Docusign Envelope ID: 2F43E428-5A9C-4F97-9885-40CBDA24D9F8 set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Two Hundred and Eighty Thousand Dollars ($280,000.00) per fiscal year ("Total Compensation") without written approval of City's Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the Term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Contractor and its subcontractors shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Contractor and its subcontractors shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations ("DIR"). Beginning April 1, 2015, no contractor or subcontractor may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor's principal place of business and at the Project site. It is most efficient for the Contractor to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Contractor may obtain a CA\DD\02000.50102\10151745.3
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Docusign Envelope ID: 2F43E428-5A9C4F97-9885-40CBDA24D9F8 copy of the prevailing wages from the City's Representative. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6 Apprenticeable Crafts. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Contractor shall comply with the provisions of Section 1777 .5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Contractor employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:
CA\DD\02000.50102\10151745.3
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Contractor:
HCI Environmental & Engineering Service
1680 Commerce Street
Corona, CA 92880
Attn: Gregory Parker
12 (CITY ATTY: 07-17)
Docusign Envelope ID: 2F43E428-5A9C4F97-9885-40CBDA24D9F8 City:
City of Corona
400 South Vicentia A venue
Corona, CA 92882
Attn: Captain Chad Fountain, Corona Police Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification. To the fullest extent permitted by law, Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, or volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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Docusign Envelope ID: 2F43E428-5A9C4F97-9885-40CBDA24D9F8
3.5.5 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.6.1 Subcontractors; Assignment or Transfer. Contractor shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Contractor shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or take any other action not authorized herein shall be null and void, and any subcontractors, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.
3.5.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.12 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely CA\DD\02000.50102\10151745.3
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Docusign Envelope ID: 2F43E428-5A9C4F97-9885-40CBDA24D9F8 for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.13 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.14 Attorney's Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3 .5 .16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3 .5 .17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.
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[SIGNATURES ON NEXT 2 PAGES]
15 (CITY ATTY: 07-17)
Docusign Envelope ID: 2F43E428-5A9C-4F97-9885-40CBDA24D9F8
CITY'S SIGNATURE PAGE FOR
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH HCI ENVIRONMENTAL & ENGINEERING SERVICE
(HAZARDOUS WASTER DISPOSAL SERVICES - CITY OF CORONA HOMELESS
ENCAMPMENT CLEAN-UP PROJECT)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
CITY OF CORONA
By:
Jacob Ellis
City Manager
Reviewed By: __________ _
Jason Perez
Police Captain
Reviewed By: __________ _
Amanda Andrade
Management Analyst II
Reviewed By: __________ _
Nicole McDaniel
Assistant to the City Manager/ Acting Purchasing Manager Attest:
Sylvia Edwards
City Clerk
CA\DD\02000.50102\10151745.3
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Docusign Envelope ID: 2F43E428-5A9C-4F97-9885-40CBDA24D9F8
CONTRACTOR'S SIGNATURE PAGE FOR
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH HCI ENVIRONMENTAL & ENGINEERING SERVICE
(HAZARDOUS WASTER DISPOSAL SERVICES - CITY OF CORONA HOMELESS
ENCAMPMENT CLEAN-UP PROJECT)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
HCI ENVIRONMENTAL & ENGINEERING SERVICE
a Nevada corporation
By:
By:
Gregory J. Parker
President
C. Robert Guy
Secretary/Treasurer
Reviewed By: __________ _
Cathie Curtis
Manager of Marketing & Contracts
CA\DD\02000.50102\10151745.3
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Docusign Envelope ID: 2F43E428-5A9C4F97-9885-40CBDA24D9F8 EXHIBIT "A"
SCOPE OF SERVICES
Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional homeless encampment clean up services maintenance or other general services necessary for the Project ("Services"). The Services are more particularly described herein.
The Contractor shall ensure that all hazardous materials are handled and disposed of in strict accordance with federal, state, and local regulations-minimizing environmental impact through industry-best practices.
Contractor is to provide all materials, labor and equipment required to remove and legally dispose of all trash and debris located at homeless encampment sites.
Trash and debris to be deposed of at a legal receiving site such as the El Sobrante Landfill.
Contractor to provide weight tickets of disposal or supporting documentation of amounts of trash/debris disposed of and location of disposal site.
Work Hours / Response Time
Work shall typically be performed between the hours of7:00 AM and 5:00 PM-Monday through Friday. Some public facilities and/or onsite locations may require work to be performed after normal business hours.
Contractor providing services (as contrasted with those providing materials only) shall be available to respond to City requests for service 24 hours per day, seven days per week, with the following response times:
• Response to non-emergency work requests shall be within 2 business days. • On-site response to emergency work requests shall be within 1 hour.
If the Contractor encounters any homeless residents while performing services on the project, Do Not Engage the individual instead contact the City Representative.
These services may be requested by, but are not limited to, the following departments:
• Public Works Department
• Community Services Department
• Police Department
CA\DD\02000.50102\10151745.3
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Docusign Envelope ID: 2F43E428-5A9C4F97-9885-40CBDA24D9F8 EXHIBIT "B"
SCHEDULE OF SERVICES
Contractor shall complete the Services within the Term of this Agreement, and shall meet any other reasonable schedules and deadlines established by City's Representative.
The contract term shall be effective from the date in Section 3.1.2, Term through June 30, 2027 with four ( 4) additional option year renewal periods, on an as-needed basis, with no guaranteed usage for on-call hazardous material clean-up and removal services. Pricing shall remain effective and in force for the entire initial contract term. City reserves the right to exercise option year renewals in its sole discretion. Subsequent contract term extensions, if exercised by the City, are as follows:
• Option 1, if exercised, shall be effective July 1, 2027 through June 30, 2028 • Option 2, if exercised, shall be effective July 1, 2028 through June 30, 2029 • Option 3, if exercised, shall be effective July 1, 2029 through June 30, 2030 • Option 4, if exercised, shall be effective July 1, 2030 through June 30, 2031 Option year pricing shall be negotiated by the Parties prior to commencement of each additional one (1) year period. Negotiated price adjustments will be made in accordance with and shall not exceed the percentage of change in the United States Bureau of Labor Statistics Consumer Price Index "All Urban Consumers for Riverside, California, Area (CPI-U), not seasonally adjusted, for the most recent twelve (12) months for which statistics are available. This method of price adjustment shall apply to each extension period exercised. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order.
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Docusign Envelope ID: 2F43E428-5A9C-4F97-9885-40CBDA24D9F8 EXHIBIT "C"
COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein.
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CA\DD\02000.50102\10151745.3
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CA\DD\02000.50102\10151745.3
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REV. 3.3.6 - PTEAM 12292023
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REV. 3.3.6 - PTEAM 12292023
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Docusign Envelope ID: 2F43E428-5A9C-4F97-9885-40CBDA24D9F8 Each Dunna..,e \Vood {2x6x8) $20.00
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Contractor agrees to provide all necessary backup documentation for all other as-needed labor and materials.
Other a -needed materials: Cost+ 25 %,
Other as-needed labor: Cost+ 25 %
Pursuant to Section. 3.2.12 Bonds, payment and performance bonds will not be required ,_ CA\DD\02000.50102\10151745.3
REV. 3.3.6 - PTEAM 12292023
25 (CITY ATTY: 07-17)
DATE: 02/18/2026
TO: Honorable Mayor and City Council Members
FROM: Community Services Department
2026-42
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
INNOVATION CENTER AND ADULT READING AREA FURNITURE PURCHASE WITH YAMADA ENTERPRISES IN THE AMOUNT OF $199,410.33
EXECUTIVE SUMMARY:
This staff report asks the City Council to approve the purchase of furniture for the Innovation Center and Adult Reading Area at the Corona Public Library in the amount of $199,410.33. The Innovation Center is funded by a $2.5 million State grant secured by the Economic Development Department. Staff collaborated with Yamada Enterprises to select new, flexible furnishings for the Innovation Center and Adult Reading Area. These furnishings will create a cohesive, modern aesthetic while supporting flexible use of the spaces.
RECOMMENDED ACTION:
That the City Council:
a. Determine under Corona Municipal Code 3.08.125(A) that competitive bidding has been satisfied as provided for in the “Basis for Determination of Competitive Bidding” section of this agenda report.
b. Authorize the City Manager, or his designee, to issue a purchase order with Yamada Enterprises for the Innovation Center and Adult Reading Area furniture at the Corona Public Library in the amount of $199,410.33.
BACKGROUND & HISTORY:
In 2023, the City of Corona received $2.5 million in grant funding from the California Governor’s Office of Business and Economic Development (Go-Biz) to develop an Innovation Center. An Innovation Center is a dedicated space designed to foster creativity, collaboration, and development. These centers provide resources and services to the community, helping businesses, residents, and students to innovate and develop new products or services. Staff worked with representatives from Yamada Furniture to create a new and modern look for both the Innovation Center and the Adult Reading Area to ensure the entire area provides an aesthetic that promotes creativity and collaboration.
Pursuant to the grant agreement, Corona’s Innovation Center will offer business services, events, training, and entrepreneurship development opportunities. It will also serve as a hub for innovation and will place emphasis on youth as it pertains to career pathways and introduction to STEM industries. Some eligible expenses allowed under this grant include building renovations and related expenses, equipment, and furniture. This project supports the City’s Strategic Plan to develop a Strong Economy by supporting local businesses, providing opportunities for new businesses, and ensuring there are opportunities for job seekers. The City Council approved acceptance and appropriation of the full amount of this grant to the Corona Innovation Center, Capital Improvement Project No. FC-2023-10 (previously Project No. 71700) within the Reimbursement Grants Fund 480 at its meeting of May 3, 2023. The full grant amount must be expended by June 30, 2026.
ANALYSIS:
Staff worked collaboratively with Yamada Enterprises to develop a flexible furniture layout that adapts and shifts as programming and user needs evolve. The Innovation Center and MakerSpace will be equipped with adjustable tables and chairs, movable couches and lounge seating, and welcome/information desks. The Adult Reading Area will feature flexible seating options, including individual study areas and group gathering spaces.
As the Library plays a central role in the Downtown Revitalization Plan, increased patron visitation is anticipated. The modernized design of the Library and the integration of Innovation Center elements throughout the building will encourage higher use and position the Library as an active participant in downtown activation. This approach supports revitalization efforts at the intersection of Main Street and 6th Street and helps activate all four corners of this historic area.
The total cost of the furniture is $199,410.33 and includes tax, delivery, and installation.
Detailed layouts and furniture selections for the Innovation Center, MakerSpace, and Adult Reading Area are provided in Exhibit 1: Yamada Enterprises Furniture Proposal.
Basis for Determination of Competitive Bidding
The City pursues cooperative purchasing agreements to save time, reduce administrative costs, enhance operational efficiency, and stretch budget resources through competitively negotiated pricing. By using cooperative purchasing, the City leverages a solicitation previously conducted by another government agency, enabling the City to take
advantage of a vetted and competitively awarded contract. Section 3.08.125(A) of the Corona Municipal Code (CMC) states:
Competitive bidding already completed. When the purchasing agent and the authorized contracting party, with the approval of the City Manager, determines that:
1. A competitive bid procedure has been conducted by another public agency, including, but not limited to, another local agency, the state through the California Multiple Award Schedule (CMAS), the federal government through the General Services Administration (GSA), the U.S. Communities Government Purchasing Alliance, or the Western States Contracting Alliance (WSCA); and
2. The price to the City is equal to or better than the price to that public agency."
Yamada Enterprises holds a cooperative agreement with The Interlocal Purchasing System (TIPS) (contract #220303). Based on the bid process previously conducted by TIPS, staff is requesting approval to purchase the Innovation Center and Adult Reading Area furniture through the Yamada TIPS cooperative agreement.
FINANCIAL IMPACT:
Funding for the recommended actions is available in the Corona Innovation Center, Capital Improvement Project No. FC-2023-10 within the Reimbursement Grants Fund 480. There are sufficient funds in the project balance to cover this purchase. There is no additional financial impact associated with this recommended action.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This staff report seeks City Council approval for the purchase of library furniture and there is no possibility that approving this agreement will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: DANIELL WHITTINGTON, LIBRARY MANAGER
REVIEWED BY: DONNA FINCH, COMMUNITY SERVICES DIRECTOR
ATTACHMENT:
1. Exhibit 1 – Yamada Enterprises Furniture Proposal
2. Exhibit 2 – TIPS Cooperative Agreement with Yamada Enterprises (contract #220303)
TIPS Vendor Agreement 021522_sr Page 1
TIPS VENDOR AGREEMENT
Between_____________ and
(Company Name)
THE INTERLOCAL PURCHASING SYSTEM (TIPS),
a Department of Texas Education Service Center Region 8 for TIPS RFP 220303 Furniture, Furnishings and Services
General Information
The Vendor Agreement (“Agreement”) made and entered into by and between The Interlocal Purchasing System (hereinafter “TIPS”) a government cooperative purchasing program authorized by the Region 8 Education Service Center, having its principal place of business at 4845 US Hwy 271 North, Pittsburg, Texas 75686 and the TIPS Vendor. This Agreement consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth shall control unless otherwise agreed by the parties in writing and by signature and date on the attachment.
A Purchase Order (“PO”), Agreement or Contract is the TIPS Member’s approval providing the authority to proceed with the negotiated delivery order under the Agreement. Special terms and conditions as agreed between the Vendor and TIPS Member should be added as addendums to the Purchase Order, Agreement or Contract. Items such as certificate of insurance, bonding requirements, small or disadvantaged business goals are some, but not all, of the possible addendums.
Terms and Conditions
Freight
All quotes to Members shall provide a line item for cost for freight or shipping regardless if there is a charge or not. If no charge for freight or shipping, indicate by stating “No Charge”, “$0”, “included in price” or other similar indication. Otherwise, all shipping, freight or delivery changes shall be passed through to the TIPS Member at cost with no markup and said charges shall be agreed by the TIPS Member unless alternative shipping terms are agreed by TIPS as a result of the proposal award. Shipping method is determined by the vendor and the Member/Customer at the time of the quote/purchase by the Member/Customer and satisfactory shipping methods and costs are agreed upon at that time.
Warranty Conditions
All new supplies equipment and services shall include manufacturer's minimum standard warranty unless otherwise agreed to in writing. Vendor shall be legally permitted to sell all products offered for sale to TIPS Members if the offering is included in the Request for Proposal (“RFP”) category. All goods proposed and sold shall be new unless clearly stated in writing.
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TIPS Vendor Agreement 021522_sr Page 2
Customer Support
The Vendor shall provide timely and accurate customer support for orders to TIPS Members as agreed by the Parties. Vendors shall respond to such requests within a commercially reasonable time after receipt of the request. If support and/or training is a line item sold or packaged with a sale, support shall be as agreed with the TIPS Member.
Agreements
Agreements for purchase will normally be put into effect by means of a contract, agreement, or purchase order(s) executed by authorized agents of the TIPS Member participating government entities, but other means of placing an order may be used at the Member’s discretion. Vendor accepts and understands that when a purchase order or similar purchase document is sent from a customer through TIPS to the Vendor, TIPS is recording the purchase and verifying whether the purchase is within the parameters of the TIPS Contract only. Vendor agrees that TIPS is not a legal party to the purchase order or similar purchase document and TIPS is not responsible for identifying fraud, mistakes, or misrepresentations for the specific order. Vendor agrees that any purchase order or similar purchase document issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. A Vendor that accepts a purchase order or similar purchase document and fulfills an order, even when processed through TIPS, is representing that the vendor has carefully reviewed the purchase order or similar purchase document for legality, authenticity, and accuracy.
Tax exempt status
Most TIPS Members are tax exempt and the related laws and/or regulations of the controlling jurisdiction(s) of the TIPS Member shall apply.
Assignments of Agreements
No assignment of this Agreement may be made without the prior notification of TIPS. Written approval of TIPS shall not be unreasonably withheld. Payment for delivered goods and services can only be made to the awarded Vendor, Vendor designated reseller or vendor assigned company, where permitted by TIPS.
Disclosures
x Vendor and TIPS affirm that they, or any authorized employees or agents, have not given, offered to give, nor intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this Agreement. x Vendor shall attach, in writing, a complete description of any and all relationships that might be considered a conflict of interest in doing business with the TIPS program. x The Vendor affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this Agreement.
Term of Agreement and Renewals
The Agreement with TIPS is for approximately five years with an option for renewal for an additional one consecutive year. If TIPS offers the renewal extension year, the Vendor will be notified by email to the primary contact of the awarded Vendor and shall be deemed accepted by the Vendor unless the awarded Vendor notifies TIPS of its objection to the additional term in writing. TIPS may or may not exercise some or all of the available
TIPS Vendor Agreement 021522_sr Page 3
extension(s) provided in the original solicitation beyond the base five-year term. Whether or not to offer some or all of the extension is at the sole discretion of TIPS. “Start Date” for Term Calculation Purposes Only: Regardless of actual award/effective date of Contract, for Agreement “term” calculation purposes only, the Agreement “Start Date” is the last day of the month that “Award Notifications” are anticipated as published in the Solicitation.
Example: In this example, if the anticipated “Award Date” published in the Solicitation is May 22, 2022, but extended negotiations delay award until June 27, 2022, the end date of the resulting initial “five-year” term, (which is subject to an extension(s)) will still be May 31, 2027 for purposes of this example. “Termination Date”: The scheduled Agreement “termination date” shall be the last day of the month of the month of the original solicitation’s anticipated “Award Date” plus five years.
Example: In this example, if the original term is approximately five years, and the solicitation provides an anticipated award date of May 22, 2022, the expiration date of the original five-year term shall be May 31, 2027 for purposes of this example.
Extensions: Any extensions of the original term shall begin on the next day after the day the original term expires unless otherwise specified.
Example Following the Previous Example: In this example, if TIPS offers a one-year extension, the expiration of the extended term shall be May 31, 2028 unless otherwise specified.
TIPS may offer to extend Vendor Agreements to the fullest extent the original Solicitation permits.
Automatic Renewal Clauses Incorporated in Awarded Vendor Agreements with TIPS Members Resulting from the Solicitation and with the Vendor Named in this Agreement.
No Agreement for goods or services with a TIPS Member by the awarded vendor named in this Agreement that results from the solicitation award named in this Agreement, may incorporate an automatic renewal clause that exceeds month to month terms with which the TIPS Member must comply. All renewal terms incorporated in an Agreement by the vendor with the TIPS Member shall only be valid and enforceable when the vendor receives written confirmation by purchase order, executed Agreement or other written instruction issued by the TIPS Member for any renewal period. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement during a period in which the governing body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. This term is not negotiable and any Agreement between a TIPS Member and a TIPS awarded vendor with an automatic renewal clause that conflicts with these terms is rendered void and unenforceable.
Shipments
The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shall provide an estimated time for completion of the order. TIPS or the requesting entity may cancel the order if estimated delivery time is not acceptable or not as agreed by the parties.
Invoices
Each invoice or pay request shall include the Vendor’s TIPS Contract number, the TIPS Member’s purchase
TIPS Vendor Agreement 021522_sr Page 4
order number or other identifying designation as provided in the order by the TIPS Member. If applicable, the shipment tracking number or pertinent information for verification of TIPS Member receipt shall be made available upon request.
Payments
The TIPS Member will make payments directly to the Vendor, the Vendor Assigned Dealer or as agreed by the Vendor and the TIPS Member after receiving invoice and in compliance with applicable payment statute(s), whichever is the greater time or as otherwise provided by an agreement of the parties.
Pricing
Price increases will be honored according to the terms of the solicitation and vendor proposal. All pricing submitted to TIPS shall include the participation fee, as provided in the solicitation, to be remitted to TIPS by the Vendor. Vendor will not show adding the fee to the invoice presented to TIPS Member customer.
Participation Fees and Reporting of Sales to TIPS by Vendor The Participation Fee that was published as part of the Solicitation and the fee published is the legally effective fee, along with any fee conditions stated in the Solicitation. Collection of the fees by TIPS is required under Texas Government Code §791.011 Et seq. Fees are due on all TIPS purchases reported by either Vendor or Member. Fees are due to TIPS upon payment by the Member to the Vendor, Reseller or Vendor Assigned Dealer. Vendor, Reseller, or Vendor Assigned Dealer agrees that the participation fee is due to TIPS for all Agreement sales immediately upon receipt of payment including partial payment, from the Member Entity and must be paid to TIPS at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently, or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS.
Thus, when an awarded Vendor, Reseller or Vendor Assigned Dealer receives any amount of payment, even partial payment, for a TIPS sale, the legally effective fee for that amount is immediately due to TIPS from the Vendor and fees due to TIPS should be paid at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently.
Reporting of Sales to TIPS by Vendor
Vendor is required to report all sales under the TIPS contract to TIPS. When a public entity initiates a purchase with a TIPS Awarded Vendor, if the Member inquires verbally or in writing whether the Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether or not the Member is seeking a TIPS purchase. Once verified, the Vendor must include the TIPS Contract number on any communications and related sales documents exchanged with the TIPS Member entity. To report sales, the Vendor must login to the TIPS Vendor Portal online at https://www.tips-usa.com/vendors_form.cfm and click on the PO’s and Payments tab. Pages 3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ’s for more information about reporting sales and if you have further questions, contact the Accounting Team at [email protected]. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS.
Failure to properly report or render the participation fee to TIPS shall constitute a breach of this agreement with our parent governmental entity, Texas Education Service Center Region 8, as established by the Texas legislature and shall be grounds for termination of this agreement and any other agreement held with TIPS and possible legal action. Any overpayment of participation fees to TIPS by a Vendor will be refunded to the Vendor within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration of six (6) months from the date of overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this agreement and applicable law. It is the Vendor’s responsibility to identify which sales are TIPS Agreement sales and pay the correct participation fee due for TIPS Agreement sales. Any notification of overpayment received by TIPS after the expiration of six (6) months
TIPS Vendor Agreement 021522_sr Page 5
from the date of overpayment will be non-refundable. Region 8 ESC and TIPS reserve the right to extend the six (6) month deadline to notify if approved by the Region 8 ESC Board of Directors. TIPS reserves all rights under the law to collect the fees due. Please contact TIPS at [email protected] or call (866) 839-8477 if you have questions about paying fees.
Indemnity
The Vendor agrees to indemnify and hold harmless and defend TIPS, TIPS Member(s), officers and employees from and against all claims and suits by third parties for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and reasonable attorney’s fees, arising out of, or resulting from, Vendor’s performance under this Agreement, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or invitees. Parties found liable shall pay their proportionate share of damages as agreed by the parties or as ordered by a court of competent jurisdiction over the case. NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per Texas Education Code §44.032(f), and pursuant to its requirements only, reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation.
State of Texas Franchise Tax
By signature hereon, the Vendor hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.
Miscellaneous
The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.
Purchase Order Pricing/Product Deviation
If a deviation of pricing/product on a Purchase Order or contract modification occurs between the Vendor and the TIPS Member, TIPS must be notified within five (5) business days of receipt of change order.
Termination for Convenience of TIPS Agreement Only
TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30) days prior written notice. Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 if the customer is using federal funds for the procurement. All purchase orders presented to the Vendor, but not fulfilled by the Vendor, by a TIPS Member prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. The awarded Vendor may terminate the agreement with ninety (90) days prior written notice to TIPS 4845 US Hwy North, Pittsburg, Texas 75686.
The vendor will be paid for goods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and conditions of the terminated agreement.
This termination clause does not affect the sales agreements executed by the Vendor and the TIPS Member customer pursuant to this agreement. TIPS Members may negotiate a termination for convenience clause that meets the needs of the transaction based on applicable factors, such as funding sources or other needs.
TIPS Vendor Agreement 021522_sr Page 6
TIPS Member Purchasing Procedures
Usually, purchase orders or their equal are issued by participating TIPS Member to the awarded vendor and should indicate on the order that the purchase is per the applicable TIPS Agreement Number. Orders are typically emailed to TIPS at [email protected].
• Awarded Vendor delivers goods/services directly to the participating member. • Awarded Vendor invoices the participating TIPS Member directly. • Awarded Vendor receives payment directly from the participating member. • Fees are due to TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment, from the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS.
Licenses
Awarded Vendor shall maintain, in current status, all federal, state and local licenses, bonds and permits required for the operation of the business conducted by awarded Vendor. Awarded Vendor shall remain reasonably fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of goods or services under the Agreement. TIPS and TIPS Members reserves the right to stop work and/or cancel an order or terminate this or any other sales Agreement of any awarded Vendor whose license(s) required for performance under this Agreement have expired, lapsed, are suspended or terminated subject to a 30-day cure period unless prohibited by applicable statue or regulation.
Novation
If awarded Vendor sells or transfers all assets, rights or the entire portion of the assets or rights required to perform this Agreement, a successor in interest must guarantee to perform all obligations under this Agreement. A simple change of name agreement will not change the Agreement obligations of awarded vendor. TIPS will consider Contract Assignments on a case by case basis. TIPS must be notified within five (5) business days of the transfer of assets or rights.
Site Requirements (only when applicable to service or job) Cleanup: When performing work on site at a TIPS Member’s property, awarded Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by TIPS Member or as agreed by the parties. Upon completion of work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition.
