure to obtain, nor the County's receipt of, or failure to object to a ncn-ccmptying insurance certificate or codorscmcnt, or any other insurance documentation or information provided by the Vendor, its insurance brokcr(s) and/or insurer(s). will be construed as a waiver of any of the Required Insurance provisions.
J,J.S Certificates and copies of any required endorsements must be sent 10:
County of Los Angeles - ISO
1100 N. Eastern Avenue RM #Gl IS
Los Angeles. CA 90063
J.J.6 Vcodor also must promptly rcpon !O County any injury or property damage accident or incident. including any injury to a Vendor's employee occurring on County property. and any !oss, disappearance, destruction. misuse. or theft of County property. monies or securities entrusted to Vendor. Vendor also must promptly notify County of any third party claim or suit filed against Vendor or any of its subcontractors which arises from or relates to this Award and could result in the filing or a claim or lawsuit against Vendor and/or County.
3.-1 AUTOMOBILE LIABILITY:
J.4.1 Automobile Liability insurance (providing scope of coverage equivalent to ISO policy fonn CA 00 01) with limits of not less than SI million for bodily injury and property <Wnage, in combined or equivalent split limits. for each single accident.
J.-1.2 tnscrenee must ecver liability arising out of Vendor's use of autos pursuant to this Award, including owned, leased, hired, and/or non-owned autos. as each may be applicable.
J.S WORKERS CO;\IPENSATIO� A.'-'D EMPLOYERS' LIABILITY:
J.5,1 Insurance providing workers compensation benefits, as required by the Labor Code of the stare of California or by any other state, and for which Vendor is responsible. I( Vcndnr's employees will be engaged in maritime employment. coverage must provide workers compensation benefits as required by the U.S. in all cases, the above insurnnce also must include employers' liability coverage with limits of not less than the following:
Each Accident: SI Million
Disease - Policy Limit: SI Million
Disease - Each Employee: SI Million
J.S.2 The wriuen nodee musl be provided to County al least ten (10) days in advance of canccllaiion for non-payment of premium and thirty (JO) days m advance for .my other cancellation or policy change. If applicable 10 Vendor's operations. coverage also must be arranged to satisfy the requirements of any federal workers or workmen's compensation law or any federal occupational disease law.
3.6 l�SURER FINA�CIAL RA Tll'.GS:
J.6.1 Insurance is to be provided by an insurance company acceptable to the County with an A.M. best roting ofnot less than A:Vll. unless otherwise approved by County.
J.6.2 Notification of incidents, claims or suits: Vendor must report to County:
l Any accident or incident relating 10 services performed under subsequent Agreement which involves injury or property damage which may result m the filini;: of such a claim or lawsuit against Vendor and/or County. Such report must be made in writing within 24 hours of occurrence. 2 Any third pany claim or lawsuit filed agains1 Vendor arising from or related to services performed by Vendor under sub�quent Agreement.
STANDARD TERMS & CONDITIONS
LONG BEACH BMW MOTORCYCLES
REQUEST FOR BID
SO NO RFB-IS-2220 I 046-1
BID DUE: 06/10/22 12:00:00 PM I Page
12 J Any injury 10 a Vendor's employee which occurs on County property. This report must be submitted on a County "Non-Employee Injury Report" to the County Contract Manager. 4 Any Joss, disappearance, dcstroction, misuse, or theft of any kind whatsoever of County property, monies or securities entrusted to Vendor under the terms of subsequent Agn:cmcnt. Compensation for County costs: In the event that Vendor fails to comply with any indemnification or insurance requirements of subsequent Agreement, and such failure to comply results in any costs to County, Vendor must pay full compensation for all costs incurred by County.
3.7 INSURA..'\'CE COVERAGE REQUIRMENTS FOR SUB-CONTRACTORS:
J. 7.1 Vendor must ensure any and all subcontractors p,:rforming services under subscqucnt Agreement by either:
J. 7.Z Vendor providing evidence of insurance covering the activities of subcontractor, or J. 7.J Vendor providing evidence submiucd by subcontr.ictors cvidcndng that subcontractors m:iinuin the required insurance coverage. County reuins the right 10 obuin copies of evidence of subcontractor tesurence coverage at any lime.
J.8 FAILURE TO MAl:-.:TAJ:,.: INSUR,\,'1/CE:
J.8.1 Vendor's failure to maintain or 10 provide ae<:cpublc evidence that it maintains the required insurance will conslitutc a material breach oflhc Award, upon which County immediately may withhold parmcnts due to Vendor, and/or susp,:nd or terminate this Award. County, as its sole discretion, may obuin damages from Vendor resultins from said breach.
J.8.2 Alternatively, the County may, but is not obligated to, purchase the required insurance, and without further notice to Vendor. deduct the premium cost from sums due 10 Vendor or pursue Vendor for reimbursement.
J.8.J Vendor's insurance policies, with respect to any claims related to this Award. must be primary with respect to all other sources of coverage available to Vendor.
4 VENDOR'S RESPO/li"SIBILITY AND DEBAR:'-IENT
4.1 A responsible Vendor is a Vendor who has demonstrated the attribute oftrustworthineu, :is well as quality, fitness, capacity and experience to satisfactorily perform the requirements of the Award. It is the County's policy 10 conduct business only with responsible Vendors.
4.2 Vendor is hereby notified that, in aceord:mcc with Ch:ipter 2.202 of the County Code. if the County acquires information concerning 1hc performance of the Vendor on the Award which indicates that the Vendor is not responsible, the County may. in addition IO other remedies provided in the Award. debar the Vendor from bidding on any County solicitations for a specified period of time as determined by the County, and will terminate any or all existing agreements the Vendor may have with the County.
4.J County may debar a Vendor if the Board of Supervisors finds, in its discretion. th:it the Vendor has done any of the following: {I) violaled any term of the agreement with the County. (2) committed any act or omission which negatively rcnccts on the Vendor's quality. fitness or capacity 10 perform an agreement with the County or any other public cnuty, or engaged in a pattern or practice which negatively reflects on same, (3) comm,tted an act or offense which indicates a lack of business intcgnty or business honesty, or (4) m:ide or submitted :i false cbim asainst the County or any other public entity.
4.4 If there is evidence that the Vendor may be subject to debarment, the Purchasing Agent will notify the Vendor in writing of the evidence that is the basis for the proposed debarment and will advise the Vendor of the scheduled date for debarment hearing before the Contractor lkanng Bo:i.rd.
4.5 The Contr:ictor Hearing Boord will conduct a hearing when: evidence on tbe proposed dcb:mncnt is presented. Vendor and/or lhc Vendor's representative must be given an opponunity to submit evidence al that hearing. After the hearing, the Contr.mor Hearing Board must prepare a proposed decision, which must contain a recommendation regarding whether the Vendor should he debarred, and. if so, the appropriate length of time of debarment. If the Vendor fails to avail itselfofthe opportunity to submit evidence to the Contractor Hearing Board. the Vendor may be deemed to have waived all rights of appeal.
4.6 A record of the hearing, the proposed decision and any other recommendation of the Contractor II caring Board must be presented 10 the Board of Supervisors. The Board of Supervisors will have the riShl to modify. deny, or adopt the proposed decision and rccommcndahon of the Contractor Hcanng Board.
STANDARD TERMS & CONDITIONS
LONG BEACH BMW MOTORCYClES
REQUEST FOR BID
SO NO RFB-IS-22201046-1
BID DUE: 06/10/22 12:00:00 PM I Page
1J
4.7 These terms will also apply to Vendor's scbccntracrcrs.
4.8 A listing of Vendors that are eum:ntly on the D<:barment List for Los Angeks County may be obtained on the following website:
https://doin1,:busincss.laeounty.gov/listing-of-contr:ictors-dcb:irrcd-in-los-angeks-coun1y/
S COUNTI''S PREFERENCE PROGRAMS
5.1 The County of Los Angeles has three preference programs - L<x:al Small Business Enterprise (LSBE), Disabkd Veterans Bus inns Enterprise (DVBE), and Social Enterprise (SE). The Board of Supervisors encourages business participation in the County's Comracting process by constantly continuously streamlining and simplifying our selection process and expanding opportunities for these businesses to compete for County opponunities.
5.2 The Preference Programs (LSBE. DVBE, and SE) require that a business complete certification prior to requesting a preference in a solicitation. To apply for certification as a LSBE, OVBE or SE, contact the Department of Consumer and Business AtTairs at liups://dcba.lacounty .go\·/
5.J Local Small Business Entuprise (Local SBE) Preference Program:
5.3.1 The County of Los Angeles Local Small Business Enterprise Preference Program is a race and gcnder-ncutr:il program designed to enhance purehasing and contracting opportunities for local small businesses within the County of Los Angles. The program priorities were developed to promote and foster tectustveness and economic development. as well as ongoing evaluation to assure all businesses. including local small businesses, arc provided equal opportunilics in County concession. purchasing. and contracting activities.
5.J.2 The LSBE musl provide goods or services that contribute to the fulfillment of the Award requirements by performing a commcreially useful function. A Local SBE is deemed to perform a commercially useful function if the business docs all of the following: l) is responsible for the execution ofa distinct clement of the work of the Award; 2) carries out its obligation by actually performing, managing. or supervising the work involved: 3) performs work that is normal for its business services and functions: 4) is responsible with respect to products, inventories, ma1crials, supplies required for the Award, for negotialing price. determining quality and quamity, ordering, installing if applicable, and making payment; S) is not further subcontr:icling a portion of the work that is greater than that expected to be subcontr:icted by normal industry practices. A Vendor. scbconuactor. or supplier will not be considered to perform a commercially useful function in the Contractor's, scbccmracrcr's, or supplier's role is limited 10 that of an extra participant in a transition, Award, or projccl through which funds arc passed in order to obtain the appearance of a local SBE.
5.3.3 Businesses requesting the LSBE Preference must complete and submit Exhibit 3, Request for Preference Program Considcr:i1ion and Exhibit 4, Commercially Useful Function Ccnification Fonn in Appendix A - Purchasing Required Forms "''ith their bid.
5.3.4 For County solicitations which are not subject to the fcdcr:il restriction on geographical preferences: An LSBE is defined as:l) A business which is certified by !he State of California as :i small business (https:flcalcprocurc.ca.go\·f pagc�sbdvbc-mdcx.aspx) and has had its principal place of busmcss located in Los Angeles Counly for at leas! one year; or 2) :i business cenificd as a small business enterprise with other certifying agencies punu1ml to the Dcputment of Consumer and Business Affair's (DCBA) inclusion policy that: a) has its principal place of businc� located in Los Angeles County, and b) has revenues and employee sraes that meet the State's Department of General Services requirements.
The business must be cenified by the Dcpanmcnt of Consumer and Busincu A IT airs 115 meeting the requirements set fonh above prior to requesting the LSBE Preference in a solicita1ion.
5.3.5 For County solicitations which arc subject to the federal restriction on geographical preferences:
An SBE is defined 115: A business that meets the Iederal small business criteria for the number of employees andlor revenue and maintains an active registration as a small business in the Federal System Award �anagcmcnt (SAM) data base. (h11ps://www.s�m.gov)
5.4 Disabled veteran Business Enterprise (DVBE) Preference Program:
5.4.1 The County of Los Angeles Disabled Veteran Business Enterprise Preference Progr:im is a race and gender-neutral program designed to enhance purchasing and contracting opportunities for disabled veterans within the County of Los Angeles. The program priorities were developed to promote and foster inclusiveness and economic development. as well as ongoing cvalu:uion to 115surc all businesses, including di5abled \"Ctcran business enterprises. arc provided equal opportunities in County conccs.sion, purchasing, and contracting activities.
STANDARD TERMS & CONDITIONS
LONG BEACH BMW MOTORCYCLES
REQUEST FOR BID
SO NO RFB-IS-2220 I 046-1
B!D DUE: 06110/22 12:00:00 PM
Page
14 5.4.2 A DVBE is defined as:
1) A business which is certified by the State of California as a DVBE (https://calcprocurc.ca.govlpages/sbdvbeindex.aspx): or 2) A business which is verified as a Service-Disabled Veteran-Owned Small Busincss(SDVOSB) by the veterans Administration (hltps://www.va.gov/osdbufreri ficationl): or 3) A business certified as DVBE/SDVOSB with other certifying agencies pursuant to the Department of Consumer and Business Affair's ("DCBA") inclusion policy that meets the criteria set forth by the agencies in (I) or (2), above.
5.5 Social Enterprbe {SE) Preference Program:
S.S.! The County of Los Angeles Social Enterprise Preference Program is a race and gender-neutral program designed to establish a purchasing and contracting preference for certified Social Enterprises that provide transitional and permanent employment,
to a Transitional Workforce or provide social, environmental and/or human justice services.
The Social Enterprise Preference Program is designed to promote and foster inclusiveness and economic development. as well as ongoing evaluation \0 assure that all businesses, including Social Emerpriscs arc provided equal opportunities in County concession. purchasing. and contracting activities.
5.5.2 An SE is defined as:
1) A business that qualifies as a Social Enterprise and has been in operation for at least one year {1) providing transitional or permanent employment !O a Transitional Workforce or providing social, environmental and/or human services: and
2) A business certified by the Department of Consumer and Business Affairs (DCBA) as a SE
5.5.3 Further information on Social Enterprises also available on the DCBA at: https://dcba.Jaeounty.gov/ 6 SUBCONTRACTING
6.1 County of Los Angeles provides Small Business Enterprises an equal opportunity to compete for County Awards for commodities and services. Bidders must assist the County in providing these opportunities to Small Business Enterprises by making good eITorts 10 reach out to Small Business Enterprises to compete in County Awards.
6.2 Reporting: The Fmal Report of Subcontracting Form
Upon completion ofan ,\ward, Vendor must submit the Final Report of Subcontracting and Purchases Fonn:
http:/lfik.laCounty.govlSDSlnter/isd/dbw/1057776_Finalrcportofsul:>Comractingform.pdf within fifteen (JS) working days. If the Award is one year or more. the Fm al Report of Subconlr.lctmg and Purchases Fonn must be submiued on a quarterly basis.
6.3 The form must be certified correct and accurate by signature of the bidder or its authorized representative. The Final Report of Subcontracting and Purchases Form must be submitted 10 the Smal! Business Services at:
Department of Consumer and Busmcss Affair.;
Ofliec of Small Business
II all of Records
320 West Temple Street Rm G-10
Los Angeles. CA 90012
OSB@dcba. lacounty .gcv
1 PROHIBITION AGAINST USE OF CHILD LABOR
7.1 Bidder certifies that, if awarded, bidder must:
l Not knowingly sell or supply \0 County any products, goods, supplies, or other persona! property produced or manufactured in violation of child labor standards set by the International Labor Organizations through its 1973 Convcnt,on Concerning Minimum Age for Employment.
2 Upon request. by County, idcmify the country/countries or origin of aoy products, goods, supplies or other personal property bidder sells or supplies to County, and
3 Upon request by County. provide to County the manufacturer's certifications of compliance with all international child labor conventions.
STANDARD TERMS & CONDITIONS
LONG BEACH BMW MOTORCVCLES
REQUEST FOR BID
SO NO RFB-IS-2220\046-1
BID DUE: 06/10/22 12:00:00 PM I Page
15 7.2 Bidder understands and agrees that, if County discovers that any products. goods. supplies or other personal property sold or supplied by bidder to County arc produced in viulanon of any international child labor conventions, bidder must immediately provide an alternative. compliance source of supply.
7.J Bidder funhcr understands and agrees that failure to comply with the foregoing provisions will be grounds for immediate cancellation or termination of the Award and County may Award to an alternative bidder. 8 DATA DESTRUCTION
8.1 Vendor(s) that have maimaincd. processed, or stored the County of Los Angeles· ("County") data and/or information, implied or expressed, have the sole responsibility to ccnify that the data and information have been appropriately destroyed consistent with the Nauonal Institute of Standards and Technology (NIST) Special Publication SP 800-88 titled Guidelines for Media Sanitization.
Available at:
hnps:l/nvlpubs.nist.gov/nistpubs/SpccialPublications/'NIST.SP.800-88rl.pdf
8.2 The data and/or information may be stored on purchased, leased, or rented electronic storage equipment (c g., printers, hard drives) and electronic devices (e.g., servers. \\Orkstations) that arc geographically loc:ncd within the County. or external to the County's boundaries.
8.J County must receive wuhm ten (JO) busmess days, a signed document from Vendor(s) that ccnifics and validates the data and information were placed in one or more of the followmg stored states: unusable, unreadable, and indecipherable.
