Engineering Services, Inc. During the pre-construction meeting it was determined that a change of location for the electrical point of connection and installation of meter service pedestal are necessary for the project. It is determined that a meter pedestal and a direct connection to the transformer is necessary to protect the newly added circuit and provide an extra layer of security to prevent system failures.
The contactor submitted a cost analysis for Change Order No. 1 that reflects the necessary changes. The total amount of the scope identified is $ 9,840.00 and the breakdown is shown on Exhibit “A”. Change Order No. 1 reflects an 8.48% increase in the total contract amount. Once Change Order No. 1 is approved, the new contract amount for PTM General Engineering Services, Inc. will be $125,856.00.
FISCAL IMPACTS
Sufficient appropriations for Change O rder No. 1 for the I -10 Freeway /9th Street Underpass Lighting Project in the amount of $9,840.00 are available in the FY2022 -23 adopted budget in Measure I, Citywide Street/Traffic Improvement/Striping Capital Improvement Account Number 218-2314-6150-3890-0000-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit - A C.O. No. 1 I-10_9th St. Lighting
13 Packet Pg. 491
DATE:
FROM: Ed C. Vasquez
TO:
INSTRUCTIONS TO THE CONTRACTOR AT THE REQUEST OF THE PROJECT MANAGER:
Change in Meter pedestal Location
I. INCREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost 1 1.00 EA 2,800.00 $ = 2,800.00 $
2 1.00 LS 7,040.00 $ 7,040.00 $
3 1.00 - $
4 1.00 - $
5 1.00 - $
6 1.00 - $
7 1.00 - $
8 1.00 - $
TOTAL = 9,840.00$
II. DECREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost SUB-TOTAL = -$
TOTAL AMOUNT OF CHANGE ORDER #1 = 9,840.00$
III. CONTRACT AMOUNT RECONCILLATION
ORIGINAL AMOUNT OF CONTRACT = 116,016.00$
CHANGE ORDER NO.1 = 9,840.00$
TOTAL COST OF CONTRACT AS PER CHANGE ORDER NO. 1 = 125,856.00$ Brian A. Dickinson, Director of PW & Utility Services DATE Brian Mendoza, PTM General Engineering Services Inc. DATE Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner f rom all claims, demands, costs, and liabilities, in Contract, law or equity, arising out of or related to the subject of the change order, whether known or unkn own, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of tra des, as well as any and all consequential damages.
William R. Smith, City Manager DATE
CITY OF COLTON
February 7, 2023
CONTRACT CHANGE ORDER NO. 1
The amount of the contract will be increased by the sum of $9840.00 (8.48% of the contract amount) and contract time shall be extended by 0 calender days. The undersigned Contractor approves the foregoing Change Order # 1 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completi on of the entire work on account of said Change Order # 1 . The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplem ent of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.
Meter Service Pedestal
I-10 Freeway /9th Street Underpass Lighting Project
PUBLIC WORKS DEPARTMENT- ENGINEERING SECTION
PTM General Engineering Services Inc
5942 Acorn Street
Riverside, CA 92504
Equipment, Excavation, Pull Box, Conduit, Backfill, Surface Restoration 1 of 1
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Attachment: Exhibit - A C.O. No. 1 I-10_9th St. Lighting (3924 : Contract Amendment - PTM General Engineering Services, Inc.)
ITEM NO. 14
STAFF REPORT
DATE: FEBRUARY 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE A CONTRACT AMENDMENT (CHANGE ORDER NO. 1) FOR THREE PEAKS CORP. FOR THE DOWNTOWN PASEO
PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve Change Order No. 1 for the Downtown Paseo Renovation Project in the amount of $181,546.50; and
2. Authorized the City Manager to execute Change Order No. 1 (Exhibit A)
BACKGROUND
14 Packet Pg. 493
Staff Report to the Mayor and City Council
Contract Amendment - Three Peaks Corp.
February 7, 2023
The City of Colton received a SB 848 Grant from the California Natural Resources Agency ($600,000) to redevelop and enhance a pedestrian walkway in the City’s downtown area (“Downtown Pedestrian Paseo”). The City’s Downtown Design Manual, adopted in August 2016, identified two pedestrian paseos, of which this is the first segment to receive grant funding.