Preparation: Awarded Vendor shall not begin a project for which TIPS Member has not prepared the site, unless awarded Vendor does the preparation work at no cost, or until TIPS Member includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre-installation requirements.
Registered sex offender restrictions: For work to be performed at schools, awarded Vendor agrees that no employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are, or reasonably expected to be, present unless otherwise agreed by the TIPS Member. Awarded Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the TIPS Member’s discretion. Awarded Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge.
TIPS Vendor Agreement 021522_sr Page 7
Safety Measures
Awarded Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.
Smoking
Persons working under Agreement shall adhere to the TIPS Member’s or local smoking statutes, codes or policies.
Marketing
Awarded Vendor agrees to allow TIPS to use their name and logo within TIPS website, marketing materials and advertisement subject to any reasonable restrictions provided to TIPS in the Proposal to the Solicitation. The Vendor may submit an acceptable use directive for Vendor’s names and logos with which TIPS agrees to comply. Any use of TIPS name and logo or any form of publicity, inclusive of press release, regarding this Agreement by awarded vendor must have prior approval from TIPS which will not be unreasonably withheld. Request may be made by email to [email protected].
Supplemental Agreements
The TIPS Member entity participating in the TIPS Agreement and awarded Vendor may enter into a separate Supplemental Agreement or contract to further define the level of service requirements over and above the minimum defined in this Agreement such as but not limited to, invoice requirements, ordering requirements, specialized delivery, etc. Any Supplemental Agreement or contract developed as a result of this Agreement is exclusively between the TIPS Member entity customer and the Vendor. TIPS, its agents, TIPS Members and employees not a party to the Supplemental Agreement with the TIPS Member customer, shall not be made party to any claim for breach of such agreement unless named and agreed by the Party in question in writing in the agreement. If a Vendor submitting a Proposal requires TIPS and/or TIPS Member to sign an additional agreement, those agreements shall comply with the award made by TIPS to the Vendor. Supplemental Vendor’s Agreement documents may not become part of TIPS’ Agreement with Vendor unless and until an authorized representative of TIPS reviews and approves it. TIPS review and approval may be at any time during the life of this Vendor Agreement. TIPS permits TIPS Members to negotiate additional terms and conditions with the Vendor for the provision of goods or services under the Vendor’s TIPS Agreement so long as they do not materially conflict with this Agreement.
Survival Clause
All applicable sales, leases, Supplemental Agreements, contracts, software license agreements, warranties or service agreements that were entered into between Vendor and TIPS or the TIPS Member Customer under the terms and conditions of this Agreement shall survive the expiration or termination of this Agreement. All Orders, Purchase Orders issued or contracts executed by TIPS or a TIPS Member and accepted by the Vendor prior to the expiration or termination of this agreement, shall survive expiration or termination of the Agreement, subject to previously agreed terms and conditions agreed by the parties or as otherwise specified herein relating to termination of this agreement.
Legal obligations
It is the responding Vendor’s responsibility to be aware of and comply with all local, state and federal laws governing the sale of products/services identified in the applicable Solicitation that resulted in this Vendor Agreement and any awarded Agreement thereof. Applicable laws and regulations must be followed even if
TIPS Vendor Agreement 021522_sr Page 8
not specifically identified herein.
Audit rights
Due to transparency statutes and public accountability requirements of TIPS and TIPS Members’, the awarded Vendor shall, at their sole expense, maintain appropriate due diligence of all purchases made by TIPS Member that utilizes this Agreement. TIPS and Region 8 ESC each reserve the right to audit the accounting of TIPS related purchases for a period of three (3) years from the time such purchases are made.
This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. In order to ensure and confirm compliance with this agreement, TIPS shall have authority to conduct audits of Awarded Vendor’s pricing or TIPS transaction documentation with TIPS Members with 30 days’ notice unless the audit is ordered by a Court Order or by a Government Agency with authority to do so without notice. Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially inconsistent with the pricing under this agreement, TIPS shall have the ability to conduct the audit internally or may engage a third- party auditing firm to investigate any possible non- compliant conduct or may terminate the Agreement according to the terms of this Agreement. In the event of an audit, the requested materials shall be reasonably provided in the time, format and at the location acceptable to Region 8 ESC or TIPS. TIPS agrees not to perform a random audit the TIPS transaction documentation more than once per calendar year, but reserves the right to audit for just cause or as required by any governmental agency or court with regulatory authority over TIPS or the TIPS Member.
Force Majeure
If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.
Choice of Law
The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles.
Venue, Jurisdiction and Service of Process
Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Titus County, Texas.
TIPS Vendor Agreement 021522_sr Page 9
Project Delivery Order Procedures
The TIPS Member having approved and signed an interlocal agreement, or other TIPS Membership document, may make a request of the awarded Vendor under this Agreement when the TIPS Member desires goods or services awarded to the Vendor. Notification may occur via phone, the web, courier, email, fax, or in person. Upon notification of a pending request, the awarded Vendor shall acknowledge the TIPS Member’s request as soon as possible, but must make contact with the TIPS Member within two working days.
Status of TIPS Members as Related to Vendors Contract Information TIPS Members stand in the place of TIPS as related to this agreement and have the same access to the proposal information and all related documents. TIPS Members have all the same rights under the awarded Agreement as TIPS.
Vendor’s Resellers as Related to This Agreement
Vendor’s Named Resellers (“Resellers”) under this Agreement shall comply with all terms and conditions of this agreement and all addenda or incorporated documents. All actions related to sales by Authorized Vendor’s Resellers under this Agreement are the responsibility of the awarded Vendor. If Resellers fail to report sales to TIPS under your Agreement, the awarded Vendor is responsible for their contractual failures and shall be billed for the fees. The awarded Vendor may then recover the fees from their named reseller as the law allows.
Support Requirements
If there is a dispute between the awarded Vendor and TIPS Member, TIPS or its representatives may, at TIPS sole discretion, assist in conflict resolution if requested by either party. TIPS, or its representatives, reserve the right to inspect any project and audit the awarded Vendor’s TIPS project files, documentation and correspondence related to the requesting TIPS Member’s order. If there are confidentiality requirements by either party, TIPS shall comply to the extent permitted by law.
Incorporation of Solicitation
The TIPS Solicitation which resulted in this Vendor Agreement, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, or other, the Vendor’s response to same, and all associated documents and forms made part of the solicitation process, including any addenda, are hereby incorporated by reference into this Agreement as if copied verbatim.
SECTION HEADERS OR TITLES
THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT.
STATUTORY REQUIREMENTS
Texas governmental entities are prohibited from doing business with companies that fail to certify to this condition as required by Texas Government Code Sec. 2270.
By executing this agreement, you certify that you are authorized to bind the undersigned Vendor and that your company (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
You certify that your company is not listed on and does not and will not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas
TIPS Vendor Agreement 021522_sr Page 10
Gov't Code 2270.0153 found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf You certify that if the certified statements above become untrue at any time during the life of this Agreement that the Vendor will notify TIPS within three (3) business day of the change by a letter on Vendor’s letterhead from and signed by an authorized representative of the Vendor stating the non-compliance decision and the TIPS Agreement number and description at:
Attention: General Counsel
ESC Region 8/The Interlocal Purchasing System (TIPS)
4845 Highway 271 North
Pittsburg, TX,75686
And by an email sent to [email protected]
Insurance Requirements
The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract Holders:
General Liability $1,000,000 each Occurrence/ Aggregate Automobile Liability $300,000 Includes owned, hired & non-owned Workers' Compensation Statutory limits for the jurisdiction in which the Vendor performs under this Agreement.
Umbrella Liability $1,000,000
When the Vendor or its subcontractors are liable for any damages or claims, the Vendor’s policy, when the Vendor is responsible for the claim, must be primary over any other valid and collectible insurance carried by the Member. Any immunity available to TIPS or TIPS Members shall not be used as a defense by the contractor's insurance policy. The coverages and limits are to be considered minimum requirements and in no way limit the liability of the Vendor(s). Insurance shall be written by a carrier with an A-; VII or better rating in accordance with current A.M. Best Key Rating Guide. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor’s required minimum coverage shall not be suspended, voided, cancelled, non-renewed or reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing.
Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member.
Special Terms and Conditions
• Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tipsusa.com. Should a TIPS Member send an order directly to the Vendor, it is the Vendor’s responsibility to forward a copy of the order to TIPS at the email above within 3 business days and confirm its receipt with TIPS.
• Vendor Encouraging Members to bypass TIPS agreement: Encouraging TIPS Members to purchase directly from the Vendor or through another agreement, when the Member has requested using the TIPS cooperative Agreement or price, and thereby bypassing the TIPS Agreement is a violation of the terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS
TIPS Vendor Agreement 021522_sr Page 11
Program.
• Order Confirmation: All TIPS Member Agreement orders are approved daily by TIPS and sent to the Vendor. The Vendor should confirm receipt of orders to the TIPS Member (customer) within 3 business days.
• Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, updated pricing when effective. TIPS shall be notified when prices change in accordance with the award. • Back Ordered Products: If product is not expected to ship within the time provided to the TIPS Member by the Vendor, the Member is to be notified within 3 business days and appropriate action taken based on customer request.
The TIPS Vendor Agreement Signature Page is inserted here.
David Fitts
Executive Director
5-19-2022
NOTICE TO MEMBERS REGARDING ATTRIBUTE RESPONSES
TIPS VENDORS RESPOND TO ATTRIBUTE QUESTIONS AS PART OF TIPS COMPETITIVE SOLICITATION PROCESS. THE VENDOR’S RESPONSES TO ATTRIBUTE QUESTIONS ARE INCLUDED HEREIN AS “SUPPLIER RESPONSE.” PLEASE BE ADVISED THAT DEVIATIONS, IF ANY, IN VENDOR’S RESPONSE TO ATTRIBUTE QUESTIONS MAY NOT REFLECT VENDOR’S FINAL ATTRIBUTE RESPONSE, WHICH IS SUBJECT TO NEGOTIATIONS PRIOR TO AWARD. PLEASE CONTACT THE TIPS OFFICE AT 866-839- 8477 WITH QUESTIONS OR CONCERNS REGARDING VENDOR ATTRIBUTE RESPONSE DEVIATIONS. PLEASE KEEP IN MIND THAT TIPS DOES NOT PROVIDE LEGAL COUNSEL TO MEMBERS. TIPS RECOMMENDS THAT YOU CONSULT YOUR LEGAL
COUNSEL WHEN EXECUTING CONTRACTS WITH OR MAKING PURCHASES FROM TIPS VENDORS.
220303
Yamada Enterprises
J.K. Miklin, Inc.
Supplier Response
Event Information
Number: 220303
Title: Furniture, Furnishings and Services
Type: Request for Proposal
Issue Date: 3/3/2022
Deadline: 4/18/2022 03:00 PM (CT)
Notes: IF YOU ALREADY HOLD TIPS CONTRACT 200301 FURNITURE, FURNISHINGS AND SERVICES (“200301”) OR 210305
FURNITURE, FURNISHINGS AND SERVICES ("210305"), YOU
DO NOT NEED TO RESPOND TO THIS SOLICITATION UNLESS
YOU WISH TO REPLACE 200301 OR 210305 AT THIS TIME. IF
YOU HOLD 200301 OR 2103051, CHOOSE TO RESPOND
HEREIN, AND ARE AWARDED ON THIS CONTRACT, YOUR
200301 OR 210305 WILL BE TERMINATED AND REPLACED BY
THIS CONTRACT. THERE IS NO ADVANTAGE TO REPLACING
YOUR 200301 OR 210305 CONTRACT WITH THIS CONTRACT
UNLESS YOU ARE DISPLEASED WITH SOME LIMITATION,
PRICING/DISCOUNTS OR OTHERWISE, THAT YOUR ENTITY
SUBMITTED IN YOUR ORIGINAL 200301 OR 210305
PROPOSAL.
Contact Information
Address: Region 8 Education Service Center
4845 US Highway 271 North
Pittsburg, TX 75686
Phone: +1 (866) 839-8477
Email: [email protected]
Yamada Enterprises Information
Contact: Jr Arroyo
Address: 16552 Burke Lane
Huntington Beach, CA 92647
Phone: (714) 843-9882
Fax: (714) 843-9202
Toll Free: (800) 444-4594
Email: [email protected]
Web Address: www.yamadaenterprises.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Jr Arroyo [email protected]
Signature Email
Submitted at 4/15/2022 11:53:06 AM
Requested Attachments
Agreement Signature Form 220303 Agreement Signature Form.pdf If you have not taken exception or deviation to the agreement language in the solicitation attributes, download the AGREEMENT SIGNATURE FORM from the "ATTACHMENTS" tab. This PDF document is a fillable form. Download the document to your computer, fill in the requested company information, print the file, SIGN the form, SCAN the completed and signed AGREEMENT SIGNATURE FORM, and upload here.
If you have taken exception to any of the agreement language and noted the exception in the deviations section of the attributes for the agreement, complete the AGREEMENT SIGNATURE FORM, but DO NOT SIGN until those deviations have been negotiated and resolved with TIPS management. Upload the unsigned form here, because this is a required document.
All Other Certificates Dept. of Gen. Srvcs SB Cert Expire (05-31-22).pdf All Other Certificates (if applicable) must be scanned and uploaded. If vendor has more than one other certification scan into one document. (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
Pricing Form 2 220303 Pricing Form 2.xlsx
The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested information and upload the completed spreadsheet.
DO NOT UPLOAD encrypted or password protected files.
Reference Form 220303 Reference_Form.xls
The vendor must download the References spreadsheet from the attachment tab, fill in the requested information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files.
Conflict of Interest Form CIQ- ONLY REQUIRED IF A CONFLICT EXISTS PER THE
INSTRUCTIONS
No response
ONLY REQUIRED IF A CONFLICT EXISTS PER THE INSTRUCTIONS Conflict of Interest Form for Vendors that are required to submit the form. The Conflict of Interest Form is included in the Base documents or can be found at https://www.tips-usa.com/assets/documents/docs/CIQ.pdf.
Proposed Goods and Services Goods and Services.pdf
Please upload one or more documents or sheets describing your offerings, line cards, catalogs, links to offerings OR list links to your offerings that illustrate the catalog of proposed lines of goods and or services you carry and offer under this proposal. It does not have to be exhaustive but should, at a minimum tell us what you are offering. It could be as simple as a sheet with your link to your online catalog of goods and services.
D/M/WBE Certification OPTIONAL No response
D/M/WBE Certification documentation may be scanned and uploaded if you desire to claim your status as one of the identified enterprises. (Disadvantaged Business Enterprise, Minority Business Enterprise and/or Woman Business Enterprise) If vendor has more than one certification scan into one document. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files.
Warranty No response
Warranty information (if applicable) must be scanned and uploaded. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files.
Vendor Agreement 220303 Vendor Agreement.pdf
The vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and upload the completed agreement.
DO NOT UPLOAD encrypted or password protected files.
Pricing Form 1 220303 Pricing Form 1.xlsx
The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested information and upload the completed spreadsheet.
DO NOT UPLOAD encrypted or password protected files.
Supplementary No response
Supplementary information may be scanned and uploaded. (Company information, brochures, catalogs, etc.) (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
Logo and Other Company Marks No response
If you desire, please upload your company logo to be added to your individual profile page on the TIPS website. If any particular specifications are required for use of your company logo, please upload that information under the 6XSSOHPHQtaU\ sHFtiRQ RU aQRtKHU QRQUHTXiUHd sHFtiRQ XQdHU tKH ³5HsSRQsH $ttaFKPHQt´ taE Preferred Logo Format: 300 x 225 px - .png, .eps, .jpeg preferred
Certification of Corporate Offerer Form- COMPLETE ONLY IF OFFERER IS A
CORPORATION
No response
COMPLETE AND UPLOAD FORM IN ATTACHMENTS SECTION ONLY IF OFFERER IS A CORPORATION Disclosure of Lobbying Activities Standard Form LLL No response ONLY IF you answered "I HAVE Lobbied per above" to attribute #66, please download and complete and upload the 6taQdaUd FRUP/// ³disFORsXUH FRUP tR 5HSRUt /REE\iQJ´ iQ tKH 5HsSRQsH attaFKPHQts sHFtiRQ Confidentiality Claim Form 220303 CONFIDENTIALITY CLAIM FORM.pdf REQUIRED CONFIDENTIALITY FORM. PLEASE READ CAREFULLY AND FOLLOW THE INSTRUCTIONS. Complete the form according to your company requirements, make any desired attachments and upload to the appropriate section under "Response Attachments" THIS FORM DETERMINES HOW ESC8/TIPS RESPONDS TO LEGAL PUBLIC INFORMATION REQUESTS.
Current W-9 Tax Form Yamada W-9.pdf
You are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form will be utilized by TIPS to properly identify your entity.
Bid Attributes
1 Yes - No
Disadvantaged/Minority/Women Business Enterprise - D/M/WBE/Federal HUBZone (Required by some participating governmental entities). Vendor certifies that their firm is a D/M/WBE or HUBZone? Vendor must upload proof of FHUtiIiFatiRQ tR tKH ´5HsSRQsH $ttaFKPHQts´ D0:%( &(57,F,&$7(6 sHFtiRQ NO
2 Yes - No
Historically Underutilized Business - HUB (Required by some participating governmental entities) Vendor certifies that their firm is a HUB as defined by the State of Texas at https://comptroller.texas.gov/purchasing/vendor/hub/.
Proof may be submitted. 9HQdRU PXst XSORad SURRI RI FHUtiIiFatiRQ tR tKH ³5HsSRQsH $ttaFKPHQts´ +8% CERTIFICATES section.
No
3 Yes - No
The Vendor can provide services and/or products to all 50 US States? No
4 States Served:
If answer is NO to question #3, please list which states can be served. (Example: AR, OK, TX) CA
5 Company and/or Product Description:
This information will appear on the TIPS website in the company profile section, if awarded a TIPS contract. (Limit 750 characters.)
Yamada Enterprises has been dedicated to furnishing complete library interiors for over 45 years. As a distributor for various manufacturers, we offer a selection of quality products that include bookstacks, mobile compact shelving systems, library furniture, seating and miscellaneous accessories. The broad scope of our work enables our clients to enjoy a turnkey furniture and equipment installation from a single source supplier. 6 Primary Contact Name
Primary Contact Name
Jr Arroyo
7 Primary Contact Title
Primary Contact Title
Representative
8 Primary Contact Email
Primary Contact Email
[email protected]
9 Primary Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
7148439882
1 0 Primary Contact Fax
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
7148439201
1 1 Primary Contact Mobile
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
7148439881
1 2 Secondary Contact Name
Secondary Contact Name
Parker Braverman
1 3 Secondary Contact Title
Secondary Contact Title
Vice President
1 4 Secondary Contact Email
Secondary Contact Email
[email protected]
1 5 Secondary Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
7148439882
1 6 Secondary Contact Fax
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
7148439202
1 7 Secondary Contact Mobile
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
No response
1 8
Admin Fee Contact Name
Admin Fee Contact Name. This person is responsible for paying the admin fee to TIPS.
Tracey Nguyen
1 9
Admin Fee Contact Email
Admin Fee Contact Email
[email protected]
2 0
Admin Fee Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
7148439882
2 1
Purchase Order Contact Name
Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS.
Jr Arroyo
2 2
Purchase Order Contact Email
Purchase Order Contact Email
[email protected]
2 3
Purchase Order Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
7148439882
2 4 Company Website
Company Website (Format - www.company.com)
www.yamadaenterprises.com
2 5 Entity D/B/A's and Assumed Names
Please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by the legal name under which you responded to this solicitation unless you organize otherwise with TIPS after award.
Yamada Enterprises
2 6 Primary Address
Primary Address
16552 Burke Lane
2 7 Primary Address City
Primary Address City
Huntington Beach
2 8 Primary Address State
Primary Address State (2 Digit Abbreviation)
CA
2 9 Primary Address Zip
Primary Address Zip
92647
3 0
Search Words:
Please list search words to be posted in the TIPS database about your company that TIPS website users might search. Words may be product names, manufacturers, or other words associated with the category of award. YOU MAY NOT LIST NON-CATEGORY ITEMS. (Limit 500 words) (Format: product, paper, construction, manufacturer name, etc.)
Library furniture, shelving, library shelving, library display, children's library furniture, 3 branch, Discovery tables, activity tables, Bibliotheca, TMC, Lego tables, train tables, children's activity panels, end panels, browsing bins, browsing shelving maker tables, Estey/Tennsco Shelving, The Worden Company, Aurora, mobile storage, compact storage, casegoods, desks, bookstacks, mobile shelving, circulation desks, service desks, custom furniture, lounge seating, early literacy, seating, True Design
3 1 Do you want TIPS Members to be able to spend Federal grant funds with you if awarded? Is it your intent to be able to sell to our members regardless of the fund source, whether it be local, state or federal?
Most of our members receive Federal Government grants or other funding and they make up a significant portion of their budgets. The Members need to know if your company is willing to sell to them when they spend federal budget funds on their purchase. There are attributes that follow that include provisions from the federal regulations in 2 CFR part 200, etc. Your answers will determine if your award will be designated as eligible for TIPS Members to utilize federal funds with your company.
Do you want TIPS Members to be able to spend Federal funds, at the Member's discretion, with you? Yes
3 2
Yes - No
Certification of Residency (Required by the State of Texas) The vendor's ultimate parent company or majority owner:
(A) has its principal place of business in Texas;
OR
(B) employs at least 500 persons in Texas?
This question is required as a data gathering function for information to our members making purchases with awarded vendors. It does not affect scoring with TIPS.
No
3 3 Company Residence (City)
Vendor's principal place of business is in the city of? Huntington Beach
3 4 Company Residence (State)
Vendor's principal place of business is in the state of? California
3 5
Discount Offered - CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES
ON THIS ATTRIBUTE QUESTION
Remember this is a MINIMUM discount percentage. So, be sure that the discount percentage inserted here can be applied to ANY OFFERING OF GOODS OR SERVICES THROUGHOUT THE LIFE OF THE CONTRACT.
CAUTION: BE CERTAIN YOU CAN HONOR THIS MINIMUM DISCOUNT PERCENTAGE ON ANY OFFERED SERVICE OR GOOD NOW OR DURING THE LIFE OF THE CONTRACT.
What is the MINIMUM percentage discount off of any item or service you offer to TIPS Members that is in your regular catalog (as defined in the solicitation specifications document), website, store or shelf pricing or when adding new goods or services to your offerings during the life of the contract? The resulting price of any goods or services Catalog list prices after this discount is applied is a ceiling on your pricing and not a floor because, in order to be more competitive in the individual circumstance, you may offer a larger discount depending on the items or services purchased and the quantity at time of sale. Please note that any specific greater discount offered for a particular product, brand, or service listed in Vendor's proposal will control and Vendor will be required to honor that greater specific discount, in excess of the minimum discount, for that particular product, brand, or service for the life of the contract.
Must answer with a number between 0% and 100%.
10%
3 6
MINIMUM Discount Term
Does the vendor agree to at least offer, for the life of the Agreement, the Minimum Discount Percentage off list or catalog proposed by Vendor in response to the Attribute entitled "Discount Offered - CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES ON THIS ATTRIBUTE QUESTION"? TIPS will utilize this response to satisfy the Long Term Cost scoring evaluation criteria. A "YES" answer will be awarded the maximum 10 points for this criterion out of the 100 total points and a "NO" answer is awarded 0 points.
YES
3 7
Yes - No
If awarded on this TIPS Contract, for the duration of the Contract, Vendor agrees to provide, upon request, their then current catalog pricing, as defined in the solicitation and below, to TIPS upon request for any goods and services offered on Vendor's TIPS Contract.
"Catalog" means the available list of tangible personal property or services, in the most current listing, regardless of date, during the life of the contract, that takes the form of a catalog, price list, schedule, shelf price or other form that:
A. is regularly maintained by the manufacturer or Vendor of an item; and B. is either published or otherwise available for inspection by a customerduring the purchase process; C. to which the minimum discount proposed by the proposing Vendor maybe applied.
YES
3 8
TIPS Administration Fee
By submitting a proposal, I agree that all pricing submitted to TIPS shall include the Administration Fee, as designated in the solicitation or as otherwise agreed in writing which shall be remitted to TIPS by the Vendor, or the vendor's named resellers, and as agreed to in the Vendor Agreement. I agree that the fee shall not and will not be added by the Vendor as a separate line item on a TIPS member invoice, quote, proposal or any other written communications with the TIPS member.
3 9
Yes - No
Vendor agrees to remit to TIPS the required administration fee or, if resellers are named, Vendor agrees to guarantee the fee remittance by or for the reseller named by the vendor? 7,36(6& 5HJiRQ is UHTXiUHd E\ 7H[as *RvHUQPHQt &RdH tR EH FRPSHQsatHd IRU its ZRUN aQd tKXs IaiOXUH
to agree shall render your response void and it will not be considered.
Agreed
4 0 TIPS Administration Fee Paid by Vendor - Not Charged to Customer Vendor understands and agrees that it owes TIPS a TIPS Administration Fee (published in the RFP/RCSP document) on every TIPS sale made under an awarded TIPS Contract. Vendor further understands and agrees that Vendor shall submit pricing with this proposal which includes and accounts for the TIPS Administration Fee and shall never separately charge the TIPS Member Customer the TIPS fee or add the TIPS Administration Fee line itHP tR aQ iQvRiFH RU siPiOaU SXUFKasH dRFXPHQt 6XEPissiRQ RI tKis SURSRsaO is 9HQdRU¶s FHUtiIiFatiRQ tKat 9HQdRU agrees to this mandatory term.