8.4 Vendor must ccnify that any County data stored on purchased, leased. or rented electronic storage equipment and electronic devices. including, but not limited 10 printers, hard drives. servers, and/or workstations arc destroyed consistent with the current National Institute ofStandafd and Technology (NIST) Special Publication SP-800-88. Guidelines for Media Samtiwtion. Vendor must provide Ccumv with written cenilication, within ten (10) business days of removal of any electronic storage equipment and devices, that validates that any and all County data was destroyed and is unusable, unreadable, and/or undecipherable. 9 DEFAULT :\1ETHOD OF PAYMENT: DIRECT DEPOSIT OR ELECTRONIC FUNDS TRANSFER (EFT)
9.1 County. at its sole discretion, has determined that the most efficient and secure default form of payment for goods and/or services provided under an Award with the County will be Electronic Funds Transfer (EFT) or direct deposit. unless an alternative method of payment is deemed appropriate by the Auditor-Controller (A-C).
9.2 Upon Award or at the request of the A-C and/or the contracting Depanment, Vendor must submit a direct deposit authorization request via the website https:/fdirectdeposit.lacounty.gov/ and Veodor information, and any other infonnation that the A-C determines is reasonably necessary to process the payment and comply w,th all accounting, record keeping, and tax rcponmg requirements.
9.J Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or di reel deposit will supersede this requiremcm with respect to those payments.
9.4 Upon Award or at any time during the duration of the agreement, a Vendor may submit a written request for an exemption to this requirement. The A-C. m consultation with the contracting Dcpartmcnt(s). will decide whether to approve exemption requests. 10 JURY SERVICE PROGRAM
JO.I The prospective agreement is subject to the requirements of the County's Contractor Employee Jury Service Ordinance ("Jury Service Program") (Los Angeles County Code. Chapter 2.203). Prospective Vendors should carefully read the Jury Service Program which is incorporated by reference into and made a part of this solicitation. The Jury Service Program applies to both Vendors and their subcontractors. Bids that fail to comply with the requirements of the Jury Service Program will be considered non-responsive and excluded from funher consideration.
10.2 The Jury Service Program requires Vendors and their subcontractors to have and adhere to a written policy that provides that its employees must receive from the Vendor, on an annual basis, no less than live days of regular pay for actual jury service. This policy may provide that employees deposit any fees received for such JUT)' service with the Vendor or that the Vendor deduct from the employee's regular pay the fees received for jury service. For purposes of the Jury Service program, "employee" means any California resident who is a full-time employee of a Vendor and "full lime" means 40 hours or more worked per week. or a lesser number of hours if; I) the lessor number is a recognized industry standard as detennmed by the County. or 2) the Vendor has a long-standing practice that defines the lesser number of hours as full time. Therefore, the Jury Service Program applies to all of a Vendor's full-time California employees, even those not worl..ing sped lie ally on the County project.
STANDARD TERMS & CONDITIONS
LONG BEACH BMW MOTORCYCLES
REQUEST FOR BID
SO NO RFB-IS-22201046-1
BID DUE: 06/10/22 12:00:00 PM
Page
16 10.J There arc two wa)'S in which a Vendor might not be subject to the Jury Service Program. The first is if the Vendor docs not fall within the Jury Service Program's definition of "Contractor''. The Program defines "Contractor" to mean a person, panncrship, corporation or other entity, which has a Contract with the County or a subcontract with u County Vendor and has received or will receive an aggregate sum of SS0.000 or more in any 12-month period under one or more County Contracts or subcontracts. The second is if the Vendor meets one of the two exceptions to the Jury Service Program. The first exception concerns small businesses and applies to Vendors that have !) ten or fewer employees; and 2) annual gross revenues in the preceding twelve months which, if added to the annual amount of this Contract is less than SS00,000; and J) is not an "affiliate or subsidiary ofa business dominant in its field of operation". The second excepuon applies to Vendors that possess a collective bargaining Agreement that expressly supersedes the provisions of the Jury Service Program Vendor is subject to any provision of the Jury Service Program not expressly superseded by the collective bargaining Agreement.
10.4 It a Vendor docs not fall within the Jury Service Program's definition of"Contractor" or if ii meets any of the exceptions to the Jury Service Program, then the Vendor must so indicate in the Certification Form and Application for Exception and include with its submission all necessary documentation to support the claim such as tax returns or a collective bargaining Agreement, if applicable.
Upon reviewing the Vendor's application, the County will determine, in its sole discretion, whether the Vendor falls within the definition of"Contractor" or meets :my of the exceptions to the Jury Service Program. The County's decision will be final.
I I COMPLIANCE WITH COUNTY POLICY OF EQUITY
Vendor acknowledges that the County takes its commitment to preserving the dignity and professionalism of the workplace very seriously, as sci fon.h in the County Policy of Equity (CPOF.), https:/fccop.lacounty.go\'I, Vendor fun.her acknowledges that the County strives to provide a workplace free from discrimination, harassment, retaliation and inappropriate conduct based on a protected characteristic. and which may violate the CPOE. Vendor, its employees and subcontrae!Ors acknowledge and certify receipt and understanding of the CPOE. Failure of the Vendor, its employees or its subcomractors 10 uphold the County's expectations of a workplace free from harassment and discrimination. including inappropriate conduct based on a protected characteristic. may subject the Vendor to termination of Contractual Agreements as well as civil liability. 12 COMPLIANCE WITH FAIR CHANCE EMPLOYMENT PRACTICES
Vendor must comply with fair chance employment hiring practices set forth io California Government Code Section 12952.
Employment Discrimination: Conviction History. Vendor's violation of this paragraph may constitute a material breach of the Award. In the event of such material breach, County may. in its sole discretion. terminate the Award. 13 ASSIGNMENTS BY VENDOR
13.1 Vendor must notify the County of any pending acquisitions/mergers of its company unless otherwise legally prohibited from doing so. If the Vendor is restricted from legally notifymg the County of pending acquisitions/mergers, then 11 should notify the County of the actual acquisitions/mergers as soon as the law allows and provide 10 the County the legal framework that restricted it from notifying the County prior to the actual acquisitions/mergers.
13.2 Vendor must not assign its rights or delegate its duties under the Agreement. or both whether in whole or in pan., without the prior wriucn consent of County, in its discretion. and any attempted assignment or delegation without such consent will be null and void.
For purposes of this paragraph, County consent will require a written amendment to the Agreement, which is formally approved and executed by the panics. Any payments by County to any approved delegate or assignee on any claim under the Agreement will be deductible, at County's sole discretion. again,t the claims which Vendor may have against County.
13.J Shareholders, partners, members, or other equity holders of Vendor may transfer, sell exchange. assign, or divest themselves ofany interest they may have therein. However, in the event any such sale, transfer, exchange, assignment, or divestment is c!Tcctcd in such a way as 10 give majority control of Vendor to any pcrson(s), corporation, partnership, or legal entity other than the majority controlling interest therein al the time of execution of the Agreement, such disposition is an assignment requiring the prior wriucn consent of County in accordance with applicable provisions of this Agreement.
13.4 Any assumption, assignment, delegation, or takeover of any of the Vendor's duties. responsibilities, obligations, or performance of same by any entity other than the Vendor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without County's express prior written approval, will be a matcnal breach of the Agreement which may result m the tcnmnation of the Agreement. In the event of such tcrmmation. County will be entitled to pursue the same remedies against Vendor as it could pursue in the event of default by Vendor.
STANDARD TERMS & CONDITIONS
LONG BEACH BMW MOTORCYCLES
14 GENERAL AUTHORITY
REQUEST FOR BID
SO NO RFB-IS-22201046-1
BID DUE: 06/10/22 12:00:00 PM
Page
17 14.1 County Purchasing Agent maintains the exclusive authority and responsibility to purchase: and rent all materials, supplies and equipment, furnishings, fixtures and all other personal propcny for use by Departments, districts or agencies of Los Angeles County w ho are governed by the Los Angeles County Board of Supervisors.
14.2 Acquisition of supplies and equipment arc made by the Purchasing Agent pursuant to:
Government Code 25501, ct scq.:
Codified Ordinance of County of Los Angeles. Title 2, Chapter 2.8 ! ; and Sccnon 24 of the County Charter.
14.J With limited exceptions, solicitations conducted under the statutory authority of the Purchasing Agent are price-based with the resultant Award being made to the lowest, responsible bidder that fully meets and complies with all of the specifications and requirements of the solicitation.
14.4 County Purchasing Agent or his/her designcc will be responsible for the review and disposuion of any protest of a bid solicitation conducted under the statutory authority of the County Purchasing Agent. 15 BID PROTESTS
In accordance with County Purchasing Policy 14.13. Bid/Vendor Protest, participant bidders may request a review of any bid specifications at the time of the bid postmg and/or before the dosing date. Additionally. participant bidders may protest any Award within three (3) business days after the "Notice of Intent to Award" is posted on the County's bid website. These protest procedures arc as follows:
JS.I Upon a determination of Award. the Purchasing Agent will post a "Notice of Intent 10 Award" on the County's bid website, and notify all solicitation participants of the intended Award via email.
15.2 Non-selected Vendors will have three (3) business days, from the date the notice is posted, to file a formal bid protest with the Purchasing and Contracts Analyst (Buyer) that conducted the solicitmion.
15.3 Bid protests must be received by the Buyer within the three (3) day period, must be in writing. and include the specific facts, circumstances, reasons and/or basis for the protest. This wnnen notice may be in the form ofa letter, fax or email.
15.4 Once an Award has been executed, the Purchase Agent will not take action on a bid protest; however. a written response will be provided IO the protesting Vendor.
15.S If :i bid protest is appropriately filed (i.e., prior to the Award), the Purchasing Agent may detcy the Award until the mailer is reserved.
15.6 There arc. however. situations where the delay ofan Award may not be m the best interest of the County due to emergency and/or time critical acquisitions such as at the end of the County's lisc:il year. In these instances, the County bas no obligation to delay or otherwise postpone an Award based on a Vendor protest.
15.7 ln all cases, the County Purchasing Agent reserves the right to make an Award when it is determined to be in the bes! interest of the County of Los Angeles to do so.
15.8 Purchasing Agent will respond to all bid protests in a timely manner.
15.9 Purchasing Agent may refer :i protest of a technical nature to the requisitioning County Department for further clarification, and will prepare a letter to the protesting Vendor, advising them of the pending action(s). and when a formal response can be expected.
SPECIAL TERMS & CONDITIONS
LONG BEACH BMW MOTORCYCLES
PURPOSE:
REQUEST FOR BID
SO NO : RFB-IS-22201046-J
BID DUE: 06/10/22 12:00:00 PM I Page
18 THE PURPOSE OF THIS REQUEST FOR BID (RFB) IS TO ACQUIRE A MOTORCYCLE FOR THE COIDffY OF LOS ANGELES.
1.0-- BID SUBMISSION:
BID SUBMISSION MUST BE RECEIVED AT THE INDICATED ADDRESS BY THE BID DUE DATE AND TIME. NO LATE BIOS SHALL BE ACCEPTED.
WHEN RESPONDING. BIDDERS SHALL MAKE SURE TIIAT THEY IIAVE RESPONDED TO ALL ELEMENTS OF THE RFB. INADEQUATE, INCOMPLETE OR OTHERWISE NON-RESPONSIVE BIDS, AS DETERM:JNDED IN THE COUNTY'S SOLE JUDGMENT, MAY RESULT IN DISQUALIFICATION.
THE RFB SHOULD BE READ CAREFULLY. GIVING CONSIDERATION TO ALL THE REQUIREMENTS. ALL DOCUMENTS REQUIRED SHALL BE PROVIDED. ALL INSTRUCTIONS IN THIS RFB, WHICH SET FORTH THE FORM IN WHICH RESPONSES SHOULD BE PRESENTED, SHALL BE CLOSELY FOLLOWED.
THERE WILL BE NO PUBLIC BID READING DUE TO THE COVID-19 DISEASE RESTRJCTIONS. BIO RESULTS WILL BE AVAILABLE UPON THE A \V ARD OF THE SOLICITATION.
2.0-- MINIMUM MANDATORY REQUIREMENTS:
BIDDER MUST MEET THE FOLLOWING MINIYIUM REQUIREMENTS AND SUPPORTING DOCUMENTS MUST BE
SUBMIITED WITH RESPONSE BY SOLICITATION CLOSING DATE
A. BIDDER MUST INCLUDE THE VEHICLE BUILD SHEET LISTING OPTIONSIFEA TURES FOR THE BID MODEL YEAR(OR EQUIVALENT).
B. AT TIME OF BID SUBMISSJO:,.;<, BIDDER MUST HAVE THE LICENSE REQUIREMENT REFERENCE ON SECTION THREE (3).
C. BIDDERS ARE REQUIRED TO FURNISH TIIE SERJAL NUMBER OF YOUR CALIFORNIA SELLERS PERMIT TO ENGAGE IN BUS£NESS AS A SELLER IN CALIFOR.i'\'IA. REFERENCE ON PAGE 2 SECTION
1.9 3.0 -- DEALER LICENSE
EACH BIDDER MUST POSSESS A CURRENT DEALER'S LICENSE (INCLUDING AUTO BROKER'S ENDORSEMENT TO DEALER'S LICENSE. IF APPLICABLE) OR CURRENT AUTO BROKER'S LICENSE AND SHALL SUBMIT SUCH DOCUMENTATION WITH ITS BID. IN ADDITION, EACH BID SUBMITTED BY A,'I
AUTO BROKER SHALL INCLUDE THE DEALER INFORMATION FROM WHICH THE VEHICLE WILL BE PURCIIASED. ALONG WITII A LETTER FROM THE DEALER(ON THE DEALER'S LETTERHEAD) CONFIRMING THAT IT WILL FULFILL ANY AW ARD ISSUED TO THE AUTO BROK.ER IN ITS ENTIRETY
AND WILL BE RESPONSIBLE FOR MEETING ALL OF THE APPLICABLE SOLICITATION REQUIREMENTS
AND SPECIFICATIONS, INCLUDING BUT NOT LIMITED TO THE DELIVERY OF THE VEHICLE(S) TO, AND ACCEPTANCE TIIEREOFBY. THE REQUESTING DEPARTMENT. (State of California Vehicle Code Section 11700)
EACII OF THE BIDDER'S SALES REPRESENTATIVES CONDUCTING THE TRANSACTION SHALL HAVE A CURRENT CA OMV VEHICLE SALESPERSON LICENSE. (California Code, Vehicle Code Section l 1800)
•*DELIVERY••
THE COUNTY OF LOS ANGELES RESERVES THE RJGHT TO REJECT ANY/ALL BIDS FROM A VENDOR ANOfOR SALES REPRESENTATIVE THAT HAS FAILED TO FULFILL EXISTING PURCHASE ORDERS WITHIN THE STATED DELIVERY TIME FRAME. BIDS WILL BE REVIEWED ON A CASE-BY-CASE BASIS AND FINAL A WARD WILL BE MADE BASED ON THE DEPART�ENT'S NEEDS AND IN THE BEST INTEREST OF THE COUNTY.
CASH DISCOUNT PERIODS SHALL BE COMPUTED EITHER FROM TIIE DATE OF DELIVERY AND COUNTYS ACCEPTANCE OF THE VEHICLE WHICH MAY TAKE UP TO 2 WEEKS OR THE DATE OF COUNTYS RECEIPT
SPECIAL TERMS & CONDITIONS
LONG BEACH BMV.' MOTORCYCLES
REQUEST FOR BID
SO NO , RFB-IS-22201046-I
BID DUE: 06/10/22 12:00:00 PM I
Page
19 OF CORRECT AND PROPER INVOICES, WHICHEVER DATE IS LATER . •••••••••••••••••••••••
••ADDITIONAL REQUIREMENTS••
- VENDOR AGREES THAT ANY MANUFACTURER REBATES ANDfOR INCENTIVES APPLICABLE AT THE TIME AN ORDER TS PLACED WILL BE EXTENDED TO THE COUNTY.
4.0 -- LIQUIDATED DAMAGES
ALL TIME LIMITS STATED IN THE PURCHASE ORDER SHALL BE CALENDAR DAYS AND ARE OF THE ESSENCE. SHOULD THE DELIVERY NOT BE COMPLETED ON OR BEFORE THE TIME STIPULATED.
LIQUIDATED DAMAGES WILL BE ASSESSED. THE COUNTY JS ST ATUTORJL Y OBLIGATED TO COMPLY WITH MINIMUM STANDARDS RELATED TO ISSUANCE OF SAID GOODS AND lT TS MUTUALLY
UNDERSTOOD AND AGREED BY AND BETWEEN THE SUCCESSFUL BIDDER AND THE COUNTY THAT A DELA y WILL SERIOUSLY AFFECT COMPLIANCE AND BUS!NESS OPERATIONS RES UL TING IN DAMAGES BEING SUSTAINED BY COUNTY. IT IS ALSO UNDERSTOOD AND AGREED THAT THE NATURE AND AMOUNT OF THE DAMAGES WILL BE EXTREMELY DIFFJCUL T AND IMPRACTICAL TO FIX; THAT THE LIQUIDATED DAMAGES SET FORTH HERErN ARE TIIE NEAREST AND MOST REASONABLE MEASURE OF DAMAGES FOR SUCH DELAY THAT CAN BE FIXED NOW; AND THAT THE LIQUIDATED DA1\1AGES ARE NOT INTENDED AS A PENAL TY OR FORFEITURE FOR THE SUCCESSFUL BIDDER'S BREACH. THE
LIQUIDATED SUMS SPECIFIED REPRESENT A FAIR APPROXIMATION OF THE DAMAGES INCURRED BY
THE COUNTY RESULTING FROM THE SUCCESSFUL BIDDER'S FAILURE TO MEET THE DELIVERY DATE FOR WHICH AN AMOUNT OF LIQUIDATED DAMAGES IS SPECIFIED. THE COUNTY'S RIGHT TO LIQUIDATED DAMAGES SHALL BE rN ADDITION TO AND NOT INSTEAD OF ALL OTHER REMEDIES AVAILABLE TO COUNTY, CONTRACTUALLY. IN LA \V OR rN EQUJTY.