The project is an approximately 484 feet long and 20 feet wide alley, extending from La Cadena Drive on the east to 7th Street on the west. The walkway has become extremely blighted over the past several years, with trash accumulation, homeless camping, graffiti and crime being ongoing concerns. The intent of this improvem ent project is to create a safe and inviting pedestrian path in the heart of downtown, develop a new community event/gathering space, and foster exterior upgrades to the surrounding businesses. The project scope of work include s concrete, landscaping, lighting, shade structures, entry monuments, sitting areas and other amenities.
ISSUES/ANALYSIS
On June 21, 2022 City Council authorized the award of contract to Three Peaks Corp. in the amount of $496,988.50 for Phase 1 of the project which included improve ments to half of the alley roughly 200 LF by 20 Feet wide. The original project scope includes removal of building over hangs from three buildings, removal and replacement of all hardscape across the entire alley, i nstallation of new “Downtow n Paseo” entry monument signs, i nstallation of overhead string lighting, landscape & irrigation, electrical work, d rainage work, and center court shade structure. With the adjustment made to the scope of work, we were able to complete work across the entire length of the alley and provide room for future improvements.
The work for the project commenced in September 2022. During the last fiscal year midyear budget process, additional funds became available for the completion of Phase 2 of the project.
Phase 2 includes 2 00 LF by 20 feet of alley, decorative fencing, hardscape/concrete works, and landscape. In December 2022, a request for change order was prepared and negotiated with the contractor based on the needs of the City. Change Order No. 1 in the amount of $181,54 6.50 is attached as Exhibit A. Change Order No. 1 shows the additional work description breakdown with corresponding cost. Three Peaks Corp. ’s new contract amount is $678,535.00 upon approval of Change Order No. 1, and the completion date is scheduled for April 30, 2023.
The items and unit cost listed on Exhibit A/Change Order No 1 were part of the optional bid portion of the original project bid. During the pre-bid meeting held on February 23, 2021 and per Addendum No. 3 dated March 10, 2022, contractors were informed of the Optional Bid Items and the possibility of adding as Phase 2 to the project if funds were secured by staff.
FISCAL IMPACTS
Sufficient appropriations for Change Order No. 1 are available in the adopted FY2022 -23 budget in Local Fiscal Recovery Fund Paseo Project Capital Improvement Project Account Number 219-2332-1000-3890-0000-000.
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Staff Report to the Mayor and City Council
Contract Amendment - Three Peaks Corp.
February 7, 2023
Below is the total construction funding breakdown for the project:
Account Number Contract Funding
225-6300-6306-3890-0000-000 $ 428,598.10
219-2332-1000-3890-0000-000 $ 68,390.40
219-2332-1000-3890-0000-000 $ 181,546.50
Total $678,535.00
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit - A _C.O. No. 1 - Downtown Paseo
14 Packet Pg. 495
DATE:
FROM: Ed C. Vasquez
TO:
INSTRUCTIONS TO THE CONTRACTOR AT THE REQUEST OF THE PROJECT MANAGER:
Change order No. 1 at the request of the City in Order to complete Phase 2 of the project I. INCREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost 1 1.00 LS 128,389.00$ = 128,389.00$
2 1.00 LS 8,400.00$ 8,400.00 $
3 1.00 EA. 17,000.00$ 17,400.00 $
4 2,886.00 SF 4.00 $ 11,544.00$
5 57.50 LF 15.00$ 862.50$
6 141.00 SF 8.00 $ 1,128.00$
7 14.00 LF 44.50$ 623.00$
8 1,200.00 SF 11.00 $ 13,200.00$
9 -$
10 -$
11 -$
12 -$
13 -$
14 -$
15 -$
TOTAL = 181,546.50$
II. DECREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost SUB-TOTAL= -$
TOTAL AMOUNT OF CHANGE ORDER #1 = 181,546.50$
III. CONTRACT AMOUNT RECONCILLATION
ORIGINAL AMOUNT OF CONTRACT = 496,988.50$
CHANGE ORDER NO.1 = 181,546.50$
TOTAL COST OF CONTRACT AS PER CHANGE ORDER NO. 1 = 678,535.00$ Demo Phase 2 Curbs
Demo Phase 2 Existing Planting
Phase 2 Concrete curbs
Phase 2 additional Concrete
Phase 2 Irrigation
Demo Phase 2 Concrete
Brian A. Dickinson, Public Works/Utilitity Services Director DATE Erik Simmons, Three Peaks Corp. DATE
Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in Contract, law or equity, arising out of or related to the subject of the change order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages.