4 1
Additional Discounts?
Do you offer additional discounts to TIPS members for large order quantities or large scope of work? Yes
4 2 Years in Business as Proposing Company
Years in business as proposing company?
47 4
3 Resellers:
Does the vendor have resellers that it will name under this contract? Resellers are defined as other companies that sell your products under an agreement with you, the awarded vendor of TIPS.
EXAMPLE: BIGmart is a reseller of ACME brand televisions. If ACME were a TIPS awarded vendor, then ACME would list BIGmart as a reseller.
(If applicable, Vendor should add all Authorized Resellers within the TIPS Vendor Portal upon award).
No
4 4 Right of Refusal
The proposing vendor has the right not to sell under the awarded agreement with a TIPS member at vendor's discretion unless required by law.
4 5
NON-COLLUSIVE BIDDING CERTIFICATE
By submission of this bid or proposal, the Bidder certifies that:
1) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any Competitor;
2) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids, or proposals for this project, to any other Bidder, Competitor or potential competitor:
3) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal;
4) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the Bidder as well as to the person signing in its behalf.
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. 4 6 CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ - Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement? Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement? YES or NO
If you have a conflict of interest as described in this form or the Local Government Code Chapter 176, cited thereinyou are required to complete and file with TIPS.
The Form CIQ is one of the attachments to this solicitation.
There is an optional upload for this form provided if you have a conflict and must file the form No
4 7 Filing of Form CIQ
If yes (above), have you filed a form CIQ by uploading the form to this RFP as directed above? No response
4 8 Regulatory Standing
I certify to TIPS for the proposal attached that my company is in good standing with all governmental agencies Federal or state that regulate any part of our business operations. If not, please explain in the next attribute question.
Yes
4 9 Regulatory Standing
Regulatory Standing explanation of no answer on previous question.
No response
5 0 Antitrust Certification Statements (Tex. Government Code § 2155.005) By submission of this bid or proposal, the Bidder certifies that:
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law;
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.
5 1 Suspension or Debarment Instructions
Instructions for Certification:
1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is providing the certification set out herein in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and / or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 7KH tHUPs ³FRvHUHd tUaQsaFtiRQ´ ³dHEaUUHd´ ³sXsSHQdHd´ ³iQHOiJiEOH´ ³ORZHU tiHU FRvHUHd tUaQsaFtiRQ´ ³SaUtiFiSaQts´ ³SHUsRQ´ ³SUiPaU\ FRvHUHd tUaQsaFtiRQ´ ³SUiQFiSaO´ ³SURSRsaO´ aQd ³vROXQtaUiO\ H[FOXdHd´ as XsHd iQ this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled ³&HUtiIiFatiRQ 5HJaUdiQJ DHEaUPHQt 6XsSHQsiRQ ,QHOiJiEiOit\ aQd 9ROXQtaU\ ([FOXsiRQ/RZHU 7iHU &RvHUHd 7UaQsaFtiRQ´ ZitKRXt PRdiIiFatiRQ iQ aOO ORZHU tiHU FRvHUHd tUaQsaFtiRQs aQd iQ aOO sROiFitatiRQs IRU ORZHU tiHU FRvHUHd transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and / or debarment.
5 2 Suspension or Debarment Certification
By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a federally funded contract as described above.
Yes
5 3
Non-Discrimination Statement and Certification
In accordance with Federal civil rights law, all U.S. Departments, including the U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.
Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3)
email: [email protected].
(Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS ,QstUXFtiRQ &iviO 5iJKts &RPSOiaQFH aQd (QIRUFHPHQt ± 1XtUitiRQ 3URJUaPs aQd $FtivitiHs
All U.S. Departments, including the USDA are equal opportunity provider, employer, and lender.
Not a negotiable term. Failure to agree by answering YES will render your proposal non-responsive and it will not be considered. I certify that in the performance of a contract with TIPS or its members, that our company will conform to the foregoing anti-discrimination statement and comply with the cited and all other applicable laws and regulations.
Yes, I certify (Yes)
5 4 2 CFR PART 200 Contract Provisions Explanation
Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and TIPS Members:
The following provisions are required to be in place and agreed if the procurement is funded in any part with federal funds.
The ESC Region 8 and TIPS Members are the subgrantee or Subrecipient by definition. Most of the provisions are ORFatHd iQ &F5 3$57 $SSHQdi[ ,, tR 3aUt ²&RQtUaFt 3URvisiRQs IRU 1RQFHdHUaO (Qtit\ &RQtUaFts 8QdHU Federal Awards at 2 CFR PART 200. Others are included within 2 CFR part 200 et al.
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the nonFederal entity under the Federal award must contain provisions covering the following, as applicable.
5 5
2 CFR PART 200 Contracts
Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
Does vendor agree?
Yes
5 6
2 CFR PART 200 Termination
Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The vendor would be compensated for work performed and goods procured as of the termination date if for convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of the ESC Region 8 and TIPS.
Does vendor agree?
Yes
5 7
2 CFR PART 200 Clean Air Act
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as aPHQdHd²&RQtUaFts aQd sXEJUaQts RI aPRXQts iQ H[FHss RI PXst FRQtaiQ a SURvisiRQ tKat UHTXiUHs tKH 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).
Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires that the proposer certify that during the term of an award by the ESC Region 8 and TIPS Members resulting from this procurement process the vendor agrees to comply with all of the above regulations, including all of the terms listed and referenced therein.
Does vendor agree?
Yes
5 8 2 CFR PART 200 Byrd Anti-Lobbying Amendment
%\Ud $Qti/REE\iQJ $PHQdPHQt
86&
²&RQtUaFtRUs tKat aSSO\ RU Eid IRU aQ aZaUd H[FHHdiQJ must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.
Each tier must also 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.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that during the term and during the life of any contract with ESC Region 8 and TIPS Members resulting from this procurement process the vendor certifies to the terms included or referenced herein.
Does vendor agree?
Yes
5 9
2 CFR PART 200 Federal Rule
Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $250,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
Does vendor certify that it is in compliance with the Clean Air Act? Yes
6 0
2 CFR PART 200 Procurement of Recovered Materials
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 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; 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.
Does vendor certify that it is in compliance with the Solid Waste Disposal Act as described above? Yes
6 1 2 CFR PART 200 Rights to Inventions
,I tKH FHdHUaO aZaUd PHHts tKH dHIiQitiRQ RI ³IXQdiQJ aJUHHPHQt´ XQdHU &F5 a
aQd tKH UHFiSiHQt RU
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 ³IXQdiQJ aJUHHPHQt´ tKH UHFiSiHQt RU sXEUHFiSiHQt PXst FRPSO\ ZitK tKH UHTXiUHPHQts RI &F5 3aUt ³5iJKts to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and &RRSHUativH $JUHHPHQts´ aQd aQ\ iPSOHPHQtiQJ UHJXOatiRQs issXHd E\ tKH aZaUdiQJ aJHQF\ Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that during the term of an award resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in the Federal rule above.
Does vendor agree?
Yes
6 2
2 CFR PART 200 Domestic Preferences for Procurements
As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts aQd SXUFKasH RUdHUs IRU ZRUN RU SURdXFts XQdHU tKis aZaUd FRU SXUSRsHs RI &F5 3aUt ³3URdXFHd iQ tKH 8QitHd 6tatHs´ PHaQs IRU iURQ aQd stHHO SURdXFts tKat aOO PaQXIaFtXUiQJ SURFHssHs IURP tKH iQitiaO PHOtiQJ staJ through the application of coatings, occurred in the United States. Moreover, for purposes of 2 CFR Part 200.322, ³0aQXIaFtXUHd SURdXFts´ PHaQs itHPs aQd FRQstUXFtiRQ PatHUiaOs FRPSRsHd iQ ZKROH RU iQ SaUt RI QRQIHUURXs metals such as aluminum, plastics and polymer-based products such as polyvinyl chloride pipe, aggregates such as concrete, glass, including optical fiber, and lumber.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that to the greatest extent practicable Vendor will provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
Does vendor agree?
Yes
6 3 2 CFR PART 200 Ban on Foreign Telecommunications
FHdHUaO JUaQt IXQds Pa\ QRt EH XsHd tR SXUFKasH HTXiSPHQt sHUviFHs RU s\stHPs tKat XsH ³FRvHUHd tHOHFRPPXQiFatiRQs´ HTXiSPHQt RU sHUviFHs as a sXEstaQtiaO RU HssHQtiaO FRPSRQHQt RI aQ\ s\stHP RU as FUitiFaO tHFKQRORJ\ as SaUt RI aQ\ s\stHP ³&RvHUHd tHOHFRPPXQiFatiRQs´ PHaQs SXUFKasHs IURP +XaZHi 7HFKQRORJiHs Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies tKat 9HQdRU ZiOO QRt SXUFKasH HTXiSPHQt sHUviFHs RU s\stHPs tKat XsH ³FRvHUHd tHOHFRPPXQiFatiRQs´ as dHIiQHd E\ &F5 HTXiSPHQt RU sHUviFHs as a sXEstaQtiaO RU HssHQtiaO FRPSRQHQt RI aQ\ s\stHP RU as FUitiFaO technology as part of any system.
Does vendor agree?
Yes
6 4
2 CFR PART 200 Contract Cost & Price
For contracts more than the simplified acquisition threshold currently set at $250,000, a TIPS Member may, in very rare circumstances, be required to negotiate profit as a separate element of the price pursuant to 2 C.F.R. 200.324(b). Under those circumstances, Vendor agrees to provide information and negotiate with the TIPS Member regarding profit as a separate element of the price. However, Vendor certifies that the total price charged by the 9HQdRU sKaOO QRt H[FHHd tKH 9HQdRU¶s 7,36 SUiFiQJ aQd SUiFiQJ tHUPs SURSRsHd Does Vendor Agree?
Yes
6 5
FEMA Fund Certifications
6XEPissiRQ RI tKis SURSRsaO is 9HQdRU¶s FHUtiIiFatiRQ tKat 9HQdRU aJUHHs tR tKis tHUP 9HQdRU FHUtiIiHs tKat IF and when Vendor accepts a TIPS purchase paid for in full or part with FEMA funds, Vendor certifies that:
(1) Vendor agrees to provide the TIPS Member, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to and rights to reproduce any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Vendor agrees to provide the FEMA Administrator or an authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Vendor acknowledges and agrees that no language in this contract or the contract with the TIPS Member is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
7KH 9HQdRU sKaOO QRt XsH tKH DHSaUtPHQt RI +RPHOaQd 6HFXUit\¶s sHaO s
ORJRs FUHsts RU UHSURdXFtiRQs RI IOaJs
or likenesses of DHS agency officials without specific FEMA pre-approval. (3) The Vendor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
(4) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. (5) The Vendor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) aSSOiHs tR tKH 9HQdRU¶s aFtiRQs SHUtaiQiQJ tR tKis FRQtUaFt 6 6 Certification of Compliance with the Energy Policy and Conservation Act When appropriate and to the extent consistent with the law, Vendor certifies that it will comply with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq; 49 C.F.R. Part 18) and any mandatory standards and policies relating to energy efficiency which are contained in applicable state energy conservation plans issued in compliance with the Act.
Does Vendor agree?
Yes
6 7 Certification Regarding Lobbying
Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative aJUHHPHQt tKH XQdHUsiJQHd sKaOO FRPSOHtH aQd sXEPit 6taQdaUd FRUP/// ³disFORsXUH FRUP tR 5HSRUt /REE\iQJ´ in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.
I HAVE NOT Lobbied per above
6 8 If you answered "I HAVE lobbied" to the above Attribute Question If you answered "I HAVE lobbied" to the above Attribute question, you must download the Lobbying Report "Standard From LLL, disclosure Form to Report Lobbying" which includes instruction on completing the form, complete and submit it in the Response Attachments section as a report of the lobbying activities you performed or paid others to perform.
6 9 Subcontracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms.
Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful? IF NO, DO NOT ANSWER THE NEXT ATTRIBUTE QUESTION. . IF YES, and ONLY IF YES, you must answer the next question YES if you want a TIPS Member to be authorized to spend Federal Grant Funds for Procurement.
YES
7 0 ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your performance under the TIPS Agreement, do you agree to comply with the following federal requirements?
ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your performance under the TIPS Agreement,
do you agree to comply with the following federal requirements? FHdHUaO 5HJXOatiRQ &F5 &RQtUaFtiQJ ZitK sPaOO aQd PiQRUit\ EXsiQHssHs ZRPHQ s EXsiQHss HQtHUSUisHs
and labor surplus area firms. (a)The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce ; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1) through (5) of this section.
YES
7 1
Indemnification
The ESC Region 8 and TIPS is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited from
indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided by law or as
ordered by a court of competent jurisdiction. A provision in a contract to indemnify or hold a party harmless is a promise to pay for
any expenses the indemnified party incurs, if a specified event occurs, such as breaching the terms of the contract or negligently
performing duties under the contract. Article III, Section 49 of the Texas Constitution states that "no debt shall be created by or on
behalf of the State ... " The Attorney General has counseled that a contractually imposed obligation of indemnity creates a "debt" in
the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Contract clauses which require the System or institutions to
indemnify must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Liquidated
damages, attorney's fees, waiver of vendor's liability, and waiver of statutes of limitations clauses should also be deleted or qualified
with "to the extent permitted by the Constitution and laws of State of Texas." Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree
to these terms?
Yes, I Agree (Yes)
7 2
Remedies
The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the choice of law, venue
and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the TIPS to an arbitration resolution
of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those specifically waived
under the terms of the Contract, may, after denial of the Board of Directors, be subject to mediation at the request of either party. Any
issues not resolved hereunder MAY be referred to non-binding mediation to be conducted by a mutually agreed upon mediator as a
SUHUHTXisitH tR tKH IiOiQJ RI aQ\ OaZsXit RvHU sXFK issXH s
7KH SaUtiHs sKaOO sKaUH tKH PHdiatRU¶s IHH aQd aQ\
associated filing fee
equally. Mediation shall be held in Camp or Titus County, Texas. Agreements reached in mediation shall be reduced to writing, and
will be subject to the approval by the District's Board of Directors, signed by the Parties if approved by the Board of Directors, and, if
signed, shall thereafter be enforceable as provided by the laws of the State of Texas.
Do you agree to these terms?
Yes, I Agree
7 3 Remedies Explanation of No Answer
No response
7 4
Choice of Law
The agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles.
THIS DOES NOT APPLY to a vendor's agreement entered into with a TIPS Member, as the Member may be located outside Texas.
Do you agree to these terms?
Agreed
7 5
Venue, Jurisdiction and Service of Process
Any proceeding, involving Region 8 ESC or TIPS, arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world.
Any dispute resolution process other than litigation shall have venue in Camp County or Titus County Texas.
Do you agree to these terms?
Agreed
7 6 Infringement(s)
The successful vendor will be expected to indemnify and hold harmless the TIPS and its employees, officers, agents, representatives, contractors, assignees and designees from any and all third party claims and judgments involving infringement of patent, copyright, trade secrets, trade or service marks, and any other intellectual or iQtaQJiEOH SURSHUt\ UiJKts attUiEXtHd tR RU FOaiPs EasHd RQ tKH 9HQdRU s SURSRsaO RU 9HQdRU¶s SHUIRUPaQFH RI
contracts awarded and approved.
Do you agree to these terms?
Yes, I Agree
7 7 Infringement(s) Explanation of No Answer
No response
7 8
Contract Governance
Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex Loc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language.
Yes, I Agree (Yes)
7 9 Payment Terms and Funding Out Clause
Payment Terms:
TIPS or TIPS Members shall not be liable for interest or late payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member.
Funding Out Clause:
9HQdRU aJUHHs tR aEidH E\ tKH OaZs aQd UHJXOatiRQs iQFOXdiQJ 7H[as /RFaO *RvHUQPHQt &RdH RU aQ\
statutory or regulatory limitations of the jurisdiction of any TIPS Member which governs contracts entered into by the Vendor and TIPS or a TIPS Member that requires all contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.
See statute(s) for specifics or consult your legal counsel.
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered.
Do you agree to these terms?
Yes, I Agree (Yes)
8 0 Insurance and Fingerprint Requirements Information
Insurance
If applicable and your staff will be on TIPS member premises for delivery, training or installation etc. and/or with an automobile, you must carry automobile insurance as required by law. You may be asked to provide proof of insurance.
Fingerprint
It is possible that a vendor may be subject to Chapter 22 of the Texas Education Code. The Texas Education Code, Chapter 22, Section 22.0834 & 22.08341. Statutory language may be found at: http://www.statutes.legis.state.tx.us/ If the vendor has staff that meet both of these criterion:
(1) will have continuing duties related to the contracted services; and (2) has or will have direct contact with students
7KHQ \RX KavH ´FRvHUHd´ HPSOR\HHs IRU SXUSRsHs RI FRPSOHtiQJ tKH attaFKHd IRUP TIPS recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have questions on how to comply, see below. If you have questions on compliance with this code section, contact the Texas Department of Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at [email protected] and you should send an email identifying you as a contractor to a Texas Independent School District or ESC Region 8 and TIPS. Texas DPS phone number is (512) 424-2474.
See form in the next attribute to complete entitled:
Texas Education Code Chapter 22 Contractor Certification for Contractor Employees
8 1 Texas Education Code Chapter 22 Contractor Certification for Contractor Employees Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district.
Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school:
(a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state.
I certify that:
NONE (Section A) of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided.
OR
SOME (Section B) or all of the employees of Contractor and any subcontractor are covered employees. If this box is checked, I further certify that:
(1) Contractor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history. (2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within 3 business days.
(3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees. (4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at the District.
Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.
Some
8 2 Texas Business and Commerce Code § 272 Requirements as of 9-1-2017 SB 807 prohibits construction contracts to have provisions requiring the contract to be subject to the laws of another state, to be required to litigate the contract in another state, or to require arbitration in another state. A FRQtUaFt ZitK sXFK SURvisiRQs is vRidaEOH 8QdHU tKis QHZ statXtH a ³FRQstUXFtiRQ FRQtUaFt´ iQFOXdHs FRQtUaFts subcontracts, or agreements with (among others) architects, engineers, contractors, construction managers, equipment lessors, or materials suppliers. ³&RQstUXFtiRQ FRQtUaFts´ aUH IRU tKH dHsiJQ FRQstUXFtiRQ aOtHUatiRQ renovation, remodeling, or repair of any building or improvement to real property, or for furnishing materials or equipment for the project. The term also includes moving, demolition, or excavation. BY RESPONDING TO THIS
SOLICITATION, AND WHEN APPLICABLE, THE PROPOSER AGREES TO COMPLY WITH THE TEXAS BUSINESS $1D &200(5&( &2D( :+(1 (;(&87,1* &2175$&76 :,7+ 7,36 0(0%(56 7+$7 $5( 7(;$6 GOVERNMENT ENTITIES.
8 3
Texas Government Code 2270 & 2271 Verification Form
Texas Government Code 2270 & 2271 Verification Form
If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Pursuant to Chapter 2271 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"), boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term "boycott" shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israelicontrolled territory, but does not include an action made for ordinary business purposes.
Our entity further certifies that it is is not listed on and we do not do business with companies prohibited by Texas Government Code 2270 or that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found a t https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf I swear and affirm that the above is true and correct.
YES
8 4 Logos and other company marks
Please upload your company logo to be added to your individual profile page on the TIPS website. If any particular specifications are required for use of your company logo, please upload that information under the "Logo and Other &RPSaQ\ 0aUNs sHFtiRQ XQdHU tKH ³5HsSRQsH $ttaFKPHQt´ taE Preferred Logo Format: 300 x 225 px - .png, .eps, .jpeg preferred
Potential uses of company logo:
* Your Vendor Profile Page of TIPS website
* Potentially on TIPS website scroll bar for Top Performing Vendors * TIPS Quarterly eNewsletter sent to TIPS Members
* Co-branding Flyers and or email blasts to our TIPS Members (Permission and approval will be obtained before publishing)
8 5 Solicitation Deviation/Compliance
Does the vendor agree with the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation? Yes
8 6 Solicitation Exceptions/Deviations Explanation
If the bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation, all such deviations must be listed on this attribute, with complete and detailed conditions and information included or attached.
TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions.
In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Solicitation.
No response
8 7 Agreement Deviation/Compliance
Does the vendor agree with the language in the Vendor Agreement? Yes
8 8 Agreement Exceptions/Deviations Explanation
If the proposing Vendor desires to deviate form the Vendor Agreement language, all such deviations must be listed on this attribute, with complete and detailed conditions and information included. TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any proposal based upon any deviations indicated below. In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Vendor Agreement.
No response
8 9 Felony Conviction Notice
7H[as (dXFatiRQ &RdH 6HFtiRQ 1RtiIiFatiRQ RI &UiPiQaO +istRU\ 6XEsHFtiRQ a
statHs ³a SHUsRQ RU EXsiQHss
entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general dHsFUiStiRQ RI tKH FRQdXFt UHsXOtiQJ iQ tKH FRQviFtiRQ RI a IHORQ\´ 6XEsHFtiRQ E
statHs ³a sFKRRO distUiFt Pa\
terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the FRQtUaFt´
F
This section does not apply to a publicly held corporation. The person completing this proposal certifies that they are authorized to provide the answer to this question.
Select A., B. or C.
A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.
OR B.My firm is not owned nor operated by anyone who has been convicted of a felony, OR C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. (if you answer C below, you are required to provide information in the next attribute.
B. Firm not owned nor operated by felon; per above
9 0 If you answered C. My Firm is owned or operated by a felon to the previous question, you are REQUIRED TO ANSWER THE FOLLOWING QUESTIONS.
If you answered C. My Firm is owned or operated by a felon to the previous question, you must provide the following information.
1. Name of Felon(s)
2. The named person's role in the firm, and
3. Details of Conviction(s).
No response
9 1 Required Confidentiality Claim Form
Required Confidentiality Claim Form
This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from tKH ³$ttaFKPHQts´ sHFtiRQ FRPSOHtH aFFRUdiQJ tR tKH iQstUXFtiRQs RQ tKH IRUP tKHQ XSORad tKH FRPSOHtHd IRUP ZitK aQ\ FRQIidHQtiaO attaFKPHQts iI aSSOiFaEOH tR tKH ³5HsSRQsH $ttaFKPHQts´ sHFtiRQ titOHd ³&RQIidHQtiaOit\ FRUP´ iQ RUdHU tR SURvidH tR 7,36 tKH FRPSOHtHd IRUP titOHd ³&21F,D(17,$/,7< &/$,0 F250´ THIS REQUIRED PROCESS
IS THE ONLY WAY TO DEEM PROPOSAL DOCUMENTATION CONFIDENTIAL ANY OTHER CONFIDENTIAL
DESIGNATION WILL BE DISREGARDED UNLESS THE DOCUMENT IS IDENTIFIED BY AND ATTACHED TO THE REQUIRED FORM. By completing this process, you provide us with the information we require to comply with the open record laws of the State of Texas as they may apply to your proposal submission. If you do not provide the form with your proposal, an award will not be made if your proposal is qualified for an award, until TIPS has an accurate, completed form from you.
Read the form carefully before completing and if you have any questions, email [email protected]. 9 2 Member Access to Vendor Proposal
Notwithstanding any other information provided in this solicitation or Vendor designation of certain documentation as FRQIidHQtiaO RU SURSUiHtaU\ 9HQdRU¶s aFFHStaQFH RI tKis 7,36 &RQtUaFt FRQstitXtHs 9HQdRU¶s FRQsHQt tR tKH disFORsXUH RI 9HQdRU¶s FRPSUHKHQsivH SURSRsaO iQFOXdiQJ aQ\ iQIRUPatiRQ dHHPHd FRQIidHQtiaO RU SURSUiHtaU\ to TIPS Members. The proposing Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of information or documentation by TIPS Members or any other party. By submitting this proposal, Vendor certifies the foregoing.
9 3
Choice of Law clauses with TIPS Members
If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect.
Agreed
9 4 Venue of dispute resolution with a TIPS Member
In the event of litigation or use of any dispute resolution model when resolving disputes with a TIPS member entity as a result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or other agreed upon model shall be in the state and county where the customer resides unless otherwise agreed by the parties at the time the dispute resolution model is decided by the parties.
Agreed
9 5 Automatic renewal of contracts or agreements with TIPS or a TIPS member entity This clause DOES NOT prohibit multiyear contracts or agreements with TIPS member entities.
Because TIPS and TIPS members are governmental entities subject to laws that control appropriations of funds during their fiscal years for contracts and agreements to provide goods and services, does the Vendor agree to limit any automatic renewal clauses of a contract or agreement executed as a result of this TIPS solicitation award to not longer than "month to month" and at the TIPS contracted rate.
Agreed
9 6 Indemnity Limitation with TIPS Members
Texas and other states restrict by law or state Constitution the ability of a governmental entity to indemnify others.