THEREFORE, IF DELIVERY IS DELA YEO IT JS AGREED THAT COUNTY MAY, TN ITS SOLE
DISCRETION, ASSESS AGAINST THE SUCCESSFUL BIDDER LIQUIDATED DAMAGES IN THE AMOUNT OF TWENTY-FIVE DOLLARS (S25.00) PER CALENDAR DAY FOR EACH AND EVERYDAY THAT EXCEEDS THE DELIVERY TIME AGREED UPON SET FORTH IN THE MASTER AGREEMENT.
SHOULD THE SUCCESSFUL BIDDER BE OBSTRUCTED OR DELA YEO IN DELIVERING THE GOODS REQUIRED DUE TO CHANGES IN THE PURCHASE ORDER OR BY ANY DEFAULT. ACT, OR OMISSION OF THE COUNTY, OR BY STRIKES, FIRES. ACTS OF GOD, OR BY THE INABILITY TO OBTAIN
MATERIALS, EQUIPMENT, OR LABOR DUE TO FEDERAL GOVERNMENT RESTRICTIONS ARISING OUT OF
THE DEFENSE OR WAR PROGRAM, THEN THE TIME OF COMPLETION SHALL BE EXTENDED FOR SUCH PERIODS AS MAY BE AGREED UPON BY COUNTY AND THE SUCCESSFUL BIDDER.
IF THERE IS INSUFFICIENT TIME TO GRANT EXTENSIONS PRIOR TO THE DELIVERY DATE SET FORTH IN THE PURCHASE ORDER. THE COUNTY MAY, AT THE TIME OF ACCEPTANCE OF THE GOODS.
WAIVE LIQUIDATED DAMAGES WHICH MAY HA VE ACCRUED FOR FAILURE TO DELIVER ON TIME DUE TO
ANY OF THE ABOVE, AFTER HEARING EVIDENCE AS TO THE REASONS FOR SUCH DELAY AND MAKING A FINDING AS TO TIIE CAUSE OF THE DELAY.
TN THE EVENT THAT THE SUCCESSFUL BIDDER IS ON STRIKE AT THE TIME OF THE AW ARD OF THE BID. THE COUNTY RESERVES THE OPTION TO ACCEPT THE FIRST ACCEPTABLE BID FROM A MANUFACTURERfVENDOR THAT IS NOT ON STRIKE.
NOTE: VEHICLES SHALL BE OF THE MAKE, MODEL, AND MECHANICALLY EQUIPPED AS TESTED & CERTIFIED AS "HIGH SPEED POLICE PACKAGE VEHICLES" ATTIIE LA.SO'S MOST RECENT ANNUAL "LAW ENFORCEMENT VEHICLE TEST & EV ALVA TION PROGRAM".
EQUIPMENT OFFERED MUST BE NEW, UNUSED. CURRENT MODELS.
ONE A WARD WILL BE MADE BASED ON THE LOWEST TOTAL ACCEPT ABLE OFFER.
ST ATE HERE THE MANUFACTURER'S WARRANTY COVERING PRECEDING EQUIPMENT:
�PARTS... "3{p tn0, (ot!)1 COO f""\' ·��
ON LABOR �(_, ,o{'l,Q • CoD, ,HO H\: \�.>
SPECIAL TERMS & CONDITIONS
REQUEST FOR BID
SO NO : RFB-IS-22201046-1
LONG BEACH BMW MOTORCYCLES B!D DUE: 06/10122 12:00:00 PM I Page 20 This solicit:uion IS NOT for :a federally funded purchase. Only Local Small Business Enterprises ccnified by the Office of Small Business ( OSB) are eligible for lhe local SBE Preference.
PRICE SHEET REQUEST FOR BID
SO NO , RFB-IS-2220 I 046-1
LONG BEACH BMW MOTORCYCLES BID DUE: 06/10/22 12:00:00 PM I Page 21 Ll:-.!E COMMODITY I SERVICE DESCRJPTI0:-1 QUA."ffITY UOM UNIT PRICE EXTENDED NO. FROM/TO A�!OU�l
I COMMODITY CODE: 070-12-00.0000000 1.00 EA 2'1 ,7.:,4.1,1 ::2-9' ;;ioll'f.
MOTORCYCLE- 2 WHEEL DRIVE· BLACK &
WHITE. POLICE PACKAGE- PER ATTACHED
SPECIFICATIONS
BMW R 1250 RT-P
••••••••••••••••
BRAND SPECrnC-ALTERNATES WILL BE
REJECTED
••••••••••••••••
UNLESS SPECIFIED ELSEWHERE SHIP TO:
COMM & FLEET MG�1T BUREAU 15757
1104 N. EASTERN AVENUE
DOOR/ISO
LOS ANGELES, CA 90063
ATTN:
COMM AND FLEET MGMT BUREAU
' COMMODITY CODE: 070-12-00-0000000 2.00 EA l---=r� 3.s-0 NEW TIRE TAX FEE (2 TIRES X 1 VEHICLE)
PRICES ARE EXCLUSIVE OF FEDERAL EXCISE
TAX. EXEMPT CERTIFICATE NO. 95 7400 14K
----------····-··-
- --
ll\'TERNAL USE ONLY
REFERENCE:
RQN-Sll-22020911
UNIT BUYER: ABBY AGUILAR
CFMB BUDGET LOG #CC-04
FLEET APPROVAL CODE: 22FLEETOS
FA APPROVAL CODE: 22FX9208\
FUND: ,\01
UNIT: 95781
OBJE< ..I . CODE: 60-19-600 (FIXED ASS En
ACTIVITY CODE: RCCS
FUNCTION CODE: SP-S&U
UNLESS SPECIFIED ELSEWHERE SHIP TO :
COMM & FLEET MGMT BUREAU 15757
1104 N. EASTERN AVENUE
OOOR#SO
LOS ANGELES. CA 90063
AlTN:
COMM AND FLEET MGMT BUREAU
l
APPENDIX A
PURCHASING REQUIRED FORMS
Exhibits
1) Proposer's Organization Questionnaire/Affidavit
2) Proposer's Certification of Compliance
3) Request for Preference Consideration
4) Commercially Useful Function Certification Form
5) Declaration
6) Community Business Enterprise (CBE) Information (Excel Worksheet)" 7) Certification of Compliance (COVID-19 Vaccinations of County Contractor Personnel)
8) Prevailing Wage
Important: Bidders must attach a copy of a complete bid, including all required documentation and attachments, and all Exhibits from Appendix A - Purchasing Required Forms. Bids received that do not include all completed Appendix A forms may be labeled non-responsive as an incomplete submission at County's discretion. • Bidders must submit Exhibit 6 - Community Business Enterprise (CBE) Information form in excel format.
C.,,.t11y o! Loo .v.;.itt
"-""' " • Pu-llng Req,Mecl FDfflll
�.3-11-2022
PURCHASING REQUIRED FORMS - EXHIBIT 1
PROPOSER'S ORGANIZATION QUESTIONNAIRE/AFFIDAVIT
PROPOSER NAME,/ ru,.l t> i,.cvl- BMw •.
�, +:.COUNTY WEBVEN NUMBER, l"'!>(,,<i �'f
ADDRESS2_
\ 2S'" e. 5+'(2..-r;)f, ?'- L.o,i b �, CIJ... C,og-c>eo
TELEPHONE NUMBER,
5 (o2. t{� �. l "2_ CO E\MAIL:1 l
,., I b�i.rc:"""-'
INTERNAL REVENUE SERVICE EMPLOYER IDENTIFICATION NUMBER: CALIFORNIA BUSINESS LICENSE NUMBER:
Select the options that best define If Corporation or Limited Liability Company (LLC):
your firm's business structure: Legal Name (as stated in Articles of Incorporation):
a-- ... �.; .rrs ,:;:;J�uw6 lkwe/f J!!Hlw A!J-A
IICorporatlon
Dlimited Liability Company (LLC) State if Incorporation: CAClimited Partnership Year of Incorporation: 19 "?--?-- 1 CSole Proprietorship
[JNon-Profit If Limited Partnership or a Sole Proprietorship:
[JFranchise Name of proprietor or managing partner:
COther (Specify)
If other: Specify business structure name:
Is your firm doing business under
one or more DBA's? Name: LoJ6 J3im,af 3,1) i,J {llmf)f2L'f_C.U:$ •Yes 0No
Country of Registration: l..£f;:. fl.tt)(:,Cl&';,. I+
Year became OBA: U>O'f
2 Is your firm wholly/majority owned If yes, indicate name of Parent Firm and State of Incorporation. by, or a subsidiary of another firm?
Name of Parent Firm: D Yes• No
3 State of Incorporation or registration of parent firm:
Has your firm done business as If yes, indicate any other names and the year of name change. other names within last five (5)
years? Year(s) of
4 0Yes • No
Name(s): Name Change
+
.
List names of all joint ventures,
partners, subcontractors, or others
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Is your firm involved in any pending If yes, please provide additional information regarding the pending acquisition or mergers? merger.
0Yes • No
6 list all names and telephone
Name�H-.l- numbers of individuals legally
authorized to commit the Proposer. E ����· : ���-�
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PURCHASING REQUIRED FORMS - EXHIBIT 2
CERTIFICATION OF COMPLIANCE
Proposer certifies compliance with all programs, policies, and ordinances specified in exhibits listed below. Proposer further declares under penalty of perjury under the laws of the State of California that information contained in the enclosed exhibits is true, complete and accurate.
TITLE REFERENCE CERTIFICATIONS/EXEMPTIONS
PARTICIPATING Certifies Compliance?
MUNICIPALITIES •Yes []No
1 If No, Identify exemption:
I
At County's sole discretion and option, County may inform other public agencies that they may acquire items listed in this agreement or purchase order. Such acquisition{s) must be at the prices stated herein, and must be subject to Vendor's acceptance.
In no event will County be considered a dealer, remarketer, agent or other representative of Vendor.
Public entity Purchase Orders complete with terms and conditions must be submitted by the public entity. Vendor authorizes County's use of Vendor's name, trademarks and Vendor provided materials in County's presentation and promotions regarding the availability of use for this agreement. County will not be liable or responsible for any obligations, including but not limited to payment for any item ordered by public entities. County makes no representation or guarantee as to any minimum to be purchased by County or public entities.
PRIORITY CLAUSE Unless legally prohibited, Vendor
(DISASTROUS must provide priority to the
EVENTS): County of Los Angeles for the Certifies Compliance? purchase and delivery of all II Yes [] No
agreement items during
If No, Identify exemption: 2 disastrous events, including but not limited to earthquakes, floods,
I I
fires and acts of terrorism to
ensure the County has sufficient
resources needed to sustain its
business functions.
FEDERAL UNIFORM ContractorNendor agrees to
GUIDELINE CLAUSE comply with all applicable Certifies Compliance? provisions of Title 2, Subtitle A, • Yes [] No
Chapter II, PART 200-
3 UNIFORM ADMINISTRATIVE If No, Identify exemption:
REQUIREMENTS, COST
I I
PRINCIPLES, AND AUDIT
REQUIREMENTS FOR
FEDERAL AWARDS contained
in Title 2 C.F.R. s 200 et sea.
ELECTRONIC Download the ELECTRONIC
CATALOG CATALOG file (Microsoft Excel) Certifies Compliance? here II Yes D No 4 hltQ: ://file. lacou nt� .gov!SDS I ntems dfdbw/1058527 Electronic Cata1
og Format.xis
If required by the County,
the awarded Vendor will submit a catalog of its entire product offering in an electronic format.
The submitted electronic catalog must be in the format prescribed in the ELECTRONIC CATALOG file which may be accessed (downloaded) from the link indicated below. Such submission must be within the time frame mutually agreed uoon between the Countv and awarded Vendor.
Coun,y or Lo• i\ng,oleo
Appond<x A· Purellaslnsl ROQU<™I Forms
Rtv. 3·9·2022
TITLE REFERENCE CERTIFICATIONS/EXEMPTIONS
CONTRACTOR'S
ATTESTATION THAT IT Is Contractor/Proposer or any of its staff members NOR ANY OF ITS STAFF currently barred from participation in any Federal or MEMBERS IS State funded health care program??
RESTRICTED. EXCLUDED • No. Contractor or any of its staff members is not 5 OR SUSPENDED FROM currently barred from participation in any Federal or PROVIDING GOODS OR State funded health care program.
SERVICES UNDER ANY
FEDERAL OR STATE D Yes, Contractor or any of its staff members is HEALTH CARE PROGRAM currently barred from participation in any Federal or State funded health care program.
Contractor hereby warrants that neither it nor any of its staff members is restricted, excluded, or suspended from providing goods or services under any health care program funded by the Federal or State Government, directly or indirectly, in whole or in part. and the Contractor will notify the Buyer within thirty (30) calendar days in writing of: 1) any event that would require Contractor or a staff member's mandatory exclusion or suspension from participation in a Federal or State funded health care program; and 2) any exclusionary action taken by any agency of the Federal or State Government against Contractor or one or more staff members barring it or the staff members from participation in a Federal or State funded health care program, whether such bar is direct or indirect, or whether such bar is in whole or in part. Contractor must indemnify and hold County harmless against any and all loss or damage Contractor may suffer arising from any Federal or State exclusion or suspension of Contractor or its staff members from such participation in a Federal or State funded health care program. Failure by Contractor to meet the requirements of this paragraph will constitute a material breach of contract upon which County may immediately terminate or suspend this Agreement. Noncompliance with this policy may result in cancellation and/or termination of the award.
OFF-PEAK (HOURS) - Board Policy 3.025 Certifies Compliance? DELIVERY OF •ves D No
6 COMMODITIES If No, Identify exemption:
(between the hours of
9:00 am and 3:30 pm)
Noncompliance with this policy may result in cancellation of a Purchase Order or termination of Contract and/or Agreement between the County and the awarded Vendor.
Unless otherwise instructed by authorized County Department personnel, vendors will be required to confer with County Departments to schedule. as appropriate, regularly planned trips to County facilities for deliveries and/or pickup of commodities within the designated off-peak periods. County departments co-localed at facilities that are serviced by the same Vendor must make every effort to coordinate off-peak deliveries arid pickups between the Vendor and other County departments at the facility.
SELLER'S PERMIT
Unless otherwise definitely specified, prices bid
SELLERS PERMIT S'3-l\s"' must not include sales or use taxes. Bidders are #S,S'l.£'A' I \.,. - (,, required to provide their California Sellers Permit 7 CERllFIC(TE OF REGISTRATION
Number or their Sellers Certificate of RegistrationUse Tax Number. Failure to provide the required # l ' \C\l:T information will prevent the County of Los Angeles from oavino Sales/Use Tax to "Our comoanv.
CERTIFICATION OF NO
LACC 2.180 Certifies Compliance?
8 CONFLICT OF INTEREST
•ves D No
FAMILIARITY WITH THE
LACC 2.160 Certifies Compliance?
•ves D No
9 COUNTY LOBBYIST
ORDINANCE
CERTIFICATION
CO'.Jn1y ol Los �res
A;>pend..: A • Purohlolng Re,q1><ed Fem,,
Rov. 3-9-2022
TITLE REFERENCE CERTIFICATIONS/EXEMPTIONS
CERTIFICATION OF Proposer certifies that the prices quoted have been INDEPENDENT PRICE arrived at independently without consultation, DETERMINATION AND communication, or agreement with any other ACKNOWLEDGEMENT OF Proposer or competitor for the purpose of restricting SOLICITATION competition.
RESTRICTIONS
Certifies Compliance?
•ves D No
If No, Identify exemption:
I I
10 Proposer acknowledges that it has not participated
as a consultant in the development, preparation, or
selection process associated with this solicitation.
Proposer understands that if it is determined by the
County that the Proposer did participate as a
consultant in this solicitation process, the County
will reject this proposal.
Certifies Compliance?
• Yes D No
If No, Identify exemption:
I I
ZERO TOLERANCE Motion Certifies Compliance?
POLICY ON HUMAN •ves []No 11 TRAFFICKING
CERTIFICATION
Has proven record of GAIN/GROW hiring?
ATIESTATION OF D Yes (subject to verification) •No
12 WILLINGNESS TO Board Polic:t 5.050
CONSIDER GAIN/GROW Willing to provide GAIN/GROW participants PARTICIPANTS access to employee-mentoring program?