William R. Smith, City Manager DATE
CITY OF COLTON
February 7, 2023
CONTRACT CHANGE ORDER NO. 1
The amount of the contract will be increased by the sum of$181,546.50(36.5% of the contract amount) and contract time shall be extended by90 calendar days. The undersigned Contractor approves the foregoing Change Order # 1as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order # 1. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. 347 LF 7' Fence, 3-6' wide gates, 2-3' wide gate, 1-12' gate Downtown Paseo Improvement Project
PUBLIC WORKS DEPARTMENT- ENGINEERING SECTION
Erik Simmons, Three Peaks Corp.
P.O. Box 101
CAlimesa, CA 92320
Phase 2 planting material
1 of 1
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Attachment: Exhibit - A _C.O. No. 1 - Downtown Paseo (3925 : Contract Amendment - Three Peaks Corp.)
ITEM NO. 15
STAFF REPORT
DATE: FEBRUARY 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE THE PURCHASE OF A NEW 2023 FORD F-750 DUMP
TRUCK THROUGH NATIONAL AUTO FLEET GROUP FOR THE
WATER UTILITIES DIVISION OF THE PUBLIC WORKS &
UTILITIES DEPARTMENT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve of the purchase of one Ford F750 Dump Truck for $119,494.75, from National Auto Fleet Group, through the Sourcewell cooperative purchasing program.
BACKGROUND
The City of Colton Water Utility Department c urrently operates one 2006 GMC 6500 dump truck. The department utilizes the exist ing dump truck for all water utility related services, which includes tasks associated with water mainline repairs, water service repairs, and new service installation, to name a few. The addition of a second dump truck to the department will allow for multiple crews being able to work concurrently with better efficiencies.
ISSUES/ANALYSIS
Section 3.08.140(C) of the City's Purchasing Ordinance allows an exception to competitive bidding when it is determined “that a competitive bid procedure has been cond ucted by another public agency and the price to the City is equal to or better than the price to that public agency.” As a local government unit, Sourcewell created a cooperative purchasing contract designed to make the governmental procurement procedure m ore effective by creating competitively bid/priced contracts for goods and services; and providing the customer service necessary to help 15 Packet Pg. 497
Staff Report to the Mayor and City Council
Purchase - National Auto Fleet Group
February 7, 2023
its members achieve their procurement goals. Sourcewell performs all competitive bidding and procurement procedures in accordance with state statutes. Only government agencies, public and private schools/colleges, tribal governments, and nonprofit organizations can register as a participating agency . T he City of Colton is currently an active member of the Sourcewell cooperative purchasing contract program (registration account number 71800). National Auto Fleet Group is an approved qualified Sourcewell contract vendor (# 060920-NAF). The City of Colton will purchase one 2023 Ford F-750 Dump Truck from National Auto Fleet Group through the Sourcewell cooperative purchasing program.
FISCAL IMPACTS
Sufficient appropriations are available in the FY2022-2023 adopted budget in Water Fund Operations Automobile Account Number 521-8100-8101-4910-0000-000 to purchase a 2023 Ford F-750 Dump Truck.