TIPS requires that any contract entered into between a vendor and TIPS or a TIPS Member as a result of an award under this Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such indemnity requirement clauses in any agreements, contracts or other binding documents OR by prefacing all indemnity clauses required of TIPS or the TIPS Member entity with the following: "To the extent permitted by the laws or the Constitution of the state where the customer resides, ".
Agreement is a required condition to award of a contract resulting from this Solicitation.
Agreed
9 7
Arbitration Clauses
Except for certain circumstances, TIPS forbids a mandatory arbitration clause in any contract or agreement entered into between the awarded vendor with TIPS or a TIPS member entity. Does the vendor agree to exclude any arbitration requirement in any contracts or agreement entered into between TIPS or a TIPS member entity through an awarded contract with TIPS?
Agreed
9 8 Required Vendor Sales Reporting
By responding to this Solicitation, you agree to report to TIPS all sales made under any awarded Agreement with TIPS. Vendor is required to report all sales under the TIPS contract to TIPS. If the TIPS Member entity requesting a price from the awarded Vendor requests the TIPS contract, Vendor must include the TIPS Contract number on any communications with the TIPS Member entity. If awarded, you will be provided access to the Vendor Portal. To UHSRUt saOHs ORJiQ tR tKH 7,36 9HQdRU 3RUtaO aQd FOiFN RQ tKH 32¶s aQd 3a\PHQts taE 3aJHs RI tKH Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting F$4¶s for more information about reporting sales and if you have further questions, contact the Accounting Team at [email protected]. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS. 9 9 Upload of Current W-9 Required
Please note that you are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form will be utilized by TIPS to properly identify your entity. 1 0
0 CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES (Texas law as of September 1, 2021)
By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the following required by Texas law as of September 1, 2021:
If (a) company is not a sole proprietorship; (b) company has ten (10) or more full-time employees; and (c) this contract has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following FHUtiIiFatiRQ sKaOO aSSO\
RtKHUZisH tKis FHUtiIiFatiRQ is QRt UHTXiUHd 3XUsXaQt tR 7H[ *Rv¶t &RdH &K RI 6% (87th session), the company hereby certifies and verifies that the company, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the contract. For purposes of tKis FRQtUaFt tKH tHUP ³FRPSaQ\´ sKaOO PHaQ aQ RUJaQi]atiRQ assRFiatiRQ FRUSRUatiRQ SaUtQHUsKiS MRiQt vHQtXUH limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term ³ER\FRtt HQHUJ\ FRPSaQ\´ sKaOO PHaQ ³ZitKRXt aQ RUdiQaU\ EXsiQHss SXUSRsH UHIXsiQJ tR dHaO ZitK tHUPiQatiQJ business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described E\ SaUaJUaSK
a
´ See 7H[ *Rv¶t &RdH 809.001(1).
1 0
1 CERTIFICATION PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES (Texas law as of September 1, 2021)
By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the following required by Texas law as of September 1, 2021:
If (a) company is not a sole proprietorship; (b) company has at least ten (10) full-time employees; (c) this contract has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the contract is not excepted XQdHU 7H[ *Rv¶t &RdH 2274.003 of SB 19 (87th leg.); and (e) governmental entity has determined that company is not a sole-source provider or governmental entity has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required. 3XUsXaQt tR 7H[ *Rv¶t &RdH &K RI 6%
th session), the company hereby certifies and verifies that the company, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of tKis FRQtUaFt aJaiQst a IiUHaUP HQtit\ RU IiUHaUP tUadH assRFiatiRQ FRU SXUSRsHs RI tKis FRQtUaFt ³disFUiPiQatH aJaiQst a IiUHaUP HQtit\ RU IiUHaUP tUadH assRFiatiRQ´ sKaOO PHaQ ZitK UHsSHFt tR tKH HQtit\ RU assRFiatiRQ tR ³
refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. See 7H[ *Rv¶t &RdH
RI 6%
³DisFUiPiQatiRQ aJaiQst a IiUHaUP HQtit\ RU IiUHaUP
tUadH assRFiatiRQ´ dRHs QRt iQFOXdH
³
tKH HstaEOisKHd SROiFiHs RI a PHUFKaQt UHtaiO sHOOHU RU SOatIRUP tKat UHstUiFt RU SURKiEit tKH OistiQJ RU sHOOiQJ RI aPPXQitiRQ IiUHaUPs RU IiUHaUP aFFHssRUiHs aQd
a FRPSaQ\¶s UHIXsaO tR
engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the FXstRPHU RU SRtHQtiaO FXstRPHU aQd QRt EasHd sROHO\ RQ aQ HQtit\¶s RU assRFiatiRQ¶s statXs as a IiUHaUP HQtit\ RU IiUHaUP tUadH assRFiatiRQ´ See 7H[ *Rv¶t &RdH 2274.001(3) of SB 19. 1 0
2 CERTIFICATION REGARDING CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH CRITICAL INFRASTRUCTURE (Texas law as of September 1, 2021) By submitting a proposal to this Solicitation, you certify that you agree to the following required by Texas law as of September 1, 2021:
Proposing Company is prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant to the company direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the Proposing Company for product warranty and support purposes. Company, certifies that neither it nor its parent company nor any affiliate of company or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated FRXQtU\ FRU SXUSRsHs RI tKis FRQtUaFt ³FUitiFaO iQIUastUXFtXUH´ PHaQs ³a FRPPXQiFatiRQ iQIUastUXFtXUH s\stHP F\EHUsHFXUit\ s\stHP HOHFtUiF JUid Ka]aUdRXs ZastH tUHatPHQt s\stHP RU ZatHU tUHatPHQt IaFiOit\´ See 7H[ *Rv¶t Code 2274.0101(2) of SB 1226 (87th leg.). The company verifies and certifies that company will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor. 1 0
3 Acknowledgement
By submitting this proposal, Vendor certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if found to be necessary by the proposing vendor, vendor has sought the advice of counsel in understanding all portions of the solicitation.
REFERENCES
Please provide three (3) references from three different entities, preferably from school districts or other governmental entities who have used yo the last three years. Additional references may be required. DO NOT INCLUDE TIPS EMPLOYEES AS A REFERENCE.
Verify your references emails
are deliverable and that they
agree to provide a reference.
Failure to do this may delay the
You may provide more than three (3) references.
Entity Name Contact Person VALID EMAIL IS REQUIRED Phone San Diego County Library James Mulrean [email protected] 858 495-5087 City of Lancaster Melissa Varela [email protected] 661 723-6080 East Los Angeles College Juan Angel Hernandez [email protected] 323 267-3782 City of Glendale - Public Works
Dept. Kevin Todd [email protected] 818 548-3970
Cal Poly Pomona - Procurement
Services Jackie Miranda [email protected] 909 869-3436
TIPS RFP 220303 Furniture, Furnishings and Services
State of California Certification
Certification ID : 13483
Legal Business Name
J K MIKLIN INC
Doing Business As (DBA) Name1
YAMADA ENTERPRISES
Doing Business As (DBA) Name2
Office Phone Number
714/843-9882
Business Fax Number
714/843-9202
Business Web Address
http://www.yamadaenterprises.com ()
Address
16552 BURKE LN
HUNTINGTON BEACH
CA 92647-4538
Email:
[email protected] (mailto:parker@
yamadaenterprises.com)
Total Number of Employees
8 Business Types
Construction , Non-Manufacturer
Service Areas
Imperial , Inyo , Kern , Kings , Los Angeles , Orange , Riverside , San Bernardino , San Diego , San Luis Obispo , Santa Barbara , Tulare , Ventura
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Certification Profile https://caleprocure.ca.gov/pages/SupplierProfile/supplier-profile.aspx 1 of 2 5/13/2020, 12:08 PM
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Certification Type Application Date Status Status Date/Time From To SB(Micro) 07/27/2018 Expired 05/13/20 12:07PM 07/30/2018 05/13/2020 SB(Micro) 08/05/2013 Expired 07/27/18 9:54AM 08/05/2013 07/30/2018 Print this Page
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Library Interiors
16552 Burke Lane • Huntington Beach, CA • 92647-4538
(714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202
Company Profile
Yamada Enterprises has been dedicated to furnishing complete library interiors for 45 years. As a distributor for various manufacturers, we offer a selection of quality products that include bookstacks, mobile compact shelving systems, library furniture, seating and miscellaneous accessories.
The broad scope of our work enables our clients to enjoy a turnkey furniture and equipment installation from a single source supplier.
Yamada Enterprises offers planning assistance that focuses on your specific needs and objectives. We provide product information, specifications, floor plan preparation, and pricing. To challenge the increasing demand for maximum space utilization and efficiency, creative space planning solutions are offered. Our design work addresses Americans with Disabilities Act (ADA) as well as local building, fire, and safety codes. A California licensed structural engineer will provide seismic/design calculations on bookstacks and movable shelving pursuant to applicable codes.
As part of our comprehensive service, the jobsite is surveyed and field dimensions are verified to assure all furniture will properly conform to the floor plan. Shop drawings are then prepared for owner approval on all products. Purchase orders to the various manufacturers are initiated and their production is monitored. Arrangements for shipping and delivery are scheduled. Our experienced factory trained installation team will receive all material at the jobsite, then proceed with a quality and timely installation. Our goal is to exceed your expectations.
Yamada Enterprises has a valid California contractor's license and is bondable and insured.
Rev 02Ͳ2020
THE WORDEN COMPANY
TMC FURNITURE
16552 Burke Lane, Huntington Beach, CA 92647
(714) 843-9882 • (800) 444-4594 • E-mail: [email protected] www.yamadaenterprises.com
LIBRARIES • CORPORATE • EDUCATION • HOSPITALITY
HEALTHCARE • GOVERNMENT • MILITARY • RELIGIOUS • MUSEUM ESTEY
AURORA STORAGE PRODUCTS
The following is a representation of the manufacturers we offer. It is not a complete list. Please contact our office if there is a specific manufacturer you have interest in but do not see on our line card.
Rev 02Ͳ2020
TMC KIDS
PALMIERI
TMC LEARN AND PLAY
3BRANCH
ANDREU WORLD
DAVIS
Rev 02Ͳ2020
ARCADIA ENCORE
SITONIT
Hi5
SOURCE INTERNATIONAL
ERG
ARPER
MUZO BERNHARDT
Rev 02Ͳ2020
OUTDOOR CREATIONS
WAUSAU
ULTRASITE
SWIFTSPACE
SIX INCH
LYON
SEDIA SYSTEMS
BIBLIOTHECA/3M KINGSLEY
www.3branch.com
www.allermuir.com
www.amqsolutions.com
www.andreuworld.com
www.arcadiacontract.com
www.ardenstudio.com
www.arper.com
www.aurorastorage.com
www.bernhardtdesign.com
www.biofit.com
www.borgo.com
www.cachair.com
www.cherrymanindustries.com
www.dauphin.com
www.davisfurniture.com
www.deskmakers.com
www.division12.com
www.ecdergo.com
www.egan.com
www.encoreseating.com
www.enwork.com
www.erginternational.com
www.esiergo.com
www.esteyshelving.com
www.ezobord.com
www.fglibrary-us.com
www.fomcore.com
www.getknu.com
www.ghent.com
www.grandrapidschair.com
www.hbf.com
www.hcontractfurniture.com
www.hi5furniture.com
www.hightoweraccess.com
www.ideskinc.com
www.jsifurniture.com
www.keilhauer.com
www.kfistudios.com
www.kingsley.com
www.koncept.com
www.krug.ca
www.loftwall.com
www.lyonworkspace.com
www.magnusongroup.com
www.martinbrattrud.com
www.mediatechnologies.com
www.muzo-works.com
www.myinscape.com
www.myinscape.com
www.nevins.co
www.nookpod.com
www.nuansdesign.com
www.nucraft.com
www.oasis-berco.com
www.omseating.com
www.opconcepts.com
www.palmierifurniture.com
www.peterpepper.com
www.prismatique.com
www.psfurniture.com
www.quietearthmoss.com
www.silenspace.com
www.sitonit.net
www.sixinchusa.com
www.sourceinternationaldesign.com
www.specfurniture.com
www.stancehealthcare.com
www.stylexseating.com
www.swiftspaceinc.com
www.takeform.net
www.tenjam.com
www.tennsco.com
www.thesenatorgroup.com
www.tmcfurniture.com
www.tuohyfurniture.com
www.venueindustries.com
www.versteel.com
www.viaseating.com
www.westcoastindustries.com
www.wordencompany.com
www.zonez.com
QUOTATION # 25170-J R3
16552 Burke Lane, Huntington Beach, CA 92647-4538
(714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202
To: Date: 2/11/2026
Job Location: Corona
Est. Lead Time: 12-16 Weeks
Freight: See Below
F.O.B.: Destination
Terms: Net 30
ITEM QTY. PART NO. DESCRIPTION
UNIT LIST
PRICE DISC.
UNIT NET
COST
EXTENED NET
COST
MUMA
1. 10 Nook, medium height, 15mm chipboard frame and injected foam, upholstered with front quilting, grommet electrical unit with 3 power ports and 2 USB ports, side table frame in 18mm chipboard, adapted to the shape of the seat, with a
postformed formica finish, legs made with C.R. round tubing, 1 ½” C-16 and 3/16” x 3” steel plate.
Finishes: Standard (TBD)
$2,152.00 32.500% $1,452.60 $14,526.00
2. 5 Doppio Pouf diameter 0.38M mobile, injection of puliuterane density 60, upholstered in both textiles and synthetics, lower covering with polytex, 5 PP sliders of 1 diameter.
Fabric: Nuvant Vertigo Azul Petroleo
$328.00 32.500% $221.40 $1,107.00
3. 5 Doppio Pouf diameter 0.5M, injection of puliuterane density 60, upholstered in both textiles and synthetics, lower covering with polytex, 5 PP sliders of 1 diameter.
Fabric: Nuvant Vertigo Azul Petroleo
$358.00 32.500% $241.65 $1,208.25
4. 8 Wagon Seating 1.50 + Whisper Panel
Finishes: Standard (TBD)
$5,024.00 32.500% $3,391.20 $27,129.60
5. 4 Peninsular table, 25mm surface, metal structure triangular base with a U-shaped finish of 900, 1 base consisting of a column and embossed disc, electrical with channel and prepunched CR sheet metal box, rectangular cable pass-through.
Top: Standard (TBD)
Base: Standard (TBD)
$1,472.00 32.500% $993.60 $3,974.40
Corona Public Library
650 S. Main Street,
Corona, CA 92882
2/11/2026 25170-J R3 Page 1
QUOTATION # 25170-J R3
6. 8 Lizard T-shaped table, 25 mm board top, high-pressure laminate or high-density particle board, hook holder injected in zamak with pearl-chrome finish.
Top: Standard (TBD)
Coating: Electrostatic Powder Paint (TBD)
$966.00 32.500% $652.05 $5,216.40
7. 16 Kendo chair, semi-upholstered, armless, inner seat: laminated molded wood, backrest: polypropylene, upholstered with foam, density 40.
Finishes: Standard (TBD)
$288.00 32.500% $194.40 $3,110.40
8. 6 Armchair, Structure: Seat and legs in cold-rolled (CR) steel tubing 1" × 2"- gauge 16, Arms: CR steel tubing 40 × 20 mmgauge 16, with steel plate 1/8" and 1/2". CR steel sheetgauge 14, Beam: CR steel tubing 1" × 2"- gauge 14, Frame:
18 mm particle board, Backrest: 1" square CR steel tubinggauge 16, with steel plates 3/16" and 1/8", Backrest and seat:
Injected polyurethane foam- density 50, Arms: Injected
polyurethane foam- density 50, Feet: Injected polypropylene.
Finishes: Standard (TBD)
$912.00 32.500% $615.60 $3,693.60
9. 2 Soho low table 0.60 m, 18 mm particle board with highpressure laminate HPL top, insert nut M6 × 13 mm ROS, stamped disc base in cold-rolled (CR) steel sheet - gauge 20 with 5/16” iron plate.
Top: Standard (TBD)
Finish: Electrostatic Powder Coating
$286.00 32.500% $193.05 $386.10
10. 1 HERA Configuration seating, 2 bench module - 2 seat module - 3 seat module (x2) - 3 connector table, Foam: Cushions in injected foam density 50 kg/m3 and hardness 55 shore, with internal frame in Plywood Wood, Structure: Base in 16 gauge 61x31mm elliptical pipe with polypropylene floor spacers, Metal structure in 14 gauge CR sheet, Electrical outlets.
Finishes: Powder Coating Paint (Standard)
Fabric: Standard (TBD)
$5,164.00 32.500% $3,485.70 $3,485.70
11. 3 CBP TABLE 31", 25mm phenolic Tablex, 2mm PVC edge banding, Embossed base disc: Stainless Steel Sheet
Gauge 22, Iron Plate 5/16", Spacers: Polypropylene
Top: Skyline Walnut
Base Finish: Standard (TBD)
$616.00 32.500% $415.80 $1,247.40
12. 6 Icons spider chair, upholstered seat, Injected PP casing with fiberglass reinforcement, Covers: Injected in Zamak (x4), Wheels: Wheel diameter 65mm hard floor (x4).
Fabric: TBD
$222.00 32.500% $149.85 $899.10
2/11/2026 25170-J R3 Page 2
QUOTATION # 25170-J R3
13. 5 Nook, medium heigh made up of a 15mm chipboard frame and injected foam, All upholstered with front quilting, Grommet Electrical system with three power ports and 2 USB ports, Side table Frame in 18mm chipboard, adapted to the shape of the seat, with a postformed Formica
finish, legs made with C.R. round tubing, 1 ½” C-16 and 3/16”x3” steel plate.
Finishes: TBD
$2,152.00 32.500% $1,452.60 $7,263.00
14. 2 HERA Configuration, 2 seat module (x6) with arm, Foam:
Cushions in injected foam density 50 kg/m3 and hardness 55 shore, with internal frame in Plywood Wood, Structure: Base in 16 gauge 61x31mm elliptical pipe with polypropylene floor spacers, Metal structure in 14 gauge CR sheet, electrical outlets.
Finishes: Powder Coating Paint (Standard)
Fabric: Standard (TBD)
$6,696.00 32.500% $4,519.80 $9,039.60
15. 4 Doppio Pouf, diameter 0.38M mobile, injection of polyurethane density 60, upholstered in both textiles and synthetics, lower covering with polytex, 5 PP sliders of 1 diameter.
Fabric: Nuvant Vertigo Azul Petroleo
$328.00 32.500% $221.40 $885.60
16. 4 Doppio Pouf diameter 0.5M, injection of polyurethane density 60, upholstered in both textiles and synthetics, lower covering with polytex, 5 PP sliders of 1 diameter.
Fabric: Nuvant Vertigo Azul Petroleo
$358.00 32.500% $241.65 $966.60
17. 8 Laptop Table.
Top: Standard (TBD)
Base Finish: Standard (TBD)
$156.00 32.500% $105.30 $842.40
18. 1 HERA configuration, Composed: 3 seat module (x2) - Foam:
Cushions in injected foam density 50 kg/m3 and hardness 55 shore, with internal frame in Plywood Wood,
Structure: Base in 16 gauge 61x31mm elliptical pipe with polypropylene floor spacers, Metal structure in 14 gauge CR sheet, electrical outlets.
Finishes: Powder Coating Paint (Standard)
Fabric: Standard (TBD)
$3,042.00 32.500% $2,053.35 $2,053.35
19. 3 Square Lizard table 23".
Top: Standard (TBD)
Base Finish: Standard (TBD)
$225.00 32.500% $151.88 $455.63
2/11/2026 25170-J R3 Page 3
QUOTATION # 25170-J R3
20. 3 Icons Individual chair, Structure Shell injected in PP with fiberglass reinforcement, PP Injected Spacers (x4),
Hemispherical boots injected in PP (x4), Base Hardware
made of 12 gauge Hot Rolled pipe.
Finishes: Standard (TBD)
$132.00 32.500% $89.10 $267.30
21. 2 Soho low table 0.60 m, Top: 18 mm particle board with highpressure laminate HPL, Insert nut M6 × 13 mm ROS, Base: Stamped disc in cold-rolled (CR) steel sheet, gauge 20, with 5/16” iron plate.
Top: HPL (TBD)
Base Finish: Electrostatic Powder Coating
$286.00 32.500% $193.05 $386.10
22. 6 Auro Chair, Backrest: Steel structure inside and backrest, Molded foam: TH:107 mm, Polywood Interior Seat: 54.2 CM *
49.8 CM * 1.6 CM, Cutting foam Density: (35 ± 5) kg/m3/ Length 54.6 CM / Width 50.2 CM / Height 7.5 CM (not
regular), Steel legs covered with black paint.
Finishes: Standard (TBD)
$944.00 32.500% $637.20 $3,823.20
23. 6 Lizard T-shaped table, Top: 25 mm board, high-pressure laminate or high-density particle board, Hook holder injected in zamak with pearl-chrome finish.
Coating: Eelectrostatic Powder Paint
Top Finish: TBD
$966.00 32.500% $652.05 $3,912.30
24. 12 Kendo chair, semi-upholstered, armless, inner seat: laminated molded wood, backrest: polypropylene, upholstered with foam, density 40.
Finishes: Standard (TBD)
$288.00 32.500% $194.40 $2,332.80
25. 6 Nook, medium heigh made up of a 15mm chipboard frame and injected foam, All upholstered with front quilting, Grommet Electrical system with three power ports and 2 USB ports, Side table Frame in 18mm chipboard, adapted to the shape of the seat, with a postformed Formica
finish, legs made with C.R. round tubing, 1 ½” C-16 and 3/16”x3” steel plate.
Finishes: TBD
$2,152.00 32.500% $1,452.60 $8,715.60
26. 3 Doppio Pouf, diameter 0.38M mobile, injection of polyurethane density 60, upholstered in both textiles and synthetics, lower covering with polytex, 5 PP sliders of 1 diameter.
Fabric: Nuvant Vertigo Azul Petroleo
$328.00 32.500% $221.40 $664.20
27. 3 Doppio Pouf diameter 0.5M, injection of polyurethane density 60, upholstered in both textiles and synthetics, lower covering with polytex, 5 PP sliders of 1 diameter.
Fabric: Nuvant Vertigo Azul Petroleo
$358.00 32.500% $241.65 $724.95
2/11/2026 25170-J R3 Page 4
QUOTATION # 25170-J R3
28. 10 Ingo office chair, arms, seat injected with polyurethane foam - density 60, flexible backrest - injected with the highperformance polymer DuPont - Hytrel, adjustable armrests in terms of height, rotation, and depth (3D), adjustable lumbar support, backrest reclines in 4 positions, seat depth and height adjustment.
Finish: Standard (TBD)
$670.00 32.500% $452.25 $4,522.50
29. 1 Six-seat workstation, 1500 x 600 mm, HPL surface with 2mm PVC edging, 1.10m-high glass screen from floor level, coldrolled steel tube structure (gauge 22), electrical channel in steel (gauge 22), powder-coated finish, Without storage.
Top: HPL (TBD)
Base Finish: Standard (TBD)
$3,484.00 32.500% $2,351.70 $2,351.70
30. 1 Four seat island, 1500 x 600mm, HPL surface with 2mm PVC edging, 1.10m-high glass screens from floor level, cold-rolled steel tube structure (gauge 22), electrical channel in steel (gauge 22), powder-coated finish, Without storage.
Top: HPL (TBD)
Base Finish: Standard (TBD)
$2,308.00 32.500% $1,557.90 $1,557.90
31. 6 Auro Chair, Backrest: Steel structure inside and backrest, Molded foam: TH:107 mm, Polywood Interior Seat: 54.2 CM *
49.8 CM * 1.6 CM, Cutting foam Density: (35 ± 5) kg/m3/ Length 54.6 CM / Width 50.2 CM / Height 7.5 CM (not
regular), Steel legs covered with black paint.
Finishes: Standard (TBD)
$944.00 32.500% $637.20 $3,823.20
32. 2 Soho low table Ø0.60 m,Top: 18 mm particle board with highpressure laminate HPL, Insert nut M6 × 13 mm ROS, Base:
Stamped disc in cold-rolled (CR) steel sheet, gauge 20, with 5/16” iron plate.
Top: HPL (TBD)
Base Finish: Electrostatic Powder Coating
$286.00 32.500% $193.05 $386.10
33. 4 Surf Bar, Electrified bar with two panels, Materials: 18 mm particleboard with laminate.
Finishes: Standard (TBD)
$2,516.00 32.500% $1,698.30 $6,793.20
34. 24 Icons Individual chair Structure Shell injected in PP with fiberglass reinforcement, PP Injected Spacers (x4),
Hemispherical boots injected in PP (x4), Base Hardware made of 12 gauge Hot Rolled pipe.
Finishes: Standard (TBD)
$132.00 32.500% $89.10 $2,138.40
2/11/2026 25170-J R3 Page 5
QUOTATION # 25170-J R3
35. 3 Doppio Pouf, diameter 0.38M mobile, injection of polyurethane density 60, upholstered in both textiles and synthetics, lower covering with polytex, 5 PP sliders of 1 diameter.
Fabric: Nuvant Vertigo Azul Petroleo
$328.00 32.500% $221.40 $664.20
36. 3 Doppio Pouf diameter 0.5M, injection of polyurethane density 60, upholstered in both textiles and synthetics, lower covering with polytex, 5 PP sliders of 1 diameter.