• Yes ONo ON/A-program not available
Certifies Compliance?
CERTIFICATION OF 8Yes O No
COMPLIANCE WITH THE LACC 2.206 If No, Identify exemption:
13 COUNTY'S DEF AUL TED
I I
PROPERTY TAX
REDUCTION PROGRAM
Certifies Compliance?
•Yes ONo
CONTRACTOR If No, Identify exemption:
D My business does not meet the definition of
EMPLOYEE JURY
"contractor," as defined in the Program
SERVICE PROGRAM LACC 2.203 14 CERTIFICATION FORM D My business is a small business as defined in the & APPLICATION FOR Program.
EXCEPTION D My business is subject to a Collective Bargaining Agreement (attach agreement) that expressly
provides that it supersedes all provisions of the
Program.
C,,,.nf)' c! lcs ,_.In
A;>pGncll,: A • Purd\allng Reqwed Forms
Row. 3-t-2022
PURCHASING REQUIRED FORMS - EXHIBIT 3
REQUEST FOR PREFERENCE CONSIDERATION
INSTRUCTIONS: Proposers requesting preference consideration must complete and include this form in their proposal. Proposers may request consideration for one or more preference programs. In order to qualify for a preference, firm must be certified by the County of Los Angeles Department of Consumer and Business Affairs (DCBA). Please reference your Certification Letter issued by DCBA to determine Federal/Non-Federal preference eligibility.
I • PREFERENCE NOT REQUESTED
O PREFERENCE REQUESTED {SELECT ALL THAT APPLY)
Preference Program Reference
D Request for Local Small Business Enterprise (LSBE} Program Preference LACC 2.204 OJ Certification for Non-Federally Funded County Solicitations O Certification for Federally Funded County Solicitations D Request for Social Enterprise (SE) Program Preference LACC 2.205 O Certification for Non-Federally Funded County Solicitations D Certification for Federally Funded County Solicitations D Request for Disabled Veterans Business Enterprise (DVBE) Program LACC 2.211 Preference
Note: In no instance will any of the listed preference programs price or scoring be combined with any other County program to exceed fifteen percent (15%) in response to any county solicitation.
Coo.Ill)' cl Los Angele,,
A;lpordll A • l'urdla11119 Reqwecl FOtlllll
__ ).t,.2022
PURCHASING REQUIRED FORMS - EXHIBIT 4
County of Los Angeles
COMMERCIALLY USEFUL FUNCTION CERTIFICATION FORM
.
•
<>'Ji " '.0'1.l\ •
• . .• !;) .
. .
. .
. c,.;;;,;,., ...
INSTRUCTIONS: A Certified Local Small Business (LSBE) requesting a Local Small Business Enterprise preference must complete and return this form with their bid/proposal for proper consideration. This form is required for any certified Local Small Business Enterprise prime that will perform an element of work. (Chapter
2.204 -REV 2018\
VENDOR CONFLICT OF INTEREST: Vendor must comply with all conflict of interest laws, ordinances and regulations now in effect or hereafter to be enacted during the term of this Purchase Order/Contract.
Vendor warrants that it is not aware of any facts which create a conflict of interest. If Vendor hereafter becomes aware of any facts which might rea onably be expected to create a conflict of interest, it must immediately make full written disclosure of such fac to County. Full written disclosure must include, but is not limited to, identification of all persons implicat and a car plete description of all relevant circumstances.
1. BUSINESS INFORMATIO � (B submitting bld/proposaQ
COMPANY NAME:
( \ v VENDOR NUMBER: PERCENT AGE OF
I WORK:
�
\ V\ %
2. COMMERCIALLY U�ERlb FU CTIOKS (CUF)
A Local Small Business Enterp�se is dee ned to �rform a commercially useful function if the business does!!!. the following:
1.lt is responsible for the execution of a distinct element of the work of the contract.
2.lt carries out its contractual obligation by performing, managing, or supervising the work involved.
3.lt performs work that is normal for its business services and functions.
4.lt is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.
S.lt is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.
An LSBE will not be considered to perform a commercially useful function if the contractor's, subcontractor's, or supplier's role is limited to that of an external participant in a transaction, contract, or project through which funds are passed to obtain the appearance of a LSBE.
Please answer the following questions, as they apply to your company for the goods and/or services being solicited. A response of "No" in questions 1-3 or a response of "Yes" in questions 4-5 may result in your bid/proposal not receiving a preference.
1. If awarded a contract, will your business be responsible for the execution of a DI Yes D No distinct element of the resulting work?
2. If awarded a contract, will your business carry out the obligation of the contract b DI Yes D No performing, managing, or supervising the work involved?
3. If awarded a contract, will you perform work that is normal for your business [] Yes D No service and functions?
4. Jf awarded a contract, will your business subcontract a portion of the work DI Yes D No greater than would be expected by normal industry practices?
5. If awarded a contract, will your business role be limited to that of an extra D Yes D No participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of small Business participation?
3. WRITTEN STATEMENT ·-·
In this section, provide a written statement detailing the services, products, or elements of the contract you will fulfill to meet the commercially useful function requirement. Prior to award, the County reserves the right to request clarification of this form. You may attach additional sheets if more space is needed.
Count)' or LC>• �lo•
Al>porwkx ,.. • Purellaoing Roqwod Fomu
Rev 3-9-:Xl22
The signer of this certification must be the business owner or authorized representative in the case of a corporation, limited liability company, or other business entity and as such, hereby certifies under penalty of perjury under the laws of the State of California that all information provided herein is truthful and accurate.
OWNER/AUTHORIZED REPRESENTATIVE TITLE:
SIGNATURE:
PRINTED NAME: DATE:
�ORINTE � u, US�ONLY
COUNTY EMPLOYEE CONFLICT OF INT REST: N C c>uDt'G employee. whose position with the County enables such employee to influence the award of ti Purcf ijrer/Contract, and no spouse or economic dependent of such employee, will be employed in an capaci Vendor, or have any other direct or indirect financial interest in this Purchase Order/Contract. No fficer o oyee of Vendor, who may financially benefit from the award of this Purchase Order/Contract\ wil in an y participate in the County's approval or ongoing evaluation of this Purchase Order/ContraM . \
Did the business fill out this form c�lt ely\ YES a NO a Based on the information provided �t i s forrn'by the business will the business YES a NO a perform a Commercially Useful Functi
Procurement Officer Name: • Title: I Department:
Signature: Date:
Coul'll)' ol lOI A.l,gMs
A:>l>en<li• 11< • PIM<.hasing Roquin,d Forms
Rio,. l-9·2022
PURCHASING REQUIRED FORMS - EXHIBIT 5
DECLARATION
INSTRUCTIONS: Bidder must complete, sign, and date this form. Failure to sign this form may deem your offer as non-responslve.
TO BE COMPLETED BY VENDOR
1. SOLICITATION#: RFB-1::>- 22-2.01 04 (,,-- I
2. DELIVERY WILL BE MADE IN 12io (NUMBER OF DAYS) AFTER RECEIPT OF ORDER.
3. CASH DISCOUNT 0 % 0 DAYS.
CASH DISCOUNT OF LESS THAN 30 DAYS OR 25" PROX. WILL BE CONSIDERED AS NET IN EVALUATING THIS BID.
4. PROVIDE VENDOR EMAIL FOR COUNTY BID INQUIRIES AND AWARD DOCUMENTS:
cl;;:,e.r+\,,s. � I?_ \.le,��C.--tt:. \.g_ '::, - Ccl,1-<\ DECLARATION: BY SIGNING BELOW, THE REPRESENTATIVE EXECUTING THIS
DECLARATION ON BEHALF OF BIDDER WARRANTS THAT HEISHE IS AUTHORIZED TO
EXECUTE THIS AGREEMENT ON BEHALF OF BIDDER AND THAT BIDDER WILL BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. THE REPRESENTATIVE
ALSO DECLARES UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE INFORMATION SUBMIITED IN THE ENCLOSED EXHIBITS (EXHIBITS 1·5) IS TRUE AND CORRECT.
Coufll)' ol lo, A/19tllol
A;,oonOlll A, Purdi.,ing ROl)IJit9cl Forms
-.J.-9-2022
TIT..:.. M
TITLE
1 FIRM/ORGANIZATION
INFORMATION
REQUIRED FORI
COMMUNITY BUSINESS ENTEi
REFERENCE
The information requested below is for statistical
purposes only. On final analysis and consideration of
award, contractor/vendor will be selected without regard to race/ethnicity, color, religion, sex, national origin, age, sexual orientation or disability.
Total Number of Employees in California:
Total Number of Employees (including owners):
20 20
Race/Ethnic Composition of Firm. Enter the make-up of Owners/Partners!Associate Partners into the following categories:
:'.!ililiii���!��"�:;,'.",,;;'"�:;;;"',";,: ;"!ii,i'"' i ,rl!"'iL!i1",",i]"l,l�i;:=;:;"i_!"it "" ..
::::::r'. i::c�1::::�;::: !;"'t\'." "' ,:;o:,=;ti"1it,l; =!11:tc:rii"iii'":i:::";"'.�:c! �:'"r:t';)""�� �� ::"":�::":'"t:�:m"::?;:":"�;/"' =; "' ; Black/African American
Hispanicll.atino
Asian or Pacific Islander
American Indian
Fiiipino
White
Male Female Male Female
% %
50.00% %
% %
% %
% %
50.00% %
\/IS - EXHIBIT 6
RPRISE (CBE) INFORMATION
TITLE
2 CERTIFICATION AS MINORITY,
WOMEN, DISADVANTAGED,
DISABLED VETERAN, AND
LESBIAN, GAY, BISEXUAL,
TRANSGENDER,QUEER,AND
QUESTIONING-OWNED (LGBTQQ)
BUSINESS ENTERPRISE
REFERENCE
If your firm is currently certified as a minority,
women, disadvantaged, disabled veteran or
lesbian, gay, bisexual, transgender, queer, and
questioning-owned business enterprise by a
public agency, complete the following.
a Check if not applicable
PURCHASING REQUIRED FORMS - EXHIBIT 7
_D_check if not applicable
COVID-19 VACCINATIONS OF COUNTY CONTRACTOR PERSONNEL:
Bidders are advised that it must comply with Chapter 2.212 (COVID-19 Vaccinations of County Contractor Personnel) of County Code Title 2 - Administration, Division 4 as a condition of performing work under any awarded contract resulting from this solicitation. Bidders are advised to review the requirements of Chapter 2.212 (COVID-19 Vaccinations of County Contractor Personnel) prior to submitting a bid to this solicitation. A completed Exhibit 7 Certification of Compliance (COVID-19 Vaccinations of County Contractor Personnel) is a required part of any award with the County and must be returned with your bid. Failure to submit this Certification of Compliance may be cause to disqualify your bid.
Counl)I of l"' �\es
AwondtxA - P"rcna,;,,,g RO®iro<:I Fo>m1s
Rov 3-Q-:1'022
PURCHASING REQUIRED FORMS - EXHIBIT 7
CONTRACTOR CERTIFICATION NOTIFICATION & ACKNOWLDEGEMENT Certification of Compliance
Urgency Ordinance, County Code Title 2 -Administration, Division 4- Miscellaneous - Chapter 2.212
(Covid-19 Vaccinations of County Contractor Personnel)
. on behalf ofL(,,6�e,.,c,1141/c..(the
"Contractor". certify that on County Contract Rffi-::C_5-'2.2.2-c:> I 0'-1 (o - I [ENTER CONTRACT NUMBER AND NAME]:
_D_A11 Contractor Personnel on this Contract are fully vaccinated as required by the Ordinance.
_fl_Most Contractor Personnel on this Contract are fully vaccinated as required by the Ordinance. The Contractor or its employer of record, has granted a valid medical or religious exemption to the below identified Contractor Personnel. Contractor will certify weekly that the following unvaccinated Contractor Personnel have tested negative within 72 hours or starting their work week under the County Contract, unless the contracting County department requires otherwise. The Contractor Personnel who have been granted a valid medical or religious exemption are [LIST ALL CONTRACTOR PERSONNEL]:
I have thorlty o bin th ont actor and have reviewed the requirements above and furt r certify t t I w I mply w h said requirements.
OATE, (o
Coon!)' or Les Ar>Qellls
A;>pc,n<1,, A· Purch.11,ng Roqu.ro<l Form,
Rov 3-9·2022
Solicitation No. 'R:f"B - .::C:S - 222.cD I c:,<..((c- I PURCHASING REQUIRED FORMS - EXHIBIT 8
n Check if not applicable
A. Prevailing Wages
Vendor, its agents, and employees will be bound by and must comply with all applicable provisions of the California Labor Code as well as all other applicable Federal. State, and local laws related to labor including compliance with prevailing wage laws. The services provided in an awarded contract may consist of both prevailing wage and non-prevailing wage work. Prevailing wage work constitutes "public works" as defined in the Labor Code, and is therefore subject to payment of prevailing wages, compliance monitoring and enforcement by the Department of Industrial Relations (DIR).
Vendor must comply with the provisions of Section 1775 of the Labor Code relating to the payment of prevailing wages, including the assessment of penalties determined by the California Labor Commissioner. The Director of the DIR has established the general prevailing rate of per diem wages for each craft, classification, type of worker, or mechanic needed to execute public works and improvements. The current general prevailing wage rates are on file with the DIR and available at https:J/www.dir.ca.gov/OPRL/ DPreWageDetermination.htm. Vendor is required to pay its agents and employees the applicable, current prevailing wage rate, is responsible for selecting the classification of workers required to perform this service and will indemnify the County for any claims resulting from their failure to so comply. Vendor must comply with Section 1777.5 of the Labor Code, with respect to the employment of apprentices.
B. Work Records
Vendor must comply with the requirements of Section 1812 of the Labor Code. Vendor must maintain an accurate written record of all employees working on the project each calendar day. The record must include each employee's name, Social Security number, job classification, and the actual number of hours worked.
C. Posting of Prevailing Wage Rates
Vendor must comply with the provisions of Section 1773.2 of the Labor Code. Vendor must post a copy of the prevailing wage rates at the worksite and comply with applicable law including posting of jobsite notices required by 8 Calif. Code Reg. §16451(d):
"This public works project is subject to monitoring and investigative activities by the Compliance Monitoring Unit (CMU) of the Division of Labor Standards Enforcement, Department of Industrial Relations, State of California. This Notice is intended to provide information to all workers employed in the execution of the Contract for public work and to all Vendors and other persons having access to the jobsite to enable the CMU to ensure compliance with and enforcement of prevailing wage laws on public works projects.
County o! Lot Ar.;IIH
Appanoioi A. • P�rd>&•in!I Required fMM
R...,.3-9.2022.
The prevailing wage laws require that all workers be paid at least the minimum hourly wage as determined by the Director of Industrial Relations for the specific classification (or type of work) performed by workers on the project. These rates are listed on a separate jobsite posting of minimum prevailing rates required to be maintained by the public entity which awarded the public works Contract. Complaints concerning nonpayment of the required minimum wage rates to workers on this project may be fifed with the CMU at any office of the Division of Labor Standards Enforcement (DLSE).
Local Office Telephone Number:
Division of Labor Standards Enforcement Office
320 W. Fourth Street, Suite 450
Los Angeles, CA 90013
(213) 620-6330
Complaints should be filed in writing immediately upon discovery of any violations of the prevailing wage laws due to the short period of time following the completion of the project that the CMU may take legal action against those responsible.
Complaints should contain details about the violations alleged (for example, wrong rate paid, not all hours paid, overtime rate not paid for hours worked in excess of 8 hours per day or 40 hours per week, etc.) as well as the name of the employer, the public entity which awarded the public works Contract, and the location and name of the project.
For general information concerning the prevailing wage laws and how to file a complaint concerning any violation of these prevailing wage laws, you may contact any DLSE office.
Complaint forms are also available at the Department of Industrial Relations website found at https:llwww.dir.ca.gov/dlselhowtofilepwcomplaint.htm" D. Certified Payroll Records
Vendor must comply with the requirements of Section 1776 of the Labor Code. Vendor and Subcontractors, if any, must furnish certified payroll records directly to the Labor Commissioner (a.k.a. Division of Labor Standards Enforcement) in a format prescribed by the Labor Commission.
E. Subcontractor
Subcontractors, if any, must comply with all prevailing wage requirements as provided in this Section.
C.....nry o! Los Ang,olH
Ap.,.,,,11, A• Pufd\11lng Roqu....i Forrn1
"""· :1-9-2022
Solicitation No.R,=:J3- rs-2220 \ o'-l<o- I
F. Contractor Registration
Proposer and its subcontractor(s), if any, must submit proof of a valid and active State of California Department of Industrial Relations Public Works Contractor Registration pursuant to Labor Code 1725.5. Pending registrations will not be accepted.
D Yes. Proposer and its Subcontractor(s) if any, does meet the registration requirement stated above. (Complete the chart below. Use additional sheet if necessary.)
Valid/Active Subcontractor?