ALTERNATIVES
1. Provide alternative direction
ATTACHMENT
1. National Auto Fleet Contract 060920 Site
2. National Auto Fleet Group Quote
15 Packet Pg. 498
060920-NAF
Rev. 2/2020 1
Solicitation Number: RFP #060920
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires August 1, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in
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Attachment: National Auto Fleet Contract 060920 Site (3928 : Purchase - National Auto Fleet Group) 060920-NAF
Rev. 2/2020 2
Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
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Attachment: National Auto Fleet Contract 060920 Site (3928 : Purchase - National Auto Fleet Group) 060920-NAF
Rev. 2/2020 3
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
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Attachment: National Auto Fleet Contract 060920 Site (3928 : Purchase - National Auto Fleet Group) 060920-NAF
Rev. 2/2020 4
A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.
Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
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Rev. 2/2020 5
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. PERFORMANCE BOND. If requested by a Participating Entity, Vendor will provide a performance bond that meets the requirements set forth in the Participating Entity’s order.
D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.
F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
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Attachment: National Auto Fleet Contract 060920 Site (3928 : Purchase - National Auto Fleet Group) 060920-NAF
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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Vendor will submit a check payable to Sourcewell for the administrative fee amount of $400 multiplied by the total number of trucks purchased by Participating Entities from Vendor under this Contract, and $200 multiplied by the number of trucks purchased by Participating Entities from Vendor’s partner dealer Alan Jay Automotive in Florida, during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than 45 calendar days after the end of each calendar quarter.
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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.
10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.
B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.
C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.
E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused
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by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.
12. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.
14. INDEMNIFICATION
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.
15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and
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promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.
16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
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17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.
19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
20. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without 30 days’ prior written notice to the Vendor.
Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within 10 days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.
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C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).
F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval.
21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.
22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
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operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work
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Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.
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F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right
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also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
24. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell 72 Hour LLC dba: National Auto Fleet Group
By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Director of Operations &
Procurement/CPO
Title: Fleet Manager
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Attachment: National Auto Fleet Contract 060920 Site (3928 : Purchase - National Auto Fleet Group) 12/29/22, 2:56 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/UpfitOnlyQuote/SSDPrint/22815 2/3 One Unit
Subtotal $110,900.00
Tax (7.7500 %) $8,594.75
Total $119,494.75
Jesse Cooper Quoting Department
National Fleet Manager Account Manager
Email: [email protected] [email protected] Office: (855) 289-6572 (855) 289-6572
Fax: (831) 480-8497
12/29/2022 Quote ID: 22815
Mr Bassam Alzammar
City of Colton
160 S. 10th St.
Colton, California, 92324
Dear Mr Bassam Alzammar,
National Auto Fleet Group is pleased to quote the following Sourced Item for your consideration. One (1) New/ Unused (Plumbers Depot Sourced Item Sourced Item + Handling) and delivered to your department yard, each for - per the attached specifications.
This
Sourced item is available under the Sourcewell Contract 060920-NAF. Please reference this Bid number on all purchase orders.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
Sincerely,
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Attachment: National Auto Fleet Group Quote (3928 : Purchase - National Auto Fleet Group) 12/29/22, 2:56 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/UpfitOnlyQuote/SSDPrint/22815 3/3
Purchase Order Instructions & Resources
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:
Email: [email protected]
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy confirmation for your order and a W-9 if needed.
Additional Resources
Learn how to track your vehicle: www.NAFGETA.com Use the upfitter of your choice: www.NAFGpartner.com Vehicle Status: [email protected] General Inquiries: [email protected]
For general questions or assistance please contact our main office at:
1-855-289-6572
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Attachment: National Auto Fleet Group Quote (3928 : Purchase - National Auto Fleet Group) Quote
Date
12/28/2022
Estimate #
29194
Name / Address
National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
Ship To
City of Colton
160 S.10th St.
Colton, CA 92324
PLUMBERS DEPOT INC.
3921 W. 139th Street
Hawthorne, CA 90250
Rep
Jose
Serial #
Signature and Na...