Fabric: Nuvant Vertigo Azul Petroleo
$358.00 32.500% $241.65 $724.95
37. 2 Juno Sofa, Module with backrest, seat foam in injected polyurethane density 60, frame 19 mm thick chipboard, base CR pipe 76 x 38, 12 gauge CR sheet, Configuration composed of four curved modules with backrest.
Fabric: TBD
$4,724.00 32.500% $3,188.70 $6,377.40
38. 1 Lizard T-shaped table, Top: 25 mm board, high-pressure laminate or high-density particle board, Hook holder injected in zamak with pearl-chrome finish.
Coating: Eelectrostatic Powder Paint
Top Finish: TBD
$966.00 32.500% $652.05 $652.05
39. 2 Kendo chair, semi-upholstered, armless, inner seat: laminated molded wood, backrest: polypropylene, upholstered with foam, density 40.
Finishes: Standard (TBD)
$288.00 32.500% $194.40 $388.80
40. 1 HERA configuration, Composed: 3 seat module (x2) - Foam:
Cushions in injected foam density 50 kg/m3 and hardness 55 shore, with internal frame in Plywood Wood,
Structure: Base in 16 gauge 61x31mm elliptical pipe with polypropylene floor spacers, Metal structure in 14 gauge CR sheet, electrical outlets.
Finishes: Powder Coating Paint (Standard)
Fabric: Standard (TBD)
$3,042.00 32.500% $2,053.35 $2,053.35
41. 2 Laptop Table.
Top: Standard (TBD)
Base Finish: Standard (TBD)
$156.00 32.500% $105.30 $210.60
3branch
2/11/2026 25170-J R3 Page 6
QUOTATION # 25170-J R3
43. 1 KU-DSK-KDNY-6033-
ADJT-LAM-CAS
Kurve Desk Kidney Shape with 60" x 33" laminate top,
laminate modesty panel, hand-crank, height adjustability 29"- 42" high, powder coated base, 2 grommets, wire management cable tray, magnetic wire management channel, locking
casters, PVC edgeband.
Laminate Finish: Standard (TBD)
Base Finish: Standard Powder Coat (TBD)
$8,855.00 32.500% $5,977.13 $5,977.13
44. 6 MF-7230-NEST-ADJTLAM-CASMaker Flex Table with 72" x 30" laminate top and PVC edgeband, nesting w/hand-crank, height adjustability 27"-42" high, powder coated base, locking casters.
Laminate Finish: Standard (TBD)
Base Finish: Standard Powder Coat (TBD)
$3,527.00 32.500% $2,380.73 $14,284.35
SitOnIt
45. 12 1011 FT1 A0 PS SC1
GL2 FC1 AB
Lumin four leg armless chair, plastic back and seat,
performance multi-surface glides.
Shell Color: Standard (TBD)
Frame Finish: Standard (TBD)
$361.00 46.000% $194.94 $2,339.28
$163,561.68
N/A
$163,561.68
8.750% $14,311.65
$21,537.00
$199,410.33
Jr Arroyo
[email protected]
SUBTOTAL
SALES TAX
FREIGHT
TOTAL
Jr Arroyo
NOTES:
Pricing per TIPS Furniture contract #220303, expiring 5/31/2027.
No installation included. Customer is responsible for receiving and installing the furniture using its own labor and means and methods. Customer must receive shipment at a loading dock or provide its own forklift to unload material. Customer must inspect all shipments and sign for material. If the shipment is damaged, customer must mark the BOL as such and notify Yamada within 48 hours of any concealed damages so that a freight claim can be filed within the required timeframe.
Due to the uncertainty in our market with potential surcharges, we reserve the right to adjust the proposal by the amount that surcharges are passed along to us by our suppliers.
DIR #1000001651
COST OF MATERIALS
LABOR
1. This quotation is subject to change unless accepted within 30 days from the above date.
2. Shipping dates are approximate and are based upon receipt of all necessary information.
3. Prices quoted do not include direct taxes imposed by Federal, State or Municipal authorities unless stated.
4. A service charge of 1½% per month (18% annum) will be charged on all past due accounts.
5. If paying with credit card, add 3.75% to total.
2/11/2026 25170-J R3 Page 7
DATE: 02/18/2026
TO: Honorable Mayor and City Council Members
FROM: Police Department
2026-63
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
ACCEPTANCE OF THE FISCAL YEAR 2023 HOMELAND SECURITY PROGRAM
GRANT AND AUTHORIZE A PURCHASE ORDER TO MOTOROLA SOLUTIONS EXECUTIVE SUMMARY:
This staff report asks the City Council to accept the Fiscal Year 2023 Homeland Security Program Grant and approve the purchase of twenty-six (26) APX NEXT multi-band portable radios and associated accessories from Motorola Solutions, Inc. These radios leverage existing infrastructure within the Public Safety Enterprise Communication network to enhance operational effectiveness, responder safety, and multi-agency coordination without duplicating existing systems.
RECOMMENDED ACTION:
That the City Council:
a. Authorize the submittal for and acceptance of the Federal Department of Homeland Security Program through the State of California, Riverside County’s Fiscal Year 2023 State Homeland Security Program Grant award in the amount of $218,000.
b. Approve an appropriation and estimated revenue increase of $218,000 within the Reimbursement Grants Fund 480 for the Police Department to purchase handheld radios, which will be reimbursed with the above-noted grant funds.
c. Authorize the City Manager, or his designee, to issue a purchase order to Motorola Solutions, Inc. for the purchase of twenty-six (26) APX NEXT multi-band portable radios and associated accessories, in an amount of $218,000. d. Authorize the City Manager, or designee, to execute any grant-related agreements or amendments necessary to complete this purchase, subject to legal and financial review.
e. Authorize the City Manager, or his designee, to negotiate and execute any nonsubstantive extensions, amendments, and change orders up to $21,800 or 10% of the original purchase order amount as provided by the Corona Municipal Code (CMC) Section 3.08.060(j).
BACKGROUND & HISTORY:
Reliable, interoperable communications are foundational to effective public safety and emergency management operations. The City of Corona Police Department and its public safety partners respond to thousands of incidents annually, including routine calls for service, large-scale planned events, and unplanned incidents involving large crowds, critical infrastructure, or elevated threat conditions.
Historically, public safety agencies nationwide operated radio systems across disparate frequency bands and manufacturers, limiting interoperability during multi-agency incidents. The development and adoption of Project 25 (P25) standards addressed these challenges by establishing interoperable, standards-based land mobile radio (LMR) systems. The city has made sustained investments in P25-compliant systems and operates within the PSEC regional network to ensure seamless communications with neighboring jurisdictions and partner agencies.
In September 2023, the City Council approved the purchase of multi-band capable portable radios to replace legacy radios that had reached end of life. That investment modernized the Department’s core radio inventory, enhanced officer safety, and ensured compatibility with regional partners. The proposed SHSP-funded purchase is a complementary and additive investment focused on expanding access to advanced, interoperable radios for all field personnel and incident management roles.
ANALYSIS:
The State Homeland Security Program prioritizes investments that strengthen prevention, protection, response, and recovery capabilities for terrorism and other high-consequence all-hazards incidents. Communications capability gaps identified through the Threat and Hazard Identification and Risk Assessment/Stakeholder Preparedness Review (THIRA/SPR) process consistently highlight the need for resilient, interoperable communications across disciplines and jurisdictions.
The APX NEXT multi-band capable portable radio directly addresses these gaps by providing Interoperability across multiple frequency bands, enabling seamless communications with law enforcement partners during joint operations. o Redundant communications pathways through traditional LMR systems and broadband connectivity via LTE and Wi-Fi, ensuring continuity of communications during network congestion, infrastructure disruption, or system failure. o Compatibility with the Motorola-based PSEC core, avoiding feature loss, workarounds, or reliability issues associated with non-native vendor radios. o Embedded GPS and advanced safety features that support real-time personnel tracking, enhanced situational awareness, and improved incident command and control.
The APX NEXT radios will be deployed to the remaining field personnel whose operational roles require direct, real-time communications, including field responders, command staff, emergency operations center personnel, and technology-enabled support functions such as intelligence analysis, aerial systems, or camera-based monitoring.
This project does not duplicate existing systems. Instead, it expands access to compatible, resilient radios that leverage infrastructure already installed within the PSEC network, including equipment previously deployed to support LTE/broadband functionality. By doing so, the City maximizes prior investments while incrementally strengthening its communications posture.
BASIS FOR DETERMINATION OF COMPETITIVE BIDDING
This method of procurement is permitted per the Corona Municipal Code (CMC) section
3.08.140(c), which states that competitive bidding is not required for non-public projects as follows:
“Competitive bidding already completed. When the Purchasing Manager and the authorized
contracting party, with the approval of the City Manager, determine that:
1) A competitive bid procedure has been conducted by another public agency including, but not limited to, another local agency, the state through the California Multiple Award Schedule (CMAS), the federal government through the General Services Administration (GSA), the U.S. Communities Government Purchasing Alliance, or the Western States Contracting Alliance (WSCA); and 2) The price to the City is equal to or better than the price to that public agency.”
The City of Corona Police Department will use Los Angeles County issued Contract No.
MA-IS-2240228-2, with an effective date from July 1, 2025, valid through June 30, 2026, to Motorola Solutions Inc.
FINANCIAL IMPACT:
Approval of the recommended actions will result in an appropriation and estimated revenue increase in the amount of $218,000 within the Reimbursement Grants Fund 480 for the Police Department. These grant funds will be utilized to purchase hand-held radios for the Police Department, which will be fully reimbursed through the Federal Department of Homeland Security Program via the State of California, Riverside County's Fiscal Year 2023 State Homeland Security Program (SHSP) Grant award.
This is a reimbursement-based grant, meaning the City will initially expend funds for the purchase of hand-held radios and subsequently receive reimbursement from the grantor.
There is no General Fund impact, as all eligible expenditures will be fully reimbursed through the grant award. Grant funds must be fully expended in accordance with the grant agreement terms and conditions.
Category Amount/Details
📊 Total Grant Award $218,000
🏦 Fund Reimbursement Grants Fund 480
👮 Department Police Department
📅 Performance Period February 4, 2026 – May 5, 2026
⏰ Final Reimbursement Deadline Within 20 calendar days after May 5, 2026 💰 General Fund Impact None – Full reimbursement grant
🎯 Purpose Purchase of hand-held radios
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA. This action merely approves an agreement for the purchase of multiband portable radios, and there is no possibility that this project will have a significant effect on the environment.
Therefore, no environmental analysis is required.
PREPARED BY: MATTHEW WINDISH, PUBLIC SAFETY COMMUNICATIONS
MANAGER
REVIEWED BY: ROBERT NEWMAN, CHIEF OF POLICE
ATTACHMENTS:
1. Exhibit 1 – FY23 SHSP Award Letter
2. Exhibit 2 – RES 2024-085
3. Exhibit 3 – Motorola QUOTE-3470683
4. Exhibit 3 – LA County_MA-IS-2240228-2 Executed
Billing Address:
CORONA POLICE DEPT, CITY OF
730 CORP YARDWAY
CORONA, CA 92880
US
Shipping Address:
CORONA POLICE DEPT, CITY OF
730 CORP YARDWAY
CORONA, CA 92880
US
Quote Date:01/22/2026
Expiration Date:03/23/2026
Quote Created By:
Saeed Salimian
Saeed.Salimian@
motorolasolutions.com
End Customer:
CORONA POLICE DEPT, CITY OF
Matt Windish
[email protected]
951-736-2395
Contract: 18105 - LA COUNTY , CA MAIS-2240228
Summary:
Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents.
Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms.
Line
#
Item Number Description Qty Term List Price Sale Price Ext. Sale Price APX™ NEXT APX NEXT SINGLE BAND
1 H45TGT9PW8AN PORTABLE RADIO APX
NEXT SINGLE BAND
MODEL 4.5
26 $7,106.00 $4,046.16 $105,200.16
1a Q387CB ADD: MULTICAST VOTING
SCAN
26 Included Included Included
1b QA09016AA ADD: LTE FOR VERIZON
LTE SERVICE
26 $0.00 $0.00 $0.00
1c QA07710AA ALT: STUBBY 7-800MHZ
6CM ANTENNA
26 $0.00 $0.00 $0.00
1d QA09030AB ADD: MOTOROLA APX
HOSTED RADIOCENTRAL*
26 $0.00 $0.00 $0.00
1e BD00001AA ADD: CORE BUNDLE 26 $3,323.00 $1,892.12 $49,195.12 1f Q806CH ADD: ASTRO DIGITAL CAI
OPERATION
26 Included Included Included
1g QA09001AM ADD: WIFI CAPABILITY 26 Included Included Included 1h Q498BN SOFTWARE LICENSE ENH:
ASTRO 25 OTAR W/
MULTIKEY
26 Included Included Included
QUOTE-3470683
Corona PD - (26) APX NEXT Single
band
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Line
#
Item Number Description Qty Term List Price Sale Price Ext. Sale Price 1i H797DW SOFTWARE LICENSE ENH:
DVP-XL ENCRYPTION AND
ADP
26 Included Included Included
1j QA09028AA ADD: VIQI VC RADIO
OPERATION
26 Included Included Included
1k H38DA ADD: SMARTZONE
OPERATION
26 Included Included Included
1l Q15AU ADD: AES/DES-XL/DES-OFB
ENCRYPTION AND ADP
26 Included Included Included
1m QA03399AK ADD: ENHANCED DATA 26 Included Included Included 1n QA01767BL ADD: P25 LINK LAYER
AUTHENTICATION
26 Included Included Included
1o BD00010AB ADD: SECURITY BUNDLE 26 $1,227.00 $698.65 $18,164.90 1p H499KC ENH: SUBMERSIBLE
(DELTA T)
26 Included Included Included
1q QA00580BA ADD: TDMA OPERATION 26 Included Included Included 1r QA09113AA ADD: BASELINE RELEASE
SW
26 $0.00 $0.00 $0.00
1s QA07680AA ADD: MULTI SYSTEM OTAR 26 Included Included Included 1t QA00569AP ADD: 7/800MHZ BAND 26 $0.00 $0.00 $0.00
1u Q361CD ADD: P25 9600 BAUD
TRUNKING
26 Included Included Included
2 PSV01S02944A PROVISIONING SUPPORT 1 $0.00 $0.00 $0.00 3 SSV01S01407A SMARTPROGRAMMING 26 2 YEAR $150.00 $150.00 $3,900.00 4 LSV01S03446A APX NEXT DMS ESSENTIAL 26 3 YEARS $230.76 $179.99 $4,679.74 5 SSV01S01406A APX NEXT
SMARTCONNECT
SUBSCRIPTION
26 2 YEAR $150.00 $150.00 $3,900.00
6 SSV01S01476A SMARTLOCATE 26 2 YEAR $150.00 $150.00 $3,900.00 7 LSV01S03082A RADIOCENTRAL
PROGRAMMING
26 2 YEARS $64.08 $49.98 $1,299.48
8 SSV01S01907A SMARTMAPPING 26 2 YEAR $150.00 $150.00 $3,900.00 9 PMMN4135B PORTABLE RSM XVP850,
IP68, WITH KNOB
26 $543.13 $309.26 $8,040.76
Subtotal $340,443.22
Total Discount Amount $138,263.06
Estimated Tax $15,802.58
QUOTE-3470683
Corona PD - (26) APX NEXT Single
band
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Grand Total $217,982.74(USD)
Notes:
● Additional information is required for one or more items on the quote for an order.
Motorola's quote (Quote Number: ________________ Dated: ____________ ) is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the "Underlying Agreement") that authorizes Customer to purchase equipment and/or services or license software (collectively "Products"). If no Underlying Agreement exists between Motorola and Customer, then the following Motorola's Standard Terms of use and Purchase Terms and Conditions govern the purchase of the Products which is found at http://www.motorolasolutions.com/product-terms.
The Parties hereby enter into this Agreement as of the Effective Date.
Motorola Solutions, Inc. Customer
By: ______________________________ By: ______________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: ____________________________ Date: ____________________________ Date: ____________________________ ● This quote contains items with approved price exceptions applied against them. ● • This is one-time discount approved by Motorola Management to meet Corona PD's grant budget • This price is approved based on getting a PO by March 16th 2026 and shipping by March 27th 2026 QUOTE-3470683
Corona PD - (26) APX NEXT Single
band
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
TERM CONTRACT AWARD CONTRACT NO:
MA-IS-2240228-2
VERSION DATE
06/27/25
INTERNAL SERVICES DEPARTMENT PROCUREMENT FOLDER: 2371000
MOTOROLA SOLUTIONS INC
725 S. FIGUEROA ST., STE. 1855
LOS ANGELES CA 90017
BUYER: Natalie Monge
PHONE: (323) 443-8596
EMAIL: [email protected]
VENDOR NO: 033256
CONTACT: Jeff Ashton
PHONE: 954-605-3762
FISCAL YEAR:
EFFECTIVE DATE: 07/01/25
EXPIRATION: 06/30/26
RADIO COMMUNICATIONS (MOTOROLA)
LINE
NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE 1 COMMODITY CODE: 725-45-00-028600
END DATE
RADIO COMMUNICATIONS EQUIPMENT
MFG: MOTOROLA
% DISCOUNT: SEE EXHIBIT A _ 2025-2026
DISCOUNT DATED JULY, 1, 2025
0.000 DISCOUNT 0.0000 %
2 COMMODITY CODE: 962-86-00-043391
END DATE
FREIGHT
(SEE PAGE 17 OF EXHIBIT A FOR
FREIGHT/SHIPPING CHARGE DETAILS)
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0.000 EA ITEM $ 0.000000
COUNTY OF LOS ANGELES VENDOR SIGNATURE/DATE
Natalie Monge
Digitally signed by Natalie
Monge
Date: 2025.06.27 11:18:30
-07'00'
SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD
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AMENDMENT #1 - 06/26/25
1st Extension Term 07/01/25 - 06/30/26
To replace "Exhibit A for LA County Discounts 2022-2025" with "Exhibit A for LA County Discounts 2025-2026."
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
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TERMS & CONDITIONS OF PURCHASE FOR CONTRACT MA-IS-2240228 NOTE: THE COUNTY OF LOS ANGELES IS USING A NEW DATABASE NUMBERING SYSTEM; THEREFORE, THE COUNTY OF LOS ANGELES MASTER PURCHASE AGREEMENT NUMBER 2240228 (TERM: 2022 - 2025) WILL HAVE A NEW NUMBER ASSOCIATED WITH IT. THIS NEW NUMBER IS A PROCEDURAL CHANGE AND DOES NOT CHANGE THE NATURE OF THE EXTENSION OF THE AGREEMENT NUMBER 2240228.
ALL THE TERMS AND CONDITIONS OF THE AGREEMENT REMAIN THE SAME.*** ****NOTE: THIS CONTRACT SHALL BE FOR THE PURCHASE OF RADIO COMMUNICATION EQUIPMENT & RELATED ACCESSORIES ONLY. PRODUCTS WITH RADIO COMMUNICATIONS AS AN ADDTIONAL FEATURE (I.E DESK
OR LAPTOP COMPUTERS) SHALL NOT BE PURCHASED UNDER THIS CONTRACT.**** CONDITIONS OF PURCHASE: THIS CONTRACT SHALL BE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS AND ANY ATTACHMENTS HERETO. 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). FAILURE OF COUNTY TO OBJECT TO PROVISIONS
CONTAINED IN ANY ACKNOWLEDGMENT, DOCUMENT OR OTHER COMMUNICATION
FROM VENDOR SHALL NOT BE CONSTRUED AS A WAIVER OF THESE TERMS AND CONDITIONS NOR AN ACCEPTANCE OF ANY SUCH PROVISION.
1. TERMS OF AGREEMENT:
THE TERM OF THIS AGREEMENT SHALL COMMENCE ON THE DATE THE AGREEMENT IS EXECUTED AND SHALL EXPIRE IN THREE (3) YEARS THEREAFTER, UNLESS SOONER TERMINATED OR EXTENDED, IN WHOLE OR IN PART, AS PROVIDED IN THIS AGREEMENT; EXCEPT THAT:
A. COUNTY MAY EXTEND THIS CONTRACT FOR AN ADDITIONAL 24 MONTHS. (TO BE DONE IN 12 MONTH INCREMENTS).
B. COUNTY SHALL NOTIFY VENDOR OF ANY DETERMINATION TO EXTEND THIS AGREEMENT NOT LESS THAN THIRTY (30) DAYS BEFORE THE EXPIRATION OF THE ORIGINAL OR EXTENDED AGREEMENT.
C. COUNTY'S PROJECT MANAGER MAY AUTHORIZE MONTH TO MONTH EXTENSION AT THE ENDOF EACH AGREEMENT TERM, NOT TO EXCEED SIX (6) MONTHS.
VENDOR AGREES THAT SUCH EXTENSIONS SHALL BE AT THE SAME RATES, TERMS AND CONDITIONS.
ANY AGREEMENT FORMULATED FROM THIS INQUIRY MAY BE CANCELLED BY EITHER PARTY, AFTER INITIAL YEAR OF THE AGREEMENT PERIOD, UPON NINETY (90) DAYS WRITTEN NOTICE. THE COUNTY MAY CONTINUE TO PLACE ORDERS AGAINST SAID AGREEMENT UNTIL THE EFFECTIVE DATE OF SUCH CANCELLATION.
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 WRITTEN AGREEMENT 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 SUITABLE PACKED AND MARKED. PURCHASE ORDER NUMBER MUST BE ON ALL SHIPPING
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DOCUMENTS AND CONTAINERS.
3 INVOICES: INVOICES SHALL BEAR UPON THEIR FACE THE PURCHASE ORDER NUMBER WHICH APPEARS IN THE UPPER RIGHT-HAND CORNER HEREOF.
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 A DELIVERED PRICE, ALL
TRANSPORTATION AND DELIVERY CHARGES MUST BE PREPAID IN FULL TO DESTINATION.
4 PRICE/SALES TAX: UNLESS OTHERWISE DEFINITELY SPECIFIED, PRICES BID SHALL NOT INCLUDE SALES, OR USE TAXES. CONTRACTOR SHALL PROVIDE
EITHER THE SERIAL NUMBER OR ITS RETAILER'S PERMIT TO ENGAGE IN
BUSINESS AS A SELLER (IF A CA COMPANY) OR ITS RETAILER'S CERTIFICATE OF REGISTRATION - USE TAX (IF NOT CA COMPANY). WITHOUT ONE OF THESE NUMBERS, COUNTY WILL NOT PAY SALES/USE TAX DIRECT TO ANY VENDOR. 5 PAYMENT TERMS: PAYMENT TERMS ARE NET 30 DAYS FROM COUNTY'S
RECEIPT OF A CORRECT AND PROPER INVOICE, AS PREPARED IN ACCORDANCE WITH THE TERMS OF THE PURCHASE ORDER AND CONTRACT 2240228 IN NO EVENT SHALL COUNTY BE LIABLE FOR ANY LATE CHARGES. INVOICES
SHALL ONLY BE ISSUED AFTER COUNTY'S ACCEPTANCE OF THE GOODS AND/OR PRODUCTS. DISCOUNTS SHALL BE AS SET FORTH ON PURCHASE ORDER OR CONTRACT (WHICHEVER IS GREATER).
6 WARRANTIES: VENDOR SHALL, AT NO COST TO COUNTY, PROMPTLY CORRECT ANY AND ALL DEFECTS IN THE ITEMS OR SERVICES PROVIDED HEREUNDER.
THE TERM OF THIS WARRANTY SHALL BE AS SET FORTH ON THE FACE HEREOF OR IS NOT TERM AS SHOWN, NINETY (90) DAYS FROM DATE OF COUNTY'S ACCEPTANCE OF THE ITEM OR SERVICE. VENDOR WARRANTS THAT THE ITEMS
MAY BE SHIPPED, SOLD AND USED IN CUSTOMARY MANNER WITHOUT VIOLATION
OF ANY LAW, ORDINANCE, RULE OR REGULATION OF ANY GOVERNMENT OR ADMINISTRATIVE BODY.
DISCLAIMER OF OTHER WARRANTIES: THESE WARRANTIES ARE THE COMPLETE
WARRANTIES FOR THE EQUIPMENT PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7 CANCELLATION: UNLESS OTHERWISE SPECIFIED HEREIN, COUNTY MAY CANCEL
ALL OR PART OF A PURCHASE ORDER 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 CHARGE NOT EXCEEDING ONE PERCENT (1%) OF THE VALUE OF THE CANCELLED PORTION OF THE PURCHASE
ORDER MAY BE CHARGED COUNTY FOR CANCELLATION WITH LESS THAN THIRTY (30) CALENDAR DAYS PRIOR WRITTEN NOTICE.
8 EMPLOYMENT ELIGIBILITY: VENDOR WARRANTS THAT IT FULLY COMPLIES
WITH ALL STATUTES AND REGULATIONS REGARDING THE EMPLOYMENT OF ALIENS AND OTHERS.
8A--FAIR LABOR STANDARDS: VENDOR SHALL COMPLY WITH ALL APPLICABLE PROVISIONS OF THE FEDERAL FAIR LABOR STANDARDS ACT.