Registration Name
Registration Dates (If yes, please provide name of
Number (Mo./Year to Subcontractor on the line
Mo./Yearl orovided.l
�v Fr:'!? Oves 0No
n l} � II/>(
'. tfi:
' "("'v From: o- 0No (X tt)� To:
..
�e)
.. i\�\Vc
From:
Oves 0No
To:
\J v
From:
tr- 0No
To:
From: Oves 0No
To:
D No. Proposer and its Subcontractor(s} if any, does not meet the registration requirement as stated above. Checking this box will render your proposal nonresponsive and subject to disqualification.
C<x,n1y or loo -"'iei.s
Append<0 A· PureN1illg Requ- Forma
R...-.J.g.2022
Solicitation No.12, i=- i3, - ..l='. '> - 2 2-"2 0\ o'--lC., - I G. Prevailing Wage Rate Classification
Vendor is required to pay its agents and employees the applicable, current prevailing wage rate and is responsible for selecting the classification of workers required to perform this service. (Complete the chart below. Use additional sheet if necessary.) Craft ination Issue Date
Proposer declares under penalty of perjury that the information stated above is true and accurate. Proposer further acknowledges that if any false, misleading, incomplete, or deceptively unresponsive statements in connection with this proposal are made, the proposal may be rejected at the sole discretion of the County.
Proposer:1.-o.t6 �"'&vi
Authorized Representative (PRINT :
p.se-c..e:< :?,. e(3--r"4+,<_
Co,;r,1)1 or Le, NIO'l\ei
Appendil: A • �olng R9<1u""' Fom,o
R ... 3-�2022
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NC USED
MC NEW
BROKER
TRLNEW I
l.Jc, No. 06066
VEHICL7DE E�ER () r: �
... ' ........
.
/
, ' E•f':atlot\Oal&;_ JAN31,2023
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This license is vano !or the period indicatediabove. This license &hall be si\ned and displayed in the office at the address shown below. pursuant tb the Cal!lomia Vehicle Code,'.1 ·, I-.. .
ISSUED LONG BEACH BMW M.O'J'ORCYCLES ' I . TO 2125 E SPRING STREET' ' VALID LONG BEACH CA .90806
ONLY AT \
'
Cate lssueo FEB I, 2021
A Pubhc Service Aget1t;y
1496702
•' I 1 / ) ,1 \ ,·
License must be renewed prior to expiration dat8 p'urs�antio California Vehl Code Sections 11105, 11105.6, 11204. 11410, 11508, 11620 or 11717.
FOAM CONTROL NO
�
OCCUPATIONAL LICENSE
o.5924606
NOT TO BE
USED FOR
IDEtmFICATlOH
PURPOSES
SALESPERSON
LICENSE ;
LHBERTHON
FH CHARLES JEAN
"" 03/23/2025
CALIFORNIA
LOS ANGELES COUNTY SHERIFF'S
DEPARTMENT MOTORCYCLE
SPECIFICATION SHEET
BRAND SPECIFIC-ALTERNATE OFFERS WILL BE REJECTED
MOTORCYCLE TYPE 2 WHEELED, BLACK AND WHITE, POLICE
PACKAGE, FACTORY DEVELOPED AUTHORITY
MOTORCYCLE **BMW BRAND ONLY**
BUDGET PERIOD FY 21/22
REQUISITION NO. RQN-SH-22020911
QUOTATION NO. RFB-ls'-22201046-1
SPEC'S PREPARED BY I c ... ...,..,�,3- .... -
TELEPHONE NO. 51o"2' '-1:"2 (,, ' \ """2-.<:> 0
END USER, (DEPT. UNIT) I Norwalk Station
REPRESENTATIVE
APPROVED BY
(FLEET MANAGER)
VENDOR NAME n..lfu " tt �>-1,1.W IM..C�f2C'-{ClPS
VENDOR ADDRESS rz \ "25" €"- c;,?12.:r.cv 6 s-r: (..•.J6 6e,ft;.IJ.., t:,4.. c VENDOR PHONE# 5!.:,"2 · 42<.o. ,
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VENDOR
/ ....... /,t l,!:'S �e-<L -.-t-4.-c> ,J REPRESENTATIVE
SPECIAL INSTRUCTIONS
The successful vendor must guarantee the per-unit bid pricc(s) for a period of twenty-four (24) months from the date of the awarded bid. The successful vendor shall allow the same price(s) to any additional participating agency that requests. Bid pricc(s) must be guaranteed for the current model year or newer.
The successful vendor after the bid is awarded must send a confirmation number/notice to the Los Angeles County Sheriffs Department representative(s): Rochelle Kidd- (RI [email protected])!Stephen Adebanjo ([email protected]) and George Ramirez at (323) 226-3017 ext. 3016.
The delivery date of the completed unit(s) I motorcycle(s), may not exceed 180 days from the date the bid is awarded.
WARRANTY
I. Motorcycles including factory installed components must come with standard manufacturer warranty.
2. Motorcycle including factory installed emergency components warranty work will be performed at a dealership in the area in which the motorcycle is assigned.
Factory installed accessories must not infringe on motorcycle's warranty.
3. To insure the Department is afforded the maximum warranty time period for each motorcycle put into service, the bid awarded Dealer must allow and coordinate with the Los Angeles County Sheriffs Department Fleet Manager, an "as needed or requested" staggered delivery schedule of completed motorcycles.
4. Use of other than original equipment parts will not void warranty.
5. Warranty card to be delivered to Sheriffs Fleet Management Unit.
6. All motorcycle components substituted or changed after bid is awarded, and any component deviations initiated at the discretion of motorcycle manufacturer and/or dealer, must be warranted by the manufacturer for parts replacement and parts installation.
WARRANTY PERIOD WILL START ON THE DAY THAT THE VEHICLE IS
PUT INTO SERVICE BY THE LOS ANGELES COUNTY SHERIFF'S
DEPARTMENT, NOT THE DATE OF VEHICLE DELJVERY. DELAYED
WARRANTY START NOT TO BE LESS THAN EIGHTEEN MONTHS.
EMISSION STANDARDS
I. Motorcycle must comply with all Federal Emission Standards on crankcase, exhaust, and applicable California State laws on crankcase and fuel emissions.
2. Motorcycle shall comply with all applicable California Vehicle Code (CVC), Code of Federal Regulations, Title 49, "Federal Motor Vehicle Safety Standard (FMVSS) and California Code of Regulations, Title 13, "Motor Vehicle" rules and regulations.
3. Motorcycles shall also comply with all applicable Society of Automotive Engineers standards and Health and Safety Code, (distance of radio equipment from the operator's head, etc.) regulations. In addition, all motorcycles shall comply with all other Federal and State rules, regulations and safety standards applicable to the vehicle type in effect on the date of the opening of the invitation for bid.
GENERAL SPECIFICATIONS AND STANDARDS
I. All equipment furnished will be subject to the approval of the Purchasing Agent, Director of Internal Services Department and the using Department.
2. The frame, body, finish, and fittings shall be the latest model. They shall be new and not have been used in demonstrator or other service, and shall be factory standard in all respects and not in conflict with any specification requirements.
3. All standard equipment is to be included on the motorcycle as listed in the current model year brochure.
4. Trade names mentioned in these specifications are not restrictive and arc given only to indicate the type of components which will be acceptable. When furnishing other than these trade name items, they must be of equal or better quality, must be indicated in bidder's proposal, and must be approved by the Los Angeles County Sheriff's Department's Fleet Manager.
5. All deviation(s) or component change(s) after the bid has been awarded must first be proceeded by notification to the Sheriffs Department Fleet Management Unit and acceptance/approval must be granted by the Sheriffs Depanmcnt's Fleet Manager or his/her designated representative.
6. Two (2) copies of the Maintenance Service Manual and Two (2) copies of the electrical wiring diagram manuals must be furnished for each unit delivered, by the successful bidder(s) within 45 days of the receipt of the Purchase Order or payment will be delayed. In addition, one (I) copy for each unit, of any/all Technical Bulletins pertaining to selected motorcycle shall be provided in a timely manner.
7. Bidders shall submit detailed literature of the motorcycle they propose to furnish.
8. Bidders shall submit detailed literature of the communication equipment installation.
9. Failure to submit this information is sufficient cause for rejection of bid.
10. Dealer shall furnish Dealer's Bill and of Sale in the name of:
Los Angeles County Sheriff's Department
1277 North Eastern Avenue
Los Angeles, California 90063.
11. Successful bidder shall provide within fifteen ( 15) days verification of dealer order. Verification is to be forwarded to the Sheriffs Department Fleet Manager.
12. Dealer shall furnish a list of all specialized tools and equipment needed for the repair of the motorcycle and/or any related components.
DELIVERY
I. The motorcycles delivered to the Los Angeles County Sheriff's Department by the successful bidder will be identical in every detail with communication equipment already installed.
2. The communication equipment installed shall be the latest model. They shall be new and not have been used in demonstrator or other service, and shall be factory standard in all respects and not in conflict with any specification requirements.
3. Trade names mentioned in these plans and specifications are not restrictive and are given only to indicate the type of material which will be acceptable. When furnishing other than these trade name items, they must be of equal or better quality, must be indicated in bidder's proposal, and must be approved by the Los Angeles County Sheriff's Department Fleet Manager.
3. Motorcycles will have the dealer preparation service work, normally performed by the dealer, completed before delivery.
4. Dealer preparation shall include the removal of all stickers, transport papers, etc., that are adhered to any portion of all motorcycles. Motorcycles shall not be delivered with any type of license plate frame or placard identifying the dealer's name.
5. The initial delivery date of the completed motorcycles may not exceed 45 days from the date the bid is awarded. All follow-up staggered delivery dates shall not exceed 30 days. Communication equipment installation will not infringe on the delivery date.
6. Prior to delivery acceptance, any vendor/dealer located outside the State of California must have previously paid all applicable State of California and/or Los Angeles County sales tax(s). Documentation "proof of payment" must be supplied at time of delivery.
7. Dealer to furnish invoice at time of delivery for each motorcycle received.
8. Motorcycles, upon delivery, will be ready for service.
9. Motorcycles will be delivered with a full tank of fuel.
LIQU!DA TED DAMAGES
All time limits stated in the Purchase Order are critical and mandatory. Should the delivery not be completed on or before the time stipulated, it is mutually agreed by and between the successful bidder and the Los Angeles County Sheriffs Department that:
A delay in delivery would seriously affect the public and the operation of the Los Angeles County; that a reduction in the unit price of twenty-five dollars ($25) per calendar day for each and every day for each unit which exceeds the delivery time set forth in the Purchase Order is the nearest measure of damages for each delay that can be fixed at this time, therefore, the County and the successful bidder hereby establish said reduction in the unit price of twenty-five dollars ($25) per calendar day for each and every day of delay for each unit as liquidated damages and not as a penalty or forfeiture for the breach of agreement to complete delivery by the successful bidder on or before the time specified in the Purchase Order.
Liquidated damages shall not apply to time elapsing between date of delivery and date of notification to the successful bidder or rejection of sub-specification material. The above conditions may be invoked if deliveries exceed the specified time or if replacement of material not meeting specifications exceed the specified time.
Should the successful bidder be obstructed or delayed in the work required to be done herewith by changes in the work or by default, act, or omission of the Sheriff's Department, or by strikes, fires, acts of God, or by the inability to obtain materials, equipment or labor due to Federal Government restrictions arising out of the defense or war program, then the time of completion shall be extended for such periods as may be agreed upon by the Sheriffs Department and the successful bidder.
If there is insufficient time to grant such extensions prior to completion date of the contract, the Sheriffs Department may, at the time of acceptance of the work, waive liquidated damages which may have accrued for failure to complete the work on time, due to any of the above, after hearing evidence as to the reasons for such delay and making a finding as to the cause of same.
In the event that the successful bidder is on strike at the time of the award of the bid, the Sheriffs Department reserves the optionacceo pt the first acceptable bid from a manufacturer that is not on strike. I (
BIDDER MUST INITIAL AND DATE {J;, Q. -Z""2..-
GENERAL:
It is the intent of this specification to describe a police motorcycle to be used for high speed highway traffic and law enforcement work. The motor cycle will at time be operated at speeds above I 00 mph for both short and long distances at ambient temperatures ranging from 20°F to 120°F. It will be driven on all types of roads and road surfaces and shall possess outstanding handling characteristics, maneuverability, and stability.
It is intended that the manufacturer in the selection of components will use materials and design practices that are the best available in the industry for the type of operating conditions to which the motorcycle will be subjected. Frame, engine, transmission, drive train, brake, suspension, wheel, tire, and other component parts of the motorcycle shall be selected to give maximum performance, service life and safety and not merely meet the minimum requirements of this specification.
The term "heavy duty" as used in this specification shall mean that the item to which the term is applied shall exceed the usual quantity, quality, or capacity supplied with standard production motorcycles; and it shall be able to withstand unusual strain, exposure, temperature, wear and use.
Motorcycles offered in compliance with this specification must be manufacturer's police models.
Police accessories must be engineered and designed, or certified, by the manufacturer of the motorcycle to be compatible with all other components, give dependable service and not degrade its handling characteristics or appearance.
BIDDER INSTRUCTIONS
Bidders will use box provided at left margin. A check mark therein will be considered by the Sheriffs Department as indication that bidders are meeting or exceeding that portion of the specification. Any deviations of specifications are to be noted by the bidder to right or specification form 1111der Bidder's Exceptions. Any equivalent substitution of specified items or parts, are subject to evaluation to the degree to which equipment offered will match the conditions and/or interact with existing equipment to maintain overall effectiveness.
Determination of equivalent substitution shall be at the sole discretion of the Sheriff's Fleet Manager, and the Sheriff's Department reserves the right whether to accept or reject the substitution.
CHASSIS
j INTENT:
[ ] To purchase BMW Rl250 RT-P. The Department motorcycle patrol fleet consists of I 00 percent BMW motorcycles. The motorcycle deputies were trained on BMW motorcycles and are required to qualify quarterly as a proficient rider. Therefore, we intended to purchase 2 wheeled, black and white, police package, and factory developed authority motorcycles. It shall be of the make, model and mechanically equipped as tested and certified as Police Package Motorcycles during the Los Angeles County Sheriff Department's most recent annual "Law Enforcement Motorcycle Test and Evaluation Program" and shall be current model year or newer. The motorcycle must conform to the following features and specifications.
BMW R!250 RT-P
Carbon steel tubing, designed and constructed to enhance stability and handling characteristics with law enforcement equipment installed.
Hydraulic front forks, designed to permit the shortest possible turning radius. [J Swing-arm rear suspension.
Frame, forks, springs, and shock absorbers shall be adequate to handle the weight of the motorcycle, saddlebags, rider and all related police equipment and radio gear.
BIDDERS EXCEPTIONS
SPECIFICATIONS-2 WHEELED, BLACK AND WHITE, POLICE PACKAGE
FACTORY DEVELOPED AUTHORITY MOTORCYCLE
CHASSIS (continued)
The minimum load carrying capacity of the motorcycle (as delivered) shall be no less than 400 pounds (GVWR minus unladen weight prior to installation of any Los Angeles County Sheriff's Department specific equipment).
Layout
[ Shaft driven rear wheel drive.
BIDDERS EXCEPTIONS
Rake: Approx. 26.5°.
Trail: Approx. 3.92"
Wheel base
[ Approximately 58.5 inches.
[ls{
[ l
Suspension
Electronic controlled suspension.
Front forks to be hydraulic design.
pressure adjustable.
Fork pre-load shall not be gas
[
Special front shock strut police application, with 4. 7 inches of travel.
Rear shall be swing arm, with integral coil springs and ydraulic/gas shock absorber(s). Special travel-dependent damping system, with 5.4 inches of travel.
Rear shock absorber(s) shall have provision for adjustment to accommodate rider's height and weight
SPECIFICATIONS -2 WHEELED, BLACK AND WHITE, POLICE PACKAGE
FACTORY DEVELOPED AUTHORITY MOTORCYCLE
[
[
i
CHASSIS (Cont'd)
Handlebars
Handlebars shall be constructed ofan aluminum alloy.
The handlebars shall be positioned such as to allow the operator to sit in an upright, in a comfortable vertical position, with both hands easily reaching the grips.
Movement of the handlebars shall be free and unrestricted, to include, manufacture's structural design(s), windshield/faring and/or any accessory equipment.
Windscreen: Polycarbonate, continuously adjustable
(electronically) windshield
Throttle control shall be located on the right handlebar, there shall be no lost motion or play and it shall return to idle when hand is released from the grip.
BIDDERS EXCEPTIONS
[ Clutch hand lever shall be located on the left handlebar and have adjustment for the size of the operator's hand.
Brakes
Disk brakes required on both front and rear.
All brakes shall be controlled by hydraulic systems.
Rear wheel brake shall have an independent brake control.
Anti-lock brake system (ABS) required.
Traction control required (NO EXCEPTION)
Front wheel shall have dual disc type, floating brake discs, fourpiston radial caliper, hand operated from the right handlebar. The hand lever shall be adjustable to accommodate the size of the operator's hand.
[ J Rear wheel shall be a single disk type brake, double piston floating caliper, foot pedal operated. The pedal shall be located on the ri ht side of the motorc cle.
SPECIFICATIONS-2 WHEELED, BLACK AND WHITE, POLICE PACKAGE
FACTORY DEVELOPED AUTHORITY MOTORCYCLE
[
CHASSIS (Cont'd)
Hydraulic hoses and metal Jines shall be mounted and protected in such a manner so as to prevent them from becoming damaged due to chafing, rubbing, or vibration.
Brake Jines and calipers shall be located away from exhaust heat.
Brake performance capacity."
* Brake material must be exactly as tested and certified during the most recent L.A.S.D. Law Enforcement
Motorcycle Test and Evaluation Program.
Wheels and Tires
Aluminum wheels: Approx. 17 inches die cast
Front tire - 120/?0ZR-17 Michelin Pilot Road 4 or Department µproved equal.
BIDDERS EXCEPTIONS
[ Rear tire - 180/55ZR-17 Michelin Pilot Road 4 or Department pprovcd equal.
{ All tires supplied shall be of the make and model as tested during the most recent Los Angeles County Sheriff's Department ALaw Enforcement Motorcycle Test and Evaluation Program.
[ enter stand, permanently fitted to the motorcycle. When deployed it shall raise one wheel.
Side stand shall be mounted on the left side. When deployed it shall lock when the weight of the machine is on it, not allowing it to be folded or retracted.
SPECIFICATIONS-2 WHEELED, BLACK AND WHITE, POLICE PACKAGE
FACTORY DEVELOPED AUTHORITY MOTORCYCLE
[
[
[
DRIVETRAIN
Engine
Electronic intake pipe fuel injected, gasoline.
Engine to be 1,254 cc, two (2) cylinder, and air/water cooled flat twin 4-strokc engine, central balancer shaft or better.
Digital engine management BMS-K with dual ignition.
Horsepower: Approx. 136 hp.@ 7,750 rpm
Torque: Approx. I 05 ft-lb @ 6,500 rpm
Single muffler/exhaust system.
Accessories to be identical on all motorcycles delivered.
Note: Exhaust system must be exactly as tested and
certified during the most recent LA.S.D. Law Enforcement Motorcycle Test and Evaluation Program.
BIDDERS EXCEPTIONS
Transmission
J Constant mesh six (6) speed gearbox with helical gear teeth. [
[
[
elf-energizing 8-plates wet clutch and integrated gearbox.
Hydraulically controlled clutch system (No Exception)
Maintenance free shaft drive with integral torsion damper.
I :2 ifs shaft ratio.
allon tank with a I allon reserve.
e!'.l I I e!'.l
SPECIFICATIONS -2 WHEELED, BLACK AND WHITE, POLICE PACKAGE
FACTORY DEVELOPED AUTHORITY MOTORCYCLE
BODY DESIGN
Design
()
Black and White color scheme.
Height adjustable, single rider, heated, black vinyl,
heavy-duty police type foam padded saddle seat.
BIDDERS EXCEPTIONS
[
[
[
Height adjustable windscreen (electric).
Frame mounted, full fairings (front and sides).
Front and rear fenders.
Two (2) law enforcement type utility, top swing up opening, lockable saddle bags.
Lockable radio box, mounted over rear fender and behind operator's seat with minimum dimension of20"x 13.5".
Front (engine) protection bars. Constructed of stainless steel and designed to provide mountings for siren, speaker and other accessories.
Rear (saddlebag) protection bars. Constructed of stainless steel and designed to provide mountings for accessories.
Lockable saddle bags, top open, swing up, mounted on left and n t rear side of the bike with locks -
o After-market/Exceptions)
Two (2) emergency vehicle lighting modules located at the front of the motorcycle. One on either side of the front faring and vindscreen.
One ( 1) emergency vehicle lighting module located at the rear of the motorcycle. Mounted on the upper-rear most area of the radio Every motorcycle shall have the same lighting array. Two (2) front mounted forward facing "BMW" takcdown lights. One ( l) alley Ii ht switch.
SPECIFICATIONS -2 WHEELED, BLACK AND WHITE, POLICE PACKAGE
FACTORY DEVELOPED AUTHORITY MOTORCYCLE
[ l
BODY (continued)
The final array combination of emergency lighting shall be determined and selected by Los Angeles County Sherifjs
Department Fleet Manager after the bid is awarded.
ELECTRICAL
Two (2), 12 volt, negative ground, gel, 16AH, maintenance free batteries. (No Exception)
Factory installed linked dual battery system for recharging both batteries simultaneously from a single alternator during normal engine operation. (Aftermarket unacceptable)
One (I) battery shall be dedicated to the operation of the motorcycle and the anti-lock brake system.
One (1) battery shall be dedicated to the operation of specialized police equipment.
The "police equipment" battery system shall include a minimum of eight (8) special conventionally-fused circuits.
Alternator output - Three-phase alternator 540 W w/auxiliary battery and GMSF power management for all circuits from parasitic loads/ low voltage battery protection.
Digital engine management BMS-K with dual ignition. Or
epartment approved equal
100 watt siren, public address (PA) system.
All wiring to be "can buss" type.
All motorcycles shall be wired identical.
S".l 13 S".l
BIDDERS EXCEPTIONS
SPECIFICATIONS-2 WHEELED, BLACK AND WHITE, POLICE PACKAGE
FACTORY DEVELOPED AUTHORITY MOTORCYCLE
FACTORY INSTALLED ACCESSORIES BIDDERS EXCEPTIONS
One (I) rear shotgun mount, vertical. (No Exception)
One (I) heated seat (No Exception)
Heated hand grips.
One (1) flashlight I PR24 holder, front left mount.
Qty. (I) BMW Motorrad Battery Charger (2.5 Ah) including power socket harness-fused or Department approved equal/better.
Tire Pressure Monitoring system (TPM).
One (1) cable for heated seat.
One (I) map light.
All emergency components installed must meet operational needs of the Los Angeles County Sheriff's Department.
One (1) radio control cable (From radio transceiver to control head)
/
One (I) radio power plug connector.(From 12V power to radio transceiver)
/
[ yi' One (I) accessory power pigtail. (From radio control head, connect to power, ignition power and speaker)
[
[
[
One (I) Antenna mounting bracket with support struts for VHF, UHF and 7/800 MHz antennas. (Larger metal plate available).
Antenna mounting bracket plate must be properly reinforced · en no chance for vibration.
r1114r1l
SPECIFICATIONS-2 WHEELED, BLACK AND WHITE, POLICE PACKAGE
FACTORY DEVELOPED AUTHORITY MOTORCYCLE
FACTORY INSTALLED ACCESSORIES {Cont'd)
[A' One (1) auxiliary LED mounting bracket.
Emergency Warning Lights
Qty. (5) Red LED-X light
BMW PIN 6317 2 361 718 or Department approved equal/better Qty. (5) Blue LED-X light
BMW PIN 6317 2 361 719 or Department approved equal/better Rear Duplex Emergency Warning Light
Qty.(\) Duplex LED-X Red I Blue
BMW PIN 63 17 2 361 730 or Department approved equal/better Take-Down (4) Allev (2) TS (2) BT (2)
,j Qty. (6) White Torus LED TDL/Alley
BMW PIN 63 17 2 361 722 or Department approved equal/better [ j Qty. (2) Auxiliary LED Turn Signals
BMW PIN 63 17 2 361 725 or Department approved equal/better ( J Qty. (2) Auxiliary LED Brakeffail Light
BMW PIN 63 17 2 361 726 or Department approved equal/better f j Qty. (I) Round Blue License Plate ID Light Kit
BMW PIN: 7160 2 452 876 or Department approved
j equal/better.
I Qty.(\) Ticket Book Box
[ J Note Pad Holder
Qty.(\) Front 12 Volt Power Outlet (lighter style)
Qty. ( 1) Radar/Lidar Gun Adapter Plate
One (1) helmet lock, "Motion Pro" mode# 06-1005
or De artment a roved e ual or u ade
BIDDERS EXCEPTIONS
:1 JI
SPECIFICATIONS-2 WHEELED, BLACK AND WHITE, POLICE PACKAGE
FACTORY DEVELOPED AUTHORITY MOTORCYCLE
SPECIALITY ITEMS INSTALLATION AND INSTRUCTIONS BIDDERS EXCEPTIONS [
[
Motorcycles to be equipped with radio interference suppression package, meeting Los Angeles County Sheriff's Department described specifications.
Prior to delivery, each motorcycle shall be "pre-wired" with the appropriate radio wiring loom that will accommodate (plug & play), the Los Angeles County Sheriff's Department radio(s).
Looms shall be supplied to the successful bidder by the Sheriff's Department. Customer Part#: 3075217 A02
Vendor Code: 1058772
Motorcycles to be delivered with a full tank of fuel
The successful bidder shall have a shop space sufficient to accommodate the entire order of motorcycles to be outfitted to the specifications outlined by the Los Angeles County Sheriffs Department.
All motorcycles shall be completely outfitted as stipulated on the specification by the manufacturer/dealer, with all related Emergency Vehicle Equipment prior to delivery.
The Sheriffs Department would provide the components
isted below but must be installed by the successful bidder/s. otorola radio 8500 bracket; mounted in the back console behind driver's seat. (Radio mounting bracket only)
Wiring loom for Sheriff's Department Radio (the loom shall be supplied by Sheriff's Department).
ADDITIONAL BIDDER SUPPIED ITEMS
s!l i 6ctJ
BIDDERS EXCEPTIONS
SPECIFICATIONS-2 WHEELED, BLACK AND WHITE, POLICE PACKAGE
FACTORY DEVELOPED AUTHORITY MOTORCYCLE
(NOT INSTALLED/NEW IN-BOX/DROP SHIPPED)
HELMET KIT
Setcom or Department approved equivalence or upgrade
Headsets
[ Dual-muff headsets with a noise reduction rating 24d8 Coil-cords incorporate a shield on the microphone line and on the overall cable to prevent RF and EM interference
*Full face helmet kit
Amplified, waterproof, electrct noise-canceling internal mount boom microphone
* Amplified microphones eliminate the need for the voice signal to be re-amplified at the master station, preventing the amplification of any electronic noise in the interconnect cable and providing a superior signal-to-noise ratio.
Speakers
Improved dual speaker to enhance frequency response
Improved Speaker Connectors
Helmet Extension Cable
[ 63 Series wired motorcycle cable kits
[ 12" to 18" radio cable
[ Premium coil-cord cables with cadminum bronze conductors to prevent work hardening and broken conductors.
Watertight, quarter-tum twist-lock connectors with gold-plated contacts and 0-ring seals
Motorcycle Cable Kit
BMW Interface PaneVBox or Department approved equal.
ADDITIONAL BIDDER SUPPIED ITEMS (Cont'd) BIDDERS EXCEPTIONS SPECIFICATIONS-2 WHEELED, BLACK AND WHITE, POLICE PACKAGE
FACTORY DEVELOPED AUTHORITY MOTORCYCLE
(NOT INSTALLED/NEW IN-BOX/DROP SHIPPED)
[ Configured to interact with current approved motorcycle (NO
EXCEPTION)
Interface to BMW PTT and PTPA for Motorola Spectra, Astra Spectra, Syntor X9000, APX8500 Radios (NO EXCEPTION)
[ Public address (PA) interface
Mobile plus portable radio configuration.
COMMUNICATION ACCESSORIES- (SETCOM)- (or
Department Approved Equivalent or Upgrade)
[ Setcom Master Control Box (25-2700)
[ Interconnect Cable (IC-1600-1)
[ DC/DC Converter (28-3030)
[ 12" to 18" radio cable (25-3100)
[ Helmet Extension Cable (25-0733)
[ Radio Cable (25-3100)
[ Breakaway Cable (25-0732)
Selflock Adhesive Fastening Strips
KEYS AND ENTRY SYSTEMS(S)
Single-key locking system on all motorcycles, to include ignition, saddlebags, radio box and any other lockable
compartment.
All motorcycles provided with four (4) keys. (ignition, helmet, short-gun rack)
• Gun lock key code will be provided by the Sheriff's
Department representative after the bid is awarded.
Aluminum keys are not acceptable.
[ Remote buttons must be functional only when ignition is on (ignition powered.)
SPECIFICATIONS-2 WHEELED, BLACK AND WHITE, POLICE PACKAGE
FACTORY DEVELOPED AUTHORITY MOTORCYCLE
ELECTROMAGNETIC COMPATIBILITY BIDDERS EXCEPTIONS
FREQUENCY BAND
30 to 50 -MHZ
150 tol74-MHZ
450 to512-MHZ
800 to 900 - MHZ
ALLOWABLE
DEGRADATION
15 d B
5 d B
3 d B
3 d B
Radiated and Conducted Electromagnetic Interference
Motorcycle systems and accessories shall be designed to minimize interference with the use of public safety radio receivers or electronic sirens or sound amplifiers. The effective sensitivity of a receiver installed in the
motorcycle shall not be reduced by more than the amount tabulated below for each frequency band.
Electromagnetic Interference Susceptibility Motorcycle is intended for use in presence of electromagnetic fields
resulting from use of public safety two-way radios.
Motorcycle performance shall not be affected in any way by transmissions from a radio and antenna installed in the motorcycle and operating in any of the frequency ranges of 30 to50-MHZ, 150 to 174-MHZ, 450 to 512-MHZ, and 800
to 900-MHZ and having a radio frequency output no less
than I 00-watts. Motorcycle performance shall not be
affected by the presence of another motorcycle equipped with the above described radio and operated adjacent to the subject motorcycle.
Degradation is defined as the difference in effective
receiver sensitivity measured with the motorcycle engine and accessories turned off and that measured with the
engine and accessories turned on. Sensitivity is measured in terms of the 12 dB Sinad signal as defined in EJA
Standard RS-204. To determine effective sensitivity, the receiver is connected to the antenna through an isolating tee connector which allows introduction of the signal generator through the isolated port. Comparative signal strength
readings are then taken with and without the interference resent.
SPECIFICATIONS -2 WHEELED, BLACK AND WHITE, POLICE PACKAGE
FACTORY DEVELOPED AUTHORITY MOTORCYCLE
DELIVERY:
Los Angeles County Sheriff's Department
Fleet Management Unit
1104 N. Eastern Avenue, Door#48
Los Angeles, CA 90063
(323) 267-3016
SPECIAL INSTRUCTIONS:
If any components arc "drop-shipped", the packing slip(s) and/or shipping ticket(s) must have the corresponding "LA County ISO purchase order number" as related to the vehicle(s) being purchased, legibly printed on it/them. Shipments not so marked will be refused.
Before any payment for the vehicle(s) is made, "documentation proof' that any and all, components have been paid for in full by the winning bidder, must be submitted to the Sheriff's Fleet operations office. Failure to do so will be considered an incomplete delivery and delay any payment(s).
Dealership supplied components must accompany the bike at the time of delivery (No Exception)
Upon delivery no dealer decals or license plate identifiers.
Dealer shall notify Sheriff's Department Fleet Unit a minimum of 24 hours prior to delivery. Motorcycle(s} will not be accepted after 2:00 pm.
Prior to delivery acceptance, any vendor/dealer located outside the State of California must have previously paid all applicable State of California State and/or Los Angeles County sales tax(s).
All State of California Department of Motor Vehicle paperwork, and invoicing MUST accompany each motorcycle at time of delivery. There shall be one invoice per motorcycle.
At time of delivery, all motorcycles MUST meet all specifications as written, NO EXCEPTIONS.
At time of delivery, dealer shall furnish Dealers Report of Sale in the name of:
LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
1277 N. EASTERN A VENUE
LOS ANGELES, CA 90063
Attachment 2
LOS ANGELES COUNTY
SHERIFF
PURCHASE ORDER
FOR VENDOR PAYMENT INQUIRIES PLEASE REFER TO
https://lacovss.lacounty.gov/LoginExternal/Pages/lacovss-dept-contacts.pdf
ORDER NUMBER
PO-SH-22009476-1
AWARD DATE
06/15/2022
BILL TO:
SHERIFF
COMM & FLEET MGMT BUREAU 15757
1104 N. EASTERN AVENUE
DOOR #50
LOS ANGELES CA 90063
ALL ITEMS AND CONDITIONS IN THE SOLICITATION ARE PART OF THIS ORDER AS IF FULLY REPRODUCED HEREIN.
ADDRESS ALL INQUIRIES AND CORRESPONDENCE TO:
Contact : Marnica Valencia
Phone : 323-267-2288
Email : [email protected]
VENDOR NAME, STREET, CITY, STATE, ZIP CODE:
LONG BEACH BMW MOTORCYCLES
2125 E SPRING ST
LONG BEACH CA 90806
SHIP FOB DESTINATION TO: (UNLESS SPECIFIED ELSEWHERE)
COMM & FLEET MGMT BUREAU 15757
1104 N. EASTERN AVENUE
DOOR #50
LOS ANGELES CA 90063
PROCUREMENT FOLDER : 2327986
CONTACT FOR DELIVERY INSTRUCTIONS (NAME, TELEPHONE)
COMM AND FLEET MGMT BUREAU
DELIVERY DATE FOB POINT AGENCY REQ.
NUMBER
MOTORCY
CONTRACT NUMBER TOTAL AMOUNT OF ORDER
$31,982.88
DATE PRINTED
06/15/2022
VENDOR NO.
136444
PROMPT
PAYMENT
TERM
TERM 1 TERM 2 TERM 3 TERM 4
DISCOUNT: 0.00
DAYS: 30
DISCOUNT: 0.00
DAYS: 0
DISCOUNT: 0.00
DAYS: 0
DISCOUNT: 0.00
DAYS: 0
LINE
NO.
COMMODITY/SERVICE DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED AMOUNT
Filler
Filler
Filler
Filler
Filler
Filler
1 NOTICE TO VENDORS:
ALL ITEMS LISTED ON VENDOR PACKING SLIPS AND
INVOICES MUST REFLECT THE CORRESPONDING
PURCHASE ORDER COMMODITY LINE NUMBER. ALSO,
THE ORDER NUMBER MUST BE REFERENCED ON ALL
PACKING SLIPS AND INVOICES.
COMMODITY CODE: 070-12-00-0000000
SUPPLIER PART NO:
SALES TAX AMOUNT:
STOCK ITEM DESCRIPTION:
DESCRIPTION:
MOTORCYCLE - 2 WHEEL DRIVE - BLACK &
WHITE - POLICE PACKAGE - PER ATTACHED
SPECIFICATIONS
BMW R1250 RT-P
****************
BRAND SPECIFIC - ALTERNATES WILL BE
REJECTED
Filler
Filler Filler Filler
Filler Filler Filler
Filler Filler Filler
Filler Filler Filler
Filler FIller Filler
1.00000
FILLER
Filler
Filler
Filler
Filler
Filler
Filler
EA
FILLER
Filler
Filler Filler Filler
Filler Filler Filler
Filler Filler Filler
Filler Filler Filler
Filler Filler Filler
$29,204.610000
FILLER
Filler
Filler Filler Filler
Filler Filler Filler
Filler Filler Filler
Filler Filler Filler
Filler Filler Filler
$29,204.61
FILLER
$2,774.44
LA County is pleased to provide online access to the new Vendor Self-Service (VSS) Portal: http://lacovss.lacounty.gov Go to the portal home page to find out more about the benefits to vendors who do business with the County.
LA County Purchase Order Awarded on: 06/15/2022
Authorized and signed by: Marnica Valencia
Date Signed: 06/15/2022
COUNTY OF LOS ANGELES
PRICE SHEET PURCHASE ORDER
ORDER NO: PO-SH-22009476-1
VENDOR NO: 136444
VENDOR: LONG BEACH BMW MOTORCYCLES
Page
2 2
LINE
NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED AMOUNT ****************
TERMS AND CONDITIONS IN ACCORDANCE WITH
SOLICITATION # RFB-IS-22201046
2 COMMODITY CODE: 070-12-00-0000000
SUPPLIER PART NO:
SALES TAX AMOUNT:
DESCRIPTION:
NEW TIRE TAX FEE (2 TIRES X 1 VEHICLE)
PRICES ARE EXCLUSIVE OF FEDERAL EXCISE
TAX. EXEMPT CERTIFICATE NO. 95 7400 14K
CONTACT:
ROBERT FURMAN, LIEUTENANT
TELEPHONE # (323) 881-3982
EMAIL: [email protected]
OR
THEA SHERIDAN, ASM1
TELEPHONE # (562) 345-4307
EMAIL: [email protected]
-- -- -- -- -- -- -- -- -- -- -- -- -- --
-- -- -
INTERNAL USE ONLY
REFERENCE:
RQN-SH-22020911
UNIT BUYER: ABBY AGUILAR
CFMB BUDGET LOG #CC-04
FLEET APPROVAL CODE: 22FLEET08
FA APPROVAL CODE: 22FX92081
FUND: A01
UNIT: 95781
OBJECT CODE: 6049-60D (FIXED ASSET)
ACTIVITY CODE: RCCS
FUNCTION CODE: SP-S&U
LINE FOB: FOB Destination, Freight
Prepaid and Allowed
LINE DELIVERY DATE: 12/07/22
TERMS AND CONDITIONS IN ACCORDANCE WITH
SOLICITATION # RFB-IS-22201046
2.000000
FILLER
EA
FILLER
$1.750000
FILLER
$3.50
FILLER
$0.33
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
FILLER LINE: [Total: 48] [Last: 48] [Fill: 18]
SPECIAL TERMS & CONDITIONS PURCHASE ORDER
ORDER NO: PO-SH-22009476-1
VENDOR NO: 136444
VENDOR: LONG BEACH BMW MOTORCYCLES
Page
3 3
SELLERS PERMIT #016657156
STATE HERE THE MANUFACTURER'S WARRANTY COVERING PRECEDING EQUIPMENT: STANDARD MANUFACTURER'S WARRANTY
TERMINATION FOR CONVENIENCE:
ANY AGREEMENT MAY BE TERMINATED, WHEN SUCH ACTION IS DEEMED BY COUNTY TO BE IN ITS BEST INTEREST. TERMINATION SHALL BE EFFECTED BY DELIVERY TO VENDOR OF A NOTICE OF
TERMINATION SPECIFYING THE EXTENT TO WHICH PERFORMANCE OF AGREEMENT IS TERMINATED AND
THE DATE UPON WHICH SUCH TERMINATION BECOMES EFFECTIVE, WHICH SHALL BE NO LESS THAN TEN (10) DAYS AFTER THE NOTICE IS SENT.
AFTER RECEIPT OF A NOTICE OF TERMINATION, VENDOR SHALL SUBMIT ITS TERMINATION CLAIM
AND INVOICE TO COUNTY, IN THE FORM AND WITH ANY CERTIFICATIONS AS MAY BE PRESCRIBED BY COUNTY. SUCH CLAIM AND INVOICE SHALL BE SUBMITTED PROMPTLY, BUT NOT LATER THAN THREE MONTHS FROM THE EFFECTIVE DATE OF TERMINATION. UPON FAILURE OF VENDOR TO SUBMIT
ITS TERMINATION CLAIM AND INVOICE WITHIN THE TIME ALLOWED, COUNTY MAY DETERMINE ON
THE BASIS OF INFORMATION AVAILABLE TO COUNTY, THE AMOUNT,
IF ANY, DUE TO VENDOR IN RESPECT TO THE TERMINATION, AND SUCH DETERMINATION SHALL BE FINAL. WHEN SUCH DETERMINATION IS MADE, COUNTY SHALL PAY VENDOR THE AMOUNT SO DETERMINED.
VENDOR SHALL HONOR PURCHASE ORDERS ACCEPTED ON OR BEFORE THE EFFECTIVE DATE OF TERMINATION.
TERMINATION FOR GRATUITIES:
COUNTY MAY, BY WRITTEN NOTICE TO VENDOR, TERMINATE THE RIGHT OF VENDOR TO PROCEED UNDER ANY AGREEMENT UPON TEN (10) DAYS WRITTEN NOTICE, IF
IT IS FOUND THAT GRATUITIES IN THE FORM OF ENTERTAINMENT, GIFTS, OR
OTHERWISE WERE OFFERED OR GIVEN BY, OR ANY AGENT OR REPRESENTATIVE OF
VENDOR, TO ANY OFFICER OR EMPLOYEE OF COUNTY WITH A VIEW TOWARD
SECURING A CONTRACT OR SECURING FAVORABLE TREATMENT WITH RESPECT TO
THE AWARD OF AMENDING,OR THE MAKING OF ANY DETERMINATIONS WITH RESPECT TO THE PERFORMING, OF SUCH CONTRACT. IN THE EVENT OF SUCH TERMINATION,
COUNY SHALL BE ENTITLED TO PURSUE THE SAME REMEDIES AGAINST VENDOR AS IT COULD PURSUE IN THE EVENT OF DEFAULT BY VENDOR.
FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28] FILLER LINE: [Total # of TC Lines: 34] [# of Lines on Last TC Page: 34] [Lines to be Filled: 28]
STANDARD TERMS & CONDITIONS PURCHASE ORDER
ORDER NO: PO-SH-22009476-1
VENDOR NO: 136444
VENDOR: LONG BEACH BMW MOTORCYCLES
Page
4 4
COUNTY OF LOS ANGELES
FEDERAL TAX EXEMPTION CERTIFICATE
The undersigned hereby certifies that he is a deputy purchasing agent of the county of Los Angeles. A political subdivision of the State of California, that he is authorized to execute this certificate and that the article or articles indicated in this purchase order are for exclusive use of the county of Los Angeles, a political subdivision of the State of California.
It is understood that the exemption from tax in the case of sales of articles under this exemption certificate to the states or political subdivisions thereof, is limited to the sale of articles purchased for their exclusive use and it is agreed that if articles purchased tax free under this exemption certificate are used otherwise or are sold to employees or others, such fact must be reported by me to the vendor or the article or articles covered by this certificate. It is also understood that the fraudulent use of this certificate to secure exemption will subject the undersigned and all guilty parties to a fine of not more than $10,000 or to imprisonment for not more than five years, or both, together with cost of prosecution.
County purchasing Agent
By
This certificate is applicable only when signed by an authorized person.
TERMS AND CONDITION OF PURCHASE
1. CONDITIONS OF PURCHASE: This order shall be in accordance with these terms and conditions and any attachments here to.
No other conditions or modifications of these terms and conditions will be effective unless specifically agreed to in writing by the county of Los Angeles ("County") Purchasing Agent. Failure of County to object to provisions contained in any acknowledgment, document or other communications from vendor shall not be construed as a waiver of these terms and conditions or an acceptance of any such provision.
2. DELIVERY: Delivery shall be as stated herein. When using common carriers, County reserves the right to designate the transportation carrier. Failure on the part of Vendor to adhere to shipping terms specified hereon or contained in a written agreement for this purchase may, at county's discretion, result in additional handling costs being deducted from Vendor's invoice.
Cost of inspection on deliveries or offers for delivery which do not meet specifications will be for the account of Vendor. Unless otherwise set forth herein, all items shall be suitably packed and marked. Purchase Order number must be on all shipping documents and containers.
3. INVOICES: Invoices shall include the Purchase Order number, which is located in the upper right hand corner of the Purchase Order. Invoices must state that they cover, as the case may be, complete or partial delivery, and must show units and unit prices.
Invoices will not be paid unless and until the requirements have been fully met. When price shown is delivered price, all transportation and delivery charges must be prepaid in full to destination.
4. PRICE/SALES TAX: Unless otherwise specified herein, the prices herein do not include sales or use tax. No charges for transportation, containers, packing, unloading, etc. shall be allowed unless specified herein.
5. PAYMENT TERMS: Unless other wise specified herein, payment terms are net 30 days from the date County receives a correct and proper invoice. In no event shall County be liable for any late charges. Cash discount periods shall be computed either from the date of delivery and County's acceptance or the date of County's receipt of correct and proper invoices, whichever date is later, prepared in accordance with the terms herein.
6. WARRANTIES: Vendor shall, at no cost to County, promptly correct any and all defects in the items/services provided hereunder. Vendor shall also reimburse County for any costs incurred as a result of defect(s). The term of this warranty shall be as set forth in the Purchase Order, or if no term is shown, ninety (90) days from the date of County's acceptance of the item/service.
Vendor warrants that items may be shipped, sold and used in a customary manner without violation of any law, ordinance, rule or regulation of any government or administrative body.
STANDARD TERMS & CONDITIONS PURCHASE ORDER
ORDER NO: PO-SH-22009476-1
VENDOR NO: 136444
VENDOR: LONG BEACH BMW MOTORCYCLES
Page
5 5
7. CANCELLATION: Unless otherwise specified herein. County may cancel all or part of this Purchase Order and or Contract at no cost and for any reason by giving written notice to vendor at least thirty (30) calendar days prior to scheduled delivery. A cancellation change not exceeding one percent (1%) of the value of the cancelled portion of the Purchase Order and/or Contract may be charged to The County on any cancellation with less than thirty (30) calendar days prior written notice.
8. HAZARDOUS MATERIALS: Vendor warrants that it complies with all federal, state and local laws, rules, ordinances and regulations concerning hazardous materials and toxic substances.
9. COVENANT AGAINST GRATUITIES: Vendor warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by vendor, or any agent or representative of Vendor, to any officer or employee of County with a view toward securing this Purchase Order or favorable treatment with respect to any determination concerning the performance of this Purchase Order. In the event of breach of this warranty, County shall be entitled to pursue the same remedies including, but not limited to, termination, against Vendor as it could pursue in the event of Vendor's default.
10.0 CONFLICT OF INTEREST: 10.1 No County employee whose position with county enables such employee to influence the award of the Purchase Order or any competing agreement, and no spouse or economic dependent of such employee, shall be employed in any capacity by Vendor, or have any other direct or indirect financial interest in this Purchase Order, No officer or employee of Vendor, who may financially benefit from the award of this Purchase Order shall in any way participate in County's approval or ongoing evaluation of this purchase.
10.2 Vendor shall comply with all conflict of interest laws, ordinances and regulations now in effect or hereafter to be enacted during the term of this Purchase Order. Vendor warrants that it is not aware of any facts, which create a conflict of interest. If Vendor hereafter becomes aware of any facts, which might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to county. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances.
11. GOVERNING LAW AND VENUE: This Purchase Order shall be governed by and construed in accordance with the laws of the state of California. Vendor agrees and consents to the exclusive jurisdiction of the courts of the state of California for all purposes regarding this Purchase order, and further agrees and consents that venue of any action hereunder shall be exclusively in the County of Los Angeles, California.
12. INDEMNIFICATION: Vendor shall indemnify, defend and hold harmless County, its agents, officers and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever arising from or connected with Vendor's operations, goods and/or commodities or services provided hereunder. This indemnity shall include, but not be limited to, claims for or by reason of any actual or alleged infringement of any United States patent or copyright or any actual or alleged trade secret disclosure.
13. DEFAULT: The County may, by written notice to the Vendor, terminate the Purchase Order, if, in the judgment of the County:
a. Vendor has materially breached the Purchase Order; or b. Vendor fails to timely provide and/or satisfactorily perform any task, deliverable, service. or other work required under the Purchase Order or fails to demonstrate a high probability of timely fulfillment of performance requirements, or of any obligations of the Purchase Order and in either case, fails to demonstrate convincing progress toward a cure within ten (10) working days, (or such longer period as the county may authorize in writing) after receipt of written notice from the County specifying such failure.
In the event that the County terminates the Purchase Order, the County may procure, upon such terms and in such manner as the County may deem appropriate, goods and services similar to those so terminated. The Vendor shall be liable to the County for any and all excess costs incurred by the County, as determined by the County, for such similar goods and services.
The rights and remedies of the County shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Purchase Order.
STANDARD TERMS & CONDITIONS PURCHASE ORDER
ORDER NO: PO-SH-22009476-1
VENDOR NO: 136444
VENDOR: LONG BEACH BMW MOTORCYCLES
Page
6 6
14. INVALIDITY, REMEDIES NOT EXCLUSIVE: If any provision of this Purchase Order or the application thereof to any person or circumstance is held invalid, the remainder of this Purchase Order and the application of such provisions to other persons or circumstances shall not be affected thereby. The rights and remedies provided herein shall not be exclusive and are in addition to any other rights and remedies in law or equity.
15. COMPLIANCE WITH LAWS: The Vendor shall comply with all applicable provisions of Federal. State and Local laws, rules, regulations, ordinances, and directives, and all provisions required thereby to be included in this Purchase Order are hereby incorporated herein by reference.
The Vendor shall indemnify and hold harmless the County from and against any and all liability, damages, costs, and expenses, including, but not limited to, defense costs and attorney fees, arising from or related to any violation on the part of the Vendor or its employees, agents, or subcontractors of any such laws, rules, regulations, ordinances, or directives
16. NONDISCRIMINATION: By acceptance of this Purchase Order, vendor certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and will be treated equally by it without regard to or because of race, religion, ancestry, national origin, disability or sex and in compliance with all applicable Federal and State anti-discrimination laws and regulations. Vendor further certifies and agrees that it will deal with its subcontractors, bidders or Vendor without regard to or because of race, religion, ancestry, national origin, disability or sex. Vendor shall allow the County access to its employment records during the regular business hours to verify compliance with these provisions when so requested by the County. If the County finds that any of the above provisions have been violated, the same shall constitute a material breach of contract upon which the County may determine to cancel, terminate, or suspend the Purchase Order. The parties agree that in the event the Vendor violates the anti-discrimination provisions of the Purchase Order, the County shall, at its option and in lieu of termination or suspending this Purchase Order, be entitled to liquidated damages, pursuant to California Civil Code Section 1671, of the greater of ten percent (10%) of the Purchase Order amount or One Thousand Dollars ($1,000).
17. FORCE MAJEURE: Neither party will be liable for delays in performance beyond its reasonable control, including, but not limited to, fire, flood, act of God or restriction of civil or military authority
18. NON-EXCLUSIVITY: Nothing herein is intended nor shall it be construed as creating any exclusive arrangement with Vendor.
This Purchase Order shall not restrict the purchasing Agent from acquiring similar, equal or like goods and/or services from other entities or sources.
19. MOST FAVORED CUSTOMER: Vendor represents that the prices charged County in this Purchase Order do not exceed existing selling prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms and conditions.
20. WAIVER: No waiver by the County of any breach of any provision of this Purchase Order shall constitute a waiver of any other breach or of such provision. Failure of the County to enforce at any time, or from time to time, any provision of this Purchase Order shall not be construed as a waiver thereof. The rights and remedies set forth in this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Purchase Order.
21. ACCEPTANCE: Unless explicitly stated by County as otherwise, county may conduct, at its location or any other County designated location and at its expense, an incoming acceptance test on all items purchased hereunder. The acceptance test period shall not exceed thirty (30) days from receipt of such item by County. County may, at its sole discretion, reject all or any part of items or services not conforming to the requirements/specifications stated in this Purchase Order.
22. SPARE PARTS: Unless otherwise set forth herein, Vendor shall make spare parts available to county for a period of two (2) years from the date of delivery of the items to County; If Vendor is unable to so provide spare parts, it shall provide County with the name(s) of Vendor's suppliers so that County may attempt to procure such parts directly. In the event of such unavailability.
Vendor shall provide, at no cost, reasonable assistance to County in obtaining spare parts.
23. ENTIRE AGREEMENT MODIFICATIONS: This Purchase Order and any attachments hereto, constitutes the complete and exclusive statement of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter hereof. This Purchase Order shall not be modified, supplemented, qualified or interpreted by any prior course of dealing between the parties or by any usage of trade. Only county's Purchasing Agent can make changes or modifications by issuance of an official change notice.
STANDARD TERMS & CONDITIONS PURCHASE ORDER
ORDER NO: PO-SH-22009476-1
VENDOR NO: 136444
VENDOR: LONG BEACH BMW MOTORCYCLES
Page
7 7
24. INDEPENDENT CONTRACTOR STATUS: This Purchase Order is by and between the County and the Vendor and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and the Vendor. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever.
The Vendor shall be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to this Purchase Order all compensation and benefits. The County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, Federal, State or Local Taxes, or other compensation, benefits, or taxes for any personnel provided by, or on behalf of the Vendor.
The Vendor understands and agrees that all persons performing work pursuant to this Purchase Order are, for purposes of workers Compensation liability; solely employees of the Vendor and not employees of the County. The Vendor shall be solely liable and responsible for furnishing any and all Workers compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of the vendor pursuant to this Purchase Order.
25. COUNTY STOCK: Stock furnished by County to be used in this Purchase Order shall be returned to county free from damage from any cause and in accordance with all other terms and conditions of bid and this Purchase Order. 26, TAX EXEMPT STATUS: Tax exempt items shall be clearly listed and identified.
27. COUNTY LOBBYISTS: The, Vendor, and each County Lobbyist or County Lobbying firm as defined in County Code section
2.160.910 retained by the Vendor, shall fully comply with the County's Lobbyist Ordinance, County Code Chapter 2.160, Failure on the part of the Vendor or any county Lobbyist or county Lobbying firm: retained by the Vendor to fully comply with the County's Lobbyist Ordinance shall constitute a material beach of this Purchase Order, upon which the County may in its sole discretion, immediately, terminate or suspend this Purchase Order.
28. CONSIDERATION OF HIRING GAIN/GROW PROGRAM PARTICIPANTS: Should the Vendor require additional or replacement personnel after the effective date of this Purchase Order, the Vendor shall give consideration for such employment openings to participants in the county's Department of Public Social Services Greater Avenues for Independence (GAIN) Program or General Relief Opportunity for work (GROW) Program who meet the Vendor's minimum qualifications for the open position.
For this purpose, consideration shall mean that the Vendor will interview qualified candidates. The County will refer GAIN/GROW participants by job category to the Vendor. In the event that both laid-off County employees and GAIN/GROW participants are available for hiring, County employees shall be given first priority.
29. TERMINATION FOR IMPROPER CONSIDERATION: The County may, by written notice to the Vendor, immediately terminate the right of the Vendor to proceed under this Purchase Order if it is found that consideration, in any form, was offered or given by the, Vendor, either directly or through an intermediary, to any county officer, employee, or agent with the intent of securing this Purchase Order or securing favorable treatment with respect to the award; amendment, or extension of this Purchase Order or the making of any determinations with respect to the Vendor's performance pursuant to this Purchase Order In the event of such termination, the County shall be entitled to pursue the same remedies against the Vendor as it could pursue in the event of default by the vendor.
The Vendor shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County AuditorController's Employee Fraud Hotline at (213) 974-0914 or (800) 544-6861.
Among other items, such improper consideration may take the form of cash, discounts, service, the provision of travel, entertainment, or tangible gifts, or the promise of any of these.
30. SAFELY SURRENDERED BABY LAW: The Contractor shall notify and provide to its employees, and shall require each subcontractor to notify and provide to its employees, a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. The fact sheet is available on the Internet at www.babysafela_org for printing purposes.
STANDARD TERMS & CONDITIONS PURCHASE ORDER
ORDER NO: PO-SH-22009476-1
VENDOR NO: 136444
VENDOR: LONG BEACH BMW MOTORCYCLES
Page
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31. CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM The Contractor acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from the County through Contracts/Purchase Orders are in compliance with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers.
As required by the County's Child Support Compliance Program (County Code Chapter 2.200) and without limiting the Contractor's duty under this Contract/purchase Order to comply with all applicable provisions of law, the Contractor warrants that it is now in compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 use Section 653a) and California unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or Child Support Services Department Notices of Wage and Earnings Assignment for Child, Family or Spousal Support, pursuant to Code of civil Procedure Section 706.031 and Family Code Section 5246{b}.
TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM Failure of Contractor to maintain compliance with the requirements set forth in the paragraphs under "CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM" shall constitute default under this Contract/Purchase Order. Without limiting the rights and remedies available to COUNTY under any other provision of this contract/purchase order, failure of CONTRACTOR to cure such default within ninety (90) calendar days of written notice shall be grounds upon which COUNTY may terminate this contract/purchase order pursuant to "VENDOR'S RESPONSIBILITY AND DEBARMENT" and pursue debarment of CONTRACTOR, pursuant to County code, Chapter 2.202.
32. PAYROLL RECORDS: Wherever required, the Contractor shall comply with the requirements of Section 1776 of the Labor Code, State of California, including maintaining payroll records as enumerated in Subdivision (a). The Contractor and the Contractor's subcontractors shall be responsible to maintain, and make readily available for inspection purposes, a copy of all certified payroll records for each work project associated with or obtained by the County under this or any future or successive County Agreement, Contract or Purchase Order. All certified payroll records shall indicate that the wage rates are not less than those determined by the State Division of Industrial Relations, and that the classifications set forth for each laborer or mechanic conform with the work that he/she performed. The Contractor shall be responsible for the submission of copies of payrolls for all subcontractors, upon request by the County, arising from and/or relating to any Agreement formulated as a result of this inquiry.
Certified payroll shall be submitted upon request and shall include:
A. Original Document
B. Company Name & Address
C. Account Number/Project Number
D. Project Name and Address
E. Authorizing county Department and Purchase Order or Contract Number F. Period of Time in which Work is Being Performed
G. Employee Name, Address and Social Security Number
H. Work Classification, Including Sub-classification
I. Hours Paid
J. Rate of Pay
K. Deductions
L. Payroll Check Number
M. Benefits
N. Signature of Employee Authorized to Certify Payroll
Prevailing wage Scale Wherever required:
A. The Contractor shall comply with all provisions of the Labor Code of the State of California.
B. Under the provisions of said Labor Code. the State Department of Industrial Relations will ascertain the prevailing hourly rate in dollars and details pertinent thereto for each craft, classification or type of workers or mechanic needed to execute any Contract that may be awarded by the County.
STANDARD TERMS & CONDITIONS PURCHASE ORDER
ORDER NO: PO-SH-22009476-1
VENDOR NO: 136444
VENDOR: LONG BEACH BMW MOTORCYCLES
Page
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C. Particulars of the current prevailing wage Scale, which are applicable to the work contemplated under these specifications, are to be maintained in the Department, and must be posted at the project site by the Contractor or his/her subcontractor.
D. Current prevailing wage rates may be obtained at:
wwww.dir.ca.gov/DLSR/PWD/Apprentice.htm
Division of Labor Standards Enforcement
455 Golden Gate Avenue, 9th Floor
San Francisco, CA 94102
(415) 703-4810
CONTRACTOR RESPONSIBILITY AND DEBARMENT
1. A responsible Contractor is a Contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the County's policy to conduct business only with responsible contractors.
2. The Contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the performance of the contractor on this or other contracts which indicates that the Contractor is not responsible. The County may, in addition to other remedies provided in the contract, debar the Contractor from bidding on County contracts for a specified period of time not to exceed 5 years, and terminate any or all existing contracts the Contractor may have with the county.
3. The County may debar a contractor if the Board of Supervisors finds, in its discretion, that the Contractor has done any of the following: (1) violated any term of a contract with the County, (2) committed any act or omission which negatively reflects on the Contractor's quality, fitness or capacity to perform a contract with the County or any other public entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the County or any other public entity.
4. If there is evidence that the Contractor may be subject to debarment, the Department will notify the Contractor in writing of the evidence which is the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board.
5. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Contractor and/or the Contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a proposed, decision, which shall contain a recommendation regarding whether the contractor should be debarred, and, if so, the appropriate length of time of the debarment. If the Contractor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board, the Contractor may be deemed to have waived all rights of appeal.
6. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of supervisors shall have the right to modify, deny or adopt the proposed decision and recommendation of the Hearing Board.
7. These terms shall also apply to (subcontractors/subconsultants) of County Contractors.
STANDARD TERMS & CONDITIONS PURCHASE ORDER
ORDER NO: PO-SH-22009476-1
VENDOR NO: 136444
VENDOR: LONG BEACH BMW MOTORCYCLES
Page
10 10
PROHIBITION AGAINST USE OF CHILD LABOR
VENDOR shall:
1. Not knowingly sell or supply to COUNTY any products, goods, supplies or other personal property produced or manufactured in violation of child labor standards set by the International Labor Organizations through its 1973 Convention Concerning Minimum Age for Employment.
2. Upon request by COUNTY, identify the country/countries of origin of any products, goods, supplies or other personal property bidder sells or supplies to COUNTY, and
3. Upon request by COUNTY, provide to COUNTY the manufacturer's certification of compliance with all international child labor conventions.
Should COUNTY discover that any products, goods, supplies or other personal property sold or supplied by VENDOR to COUNTY are produced in violation of any international child labor conventions, VENDOR shall immediately provide an alternative, compliant source of supply.
Failure by VENDOR to comply with the provisions of this clause will be grounds for immediate cancellation of this purchase Order or termination of this Agreement and award to an alternative vendor.
A. Jury Service Program.
This Contract is subject to the provisions of the County's ordinance entitled Contractor Employee Jury Service ("Jury Service program") as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code.
B. Written Employee Jury Service policy.
1. Unless Contractor has demonstrated to the County's satisfaction either that Contractor is not a "Contractor" as defined under the Jury Service Program (Section 2.203.020 of the county code) or that contractor qualifies for an exception to the Jury Service program a(Section 2.203.070 of the County Code), Contractor shall have and adhere to a written policy that provides that its Employee shall receive, from the contractor, on an annual basis, no less than five days of regular pay for actual jury service. This policy may provide that Employees deposit any fees received for such jury-service with the Contractor or that the Contractor deduct from the Employee's regular pay the fees received for jury service.
2. For purposes of this Section, "Contractor" means a person, partnership, corporation or other entity which has a contract with the County or a subcontract with a County contractor and has received or will receive an aggregate sum of $50,000 or more in any 12- month period under one or more County. Contracts or subcontracts, "Employee" means any California resident who is a full time employee of Contractor. "Full Time" means 40 hours or more worked per week, or a lesser number of hours if the lesser number is a recognized industry standard and is approved as such by the county. If Contractor uses any subcontractor to perform services for the County under the Contract, The subcontractor shall also be subject tot he provisions of this section. The provisions of this Section shall be inserted into any such subcontract agreement and a copy of the Jury Service Program shall be attached to the agreement.
3. If the Contractor is not required to comply with the Jury Service Program when the Contract commences, the Contractor shall have a continuing obligation to review the applicability of its "exception status" from the Jury Service Program, and the Contractor shall immediately notify the County if the Contractor at any time either comes within the Jury Service Program's definition of "Contractor" or if the Contractor no longer qualifies for an exception to the Jury Service Program. In either event, the Contractor shall immediately implement a written policy consistent with the Jury Service Program. The County may also require, at any time during the Contract and at its sole discretion, that the Contractor demonstrate to the County's satisfaction that the Contractor either continues to remain outside of the Jury Service Program's definition of "Contractor" and/or that the Contractor continues to qualify for an exception to the Program.
4. Contractor's violation of this Section of the contract may constitute a material breach of the Contract. In the event of such material breach, County may, in its sole discretion, terminate the Contract and/or bar Contractor from the award of future contracts for a period of time consistent with the seriousness of the breach.
STANDARD TERMS & CONDITIONS PURCHASE ORDER
ORDER NO: PO-SH-22009476-1
VENDOR NO: 136444
VENDOR: LONG BEACH BMW MOTORCYCLES
Page
11 11
PRICE SPECIFIC CONTRACTS AND PURCHASE ORDERS
Vendors are entitled to receive payment for goods received by, or services provided to the County specific to the Contract or Purchase Order price amount. Under no circumstances will those Suppliers, Contractors or Vendors who supply goods or otherwise contract services with the County of Los Angeles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts.
ASSIGNMENT BY CONTRACTOR
A. Contractor shall not assign its rights or delegate its duties under the Agreement, or both whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, County consent shall require a written amendment to the Agreement, which is formally approved and executed by the parties. Any payments by County to any approved delegate or assignee on any claim under the Agreement shall be deductible, at County's sole discretion, against the claims which Contractor may have against County.
B. Shareholders, partners, members, or other equity holders of Contractor may transfer, sell exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment, or divestment is effected in such a way as to give majority control of Contractor to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Agreement, such disposition is an assignment requiring the prior written consent of County in accordance with applicable provisions of this Agreement.
C. Any assumption, assignment, delegation, or takeover of any of the Contractor's duties, responsibilities; obligations, or performance of same by any entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without County's express prior written approval, shall be a material breach of the Agreement which may result in the termination of the Agreement. In the event of such termination, County shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor.
DEFAULT METHOD OF PAYMENT: DIRECT DEPOSIT OR ELECTRONIC FUNDS TRANSFER (EFT)
1. The County, at its sole discretion, has determined that the most efficient and secure default form of payment for goods and/or services provided under an agreement or contract with the County shall be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by the Auditor-Controller (A-C).
2. The Contractor shall submit a direct deposit authorization request via the website https://directdeposit.lacounty.gov with banking and vendor information, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.
3. Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or direct deposit shall supersede this requirement with respect to those payments.
FEDERAL UNIFORM GUIDELINE CLAUSE
By entering into this Contract/Purchase Order, the Contractor/Vendor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
COMPLIANCE WITH COUNTY POLICY OF EQUITY
The contractor acknowledges that the County takes its commitment to preserving the dignity and professionalism of the workplace very seriously, as set forth in the County Policy of Equity (CPOE), (https://ceop.lacounty.gov/). The contractor further acknowledges that the County strives to provide a workplace free from discrimination, harassment, retaliation and inappropriate conduct based on a protected characteristic, and which may violate the CPOE. The contractor, its employees and subcontractors acknowledge and certify receipt and understanding of the CPOE. Failure of the contractor, its employees or its subcontractors to uphold the County’s expectations of a workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject the contractor to termination of contractual agreements as well as civil liability.
Attachment 3
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FLEET SERVICES DIVISION
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Notopod Hold�r
POC: CHARLES BERTHON
Company: LONG BEACH BMW MOTORCYCLES
AddroH. 2998 CHERRY AVE. SIGNAL HILL. CA 90755
Attachment 4
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LONG BEACH
BMW MOTORCYCLES
2125 E. Spring St. Long Beach CA 90806 / 562-426-1200
8/5/2022
Per your request Long Beach BMW Motorcycles agrees to allow the City of Beverly Hills to Piggy Back the Los Angeles County Sheriffs order PO-SH22009476-1 and hereby agrees to extend the pricing, terms, and conditions of the subject bid for the purchase of (3) 2023 BMW R 1250 RT-P Police Motorcycles.
General Manager
Long Beach BMW Motorcycles
562.426.1200
[email protected]