Fax #
(310)355-1711
Total
Subtotal
Sales Tax (0.0%)
Item Description Qty Price Total
PD-VALEW-DT Truck, Dump 5-7 Yard 1 104,900.00 104,900.00T 2023 Ford F750 4x2, 6.7L DSL, 270HP, A/T, A/C, P/S,
C/C, Tilt, 25,999GVW, Spring Suspension,
Hydraulic Brakes, 10’L, 10’ - 5/7 Dump Truck
Bassam Alzammar
909-953-5038
[email protected]
_____________________________________
$104,900.00
$104,900.00
$0.00
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Attachment: National Auto Fleet Group Quote (3928 : Purchase - National Auto Fleet Group)
ITEM NO. 16
STAFF REPORT
DATE: FEBRUARY 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HANK DOMINGUEZ, POLICE CHIEF
SUBJECT: APPROVE CITY MANAGER AUTHORITY TO ACCEPT 2022
JUSTICE ASSISTANCE GRANT AWARD (JAG) AND THE
ACCOMPANYING INTERLOCAL AGREEMENT, APPROVE
RESOLUTION AND PURCHASE OF OFF-HIGHWAY VEHICLE AND
RELATED EMERGENCY EQUIPMENT, RESOLUTION R-8-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve and adopt Resolution No. R-8-23, authorizing the acceptance of the 2022 Justice Assistance Grant Award (JAG) in the amount of $14,327 along with its accompanying Interlocal agreement with the County of San Bernardino and amending the FY2022 -23 Miscellaneous Grant Fund budget to accept the award.
2. Approval to purchase one OHV vehicle with this grant, and amend the FY2022 -23 budget to appropriate from reserve balance in the ViTeP Fund for the purchase of related emergency equipment relevant to OHV purchase.
BACKGROUND
The Justice Assistance Grant (JAG) is the provider of federal criminal justice funding to state and local jurisdictions. The formula for the distribution of funds is based on each city’s population, their part one crimes and direct allocation s to state and local governments. The City of Colton’s allocation has been determined to be $15,081 in which the County will retain 5% or $754 of the city’s allocation to administrate the distr ibution the funds, leaving the C ity $14,327.
These grant funds must be expended for law enforcement purposes only. The grant cannot be used to purchase weapons, ballistic vests, or to supplant equipment.
16 Packet Pg. 519
Staff Report to the Mayor and City Council
Grant - Justice Assistance Grant (JAG)
February 7, 2023
ISSUES/ANALYSIS
The Colton Police Department serves the City of Colton, California. The City of Colton has a population of approximately 55,000 people and covers a total of 24 square miles. Within the 24 square miles a large amount of that land consists of the Santa Ana Riverbed, the La Loma Hills, and Reche Canyon Hills. Within the incorporated City limits ar e the dunes around the railroad tracks that run east and west as well as north and south. The City of Colton is also known as the Hub City due to both the Santa Fe and Union Pacific railways connect. These areas are all accessed by dirt roads that are on ly accessible to 4X4 vehicles, dirt bikes or Off -Highway Vehicles (OHVs). Within the last several years the police department has observed an ever - increasing number of off-roaders that come into the City and go off-roading. All these properties are marked as “No Trespassing.” There are times when there are over 500 Razor type OHVs along with dirt bikes and quads in the riverbed. Numerous complaints have come in from residents in the surrounding area from all the recklessness that occurs due to off roade rs. In order to gain access to the area the off roaders have cut gates, chains, moved K -Rails, and driven over fences to use these protected lands as a recreational area for events and functions. Crime in these off-road areas have also grown to include h omicides, stabbings, rapes, drug charges, thefts, pursuits, and fights.
The Colton Police Department does not currently have an off highway/road detail where officers are assigned. The department on a seasonal basis does conduct enforcement by means of overtime assignments. Enforcement is usually conducted when working a multi -agency detail with the help of surrounding agencies to include San Bernardino County Sheriff’s Department, San Bernardino Police Department, Rialto Police Department, and Riverside Sheriff’s Department, along with the California Fish & Game Wardens.
The department had purchased two quads and two Enduro off road motorcycles approximately 15 years ago. However, due to the terrain we have had multiple injuries to officers on the Enduros and the quads which has caused the department to no longer use these vehicles for enforcement. The department is requesting the $14,327 allocated for the City of Colton to be used towards the purchase of an OHV. With the stability and better safety m easures of the new OHV, officers will be better equipped to deal with trespassers and their OHVs while maintaining a safe environment. The Colton Police Department will also assist other agencies if requested due to the specialty of the OHV.