9 HAZARDOUS MATERIALS: VENDOR WARRANTS THAT IT COMPLIES WITH ALL
FEDERAL, STATE AND LOCAL LAWS, RULES, ORDINANCES AND REGULATIONS CONCERNING HAZARDOUS MATERIALS AND TOXIC SUBSTANCES.
10 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
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OFFICE OR EMPLOYEE OF COUNTY WITH A VIEW TOWARD SECURING A
PURCHASE ORDER OR FAVORABLE TREATMENT WITH RESPECT TO ANY DETERMINATION CONCERNING THE PERFORMANCE OF THE 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.
11 CONFLICT OF INTEREST: NO COUNTY EMPLOYEE WHOSE POSITION WITH
COUNTY ENABLES SUCH EMPLOYEE TO INFLUENCE THE AWARD OF A
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 THE PURCHASE ORDER. NO OFFICER OR EMPLOYEE OF VENDOR,
WHO MAY FINANCIALLY BENEFIT FROM THE AWARD OF A PURCHASE ORDER SHALL
IN ANY WAY PARTICIPATE IN COUNTY'S APPROVAL, ONGOING EVALUATION, OR IN
ANY WAY ATTEMPT TO UNLAWFULLY INFLUENCE COUNTY'S APPROVAL OR ONGOING EVALUATION.
11A--VENDOR SHALL COMPLY WITH ALL CONFLICT OF INTEREST LAWS,
ORDINANCES AND REGULATIONS NOW IN EFFECT OR HEREAFTER TO BE ENACTED DURING THE TERM OF THE 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.
12 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.
13 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 ALLEGED OR ACTUAL NEGLIGENCE DUE TO OR ASSOCIATED WITH VENDOR'S
NEGLIGENT OPERATIONS, GOODS, AND/OR COMMODITIES OR SERVICES PROVIDED HEREUNDER.
IF AN INFRINGEMENT CLAIM OCCURS VENDOR MAY AT ITS OPTION AND EXPENSE
PROCURE FOR COUNTY THE RIGHT TO CONTINUE USING THE EQUIPMENT, REPLACE
OR MODIFY IT SO THAT IT BECOMES NON-INFRINGING WHILE PROVIDING
FUNCTIONALLY EQUIVALENT PERFORMANCE, OR GRANT COUNTY A CREDIT FOR SUCH EQUIPMENT OR VENDOR SOFTWARE AS DEPRECIATED AND ACCEPT ITS RETURN.
THE DEPRECIATION AMOUNT WILL BE CALCULATED BASED UPON GENERALLY ACCEPTED ACCOUNTING STANDARDS FOR SUCH EQUIPMENT AND SOFTWARE.
VENDOR WILL HAVE NO DUTY TO DEFEND OR INDEMNIFY FOR ANY INFRINGEMENT
CLAIM THAT IS BASED UPON (I) THE COMBINATION OF THE EQUIPMENT OR
VENDOR SOFTWARE WITH ANY THIRD PARTY SOFTWARE, APPARATUS OR DEVICE NOT FURNISHED BY VENDOR; (II) THE USE OF ANCILLARY EQUIPMENT OR SOFTWARE
NOT FURNISHED BY MOTOROLA AND THAT IS ATTACHED TO OR USED IN CONNECTION WITH THE EQUIPMENT OR VENDOR SOFTWARE; (III) ANY EQUIPMENT THAT IS NOT VENDOR'S DESIGN OR FORMULA; (IV) A MODIFICATION OF THE VENDOR SOFTWARE BY A PARTY OTHER THAN VENDOR; OR (V) THE FAILURE BY
COUNTY TO INSTALL AN ENHANCEMENT RELEASE TO THE VENDOR SOFTWARE THAT IS INTENDED TO CORRECT THE CLAIMED INFRINGEMENT. THE FOREGOING STATES
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THE ENTIRE LIABILITY OF VENDOR WITH RESPECT TO INFRINGEMENT OF PATENTS
AND COPYRIGHTS BY THE EQUIPMENT AND VENDOR SOFTWARE OR ANY PARTS THEREOF.
THIS INDEMNITY SHALL INCLUDE, BUT NOT BE LIMITED TO, CLAIMS FOR OR BY
REASON OF ANY ALLEGED INFRINGEMENT OF ANY UNITED STATES PATENT OR COPYRIGHT OR ANY ACTUAL OR ALLEGED TRADE SECRET DISCLOSURE. 14 LIABILITY INSURANCE:
THE COUNTY OF LOS ANGELES, ITS AGENTS OR EMPLOYEES, WILL NOT BE RESPONSIBLE FOR LOSS BY FIRE, FLOOD OR ACTS OF GOD. AFTER SUCH
LOSS OF EQUIPMENT OR PARTS THEREOF HAS BEEN REPORTED TO YOU,
REPLACEMENT IS TO BE MADE BY SUPPLIER WITHIN TIME QUOTED FOR ORIGINAL DELIVERY. HOWEVER, IF POSITIVE PROOF CAN BE FURNISHED
SHOWING THAT A COUNTY EMPLOYEE IS RESPONSIBLE FOR ANY ACT OF
NEGLIGENCE THAT AFFECTS THE OPERATION OR CONDITION OF THE
EQUIPMENT, REPAIR OR REPLACEMENT WILL BE FOR THE ACCOUNT OF THE COUNTY.
THIS LIMITATION OF LIABILITY PROVISION SHALL APPLY NOTWITHSTANDING ANY CONTRARY PROVISION IN THIS AGREEMENT. EXCEPT FOR PERSONAL INJURY OR
DEATH, MOTOROLA'S TOTAL LIABILITY, WHETHER FOR BREACH OF CONTRACT,
WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, INDEMNIFICATION, OR
OTHERWISE, WILL BE LIMITED TO THE DIRECT DAMAGES RECOVERABLE UNDER
LAW, BUT NOT TO EXCEED ONE MILLION DOLLARS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED.
ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS
AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. THIS
LIMITATION OF LIABILITY WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. NO ACTION FOR BREACH OF THIS AGREEMENT OR OTHERWISE
RELATING TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT MUST BE BROUGHT WITHIN THE STATUTORY PERIOD PROVIDED UNDER CALIFORNIA LAW. 15 INSURANCE COVERAGE REQUIREMENTS;
GENERAL LIABILILTY: INSURANCE (WRITTEN ON ISO POLICY FORM CG 00 01 OR ITS EQUIVALENT) WITH LIMITS OF NOT LESS THAN THE FOLLOWING:
GENERAL AGGREGATE: $5 MILLION
PERSONAL AND ADVERTISING INJURY: $1 MILLION
EACH OCCURENCE: $5 MILLION
16 WORKERS COMPENSATION AND EMPLOYERS' LIABILLITY: INSURANCE
PROVIDING WORKERS COMPENSATION BENEFITS, AS REQUIRED BY THE
LABOR CODE OF THE STATE OF CALIFORNIA OR BY ANY OTHER STATE, AND FOR WHICH CONTRACTOR IS RESPONSIBLE. IF CONTRACTOR'S EMPLOYEES
WILL BE ENGAGED IN MARITIME EMPLOYMENT, COVERAGE SHALL PROVIDE WORKERS COMPENSATION BENEFITS AS REQUIRED BY THE U.S. LONGSHORE
AND HARBOR WORKERS' COMPENSATION ACT, JONES ACT OR ANY OTHER FEDERAL LAW FOR WHICH CONTRACTOR IS RESPONSIBLE.
IN ALL CASES, THE ABOVE INSURANCE ALSO SHALL INCLUDE EMPLOYERS' LIABILITY COVERAGE WITH LIMITS OF NOT LESS THAN THE FOLLOWING:
EACH ACCIDENT: $1 MILLION
DISEASE - POLICY LIMIT: $1 MILLION
DISEASE - EACH EMPLOYEE: $1 MILLION
17 INDEMNIFICATION AND INSURANCE REQUIREMENTS
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FOR LOS ANGELES COUNTY SERVICE AGREEMENTS
INDEMNIFICATION: CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS
COUNTY, AND ITS SPECIAL DISTRICTS, ELECTED AND APPOINTED OFFICERS,
EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY,
INCLUDING BUT NOT LIMITED TO DEMANDS, CLAIMS, ACTIONS, FEES, COSTS,
AND EXPENSES (INCLUDING ATTORNEY AND EXPERT WITNESS FEES), ARISING
FROM OR CONNECTED WITH CONTRACTOR'S ACTS AND/OR OMISSIONS ARISING FROM AND/OR RELATING TO THIS AGREEMENT.
GENERAL INSURANCE REQUIREMENTS: WITHOUT LIMITING CONTRACTOR'S
INDEMNIFICATION OF COUNTY AND DURING THE TERM OF THIS AGREEMENT,
CONTRACTOR SHALL PROVIDE AND MAINTAIN, AND SHALL REQUIRE ALL OF ITS
SUB-CONTRACTORS TO MAINTAIN, THE FOLLOWING PROGRAMS OF INSURANCE SPECIFIED IN THIS AGREEMENT. SUCH INSURANCE SHALL BE PRIMARY TO
ANY OTHER INSURANCE OR SELF-INSURANCE PROGRAMS
MAINTAINED BY COUNTY, AND SUCH COVERAGE SHALL BE PROVIDED AND MAINTAINED BY CONTRACTOR'S OWN EXPENSE.
CONTRACTOR SHALL PROVIDE TO COUNTY A SPECIFIC ADDITIONAL INSURED
ENDORSEMENT
FOR COMPLETED OPERATIONS.
EVIDENCE OF INSURANCE: CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE
SATISFACTORY TO COUNTY SHALL BE DELIVERED TO PURCHASING AGENT DESIGNEE PRIOR TO COMMENCING SERVICES UNDER THIS AGREEMENT.
THE COUNTY ACCEPTS THE STANDARD ACORD FORM CERTIFICATE OF INSURANCE AS SATISFACTORY EVIDENCE OF INSURANCE.
THE COUNTY ACCEPTS A BLANKET ADDITIONAL INSURED ENDOREMENT.
CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE SHALL BE DELIVERED TO:
ATTN:
LORENA SANDOVAL
MA-IS-2240228
COUNTY OF LOS ANGELES - ISD
1100 NORTH EASTERN AVENUE RM # G115
LOS ANGELES, CA 90063
SUCH CERTIFICATES OR OTHER EVIDENCE SHALL:
(1) SPECIFICALLY IDENTIFY THIS AGREEMENT.
(2) CLEARLY EVIDENCE ALL COVERAGES REQUIRED IN THIS AGREEMENT. (3) CONTRACTOR AGREES THAT COUNTY IS TO BE GIVEN
WRITTEN NOTICE BY MAIL AT LEAST THIRTY (30) DAYS IN ADVANCE OF
CANCELLATION FOR ALL POLICIES EVIDENCED ON THE CERTIFICATE OF INSURANCE.
(4) INCLUDE COPIES OF THE ADDITIONAL INSURED ENDORSEMENT TO THE
COMMERCIAL GENERAL LIABILITY POLICY, INCLUDING THE COUNTY OF LOS ANGELES
ITS SPECIAL DISTRICTS, ITS OFFICIALS, OFFICERS AND EMPLOYEES AS
ADDITIONAL INSUREDS FOR ACTIVITIES ARISING FROM THIS AGREEMENT PER THE
PROVISIONS OF THE
BLANKET ADDITIONAL INSURED ENDORSEMENT.
(5) CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DEDUCTIBLES OR SELF-INSURED RETENTIONS. CONTRACTOR REPRESENTS THAT ITS FINANCIAL STRENGTH IS
SUFFICIENT TO
COVER ANY DEDUCTIBLES OR SELF-INSURED RETENTIONS. CONTRACTOR AGREES TO
CONTINUE CARRYING AT ALL TIMES DURING THE TERM OF THIS AGREEMENT INSURANCE OF THE
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KINDS AND IN THE AMOUNTS LISTED IN THIS AGREEMENT.
18 INSURER FINANCIAL RATINGS: INSURANCE IS TO BE PROVIDED BY AN INSURANCE COMPANY ACCEPTABLE WITH AN A.M. BEST RATING
OF NOT LESS THAN A:VII, UNLESS OTHERWISE APPROVED BY COUNTY.
FAILURE TO MAINTAIN COVERAGE: FAILURE BY CONTRACTOR TO MAINTAIN THE
REQUIRED INSURANCE, OR TO PROVIDE EVIDENCE OF INSURANCE COVERAGE
ACCEPTABLE TO COUNTY, SHALL CONSTITUTE A MATERIAL BREACH OF THE
CONTRACT UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE OR SUSPEND THIS AGREEMENT. COUNTY, AT ITS SOLE OPTION, MAY OBTAIN DAMAGES FROM CONTRACTOR RESULTING FROM SAID BREACH.
NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS: CONTRACTOR SHALL REPORT TO COUNTY:
(1) ANY ACCIDENT OR INCIDENT RELATING TO SERVICES PERFORMED UNDER
THIS AGREEMENT WHICH INVOLVES INJURY OR PROPERTY DAMAGE WHICH MAY
RESULT IN THE FILING OF A CLAIM OR LAWSUIT AGAINST CONTRACTOR AND/OR COUNTY. SUCH REPORT SHALL BE MADE IN WRITING WITHIN 24 HOURS OF OCCURRENCE.
(2) ANY THIRD PARTY CLAIM OR LAWSUIT FILED AGAINST CONTRACTOR
ARISING FROM OR RELATED TO SERVICES PERFORMED BY CONTRACTOR UNDER THIS AGREEMENT.
(3) ANY INJURY TO A CONTRACTOR EMPLOYEE WHICH OCCURS ON COUNTY PROPERTY. THIS REPORT SHALL BE SUBMITTED ON A COUNTY "NON-EMPLOYEE INJURY REPORT" TO THE COUNTY CONTRACT MANAGER.
(4) ANY LOSS, DISAPPEARANCE, DESTRUCTION, MISUSE, OR THEFT OF ANY
KIND WHATSOEVER OF COUNTY PROPERTY, MONIES OR SECURITIES ENTRUSTED TO CONTRACTOR UNDER THE TERMS OF THIS AGREEMENT.
COMPENSATION FOR COUNTY COSTS: IN THE EVENT THAT CONTRACTOR FAILS TO
COMPLY WITH ANY OF THE INDEMNIFICATION OR INSURANCE REQUIRMENTS OF
THIS AGREEMENT, AND SUCH FAILURE TO COMPLY RESULTS IN ANY COSTS TO
COUNTY, CONTRACTOR SHALL PAY FULL COMPENSATION FOR ALL COSTS INCURRED BY COUNTY.
INSURANCE COVERAGE REQUIREMENTS FOR SUB-CONTRACTORS: CONTRACTOR
SHALL ENSURE ANY AND ALL SUB-CONTRACTORS PERFORMING SERVICES UNDER
THIS AGREEMENT MEET THE INSURANCE REQUIREMENTS OF THIS AGREEMENT BY EITHER:
(1) CONTRACTOR PROVIDING EVIDENCE OF INSURANCE COVERING THE
ACTIVITIES OF SUB-CONTRACTORS, OR
(2) CONTRACTOR PROVIDING EVIDENCE SUBMITTED BY SUB-CONTRACTORS
EVIDENCING THAT SUB-CONTRACTORS MAINTAIN THE REQUIRED INSURANCE COVERAGE. COUNTY RETAINS THE RIGHT TO OBTAIN COPIES OF EVIDENCE OF SUB-CONTRACTOR INSURANCE COVERAGE AT ANY TIME.
19 DEFAULT: IN THE EVENT VENDOR FAILS TO PERFORM HEREUNDER AND DOES NOT CURE SUCH FAILURE WITHIN FIFTEEN (15) CALENDAR DAYS OF THE
DATE COUNTY'S NOTICE WAS SENT TO VENDOR, COUNTY MAY, AT ITS SOLE DISCRETION, CANCEL OR TERMINATE THIS PURCHASE ORDER. SUCH CANCELLATION OR TERMINATION SHALL BE AT NO COST TO COUNTY.
SHOULD COUNTY SO CANCEL OR TERMINATE, COUNTY MAY AT ITS SOLE
DISCRETION, PROCURE THE ITEMS OR SERVICES FROM OTHER SOURCES AND
VENDOR SHALL BE LIABLE TO COUNTY FOR ANY AND ALL EXCESS COSTS, DETERMINED BY COUNTY, FOR SUCH ITEMS OR SERVICES.
20 INVALIDITY, REMEDIES NOT EXCLUSIVE: THE INVALIDITY IN WHOLE OR
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IN PART OF ANY TERM OR CONDITION OF THIS PURCHASE ORDER SHALL NOT
AFFECT THE VALIDITY OF THE REMAINDER OF THIS PURCHASE ORDER AND
THE APPLICATION OF SUCH PROVISIONS TO THE 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. 20A---NON-DISCRIMINATION: BY ACCEPTANCE OF ANY PURCHASE ORDER UNDER CONTRACT 2240228, CONTRACTOR 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 ANTI-DISCRIMINATION LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA. CONTRACTOR CERTIFIES AND AGREES
THAT IT WILL DEAL WITH ITS SUBCONTRACTORS, BIDDERS OR VENDORS 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 40760 (AND ITS PURCHASE ORDER(S) UPON WHICH, THE COUNTY MAY DETERMINE TO CANCEL, TERMINATE, OR SUSPEND THE PURCHASE ORDER AND/OR CONTRACT.
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 AND /OR CONTRACT, BE ENTITLED TO LIQUIDATED DAMAGES, PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671, OF THE GREATER TEN PERCENT (10%) OF THE PURCHASE ORDER AMOUNT OR ONE THOUSAND DOLLARS. 21 COMPLIANCE WITH LAWS: VENDOR SHALL FULLY COMPLY WITH ALL
APPLICABLE PROVISIONS OF FEDERAL, STATE AND LOCAL LAWS, RULES AND
REGULATIONS, AND VENDOR AGREES TO HOLD COUNTY, ITS AGENTS,
OFFICERS AND EMPLOYEES HARMLESS FROM ANY AND ALL LIABILITY,
COSTS, INCLUDING, BUT NOT LIMITED TO ATTORNEY'S FEES, AND DAMAGES RESULTING FROM FAILURE OF COMPLIANCE.
22 FORCE MAJURE: 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.
23 ASSIGNMENT AND DELEGATION: VENDOR SHALL NOT ASSIGN ITS RIGHTS OR
DELEGATE ITS DUTIES UNDER THE PURCHASE ORDER WITHOUT COUNTY'S
PRIOR WRITTEN AUTHORIZATION AND ANY ASSIGNMENT OR DELEGATION
WITHOUT SUCH AUTHORIZATION SHALL BE NULL AND VOID AND SHALL
CONSTITUTE A MATERIAL BREACH OF THIS PURCHASE ORDER UPON WHICH
COUNTY MAY IMMEDIATELY TERMINATE THE PURCHASE ORDER IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH ON DEFAULT.
COUNTY'S CONSENT TO AN ASSIGNMENT SHALL NOT BE UNREASONABLY WITHHELD. 24 TIME IS OF THE ESSENCE: IF ANY ANTICIPATED OF ACTUAL DELAYS
ARISE, VENDOR SHALL IMMEDIATELY SO NOTIFY COUNTY, REGARDLESS OF NOTICE IF DELIVERIES ARE NOT MADE AT THE TIME AGREED UPON.
COUNTY MAY, AT ITS SOLE DISCRETION, TERMINATE THIS PURCHASE ORDER AND PROCEED PURSUANT TO PARAGRAPH ON DEFAULT.
25 NONEXCLUSIVITY: NOTHING HEREIN IS INTENDED NOR SHALL IT BE CONSTRUED AS CREATING ANY EXCLUSIVE ARRANGEMENT WITH VENDOR. 26 STANDARD TERMS AND CONDTIONS, PAGE 12 -PRICE GUARANTEE: DELETED 27 WAIVER: THE FAILURE OF EITHER PARTY TO INSIST, IN ANY ONE OR
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MORE INSTANCES, UPON THE PERFORMANCE OF ANY TERMS, CONDITIONS OR
COVENANT OF THIS PURCHASE ORDER OR TO EXERCISE ANY RIGHT HEREUNDER
SHALL NOT BE CONSTRUED AS A WAIVER OF THE FUTURE PERFORMANCE OF ANY
SUCH TERM, CONDITION OR COVENANT, BUT THE OBLIGATION WITH RESPECT TO FUTURE PERFORMANCE SHALL CONTINUE IN FULL FORCE AND EFFECT. NO
WAIVER SHALL BE ENFORCEABLE UNLESS SET FORTH IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE PARTY GRANTING THE WAIVER. 28 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(S) 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 A PURCHASE ORDER.
29 SPARE PARTS: 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 UNAVAILABILITY, VENDOR
SHALL PROVIDE, AT NO COST, REASONABLE ASSISTANCE TO COUNTY IN OBTAINING SPARE PARTS.
30 ENTIRE AGREEMENT MODIFICATIONS: THIS PURCHASE ORDER CONTRACT 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. ALL MODIFICATIONS TO THIS PURCHASE ORDER SHALL BE SET FORTH
IN WRITING AND SIGNED BY THE VENDOR AND PURCHASING AGENT OR HIS/HER DESIGNEE.
30A--COUNTY STOCK: STOCK FURNISHED BY COUNTY TO BE USED IN A PURCHASE
ORDER SHALL BE RETURNED TO COUNTY FREE FROM DAMAGE FROM ANY CAUSE AND
IN ACCORDANCE WITH ALL OTHER TERMS AND CONDITIONS OF CONTRACT, PURCHASE ORDER AND HEREIN.
31 INDEPENDENT CONTRACTOR STATUS: VENDOR SHALL AT ALL TIMES BE ACTING IN THE CAPACITY OF INDEPENDENT CONTRACTOR. THIS PURCHASE ORDER IS
NOT INTENDED, AND SHALL NOT BE OR CONSTRUED, TO CREATE THE
RELATIONSHIP OF AGENT, SERVANT, EMPLOYEE PARTNERSHIP, JOINT VENTURE OR ASSOCIATION, AS BETWEEN COUNTY AND VENDOR. THE EMPLOYEES AND
AGENTS OF ONE PARTY SHALL NOT BE OR CONSTRUED TO BE, THE EMPLOYEES OR AGENTS OF THE OTHER PARTY FOR ANY REASON WHATSOEVER. 32 TAX EXEMPT STATUS: TAX EXEMPT ITEMS SHALL BE AS LISTED ON THE FACE HEREOF.
32A---TERMINATION FOR FAILURE TO OPERATE IN ORDINARY COURSE:
VENDOR'S STABILITY WAS AND/IS A PRIMARY BASIS FOR ENTERING INTO AND
CONTINUING WITH AGREEMENT, THEREFORE, COUNTY MAY TERMINATE ANY AGREEMENT BY THIRTY (30) DAYS WRITTEN NOTICE SHOULD VENDOR FAIL TO CONTINUE TO DO BUSINESS IN THE ORDINARY COURSE.
33 COUNTY LOBBYISTS: VENDOR AND EACH COUNY LOBBYIST OR COUNTY LOBBYING FIRM AS DEFINED IN LOS ANGELES COUNTY CODE SECTION 2.160.010,
RETAINED BY VENDOR, SHALL FULLY COMPLY WITH THE COUNTY LOBBYIST ORDINANCE, LOS ANGELES COUNTY CODE CHAPTER 2.160. FAILURE ON THE PART
OF VENDOR ANY COUNTY LOBBYIST OR COUNTY LOBBYING FIRM RETAINED BY
VENDOR TO DULLY COMPLY WITH THE COUNTY LOBBYIST ORDINANCE SHALL
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CONSTITUTE A MATERIAL BREACH OF THE PURCHASE ORDER AND/OR AGREEMENT
UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE OR SUSPEND THE PURCHASE ORDER AND/OR AGREEMENT.
33A---CONSIDERATION OF HIRING GAIN PROGRAM PARTICIPANTS: SHOULD THE
VENDOR REQUIRE ADDITIONAL OR REPLACEMENT PERSONNEL AFTER THE EFFECTIVE DATE OF THIS AGREEMENT EXTENSION. CONTRACTOR SHALL GIVE CONSIDERATION
FOR SUCH EMPLOYMENT OPENINGS TO PARTICIPANTS IN COUNTY'S DEPARTMENT OF
THE PUBLIC SOCIAL SERVICES GREATER AVENUE FOR INDEPENDENCE (GAIN)
PROGRAM WHO MEET CONTRACTOR'S MINIMUM QUALIFICATIONS FOR THE OPEN POSITION. FOR THIS PURPOSE, CONSIDERATION SHALL MEAN THAT CONTRACTOR WILL INTERVIEW QUALIFIED CANDIDATES. COUNTY WILL REFER GAIN PARTICIPANTS BY JOB CATEGORY TO VENDOR.
34 TERMINATION FOR IMPROPER CONSIDERATION: COUNTY MAY, BY WRITTEN
NOTICE TO VENDOR, IMMEDIATELY TERMINATE, THE RIGHT OF VENDOR TO
PROCEED WITH A PURCHASE ORDER IF IT IS FOUND THAT CONSIDERATION IN ANY
FORM WAS OFFERED OR GIVEN BY VENDOR, (EITHER DIRECTLY OR THROUGH AN
INTERMEDIARY) TO ANY COUNTY OFFICER, EMPLOYEE, OR AGENT WITH THE
INTENT OF SECURING A PURCHASE ORDER OR SECURING FAVORABLE TREATMENT
WITH RESPECT TO THE AWARD, AMENDMENT, OR EXTENSIONS OF THE AGREEMENT
OR THE MAKING OF ANY DETERMINATIONS WITH RESPECT TO THE VENDOR 'S PERFORMANCE PURSUANT TO THE CONTRACT. IN THE EVENT OF SUCH
TERMINATION, COUNTY SHALL BE ENTITLED TO PURSUE THE SAME REMEDIES AGAINST VENDOR AS IT COULD PURSUE IN THE EVENT OS DEFAULT BY VENDOR.
CONTRACTOR 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 AUDITOR-CONTROLLER'S EMPLOYEE FRAUD HOTLINE AT 213.974.0914 OR 800.544.6861. IMPROPER CONSIDERATION MAY TAKE THE
FORM OF, AMONG OTHER ITEMS, CASH, DISCOUNTS, SERVICES, THE PROVISION
OF TRAVEL OR GRATUITIES (ENTERTAINMENT, TANGIBLE GIFTS), OR THE PROMISE OF ANY OF THESE.
35 PARTICIPATING PUBLIC AGENCIES
COUNTY AND VENDOR AGREE THAT OTHER GOVERNMENTAL ENTITIES WITHIN CALIFORNIA, INCLUDING BUT NOT LIMITED TO: COUNTIES, CITIES, SPECIAL
DISTRICTS, POLITICAL SUBDIVISIONS, SCHOOL DISTRICTS, HIGHER EDUCATION,
AND OTHER MUNICIPALITIES (PARTICIPATING PUBLIC AGENCIES) MAY PURCHASE
PRODUCTS OR SERVICES DEFINED HEREIN ON THE SAME TERMS, CONDITIONS
AND PRICING AS THE COUNTY, SUBJECT TO ANY APPLICABLE LOCAL PURCHASING ORDINANCES AND THE LAWS OF THE STATE OF PURCHASE.
THE COUNTY SHALL NOT BE CONSTRUED AS A DEALER, RE-MARKETER, REPRESENTATIVE, PARTNER OR AGENT OF ANY TYPE OF THE SUPPLIER.
PARTICIPATING PUBLIC AGENCIES SHALL BE RESPONSIBLE FOR THE ORDERING OF PRODUCTS UNDER THIS AGREEMENT. PAYMENT FOR PRODUCTS OR SERVICES
AND INSPECTIONS AND ACCEPTANCE OF PRODUCTS OR SERVICES ORDERED BY A
PARTICIPATING PUBLIC AGENCY SHALL BE THE EXCLUSIVE OBLIGATION OF SUCH PROCURING PARTY.
THE COUNTY SHALL NOT BE OBLIGATED, LIABLE OR RESPONSIBLE FOR ANY
ORDER MADE BY ANY PARTICIPATING PUBLIC AGENCY OR ANY EMPLOYEE
THEREOF FOR ANY PAYMENT REQUIRED TO BE MADE WITH RESPECT TO SUCH ORDER; AND THAT ANY DISPUTES BETWEEN A PARTICIPATING PUBLIC AGENCY AND THE SUPPLIER ARE NOT THE RESPONSIBILITY OF THE COUNTY. THE EXERCISE
OF ANY RIGHTS OR REMEDIES BY THE PARTICIPATING PUBLIC AGENCY OR SUPPLIER SHALL BE THE EXCLUSIVE OBLIGATION OF SUCH PARTY.
THE COUNTY MAKES NO REPRESENTATION OR GUARANTY WITH RESPECT TO ANY
MINIMUM PURCHASES BY THE COUNTY OR ANY PARTICIPATING PUBLIC AGENCY
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CONTRACT NO: MA-IS-2240228-2 Page
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OR ANY EMPLOYEE THEREOF UNDER THIS AGREEMENT.
EACH PARTICIPATING PUBLIC AGENCYS PURCHASE ORDER MUST REFER TO THIS LOS ANGELES COUNTY MASTER PURCHASE AGREEMENT (MPA) NUMBER MA-IS-2240228 AND MUST SPECIFY THE PRICING AND DELIVERY TERMS. NOTWITHSTANDING ANY
ADDITIONAL OR CONTRARY TERMS IN THE PURCHASE ORDER, THE APPLICABLE
PROVISIONS OF THIS MPA (EXCEPT FOR PRICING, DELIVERY, PASSAGE OF TITLE AND
RISK OF LOSS TO EQUIPMENT, WARRANTY COMMENCEMENT, AND PAYMENT TERMS)
WILL GOVERN THE PURCHASE AND SALE OF THE EQUIPMENT OR SOFTWARE ORDERED BY THE PARTICIPATING PUBLIC AGENCY. TITLE AND RISK OF LOSS TO EQUIPMENT
WILL PASS AT SHIPMENT, WARRANTY WILL COMMENCE UPON DELIVERY, AND PAYMENT IS DUE WITHIN THIRTY (30) DAYS AFTER THE INVOICE DATE. 36 FREIGHT/SHIPPING CHARGES:
1) ORDERS PLACED THROUGH THE MOTOROLA PARTS & ACCESSORIES DEPARTMENT WILL SHIP FOB DESTINATION, UPS GROUND AT NO CHARGE. 2) ORDERS PLACED FOR RADIO AND FACTORY/MANUFACTURED ITEMS SHALL BE CHARGED AT 1.25% OF THE EQUIPMENT TOTAL AND ADDED TO THE PRICE QUOTE.
3) EXPEDITED SHIPMENTS VIA AIR (FEDEX ETC.) WHEN REQUESTED BY COUNTY SHALL BE AT COUNTY EXPENSE.
37 PRICING AS PER ATTACHED:
1. EXHIBIT A _ 2022-2025 DATED JULY, 1, 2022
38 WARRANTY OF COMPLIANCE WITH COUNTYS DEFAULTED PROPERTY TAX REDUCTION PROGRAM
CONTRACTOR ACKNOWLEDGES THAT COUNTY HAS ESTABLISHED A GOAL OF ENSURING THAT ALL
INDIVIDUALS AND BUSINESSES THAT BENEFIT FINANCIALLY FROM COUNTY THROUGH
CONTRACT ARE CURRENT IN PAYING THEIR PROPERTY TAX OBLIGATIONS (SECURED AND
UNSECURED ROLL) IN ORDER TO MITIGATE THE ECONOMIC BURDEN OTHERWISE IMPOSED UPON COUNTY AND ITS TAXPAYERS.
UNLESS CONTRACTOR QUALIFIES FOR AN EXEMPTION OR EXCLUSION, CONTRACTOR WARRANTS
AND CERTIFIES THAT TO THE BEST OF ITS KNOWLEDGE IT IS NOW IN COMPLIANCE, AND
DURING THE TERM OF THIS CONTRACT WILL MAINTAIN COMPLIANCE, WITH LOS ANGELES COUNTY CODE CHAPTER 2.206.
39 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTYS
DEFAULTED PROPERTY TAX REDUCTION PROGRAM
FAILURE OF CONTRACTOR TO MAINTAIN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN PARAGRAPH 38 "WARRANTY OF COMPLIANCE WITH COUNTYS DEFAULTED PROPERTY TAX REDUCTION PROGRAM" SHALL CONSTITUTE DEFAULT UNDER THIS CONTRACT. WITHOUT
LIMITING THE RIGHTS AND REMEDIES AVAILABLE TO COUNTY UNDER ANY OTHER PROVISION OF THIS CONTRACT, FAILURE OF CONTRACTOR TO CURE SUCH DEFAULT WITHIN 10 DAYS OF
NOTICE SHALL BE GROUNDS UPON WHICH COUNTY MAY TERMINATE THIS CONTRACT AND/OR PURSUE DEBARMENT OF CONTRACTOR, PURSUANT TO COUNTY CODE CHAPTER 2.206. |
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STANDARD TERMS & CONDITIONS TERM CONTRACT AWARD
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The County of Los Angeles accepts your offer to furnish our requirements (and such requirements as may be ordered by cities and /or districts indicated herein) of the listed commodity, or service, as needed, subject to conditions of the stated quotation and as provided herein. All Purchase Agreements, Purchase Orders and Contracts will be deemed to be made and entered into the State of California under the constitution and laws of this state and are to be so construed.
PRICE GUARANTEE: Unless otherwise provided herein, prices are maximum for the period of this agreement. In the event of a price decline, or, should you at any time during the life of this agreement sell the same material or service under similar quantity and deliver conditions to the State of California, or legal district thereof, or to any county or Municipality within the State of California at prices below those stated herein, you will immediately extend such lower prices to the County of Los Angeles.
ATTENTION: VENDOR/DEPARTMENT - SPECIAL NOTE: County departments are not authorized to use this agreement as a purchasing source for products not specifically covered herein. Changes of items, equipment, or modifications to prices, specifications, or conditions, etc., of this agreement can be made only by the Purchasing Agent by issuance of official amendment and in accordance with properly authorized changes agreed upon prior to consummation.
Los Angeles County will not pay for items not listed below that have not been processed in accordance with the above paragraph.
Vendor will incur payment problems.
County's Quality Assurance Plan. The County or its agent will evaluate Contractor's performance under this agreement on not less than annual basis. Such evaluation will include assessing Contractor's compliance with all contract terms and performance standards.
Contractor deficiencies which County's determines are severe or continuing and that may place performance of the agreement in jeopardy if not corrected will be reported to the Board of Supervisors. The report will include improvement/corrective action measures taken by the County and Contractor. If improvement does not occur consistent with the corrective action measures, County may terminate this agreement or impose other penaltiesas specified in this agreement.
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 onlywith 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.
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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.
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.
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 (Section 2.203.070 of the County Code), Contractor shall have and adhere to a written policy that provides that its Employees 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 to the 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.
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CONTRACT NO: MA-IS-2240228-2 Page
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3. If Contractor is not required to comply with the Jury Service Program when the Contract commences, Contractor shall have a continuing obligation to review the applicability of its "exception status" from the Jury Service Program, and Contractor shall immediately notify County if Contractor at any time either comes within the Jury Service Program's definition of "Contractor" or if Contractor no longer qualifies for an exception to the Program. In either event, 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 sale discretion, that Contractor demonstrate to the county's satisfaction that Contractor either continues to remain outside of the Jury service Program's definition of "Contractor" and/or that 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 County contracts for a period of time consistent with the seriousness of the breach.
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.
Vendors are prohibited from accepting prepayment for goods or services without the express written approval of the County Purchasing Agent.
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.
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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.
450 E ALESSANDRO BLVD. RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB: WWW.RIVCOREADY.ORG ♦ TDD: 951.358.5124 Daniel Bates, Director
Emergency Management Department
February 4, 2026
City of Corona PD
Robert Newman, Chief of Police
Amanda Andrade, Management Analyst II
RE: FY23 State Homeland Security Program Grant (SHSP) Award - $218,000 Grant #2023-0042 CFDA#: 97.067
The California Office of Emergency Services (CalOES) has approved Riverside County’s FY23 State Homeland Security Program Grant (SHSP) application and has authorized the commencement of reimbursement requests. The performance period of this grant is February 4, 2026 – May 5, 2026. Final reimbursement requests are due within twenty (20) calendar days after the end of the grant period of performance.
This subaward is subject to requirements in 2 CFR, Part 200, including the Notice of Funding Opportunity (NOFO), Preparedness Grants Manual, California Supplement to the NOFO, Riverside County Supplement to the NOFO, Grant Assurances, and all applicable federal, state, and local requirements. All activities funded with this subaward must be completed within the period of performance.
The Riverside County Operational Area (OA) may reduce, suspend, or terminate grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required performance reports.
• Failure to expend a minimum of 90% of awarded funding. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
• Failure to follow Grant Subaward requirements or special conditions. • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding.
• False certification in the application or document.
• Failure to adequately manage, monitor, or direct the grant funding activities of the organization.
Subrecipients must obtain additional written approval prior to incurring costs for activities such as aviation, watercraft, noncompetitive procurement, and projects requiring Environmental Planning and Historic Preservation review. Any changes to the Financial Management Forms Workbook requires approval from the OA prior to conducting activities and incurring costs.
Your organization’s Financial Management Forms Workbook is being provided to you via email along with a copy of this letter. The Facesheet, Governing Body Resolution, Grants Management Assessments form, Standard Assurances, EHP Screening Form (if applicable) must be read, signed, and dated by your authorized agent in blue ink and returned to [email protected] by March 9, 2026. Requests will not be processed without the acceptance documents on file.
This subaward is subject to all provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must
450 E ALESSANDRO BLVD. RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB: WWW.RIVCOREADY.ORG ♦ TDD: 951.358.5124 be refunded to the OA within 30 days upon receipt of an invoice from the County of Riverside Emergency Management Department.
For further assistance, please contact [email protected]. We look forward to working with you and appreciate your cooperation and support.
Sincerely,
Veronica Reyes
Senior Administrative Services Analyst
County of Riverside Emergency Management Department
DATE: 02/18/2026
TO: Honorable Mayor and City Council Members
FROM: Community Services Department
2026-68
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
GRANT FUNDING FROM THE CALIFORNIA STATE LIBRARY IN THE AMOUNT OF $12,600 FOR THE LUNCH AT THE LIBRARY SUMMER 2026 PROGRAM EXECUTIVE SUMMARY:
This staff report asks the City Council to accept and appropriate a grant from the California State Library for the Lunch at The Library Summer 2026 Program. Lunch at the Library helps libraries provide free summer meals and programming at library sites. The program provides free books to help children build home libraries while delivering summer reading and learning programs for children and teens. The total grant award is $12,600.
RECOMMENDED ACTION:
That the City Council:
a. Accept grant funding in the amount of $12,600 from the California State Library for the 2026 Lunch at the Library Program.
b. Authorize an appropriation and estimated revenue increase in the amount of $12,600 to the Community Services Department’s operating budget in the LibraryOther Grants Fund 415. c. Authorize the City Manager, or his designee, to budget accordingly if the California State Library distributes additional funds to Lunch at The Library participants.
BACKGROUND & HISTORY:
Public libraries are natural spaces for serving summer meals to children and teens while school is out. Lunch at the Library was originally developed by the California Library Association and the California Summer Meal Coalition in 2013 as a program designed to keep California’s kids healthy, fed, and engaged when school is out. The program creates partnerships between libraries and meal sponsors, providing children with free meals and literacy activities in the library during the summer months.
Now supported by the California State Library, Lunch at the Library has grown to 213 sites and served over 383,178 meals. In 2018, the Corona Public Library became a Lunch at the Library meal site in partnership with Corona-Norco Unified School District (CNUSD) Nutrition Services, serving 1,900 lunches and attracting over 2,700 participants. The Program grew significantly in 2019, serving 4,485 meals with over 5,000 program attendees. In 2021, 1,713 brown-bag lunches were provided to children and teens during COVID-19 restrictions. In the three years the program was active at the library, over 8,000 meals were served, and enrichment programs were provided to over 9,000 patrons.
Following the pandemic, CNUSD expanded its brown bag lunch sites, eliminating the need for the Library’s participation until 2025, when summer meal sites were significantly reduced by CNUSD. The Library therefore applied for the 2026 Lunch at the Library grant to bring an additional meal location back to the community.
ANALYSIS:
The Corona Public Library, in partnership with CNUSD Nutrition Services, has served more than 8,000 lunches to local children and teens through the Lunch at the Library Program. To reinstate the program at the library, staff pursued a grant from the California State Library to help offset meal service and related activity costs, and were awarded $12,600. The funding will support the provision of lunches for children ages 18 and under twice per week during the summer months of June and July. Hot lunches will be prepared and delivered to the Library by CNUSD Nutrition Services and served by paid teen volunteers. The program will fund approximately 1,600 meals, including eight educational presentations focused on art, STEM, theater, music, or farm-to-table food education, and offer meaningful leadership and workforce readiness opportunities for teens ages 14–17.
Funds are to be used as follows:
$632 to support meal service;
$6,704 to support teens with leadership development and workforce readiness skills; and
$5,264 in funds for literacy and enrichment programs.
FINANCIAL IMPACT:
Approval of the recommended actions will result in an appropriation and estimated revenue increase in the amount of $12,600 to the Library’s Literacy and Community Engagement operating budget within the Library-Other Grants Fund 415 for the Lunch at The Library Summer 2026 project. These grant funds do not have a
matching requirement. Grant funds must be fully expended in accordance with the City’s approved budget by January 31, 2027.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action is a financial transaction between the California State Library and the City of Corona, and there is not a possibility that adopting this resolution will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: KATHERINE BACKUS, MANAGEMENT ANALYST I
REVIEWED BY: DONNA FINCH, COMMUNITY SERVICES DIRECTOR
ATTACHMENT:
1. Exhibit 1 – Lunch at The Library Grant Award Letter
Daniell Whittington
Library Manager
That the City Council accept grant funding in the amount of $12,600 from the California State Library to host the Lunch at the Library Summer 2026 Program at the Corona Public Library.
• Lunch at the Library has been offered by the California State Library since 2013
• This grant provides meals to children during summer months while school is closed
• Corona Public Library participated in Lunch at the Library from 2018 – 2021 and served over 8,000 meals
• After the pandemic, CNUSD expanded brown bag lunch sites eliminating the need for the program
• CNUSD significantly reduced meal sites in 2025
June 8, 2026 – July 30, 2026
Lunch at the Library
Lunch provided by CNUSD Child Nutrition Services for FREE • Lunch offered at the Corona Public Library Tue. &
Thurs. from 12:30-2:30pm
• All children 18 and under.
• No qualifying paperwork or income requirements
• Expected to serve 100 lunches per day
• Number of lunches can be modified up or down as
needed
Supplies and materials needed for meal
service for a total of 1,600 lunches.
8 enrichment programs (1 per week) that focus
on the topics of music, literacy, theater,
science, and farm-to-table education.
Hiring of 4 teen paid volunteers to serve
lunch and facilitate Lunch at the Library
programs. This is an opportunity for teens
to develop leadership and workforce
readiness skills.
Lunch at the Library
Lunch at the Library
• Volunteer Program Coordinator will assist with
recruiting 4 teens for this paid volunteer
opportunity
• Teens will be paid a stipend of $1,620 for 90
hours of work
• All teens ages 14-17 who complete a volunteer
orientation and background check
Lunch at the Library
• Educational performances/presentations:
• Haynes Marionettes show and puppet lesson
• Alfredo Ortiz Harpist
• Louie Cruz Beltran’s percussion presentation
• Science Heroes presentation
• Bilingual storytime and music presentation
• Dan Gutman Virtual Author presentation
Patrons will enjoy a family-friendly movie each
Tuesday along with their meal
That the City Council accept grant funding in the amount of $12,600 from the California State Library to host the Lunch at the Library Summer 2026 Program at the Corona Public Library.
Daniell Whittington
Library Manager
[email protected]
DATE: 02/18/2026
TO: Honorable Mayor and City Council Members
FROM: Finance Department
2026-56
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
RESOLUTION ESTABLISHING THE ANNUAL ASSESSMENT FOR COUNTY SERVICE AREA 152 TO BE LEVIED FOR FISCAL YEAR 2027 AND AUTHORIZING THE COUNTY
OF RIVERSIDE TO LEVY AND COLLECT THE ANNUAL ASSESSMENTS EXECUTIVE SUMMARY:
This staff report asks the City Council to consider adopting a Resolution setting the Benefit Assessment Unit Rate for Fiscal Year 2027 for County Service Area 152, which includes all properties within the jurisdictional boundaries of the City of Corona. Revenues from this assessment fund the City’s National Pollutant Discharge Elimination System Permit Program, which is designed to protect the City’s local creeks and waterways from contamination. The annual assessment is proposed to remain the same as the prior fiscal year at $10.00 per benefit assessment unit.
RECOMMENDED ACTION:
That the City Council adopt Resolution No. 2026-008, regarding County Service Area 152 and setting the Benefit Assessment Unit Rate for Fiscal Year 2027 for the City of Corona to fund the City’s National Pollutant Discharge Elimination System Permit Program.
BACKGROUND & HISTORY:
Amendments to the Federal Clean Water Act (“CWA”), enacted by Congress in 1987, established environmental programs, including the National Pollutant Discharge Elimination System (“NPDES”) Permit program, to protect the Nation's waters. The CWA also directs the Environmental Protection Agency to develop, implement, and enforce regulations consistent with this law. For the State of California, these federal responsibilities were given to the State's nine Regional Water Quality Control Boards to regulate at the local levels.
The CWA prohibits any entity from discharging rain and other water runoff into the Nation's creeks, rivers, and other waters unless they are issued an NPDES permit. The NPDES permit contains regulations, monitoring, and reporting requirements to protect water quality and people's health. Local agencies and municipalities who own and operate municipal separate storm sewer systems (“MS4”) for conveying stormwater runoff are considered dischargers to the Nation's waters and are therefore required to obtain a NPDES MS4 Permit.
The County of Riverside was issued its first NPDES MS4 Permit in 1990. In 1992, the County established County Service Area 152 (“CSA 152”) as a funding mechanism to pay for the anticipated costs of compliance with the requirements of its NPDES MS4 Permit.
On December 1, 1992, the County annexed the City of Corona to CSA 152, and through an Implementation Agreement with the County, the City can utilize CSA 152 assessments from properties within its boundaries to pay for its NPDES program.
ANALYSIS:
The annual assessment of $10.00 per benefit assessment unit remains the same as the prior fiscal years, which has been the maximum rate since Fiscal Year 2015. These funds are utilized for maintenance of storm drains, catch basins, and street sweeping in the City. All parcels within the City, including residential, commercial, and industrial pay the annual assessment under CSA 152. Adoption of the recommended resolution will authorize the County of Riverside to continue to levy the CSA 152 assessment of $10.00 per benefit assessment unit for the subject parcels within the City for Fiscal Year 2027.
FINANCIAL IMPACT:
The $10.00 per benefit assessment unit is projected to generate approximately $822,930 in revenue for the NPDES program in Fiscal Year 2027. The estimated revenue will be included in the Proposed FY 2027 Operating Budget. The funds are accounted for in County Service Area (NPDES) Fund 245 and will be utilized for operating costs, including personnel, materials, and supplies to operate the program.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061 (b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action merely
authorizes and requests that Riverside County levy and collect the annual assessment in the amount of $10.00 per Benefit Assessment Unit and there is no possibility that adopting this action will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: ERMA MONTANO, SENIOR FINANCIAL ANALYST
REVIEWED BY: BRUCE FOLTZ, FINANCE DIRECTOR
ATTACHMENTS:
1. Exhibit 1 – Resolution No. 2026-008
RESOLUTION NO. 2026-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CORONA, CALIFORNIA, REGARDING COUNTY
SERVICE AREA 152 AND SETTING THE BENEFIT
ASSESSMENT UNIT RATE FOR FISCAL YEAR 2027 FOR
THE CITY OF CORONA TO FUND THE CITY'S
NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM (NPDES) PERMIT PROGRAM
WHEREAS, in 1990 the County of Riverside (the "County") and the incorporated cities therein requested an area-wide National Pollutant Discharge Elimination System ("NPDES") permit ("Permit") for their urban storm water runoff; and WHEREAS, in 1991 the County of Riverside (the "County'') established Community Service Area 152 ("CSA 152"), for the purpose of funding the area-wide storm water NPDES Compliance Program; and
WHEREAS, the CSA 152 is the principal permittee for the Permit; and WHEREAS, in Fiscal Year 1992-93 the County established an assessment within CSA 152 at the maximum rate of $10.00 per Benefit Assessment Unit; and WHEREAS, the City of Corona (the “City”) has certain responsibilities for managing storm water within its jurisdiction and is a co-permittee under the Permit; and WHEREAS, pursuant to Resolution No. 92-63, adopted by the City Council on June 17, 1992, the City requested the Local Agency Formation Commission (“LAFCO”) to take proceedings to annex the City to CSA 152; and
WHEREAS, pursuant to Resolution No. 92-79, adopted by LAFCO on September 24, 1992, LAFCO approved the annexation of the City to CSA 152; and WHEREAS, pursuant to Resolution No. 92-520, adopted by the County Board of Supervisors on December 1, 1992, the County approved the annexation of the City to CSA 152 to facilitate the collection of funds for services provided by the City to comply with the Permit; and WHEREAS, pursuant to Resolution No. 93-19, adopted by the City Council on March 17, 1993, the City approved the annexation of the City to CSA 152, which annexation is referred to as ("CSA 152 - Corona"); and
WHEREAS, pursuant to Resolution No. 93-19, the City also established an assessment at the maximum rate of $10.00 per Benefit Assessment Unit to be levied and imposed on parcels located within the boundaries of CSA 152 - Corona under the Riverside County Flood Control and Water Conservation Act for the purpose of funding its obligations under the Permit; and
2 WHEREAS, the County of Riverside has agreed to continue to allow the CSA 152 funding vehicle to be utilized by cities that have elected to participate in CSA 152, including the City; and
WHEREAS, the City desires to establish the annual assessment to be levied in CSA 152 - Corona for Fiscal Year 2027, and to authorize the County to levy and collect such annual assessments to fund the costs of the NPDES Compliance Program within CSA 152 - Corona to comply with the Permit requirements imposed by the Environmental Protection Agency and Regional Water Quality Control Boards for storm water discharges within the City; and WHEREAS, Section 5(a) of Article XIII D of the California Constitution states that assessments existing on or before November 6, 1996, the effective date of Article XIII D of the California Constitution, imposed exclusively to finance the capital costs or maintenance and operation expenses of flood control and drainage systems are exempt from the provisions of Article XIII D, section 4; and
WHEREAS, the CSA 152 assessments and the CSA 152 - Corona assessments, were adopted prior to November 6, 1996, exclusively to finance the capital costs or maintenance and operation expenses of flood control and drainage systems and are therefore exempt from the procedures and approval process of Article XIII D, Section 4 of the California Constitution and California Government Code section 53753; and
WHEREAS, Section 5(a) of Article XIII D of the California Constitution and California Government Code section 53753.5 further provide that if an assessment is exempt from the procedures and approval process set forth in Section 4 of Article XIII D of the California Constitution, then those requirements shall not apply in subsequent fiscal years unless the assessment methodology is changed to increase the assessment, or the amount of that assessment is proposed to exceed an assessment formula or range of assessments adopted by an agency in accordance with Article XIII D of the California Constitution or Section 53753; and WHEREAS, the proposed annual assessments to be levied within CSA 152 - Corona in Fiscal Year 2027 do not exceed the maximum assessment previously authorized and adopted by the City in 1993 pursuant to Resolution No. 93-19 and do not constitute an increase in the assessment for purposes of Article XIIID or California Government Code section 53753.5.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that the above recitals are true and correct, and by this referenced are hereby incorporated.