In order to receive these funds, the City will enter into an agreement with the County of San Bernardino to administrate the distribution of the allocations upon their receipt. The County will retain 5% or $754 of the City’s allocation for this service, leaving the c ity $14,327. These funds must be utilized for law enforcement purposes only. In addition, staff is requesting to increase appropriations in the ViTeP Fund in the amount of $15,000 in account number 220 -6070-6089- 4910-0000-000 for the purchase of safety and emergency equipment related to this OHV purchase. Currently the FY 2022/23 Vehicle Impound Traffic Enforcement Program Fund (ViTeP) has sufficient reserve balance to appropriate the requested funding. The OHV will be 16 Packet Pg. 520
Staff Report to the Mayor and City Council
Grant - Justice Assistance Grant (JAG)
February 7, 2023
used in an enforcement capacity for traffic related violations, as well as community related events.
FISCAL IMPACTS
The budget for the City of Colton for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 was approved and adopted. Currently, the Vehicle Impound Traffic Enforcement Program Fund (ViTeP) has sufficient reserve balance to appropriate the requested funding . Staff recommends approving and adopting Resolution R-8-23 to:
1.) Amend the FY 2022/2023 Budget to increase Revenues in the Miscellaneous Grant Fund JAG Revenue Account GL 225-5890-023 in the amount of $14,327.00 to accept the grant award.
2.) Amend the FY 2022/2023 Budget to increase appropriations in the Miscellaneous Grant Fund Account GL 225 -6070-7004-4910-0000-023 for $14,327 for the purchase of an OHV vehicle.
3.) Amend the FY 2022/2023 budget to increase appropriations in the amount of $15,000 in ViTeP Fund Account N umber 220-6070-6089-2301-0000-000 for the purchase of safety equipment related to this OHV purchase.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. 3 OHV Vehicle Quotes
2. R-08-23 2022 Jag Grant OHV Resolution
3. 2022 JAG Grant Distribution List
4. JAG Grant 2022 Interlocal Award Agreement
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Attachment: 3 OHV Vehicle Quotes (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: 3 OHV Vehicle Quotes (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: 3 OHV Vehicle Quotes (3918 : Grant - Justice Assistance Grant (JAG))
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RESOLUTION NO. R-08-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
TO ACCEPT A GRANT IN THE AMMOUNT OF $14,327 FROM THE
2022 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG) AND AMEND THE 2022/2023 FISCAL BUDGET.
WHEREAS, The Budget for the City of Colton for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 was approved and adopted; and
WHEREAS, The approved budget is in accordance with all applicable ordinances of the City of Colton and all applicable statutes of the State; and
WHEREAS, On September 26, 2022 the Edward Byrne Memorial Justice grant was awarded to and disbursed by the county to the Colton Police Department in the amount of $14,327.
NOW, THEREFORE, BE IT RESOLVED, DECLARED, DETERMINED AND ORDERED by the City Council of the City of Colton, California, as follows:
Section 1. Amend the FY 2022/2023 Budget to increase Revenues in Miscellaneous Grant Fund JAG Revenue Account GL 225 -5890-023 in the amount of $14,327.00 to accept the grant award.
Section 2. Amend the FY 2022/2023 Budget to increase appropriations in the Miscellaneous Grant Fund Account GL 225 -6070-7004-4910-0000-023 for $14,327 for the OHV vehicle purchase.
Section 3 Amend the FY 2022/2023 budget to increase appropriations in the amount of $15,000 in account number 220 -6070-6089-2301-0000-000 for the purchase of safety equipment related to this OHV purchase.
Section 3. Enter into and accept the Interlocal agreement with the County of San Bernardino concerning the distribution of the 2022 E dward Byrne Memorial Justice Grant Award.
PASSED, A PPROVED AND ADOPTED THIS 7th DAY OF
FEBRUARY 2023.
FRANK NAVARRO
Mayor
ATTEST:
______________________________
CAROLINA R. PADILLA
City Clerk
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Attachment: R-08-23 2022 Jag Grant OHV Resolution (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: 2022 JAG Grant Distribution List (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
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Attachment: JAG Grant 2022 Interlocal Award Agreement (3918 : Grant - Justice Assistance Grant (JAG))
ITEM NO. 17
STAFF REPORT
DATE: FEBRUARY 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION AUTHORIZING THE
APPLICATION FOR A GRANT THROUGH THE CALIFORNIA
DEPARTMENT OF WATER RESOURCES, RESOLUTION NO. R-09-
23. RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve Resolution No. R-09-23 authorizing the grant application, acceptance, and execution for the completion of wells 32, 33; Citywide Smart Irrigation Controller Installation; and Washington Street Turf Removal Project.
BACKGROUND
On January 17 th the City Council approved a professional services agreement with Blais and Associates Grant Writing Services for completion of California Department of Water Resources Grant. The total grant request is $7,700,000.
The City of Colton Water Department has four eligible projects that meet the grant guidance:
1. Well Pu mping Plant 33 , located at the Rialto site , for construction and equipping all appurtenances required for a fully operational well - $3,200,000.
2. Well Pumping Plant 32, located at Rich Dauer Park, for construction and equipping all appurtenances required for a fully operational well - $3,200,000.
3. Weather Based Smart Irrigation Controller system installation - $300,000
4. Washington Median Turf Removal capital improvement project - $1,000,000
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Staff Report to the Mayor and City Council
Grant - California Department of Water Resources
February 7, 2023
As part of the grant requirement , the City must adopt a reso lution stating that the City of Colton intends to apply for grant funding from the California Department of Water Resources for the: 1) Completion of Wells 32 & 33; 2) Installation of city -wide SMART Irrigation Controllers; and 3) Turf Removal on Washingto n Street. The project is being implemented in response to a drought scenario, as defined by Water Code section 13198(a).
ISSUES/ANALYSIS
California Depa rtment of Water Resources requires a resolution adoption for all grant applications. Resolution No. R-09-23, once adopted, will meet the compliance requirement for the grant application.
FISCAL IMPACTS
There is no fiscal impact at this time. City staff will return to council if and when grant funds are awarded.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Resolution ColtonAuthorizingGrantApplication2-7-2023 17 Packet Pg. 552
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RESOLUTION NO. R-09-23
A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA
AUTHORIZING GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE COMPLETION OF WELLS 32 & 33; CITY -WIDE SMART IRRIGATION CONTROLLER INSTALLATION; AND WASHINGTON STREET TURF REMOVAL
PROJECTS
WHEREAS, the City of Colton proposes to implement the Completion of Wells 32 & 33; City-wide SMART Irrigation Controller Installation; and Washington Street Turf Removal projects; and,
WHEREAS, the City of Colton has the legal authority and is authorized to enter into a funding agreement with the State of California; and,
WHEREAS, the City of Colton intends to apply for grant funding from the California Department of Water Resources for the: 1) Completion of Wells 32 & 33; 2) Installation of city- wide SMART Irrigation Controllers; and 3) Turf Removal on Washington Street. The project is being implemented in response to a drought scenario, as defined by Water Code section 13198(a); and,
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1 That pursuant and subject to all of the terms and provisions of Budget Act of 2022, the City of Colton City Manager, or designee is hereby authorized and directed to prepare and file an application for funding with the Department of Water Resources and take such other actions as necessary or appropriate to obtain grant funding.
Section 2 The City of Colton City Manager or designee is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments thereto.
Section 3 The City of Colton City Manager or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding.
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Attachment: Resolution ColtonAuthorizingGrantApplication2-7-2023 (3920 : Grant - California Department of Water Resources)
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PASSED, APPROVED AND ADOPTED THIS 7 DAY OF February 2023.
__________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__________________________________
CAROLINA R. PADILLA
City Clerk
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Attachment: Resolution ColtonAuthorizingGrantApplication2-7-2023 (3920 : Grant - California Department of Water Resources)