SECTION 2. The City of Corona hereby establishes and authorizes and requests that the County levy and collect an annual assessment in the amount of $10.00 per Benefit Assessment Unit within CSA 152 - Corona for Fiscal Year 2027.
SECTION 3. The City of Corona shall continue to participate in CSA 152.
3 SECTION 4. The City Clerk shall certify the passage and adoption of this Resolution and the same shall thereupon take effect and be in force immediately.
PASSED, APPROVED AND ADOPTED this 18th day of February 2026. __________________________________________
Mayor of the City of Corona, California
ATTEST:
____________________________________
City Clerk of the City of Corona, California
4 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 18th day of February 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 18th day of February 2026.
City Clerk of the City of Corona
DATE: 02/18/2026
TO: Honorable Mayor and City Council Members
FROM: Police Department
2026-51
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
RESOLUTION ACKNOWLEDGING THE SUBMISSION AND PUBLIC RELEASE OF CORONA POLICE DEPARTMENT 2025 ANNUAL MILITARY EQUIPMENT REPORT AND RENEWING ORDINANCE NO. 3347
EXECUTIVE SUMMARY:
This staff report asks the City Council to consider the Corona Police Department 2025 annual military equipment report and vote to renew Ordinance No. 3347. Adopting the attached proposed Resolution will acknowledge the Police Department’s submission and public release of the 2025 annual report, compliance with Assembly Bill 481, and renewal of Ordinance No. 3347
RECOMMENDED ACTION:
That the City Council adopt Resolution No. 2026-006, acknowledging the submission and public release of the Corona Police Department 2025 Annual Military Equipment Report (Policy 709 and AB 481) and renewing Ordinance No. 3347 which adopted Policy 709.
BACKGROUND & HISTORY:
On September 30, 2021, California Governor Gavin Newsom signed into law Assembly Bill 481 (AB 481), which became effective January 1, 2022, codifying California Government Code Sections 7070 through 7075. The full text to AB481 can be found at:
<https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481> AB 481 – Adoption of Policy & Ordinance
AB 481 required the Police Department to create a Military Equipment Use Policy, post it on its website for at least 30 days, have it considered at a public meeting, and have the City Council approve it by ordinance before it could acquire additional military equipment, collaborate with another law enforcement agency in the use of military equipment, use any new or existing military equipment in a manner not previously approved by the City Council, or enter into an agreement for the funding, receipt, acquisition, use of, or collaboration in the use of military equipment.
In compliance with AB 481, the Police Department prepared its Military Equipment Use Policy (Policy 709), including an exhibit listing the military equipment in possession of the City (Corona Police Department Specialized Equipment Inventory). The Police Department thereafter posted Policy 709 on the City’s website for at least 30 days and presented it to the City Council on May 18, 2022, for community and City Council consideration. At that public meeting, the City Council introduced City Ordinance 3347 approving Policy 709, and the City Council subsequently adopted Ordinance 3347 on June 1, 2022.
AB 481 – Annual Review of Ordinance and Report
Ordinance No. 3347 and AB 481 also require the City Council to review Ordinance 3347 at least annually at a regular meeting and to vote on whether to renew the ordinance. In order to do so, the City Council must consider an annual military equipment report prepared by the Police Department and posted on the City’s website for at least 30 days.
Such annual report must include at least the following information for the immediately preceding calendar year for each type of military equipment: (1) a summary of how the military equipment was used and the purpose of its use; (2) a summary of any complaints or concerns received concerning the military equipment; (3) the results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response; (4) the total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report; (5) the quantity possessed for each type of military equipment; and (6) if the City intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
In order to vote to renew Ordinance No. 3347, the City Council must find that each type of military equipment identified in the annual report has complied with the standards for approval set forth in Government Code Section (d)(1) (i.e., the same standards required to initially approve Ordinance No. 3347 in 2022).
The Police Department has prepared the following annual report for 2025: Corona Police Department 2025 Annual Military Equipment Report (Policy 709 & AB 481) (“2025 Annual Report”), which it posted on its website on January 15, 2026, in compliance with AB 481.
ANALYSIS:
Staff are seeking approval from the City Council for the continued use and deployment of the equipment covered by Policy 709. Such equipment is currently deployed by law enforcement agencies in Riverside County, in neighboring San Bernardino, San Diego, and Orange Counties, as well as throughout the State of California and across the nation.
The equipment covered by Policy 709 is recognized and more appropriately identified by local, state, and federal law enforcement entities as specialized police equipment. Locally, the Association of Riverside County Chiefs of Police and Sheriff (ARCCOPS) have endorsed the list of specialized equipment which is already in use across the county.
The Corona Police Department, Riverside County Sheriff’s Department, Riverside County Probation Department, Riverside County District Attorney’s Office, Riverside California Highway Patrol, the county’s eleven (11) municipal police departments, three (3) university and school police departments, and members of the Association of Riverside County Chiefs of Police and Sheriff (ARCCOPS), have committed to working cooperatively across jurisdictional boundaries to ensure that all catastrophic events, responses to critical incidents, search and rescue operations, and many other multijurisdictional events that arise from neighboring counties are supported safely and justifiably. Any events which require the use of any of the specialized equipment covered by Policy 709 are conducted in a fair, transparent, and professional manner.
By adopting the proposed resolution attached hereto, the City Council will take the following actions and support the Police Department’s continued use and deployment of the equipment covered by Policy 709:
1. 2025 Annual Report - Submission & Public Release: Acknowledge the submission and public release of the 2025 Annual Report.
2. 2025 Annual Report - Continuous Website Public Availability: Require that the 2025 Annual Report shall be made publicly available on the City’s website for as long as the military equipment is available for use.
3. Ordinance 3347 - Findings for Renewal: Find and determine that each type of military equipment identified in the 2025 Annual Report has complied with the following standards for approval set forth in Government Code Section (d)(1): (A) The military equipment identified in the 2025 Annual Report is necessary because there is no reasonable alternative that can achieve the same objectives of officer and civilian safety; (B) The 2025 Annual Report and Policy 709 will safeguard the public’s welfare, safety, civil rights, and civil liberties; (C) Any equipment identified in the 2025 Annual Report and proposed to be purchased pursuant to Policy 709 is reasonably cost effective compared to available alternatives that can achieve the same
objectives of officer and civilian safety; and (D) Military equipment used in 2025 complied with Policy 709 and/or the military equipment use policy that was in effect at the time, or if such uses did not comply with the military use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
4. Ordinance 3347 - Renewal: Renew Ordinance 3347.
5. Ordinance 3347 - Continuous Website Public Availability: Require that Ordinance 3347 shall remain publicly available on the City’s website for as long as the military equipment is available for use.
6. Community Engagement Meeting: Find that the meeting at which the resolution was considered satisfies the requirement to timely hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the 2025 Annual Report and the Corona Police Department’s funding, acquisition, or use of military equipment.
FINANCIAL IMPACT:
There is no financial impact from the adoption of this Ordinance. Any future equipment or vehicle purchases would be in adherence with this Ordinance and would be addressed through council action or the normal budget process.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action simply acknowledges the submission and public release of the 2023 Annual Report and renews Ordinance 3347, and there is no possibility that adopting this Resolution will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: ROBERT MONTANEZ, POLICE LIEUTENANT
REVIEWED BY: ROBERT NEWMAN, CHIEF OF POLICE
ATTACHMENTS:
1. Exhibit 1 – Resolution No. 26-006, including Corona Police Department 2025 Annual Military Equipment Report
2. Exhibit 2 – Police Department Policy 709 (Military Equipment)
3. Exhibit 3 – Ordinance No. 3347
RESOLUTION NO. 2026-006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CORONA, CALIFORNIA, ACKNOWLEDGING THE
SUBMISSION AND PUBLIC RELEASE OF CORONA POLICE
DEPARTMENT 2025 ANNUAL MILITARY EQUIPMENT
REPORT (POLICY 709 & AB 481) AND RENEWING
ORDINANCE NO. 3347 WHICH ADOPTED POLICY 709
PURSUANT TO CITY OF CORONA ORDINANCE 3347 AND
GOVERNMENT CODE SECTION 7070 ET SEQ.
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, codified at California Government Code sections 7070 through 7075 (“AB 481”), relating to the use of military equipment by law enforcement agencies; WHEREAS, Government Code Section 7071 requires law enforcement agencies to obtain the approval of its governing body, by an ordinance adopting a military equipment use policy, prior to requesting military equipment from the federal government, seeking funds for military equipment, including grants and donations, acquiring military equipment, collaborating with another law enforcement agency in the use of military equipment in the jurisdiction of the governing body, using any new or existing military equipment in a manner not previously approved by the governing body, or entering into an agreement for funding, receipt, acquisition, use of, or collaboration in the use of military equipment; WHEREAS, in accordance with the requirements of Government Code Section 7071, on or about June 1, 2022 the City Council adopted Ordinance 3347, by which it approved Corona Police Department Policy 709 (Military Equipment), including an exhibit listing the military equipment in possession of the City (Corona Police Department Specialized Equipment Inventory”);
WHEREAS, Ordinance 3347 and Government Code Section 7071 also require the City Council to review Ordinance 3347 at least annually at a regular meeting and to vote on whether to renew the ordinance, while making the following determination based upon the annual military equipment report (discussed below): whether each type of military equipment identified in the annual report has complied with the standards for approval set forth in Government Code Section (d)(1);
WHEREAS, Government Code Section 7072 requires the Corona Police Department to prepare an annual military equipment report which, at a minimum, includes the following information for the immediately preceding calendar year for each type of military equipment: (1) a summary of how the military equipment was used and the purpose of its use; (2) a summary of any complaints or concerns received concerning the military equipment; (3) the results of any internal audits, any information about violations of the military equipment use
policy, and any actions taken in response; (4) the total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report; (5) the quantity possessed for each type of military equipment; and (6) if the City intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment;
WHEREAS, the Corona Police Department has prepared the following annual report in compliance with Government Code Section 7072, which annual report is attached hereto as Exhibit “A” and incorporated herein by reference: Corona Police Department 2025 Annual Military Equipment Report (Policy 709 & AB 481) (“2025 Annual Report”); WHEREAS, Ordinance 3347 and Government Code Section 7072 also require the Corona Police Department, within 30 days of submitting and publicly releasing the 2025 Annual Report, to hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment;
WHEREAS, the Corona Police Department released its 2025 Annual Report on January 15th, 2026 and is holding its community engagement meeting in compliance with Government Code Section 7072 during the City Council meeting of February 18, 2026; and WHEREAS, Government Code Section 7072 requires the 2025 Annual Report to be made publicly available on the City’s website for as long as the military equipment is available for use.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Corona, California as follows:
SECTION 1. 2025 Annual Report – Submission & Public Release. The City Council hereby acknowledges the submission and public release of the Corona Police Department 2025 Annual Military Equipment Report (Policy 709 & AB 481) attached hereto as Exhibit “A” and incorporated herein by reference (“2025 Annual Report”).
SECTION 2. 2025 Annual Report – Continuous Website Public Availability. The 2025 Annual Report shall be made publicly available on the City’s website for as long as the military equipment is available for use.
SECTION 3. Ordinance 3347 – Findings for Renewal. Based on the 2025 Annual Report, as well as the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council hereby finds and determines that each type of
military equipment identified in the 2025 Annual Report has complied with the following standards for approval set forth in Government Code Section (d)(1):
A. The military equipment identified in the 2025 Annual Report is necessary because there is no reasonable alternative that can achieve the same objectives of officer and civilian safety.
B. The 2025 Annual Report and Policy 709 will safeguard the public’s welfare, safety, civil rights, and civil liberties.
C. Any equipment identified in the 2025 Annual Report and proposed to be purchased pursuant to Policy 709 is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.
D. Military equipment used in 2025 complied with Policy 709 and/or the military equipment use policy that was in effect at the time, or if such uses did not comply with the military use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
SECTION 4. Ordinance 3347 – Renewal. Based on the 2025 Annual Report, as well as the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council hereby renews Ordinance 3347.
SECTION 5. Ordinance 3347 – Continuous Website Public Availability.
Ordinance 3347 shall remain publicly available on the City’s website for as long as the military equipment is available for use.
SECTION 6. Community Engagement Meeting. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council hereby finds that the meeting at which this Resolution was considered satisfies the requirement to timely hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the 2025 Annual Report and the Corona Police Department’s funding, acquisition, or use of military equipment.
SECTION 7. California Environmental Quality Act. This Resolution is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common-sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action simply acknowledges the submission and public release of the 2025 Annual Report and renews Ordinance 3347, and there is no possibility that
adopting this Resolution will have a significant effect on the environment. Therefore, no environmental analysis is required.
SECTION 8. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 9. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this February 18, 2026.
Mayor of the City of Corona, California
ATTEST:
__
City Clerk of the City of Corona, California
CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the February 18, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 18th day of February 2026.
City Clerk of the City of Corona
EXHIBIT “A”
CORONA POLICE DEPARTMENT
2025 ANNUAL MILITARY EQUIPMENT REPORT
(POLICY 709 & AB 481)
[SEE ATTACHED 26 PAGES]
DEAND\15000.15026\10277096.10
CORONA POLICE DEPARTMENT
2025 ANNUAL MILITARY EQUIPMENT REPORT
(POLICY 709 & AB 481)
15 CATEGORIES (GC § 7070 DEFINITIONS) QUANTITY
POSSESSED
IN 2025
INITIAL
ACQUISITION
COSTS
EXPECTED
LIFESPAN
2025
TOTAL
COSTS1
2025
SOURCE
OF FUNDS
QUANTITY
TO ADD
TYPE MODEL # IN 2026
1. UNMANNED, REMOTELY PILOTED POWERED AERIAL OR GROUND VEHICLES (GC § 7070(C)(1)) (INCLUDING WHAT THE CITY CALLS ITS UNMANED AERIAL SYSTEM OR “UAS”) DJI MATRICE 8 $94,800 3-5 YEARS $75,000 GF 0
DJI MAVIC AND AVATA 15 $47,077 3-5 YEARS $14,100 GF UNK.
DJI MAVIC 3 ENTERPRISE 2 $8,608 3-5 YEARS 0
TRAFFIC
OFFENDER
FUND
0 ICOR TECHNOLOGY MINI CALIBER 0 $67,094.70 10-15 YEARS $67,094.70 GF 0 ROBOTEX AVATAR II 2 UNKNOWN UNKNOWN 0 GF 0
SUMMARY OF DESCRIPTION & CAPABILITIES WWW.DJI.COM/CAMERA-DRONE & HTTPS://ENTERPRISE.DJI.COM/PUBLIC-SAFETY 1 Acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs.
DEAND\15000.15026\10277096.10
CORONA POLICE DEPARTMENT
2025 ANNUAL MILITARY EQUIPMENT REPORT
(POLICY 709 & AB 481)
15 CATEGORIES (GC § 7070 DEFINITIONS) QUANTITY
POSSESSED
IN 2025
INITIAL
ACQUISITION
COSTS
EXPECTED
LIFESPAN
2025
TOTAL
COSTS1
2025
SOURCE
OF FUNDS
QUANTITY
TO ADD
TYPE MODEL # IN 2026
SUMMARY OF PURPOSE
• SEARCH AND LOCATE REPORTED MISSING CHILDREN OR AT-RISK ADULTS. • SEARCH AND RESCUE OPERATIONS TO LOCATE LOST OR INJURED HIKERS. • A LAW ENFORCEMENT-SPECIFIC APPLICATION INVOLVING AERIAL DRONES ARE
USED FOR OPEN TERRAIN OR LARGE FIELD SEARCHES AS A FORCE MULTIPLIER TO ASSIST IN HIGH-RISK APPREHENSIONS OF ARMED OR VIOLENT SUSPECTS.
AERIAL DRONES CAN BE USED AS AN INTERIOR SEARCH TOOL TO LOCATE SUSPECTS BARRICADED INSIDE A RESIDENCE OR COMMERCIAL STRUCTURE.
LARGER DRONE PLATFORMS ARE DEPLOYED BY THE SHERIFF’S DEPARTMENT UNMANNED AERIAL SURVEILLANCE TEAM.
• UNMANNED ROBOTICS WITH UNLIMITED APPLICATIONS. ROBOTICS ARE USED INSTEAD OF OFFICERS IN HIGH-RISK ENVIRONMENTS.
SUMMARY OF USE
• 3371 UAS FLIGHTS DURING 2025. NUMEROUS TRAINING FLIGHTS. • NUMEROUS AVATAR DEPLOYMENTS BY SPECIAL RESPONSE TEAM DURING TRAINING AND LIVE INCIDENTS.
DEAND\15000.15026\10277096.10
CORONA POLICE DEPARTMENT
2025 ANNUAL MILITARY EQUIPMENT REPORT
(POLICY 709 & AB 481)
15 CATEGORIES (GC § 7070 DEFINITIONS) QUANTITY
POSSESSED
IN 2025
INITIAL
ACQUISITION
COSTS
EXPECTED
LIFESPAN
2025
TOTAL
COSTS1
2025
SOURCE
OF FUNDS
QUANTITY
TO ADD
TYPE MODEL # IN 2026
LEGAL & PROCEDURAL RULES ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES AND REGULATIONS; FAA PART 107 AND CPD POLICY 391.
TRAINING
• ONLY TRAINED PILOTS WITH THE PART 107 LICENSE CAN PILOT THE UNMANNED AERIAL SYSTEMS (UAS). PILOTS TRAIN A MINIMUM OF QUARTERLY TO ENSURE THEIR SKILLS STAY SHARP.
• UNMANNED ROBOTICS ARE USED BY TRAINED SPECIAL RESPONSE TEAM OFFICERS ONLY. SPECIAL RESPONSE TEAM PERSONNEL TRAIN MULTIPLE TIMES A YEAR ON THE UNMANNED AVATAR ROBOTS.
POLICY - INTERNAL AUDITS / VIOLATIONS ON-GOING INTERNAL AUDITS ON POLICY / NO KNOWN VIOLATION OF POLICY.
EQUIPMENT - COMPLAINTS / CONCERNS RECEIVED NO KNOWN COMPLAINTS FOR 2025
2. MINE-RESISTANT AMBUSH-PROTECTED (MRAP) VEHICLES OR ARMORED PERSONNEL CARRIERS (GC § 7070(C)(2))
LENCO ARMORED
VEHICLE #73008 BEARCAT 1 $262,407.60 15 YRS $23,528 GF 0
DEAND\15000.15026\10277096.10
CORONA POLICE DEPARTMENT
2025 ANNUAL MILITARY EQUIPMENT REPORT
(POLICY 709 & AB 481)
15 CATEGORIES (GC § 7070 DEFINITIONS) QUANTITY
POSSESSED
IN 2025
INITIAL
ACQUISITION
COSTS
EXPECTED
LIFESPAN
2025
TOTAL
COSTS1
2025
SOURCE
OF FUNDS
QUANTITY
TO ADD
TYPE MODEL # IN 2026
LENCO ARMORED
VEHICLE #73011 BEARCAT 1 $349,947 15 YRS $31,363 GF 0
SUMMARY OF DESCRIPTION & CAPABILITIES HTTPS://WWW.LENCOARMOR.COM/MODEL/BEARCAT-G3-POLICE-GOVERNMENT/
SUMMARY OF PURPOSE
• INVENTORY INCLUDES TWO LENCO BALLISTIC ENGINEERED ARMORED RESPONSE COUNTER-ATTACK TRUCK (BEARCAT). THE BEARCATS ARE PRIMARILY USED
DURING HIGH-RISK TACTICAL ENFORCEMENT OPERATIONS, OFFICER RESCUES, CITIZEN RESCUES, AND VEHICLE-BORNE INTERVENTIONS.
• ADDITIONAL DEPLOYMENTS ARE USED DURING CRIMINAL UNREST AND RIOTS.
RESCUE VEHICLES PROVIDE BALLISTIC SAFETY DURING CONTAINMENT AND
APPREHENSION OF ARMED VIOLENT SUSPECTS AND FOR ACTIVE SHOOTER INCIDENTS TO RESCUE INJURED VICTIMS.
• ONE BEARCAT IS EQUIPPED WITH A WATER MONITOR TO AID IN FIRE SUPPRESSION DURING HIGH-RISK TACTICAL INCIDENTS.
• 4X4 CAPABILITY TO TRANSPORT OR EVACUATE VICTIMS IN A NATURAL DISASTER. • RESCUE VEHICLES PROVIDE NUMEROUS SAFETY CAPABILITIES FOR LAW ENFORCEMENT, VICTIM RESCUES, AND OVERALL COMMUNITY SAFETY.
DEAND\15000.15026\10277096.10
CORONA POLICE DEPARTMENT
2025 ANNUAL MILITARY EQUIPMENT REPORT
(POLICY 709 & AB 481)
15 CATEGORIES (GC § 7070 DEFINITIONS) QUANTITY
POSSESSED
IN 2025
INITIAL
ACQUISITION
COSTS
EXPECTED
LIFESPAN
2025
TOTAL
COSTS1
2025
SOURCE
OF FUNDS
QUANTITY
TO ADD
TYPE MODEL # IN 2026
SUMMARY OF USE
THE VEHICLE IS USED BY THE SPECIAL RESPONSE TEAM (SRT) AT LEAST ONCE A MONTH DURING TRAINING. DURING 2025, WE UTILIZED THE BEARCAT’S DURING 27 PATROL AND SPECIAL OPERATIONS.
LEGAL & PROCEDURAL RULES ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES AND REGULATIONS; CPD POLICY 706.8.
TRAINING
ALL SWORN PERSONNEL ARE TRAINED TO DRIVE THE VEHICLES FOR PATROL INCIDENTS. ONLY TRAINED SRT MEMBERS ARE ALLOWED TO USE THE ATTACHMENTS FOR BREACHING, FIRE SUPPRESSION, AND CHEMICAL AGENT DEPLOYMENTS. SRT MEMBERS TRAIN WITH THE VEHICLES MONTHLY.
POLICY - INTERNAL AUDITS / VIOLATIONS ON GOING INTERNAL AUDITS ON POLICY / NO KNOWN VIOLATION OF POLICY.
EQUIPMENT - COMPLAINTS / CONCERNS RECEIVED NO COMPLAINTS DURING 2025
DEAND\15000.15026\10277096.10
CORONA POLICE DEPARTMENT
2025 ANNUAL MILITARY EQUIPMENT REPORT
(POLICY 709 & AB 481)
15 CATEGORIES (GC § 7070 DEFINITIONS) QUANTITY
POSSESSED
IN 2025
INITIAL
ACQUISITION
COSTS
EXPECTED
LIFESPAN
2025
TOTAL
COSTS1
2025
SOURCE
OF FUNDS
QUANTITY
TO ADD
TYPE MODEL # IN 2026
3. HIGH MOBILITY MULTIPURPOSE WHEELED VEHICLES (HMMWV), COMMONLY REFERRED TO AS HUMVEES, TWO AND ONE-HALF-TON TRUCKS, FIVE-TON TRUCKS, OR WHEELED VEHICLES THAT HAVE A BREACHING OR ENTRY APPARATUS ATTACHED (GC § 7070(C)(3))2
N/A N/A NONE N/A N/A N/A N/A NONE
SUMMARY OF DESCRIPTION & CAPABILITIES N/A
SUMMARY OF PURPOSE N/A
SUMMARY OF USE N/A
LEGAL & PROCEDURAL RULES ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES AND REGULATIONS; CPD POLICY: NONE.
TRAINING N/A
POLICY - INTERNAL AUDITS / VIOLATIONS N/A
2 Unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded.