Garden Grove City Council
March 22, 2022

AGENDA
Garden Grove City
Council
Tuesday, March 22, 2022
6:30 PM
Community Meeting
Center 11300 Stanford
Avenue Garden Grove
California 92840
Steve Jones
Mayor
Diedre Thu-Ha Nguyen
Mayor Pro Tem - District 3
George S. Brietigam
Council Member - District 1
John R. O'Neill
Council Member - District 2
Patrick Phat Bui
Council Member - District 4
Stephanie Klopfenstein
Council Member - District 5
Kim B. Nguyen
Council Member - District 6
COVID-19 Information : Members of the public can address the City Council during the public comment portion of the meeting in person or via e-mail. If you plan to attend the meeting in person, masks or face coverings are required to be worn if you are not vaccinated. If you feel ill or are showing symptoms of COVID-19, please consider submitting comments by e-mail. Instructions are available on the City's website at https://ggcity.org/city-council/meetings-participation

Meeting Assistance
: Any person requiring auxiliary aids and services, due to a disability, to address the City Council, should contact the City Clerk's Office 72 hours prior to the meeting to arrange for accommodations. Phone: (714) 741-5040.

Agenda Item Descriptions
: Are intended to give a brief, general description of the item. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda.

Documents/Writings
: Any revised or additional documents/writings related to an item on the agenda distributed to all or a majority of the Council Members within 72 hours of a meeting, are made available for public inspection at the same time (1) in the City Clerk's Office at 11222 Acacia Parkway, Garden Grove, CA 92840, during normal business hours; (2) on the City's website as an attachment to the City Council meeting agenda; and (3) at the Council Chamber at the time of the meeting.

Public Comments
: Members of the public who attend the meeting in-person and would like to address the City Council are requested to complete a pink speaker card indicating their name and address, and identifying the subject matter they wish to address. This card should be given to the City Clerk before the meeting begins. General comments are made during "Oral Communications" and should be limited to matters under consideration and/or what the City Council has jurisdiction over.

Persons wishing to address the City Council regarding a Public Hearing matter will be called to the podium at the time the matter is being considered.

Manner of Addressing the City Council
: After being called by the Mayor, you may approach the podium, it is requested that you state your name for the record, and proceed to address the City Council. All remarks and questions should be addressed to the City Council as a whole and not to individual Council Members or staff members. Any person making impertinent, slanderous, or profane

GARDEN GROVE
remarks or who becomes boisterous while addressing the City Council shall be called to order by the Mayor.If such conduct continues, the Mayor may order the person barred from addressing the City Council any further during that meeting.

Time Limitation: When any group of persons wishes to address the City Council on the same subject matter, the Mayor may request a spokesperson be chosen to represent the group, so as to avoid unnecessary repetition.At the City Council's discretion, a limit on the total amount of time for public comments during Oral Communications and/or a further limit on the time allotted to each speaker during Oral Communications may be set.

PLEASE SILENCE YOUR CELL PHONES DURING THE MEETING.

AGENDA

ROLL CALL: COUNCIL MEMBER BRIETIGAM, COUNCIL MEMBER

O'NEILL, COUNCIL MEMBER BUI, COUNCIL MEMBER KLOPFENSTEIN, COUNCIL MEMBER K. NGUYEN, MAYOR PRO TEM D. NGUYEN , MAYOR JONES

INVOCATION

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF

AMERICA

1. PRESENTATIONS

1.a. Community Spotlight recognizing the Garden Grove High School Boys Basketball Team for winning the CIF SS Division 4AA championship.

1.b. Community Services Department update as presented by John Montanchez, Director of Community Services.

2. ORAL COMMUNICATIONS (to be held simultaneously with other legislative bodies)
RECESS

CONDUCT OTHER LEGISLATIVE BODIES' BUSINESS

RECONVENE

3. CONSENT ITEMS
(Consent Items will be acted on simultaneously with one motion unless separate discussion and/or action is requested by a Council Member .)

3.a. Adoption of a Proclamation celebrating April as Arab American Heritage Month. ( Action Item)

3.b. Adoption of a Proclamation recognizing Black April Memorial Month. (Action Item)

3.c. Adoption of a Proclamation recognizing April as Fair Housing

Month. (Action Item)

3.d. Approval of out-of-state travel to attend the Innovating Commerce Serving Communities (ICSC) 2022 Las Vegas
Conference, at the Las Vegas Convention Center from May 22, through May 24, 2022. (Cost Estimate: $10,000) ( Action Item)

3.e. Approval of writing off certain delinquent receivables as uncollectible debt owed to the City. (Amount: $29,217.40) (Action Item)

3.f. Approval of the Proposed Fiscal Year 2022-23 West Orange County Water Board Cost Sharing Budget. (Cost shared amount:
$46,284) (Action Item)

3.g. Authorize appropriation of Fiscal Year 2021-22 Proposition 69 funds for the purchase of DNA related equipment. (Amount:
$15,000) (Action Item)

3.h. Authorize the issuance of a purchase order to National Auto Fleet Group for one (1) new Police Department pursuit responder pickup truck. (Cost: $46,433.15) (Action Item)

3.i. Authorize issuance of a purchase order with Irv Seaver Motorcycles for two police motorcycles. (Amount: $60,000) (Action Item)

3.j. Authorize an increase to the purchase order with MRC, formerly known as SoCal Office Technologies, a Xerox Company for 27 Xerox multifunction copy machines. (Cost: $120,000) ( Action Item)

3.k. Approval of Agreements with Mekong Printing, Inc., The Printery Inc., dba PM Group, and Timothy W. Hogan to provide on-call printing, translation, and mailing services. (Cost: $225,000) (Action Item)

3.l. Receive and file minutes from the meetings held on February 28, 2022, and March 8, 2022. ( Action Item)

3.m. Receive and file warrants. ( Action Item)

3.n. Approval to waive full reading of ordinances listed. ( Action Item)

4. PUBLIC HEARINGS
(Motion to approve will include adoption of each Resolution unless otherwise stated.)

4.a. Approval of the Fiscal Year 2022-23 Annual Action Plan and authorize submittal to the Department of Housing and Urban Development. ( Action Item)

5. ITEMS FOR CONSIDERATION

5.a. Approval of a Cooperative Agreement with the City of Westminster for the rehabilitation of pavement surface on

Westminster Avenue from Magnolia Street to Bushard Street. (Cost: $521,285) ( Action Item)

6. ORDINANCES PRESENTED FOR SECOND READING AND ADOPTION

6.a. Second reading and adoption of Ordinance No. 2932
Entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

GARDEN GROVE ADOPTING THE CITY OF GARDEN GROVE

DISTRICT MAP FOLLOWING REVIEW OF THE POPULATION
CHANGES RESULTING FROM THE 2020 FEDERAL DECENNIAL
CENSUS. ( Action Item)

7. MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY

MANAGER

8. ADJOURNMENT
The next Regular City Council Meeting is Tuesday, April 12, 2022, at 5:30 p.m. in the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California, 92840.

Agenda Item - 3.a.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: From:

Dept.: Dept.:

Subject: Adoption of a Proclamation
celebrating April as Arab
American Heritage Month.
(Action Item)
Date:

ATTACHMENTS:

Description Upload Date Type File Name
Proclamation 3/17/2022 Proclamation 3-22-
22_Arab_American_Heritage_Proclamation.pdf

PROCLAMATION
PROCLAIMING THE MONTH OF APRIL 2022

AS ARAB AMERICAN HERITAGE MONTH

WHEREAS, f or over a century, Arab Americans have been making valuable contributions to virtually every aspect of American society, including art, medicine, law, business, technology, government, architecture, literature, and culture; and
WHEREAS, since migrating to the United States, men and women of Arab descent have shared their rich culture and traditions with neighbors and friends, while also setting fine examples of model citizens and public servants; and
WHEREAS, Arab Americans have also enriched our society by embracing the American spirit of opportunity that makes our nation free and prosperous; and
WHEREAS, issues currently affecting Arab Americans, such as civil rights abuses, harmful stereotyping, harassment, and bullying, can be combatted by education and awareness; and
WHEREAS, Arab Americans join all Americans in the desire to see a peaceful and diverse society, where every individual is treated equally and feels safe; and
WHEREAS, t he immense contributions and heritage of Arab Americans have helped us build a better nation.

NOW, THEREFORE, BE IT PROCLAIMED, by the Garden Grove City Council that the City celebrates the countless contributions that Arab Americans have made to American society and the City of Garden Grove, therefore hereby proclaims the month of April 2022 to be Arab American Heritage Month in Garden Grove.

March 22, 2022

Agenda Item - 3.b.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: Teresa Pomeroy
Dept.: City Manager Dept.: City Clerk
Subject: Adoption of a Proclamation
recognizing Black April
Memorial Month. ( Action
Item)
Date: 3/22/2022
Attached is a Proclamation recognizing Black April Memorial Month recommended for adoption.

ATTACHMENTS:

Description Upload Date Type File Name
Proclamation 3/15/2022 Proclamation 3-22-
22_Black_April_Memorial_Month_Resolution.pdf

PROCLAMATION

PROCLAIMING THE MONTH OF APRIL

AS BLACK APRIL MEMORIAL MONTH

WHEREAS, April 30, 2022, marks the 47th anniversary of the fall of Saigon on April 30, 1975, to communism; and
WHEREAS, For many Vietnam and Vietnam-era veterans who were directly involved in the war and Vietnamese Americans who have settled in the United States, the Vietnam War was a tragedy full of great suffering and the loss of American, Vietnamese, and Southeast Asian lives; and WHEREAS, Fifty-eight thousand one hundred sixty-nine Americans were killed and 304,000 were wounded out of the 2.59 million people who served in the Vietnam War. One out of every ten Americans who served in Vietnam became a casualty of war; and
WHEREAS, The Vietnam War resulted in the deaths of 250,000 South Vietnamese soldiers and two million Vietnamese civilians; and
WHEREAS, After the fall of Saigon, over 135,000 Vietnamese people and their families fled to the United States, including former military personnel, government officials, and those who had worked for the United States during the war; and
WHEREAS, Hundreds of thousands of people took boats in order to leave Vietnam in the late 1970s to mid-1990s. The successful emigrants reached refugee camps in Thailand, Malaysia, Indonesia, the Philippines, and Hong Kong; while approximately one-half of the people fleeing Vietnam perished at sea; and
WHEREAS, Human rights, religious freedom, democracy, and protection against threats of aggression are important concerns of Vietnamese Americans; and
WHEREAS, We must teach our children and future generations important lessons from the Vietnam War, including how the plight of the Vietnamese refugees following the end of war serves as a powerful example of the values of freedom and democracy; and
WHEREAS, We, should actively rededicate ourselves to the principles of human rights, individual freedom, sovereignty, and equal protection under the laws of a just and democratic world. We should set aside moments of time every year on April 30 to give remembrance to the soldiers, medical personnel, and civilians who died during the Vietnam War in pursuit of freedom; and

WHEREAS, Vietnamese American communities throughout California will commemorate April 30, 2022, as Black April, a day of remembrance and rededication to the principles of freedom, including freedom of expression, freedom of press, and internet freedom;
NOW, THEREFORE, BE IT PROCLAIMED, by the Garden Grove City Council, that in recognition of the great tragedy and suffering and lives lost during the Vietnam War, the month of April 2022 shall be proclaimed as Black April Memorial Month, a special time for citizens to remember the countless lives lost during the Vietnam War era, and to hope for more justice and liberty for the people of Vietnam.

March 22, 2022

Agenda Item - 3.c.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: Teresa Pomeroy
Dept.: City Manager Dept.: City Clerk
Subject: Adoption of a Proclamation
recognizing April as Fair
Housing Month. ( Action
Item)
Date: 3/22/2022
Attached is a Proclamation recognizing April as Fair Housing Month recommended for adoption.

ATTACHMENTS:

Description Upload Date Type File Name
Proclamation 3/15/2022 Proclamation 3-22-22_Proclamation_- _Fair_Housing_Month.pdf

PROCLAMATION

FAIR HOUSING MONTH

WHEREAS, One of the greatest freedoms enjoyed by Americans is the freedom to live in a home of one’s choice; and
WHEREAS, This promise made to us by the Nation’s Fair Housing Law which requires that all people be treated equally in connection with sale or rental of housing, regardless of race, color, national origin, sex, gender identity, disability, sexual orientation, marital status, age, familial status or religion; and
WHEREAS, This year marks the 54th anniversary of the Federal Fair Housing Act, the original legislation targeting the elimination of housing discrimination in America; and
WHEREAS, Since the adoption of the fair housing legislation in April 1968, April has been designated Fair Housing Month. Each year the U.S. Department of Housing and Urban Development and the Fair Housing Foundation organize events and activities during this month to focus attention on the issue of equal opportunity in housing; and
WHEREAS, April is Fair Housing Month throughout the nation, we are asking each resident of the City of Garden Grove to support efforts to put into practice the principles of freedom, justice and equality upon which this great nation was founded.

NOW THEREFORE BE IT PROCLAIMED that April 2022 is Fair Housing Month in Garden Grove.

March 22, 2022

Agenda Item - 3.d.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: Lisa L. Kim
Dept.: City Manager Dept.: Community & Economic
Development Department
Subject: Approval of out-of-state
travel to attend the
Innovating Commerce
Serving Communities (ICSC)
2022 Las Vegas Conference,
at the Las Vegas Convention
Center from May 22, through
May 24, 2022. (Cost
Estimate: $10,000) ( Action
Item)
Date: 3/22/2022

OBJECTIVE
Approval of out-of-state travel to attend the Innovating Commerce Serving Communities (ICSC) 2022 Las Vegas Conference, at the Las Vegas Convention Center from Sunday, May 22, 2022 through Tuesday, May 24, 2022. (Cost Estimate:
$10,000) (Action Item)

BACKGROUND
Founded in 1957, ICSC is the global convention for the shopping center industry and provides networking, deal making and educational opportunities for retail and real estate professionals from around the world. Its more than 70,000 members in over 100 countries include shopping center owners, developers, managers, investors, retailers, brokers, academics, and public officials.

DISCUSSION
At the ICSC 2022 Las Vegas Conference, the City will have the opportunity to meet with active members and take advantage of networking, deal making and education opportunities. The convention typically features approximately 1,000 exhibiting companies in various aspect of real estate development.

Attendance at this convention will allow the City’s Office of Economic Development team to explore economic, marketing and promotional conditions affecting the retail and commercial industry. Promoting and marketing the City of Garden Grove to

industry retail representatives and developers remains a priority. As an exhibitor, the City will maximize its opportunity to meet with key players in the shopping center, hospitality and housing development arenas. In addition, by attending the convention, staff will meet with potential developers by canvassing the trade show floor.

Due to Brown Act concerns, a limit of three (3) Council Members may attend the convention. With the
ICSC 2022 Las Vegas Conference two months away, staff will soon have to register and make travel arrangements for the Council Members who will attend. Although staff will host the exhibit booth for the duration of the convention, which ends on Tuesday, May 24, 2022, City Council Members have the option to return sooner.

FINANCIAL IMPACT
There is no financial impact to the General Fund, and travel expenses have been budgeted for Fiscal Year 2021 - 2022.

RECOMMENDATION
It is recommended that the City Council:

Approve the out-of-state travel for up to three Council Members and six staff to attend the ICSC 2022 Las Vegas Conference at the Las Vegas Convention Center Sunday, May 22, 2022 through Tuesday, May 24, 2022.

•
Agenda Item - 3.e.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: Patricia Song
Dept.: City Manager Dept.: Finance
Subject: Approval of writing off
certain delinquent
receivables as uncollectible
debt owed to the City.
(Amount: $29,217.40)
(Action Item)
Date: 3/22/2022

OBJECTIVE
To request that the City Council approve to write off certain delinquent obligations owed to the City in the amount in excess of $10,000 as uncollectible debt.

BACKGROUND
The City's Finance Department maintains a billing system that maintains all amounts owed to the City (Accounts Receivable). Occasionally, the responsible party does not pay. Resolution 9666-20 provides authority to the Finance Director to use available lawful methods to obtain prompt and full recovery of all amounts owed to the City, and outlines how uncollectable debt may be written off. Delinquent obligations owed to the City in excess of $10,000 may be written off as uncollectible debt with the approval by the City Council.

DISCUSSION
In June 2020, a traffic accident occurred at the intersection of Trask Avenue and Gilbert Street in the City of Garden Grove. A police vehicle was totaled. The damage was estimated to be $34,217.40. The City created a receivable on the party at fault in the same amount. No payment has been made as of today. The insurance company of the party at fault offered the City $5,000, the policy limit on property damage. After a thorough investigation and good faith effort to collect the full amount, the City’s subrogation administrator recommended the City accept the $5,000 as payment in full, and write off the remaining balance of $29,217.40 as uncollectible debt. Writing off the uncollectible amount will allow the City to receive the $5,000 from the insurance company.

FINANCIAL IMPACT
The write-off will result in a reduction of previously recognized damage recovery

revenue in the amount of $29,217.40.

RECOMMENDATION
It is recommended that the City Council:

Approve the write-off of $29,217.40 as uncollectible debt.

•
Agenda Item - 3.f.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Approval of the Proposed
Fiscal Year 2022-23 West
Orange County Water Board
Cost Sharing Budget. (Cost
shared amount: $46,284)
(Action Item)
Date: 3/22/2022

OBJECTIVE
To receive City Council approval of the West Orange County Water Board (WOCWB) Fiscal Year 2022-23 proposed cost sharing budget for operational expenses and cathodic protection system (CP) project cost.

BACKGROUND
The WOCWB is a joint powers authority created in 1967 by the cities of Garden Grove, Huntington Beach, Seal Beach, and Westminster for the purpose of maintenance and operation of shared water transmission lines for imported water.

One of the connections is located near Bolsa/Newland and is referred to as OC-9.

The other connection is located near Westminster/Willow and is referred to as OC-

35. Of those shared water transmission lines, the OC-9 and OC-35 transmission lines require life extension, as each pipeline is 64 years and 56 years old respectively. The average lifespan of a cement lined and coated steel pipeline ranges between 70-80 years. The options to ensure that water service to member agencies would continue into the future would be to replace the pipelines in 10 to 20 years at a cost of $50 million or install a CP at a cost of $8 million. On March 18, 2020, the WOCWB voted to proceed with the installation of a CP, which is also the most cost effective solution.

DISCUSSION
The joint powers agreement requires that the WOCWB prepare a proposed annual budget and that each of the contracting public agencies approve the budget before its adoption. The total WOCWB budget for FY 2022-23 is $1,627,000 for operational expenses and capital costs. A table showing the annual breakdown by agency is included as an attachment.

The WOCWB estimates that OC-9 will cost $3.8 million for a CP and OC-35 would cost $4.2 million. Due to these costs, WOCWB staff is recommending that the member agencies make an annual payment to a special fund over an eight-year period in order to finance both projects. The WOCWB would accumulate funds for OC-9 based on agency ownership share for the first four years, with design to begin in year three and construction in year four. Similarly, the WOCWB would accumulate funds for OC-35 in years five through eight, with design in year seven and construction in year eight.

FINANCIAL IMPACT
The City of Garden Grove Water Services Division share is set at 4.2 percent of the total operational expenses and CP project cost and amount, for an annual total of $46,284. There is no impact to the General Fund. This will be funded by the Water Enterprise Fund.

RECOMMENDATION
It is recommended that the City Council:

Approve the West Orange County Water Board Fiscal Year 2022/23 proposed cost sharing budget for operational expenses and cathodic protection system project cost.

By: Samuel Kim, Water Services Manager
ATTACHMENTS:

Description Upload Date Type File Name
Budget 3/4/2022 Backup Material Fy_2022-
23_Proposed_Contributions.pdf

•
FY 22-23 BUDGET

AGENCY CONTRIBUTIONS

ACCOUNT NUMBER AGENCY OWNERSHIP

PERENTAGE
FY 22/23 COST
50800508.46610 Huntington Beach 56.1 $618,222
50800508.46620 Garden Grove 4.2 $46,284
50800508.46630 Seal Beach 14.3 $157,586
50800508.46640 Westminster 25.4 $279,908
Totals 100.0 $1,102,000
50800508.46610 Huntington Beach 56.1 $418,372
50800508.46620 Garden Grove* 4.2 $0
50800508.46630 Seal Beach 14.3 $106,628
50800508.46640 Westminster* 25.4 $0
Totals 100.0 $525,000
50800508.46610 Huntington Beach 56.1 $1,036,594
50800508.46620 Garden Grove* 4.2 $46,284
50800508.46630 Seal Beach 14.3 $264,214
50800508.46640 Westminster* 25.4 $279,908
Total Budget $1,627,000
Operating Budget (Including Cathodic Protection)
Fourth Year OC-35 Relocation Project Loan Payment
Total Adopted Budget
*Garden Grove and Westminster have paid off their portions of the loan January 10, 2022

Agenda Item - 3.g.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: Chief DaRé
Dept.: City Manager Dept.: Police
Subject: Authorize appropriation of
Fiscal Year 2021-
22 Proposition 69 funds for the
purchase of DNA related
equipment. (Amount:
$15,000) (Action Item)
Date: 3/22/2022

OBJECTIVE
To obtain City Council authorization to appropriate Proposition 69 funds into the FY 2021-22 budget for purchasing DNA related equipment.

BACKGROUND
Proposition 69 funds are allocated by the State, via the Orange County DNA Identification Fund. On January 25, 2022, the Orange County Board of Supervisors approved a request from the Garden Grove Police Department for $15,000 in Proposition 69 funding, to be used to purchase DNA-related equipment.

DISCUSSION
The Department will utilize these funds to replace (2) DNA clothing dryers and DNA evidence storage containers. The equipment will be used to enhance DNA collection and storage capabilities in accordance with Proposition 69 requirements.

FINANCIAL IMPACT
Proposition 69 funds are specifically for law enforcement purposes, and their use will have no impact on the City’s General Fund.

RECOMMENDATION
It is recommended that the City Council:

Authorize the appropriation of $15,000 in FY 2021-22 Proposition 69 funds to the Police Department FY 2021-22 budget for the purchase of DNA related equipment.

•
By: Courtney Cibosky, Fiscal Analyst
ATTACHMENTS:

Description Upload Date Type File Name
Prop 69 Alloc-County Mid-
year Budget Report-
FY2021-22
3/8/2022 Backup Material
Prop_69_Alloc_-_County_mid-
year_budget_report_FY_2021-

22.pdf
Board of Supervisors
Minutes 1-25-2022 3/8/2022 Backup Material Prop_69_Board_minutes_1- 25-2022.pdf

BEHAVIORAL HEALTH

HOUSING

COMMUNITY

CORRECTIONS

HEALTHCARE

BENEFITS & SUPPORT SERVICES
· MID-YEAR B U D G ET REPORT ·
F Y 2 0 2 1 - 2 2
Attachment A

• HEALTH CARE AGENCY
111111 ...
►
1725
A +- CLINICS
1725
B +- ANNEX
DISEASE CONTROL ➔

EPIDEMIOLOGY

PUBLIC HEAL T

ABORATO
C o•••c• couNTY
gQY..:,,£QID
County of Orange
FY 2021-22 Mid-Year Budget Report
January 25, 2022

Facility Development, Fund 14Q, for the Jail Facilities Americans with Disabilities Act (ADA) accessibility upgrade project.

▪ In Sheriff -Coroner Construction and Facility Developme nt, Fund 14Q, increase structures and improvements by $ 300,000 offset by a corresponding increase to transfers in from Countywide Capital Projects, Fund 15D, for the Theo Lacy Facility security block wall project.

In Countywide Capital Projects, Fund 15D, decrease services and supplies by $300,000 offset by a corresponding transfer out to Sheriff -Coroner Construction and Facility Development, Fund 14Q, for the Theo Lacy Facility security block wall project.

County Executive Office (Department 017)
Proposition 69 - DNA Identification Fund (Fund 12J, Department 017, Budget Control 12J)
On December 1, 2021, the Prop 69 Committee (“Committee”) approved the allocation of 2021 DNA Identification Fund revenues and estimated f unding totaling $ 840,000. The Committee voted to allocate $795,385 as one-time funding requests to enhance the DNA programs for local law enforcement entities and County Departments and set aside $44,615 for future funding requests.

Funds allocated for one-time funding requests will be used to provide crime scene light aids to locate DNA evidence, evidence handling and storage solutions, two rapid DNA instruments and continued funding for the Advanced Forensic Testing Program.

Allocations by entity are summarized in the following table:

Agency Details 2021 Recommended
One-Time Allocation
Buena Park Police Department Forenscope Tablet $ 30,189 Costa Mesa Police Department
Crime-Lite Auto Kit
Cold Case Storage System 101,361 Garden Grove Police Department
Two DNA Clothing Dyers
Plastic Storage Bins 15,000
Irvine Police Department
Two Crime-Lite Auto Kits
DNA Evidence Storage 121,325
Newport Beach Police Department
Crime-Lite Auto Kit
Crime Scene Lights
DNA Storage Lockers 37,847
Orange Police Department
Shelving Units
Storage File Boxes 4,000
Placentia Police Department
High Density Mobile Storage
Two Drying Cabinets 132,000
Seal Beach Police Department DNA Freezer Chest Storage 3,000 17 Attachment A

FY 2021-22 Mid-Year Budget Report - Budget Adjustment Summary Budget Control Name Fund Dept
Code
Budget
Control
Budget
Unit
Rev
Source Object
Balance
Sheet
Acct
Dept
Rev
Source
Dept
Obj
Code
Dept Bal
Sheet
Code
Appropriations Revenue Inc/Dec
Reserves
Net County
Cost
Sheriff-Coroner Construction and Facility
Development 14Q 060 14Q 14Q-P228 4200 0000 446,400 0 0
Sheriff-Coroner Construction and Facility
Development 14Q 060 14Q 14Q-P228 7811 T15D 0 446,400 0
Countywide Capital Projects Non-General
Fund 15D 036 15D 15D-P000 1400 0000 (446,400) 0 0
Countywide Capital Projects Non-General
Fund 15D 036 15D 15D-PL26 4801 T14Q 446,400 0 0
446,400 446,400 0 0
Sheriff-Coroner Construction and Facility
Development 14Q 060 14Q 14Q-P226 4200 0000 300,000 0 0
Sheriff-Coroner Construction and Facility
Development 14Q 060 14Q 14Q-P226 7811 T15D 0 300,000 0
Countywide Capital Projects Non-General
Fund 15D 036 15D 15D-P000 1400 0000 (300,000) 0 0
Countywide Capital Projects Non-General
Fund 15D 036 15D 15D-PL25 4801 T14Q 300,000 0 0
300,000 300,000 0 0
District Attorney-Public Administrator 100 026 026 026-2000 4000 0000 234,403 0 0 District Attorney-Public Administrator 100 026 026 026-2000 1900 0000 116,260 0 0 District Attorney-Public Administrator 100 026 026 026-2000 7811 T12J 0 350,663 0 Sheriff-Coroner 100 060 060 060-9422 4000 0000 26,000 0 0 Sheriff-Coroner 100 060 060 060-9422 7811 T12J 0 26,000 0 Proposition 69 - DNA Identification Fund 12J 017 12J 12J-5500 3100 0000 444,722 0 0 Proposition 69 - DNA Identification Fund 12J 017 12J 12J-5500 4800 T026 350,663 0 0 Proposition 69 - DNA Identification Fund 12J 017 12J 12J-5500 4800 T060 26,000 0 0 Proposition 69 - DNA Identification Fund 12J 017 12J 12J-5500 9720 0 0 (26,000) Proposition 69 - DNA Identification Fund 12J 017 12J 12J-5500 9720 0 0 (795,385) 1,198,048 376,663 (821,385) 0
Jail Facilities ADA Accessibility Upgrade Project
Jail Facilities ADA Accessibility Upgrade Project
Theo Lacy Facility Security Block Wall Project
Theo Lacy Facility Security Block Wall Project
Proposition 69 - DNA Identification Fund Revenues Allocation Proposition 69 - DNA Identification Fund Revenues Allocation 51 Attachment A

ORANGE COUNTY BOARD OF SUPERVISORS

MINUTE ORDER
January 25, 2022
Submitting Agency/Department: County•Executive Office
Approve FY 2021-22 Mid-Year Budget Report; approve related budget adjustments; amend master position control; direct Auditor-Controller to make related payments; direct Auditor-Controller to close Pension Obligation Bond Debt Service Fund 15J and transfer any residual balances to Miscellaneous, Budget Control 004; approve addition of events to FY 2021-22 County Event Calendar and make related findings per Government Code Section 26227; approve revised title descriptions and classification specifications and adjust pay grades for Pumping Station Operator, ChicfVctcrinarian, Tax Services
Continued on attached page ...

The following is action taken by the Board of Supervisors:

APPROVED AS RECOMMENDED ~ OTHER □
Unanimous l:li!I (1) DO: Y (2) FOLEY: Y (3) WAGNER: Y (4) CHAFFEE: Y (5) BARTLETT: Y Vote Key: Y=Yes; N=No; A=Abstain; X=Excused; B.O =Board Order Documents accompanying this matter:

D Resolution(s)
D Ordinances(s)
D Contract(s)
Item No. 34
Special Notes:

Copies sent to:

GE01-Budge1~ 0a,w Cosma
1128122
I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors, Orange County, State ofCalifomia.

Robi • eler, Clerk of the Bow-~

ORANGE COUNTY BOARD OF SUPERVISORS

MINUTE ORDER
January 25, 2022
The following is action taken by the Board of Supervisors:

APPROVED AS RECOMMENDED lii1 OTHER □
Unanimous lii1 (I) DO: Y (2) FOLEY: Y (3) WAGNER: Y (4) CHAFFEE: Y (5) BARTLETT: Y Vote Key: Y=Yes; N=No; A=Abstain; X=Excumi; B.0.=Buard Order Technician, Licensed Vocational Nurse, Behavioral Health Nurse, Registered Nurse, Senior Registered Nurse, Public Health Nurse Trainee, Public Health Nurse, Lead Public Health Nurse, Supervising Public Health Nurse, Nurse Practitioner land Nurse Practitioner II, effective 1/28/22; approve new title description and classification specification, and set pay grade for Supervising Registered Veterinary Technician, Tax Services Technician Trainee and Senior Tax Services Technician, effective 1/28/22; approve deletion Public Health Nurse 11, Senior Public Health Nurse and Supervising Animal Control Services Representative, effective 1/28/22; approve Side Letter agreement with Orange County Employees Association , effective 1/28/22; approve and adopt revised ML-E salary schedule, effective 1/28/22; and make related findings - All Districts (R.A. 1, 2 and 5 requires 4/5 vote of members present) Item No. 34
1 certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors, Orange County; State of California.

Ro n • eler, Clerk of the card
2 AGENDA STAFF REPORT
MEETI:'fG DATE:

LEGAL ENTITY TAKING ACTION:

BOARD OF SUPERVISORS DISTIUCT(S):
01/25/22
Board of Supervisors
All Districts
Agenda Item
ASR Control 21-001048
..
0 J
SUBMITTING AGENCY/DEPARTMENT:

DEPARTMENT CONTACT PERSON(S):

County Executive Office (Approved)
Oana Cosma (714) 834-7410
Kimberly Engelby (714) 834-3530
... : �
(.,)
SUBJECT: FY 2021-22 Mid-Year Budget Report

CEO CONCUR
Concuc
Budgeted: N/ A
COU�TY COUNSEL REVfEW
No Legal Objection
Current Year Cost: NIA
Staffing Impact: See Staffing Impact # of Positions:
:J-3F3
CLERK Of THE BOARD
Discussion
4/5 Vote
Annual Cost: N/A
Sole Source: N/ A
Section
Current Fiscal Y car Revenue: N/ A
Funding Source: N/A. County Audit in last 3 years: No
Prior Board Action: N/ A
RECOMMENDED ACTION(S):

A four-fifths vote is re'-1uired on Recommended Actions One, Two, and Five. The requested appropriation, revenue, transfors in/out and rcs�rve changes are summarized in this section of the report in the Budget Adjustment Summary document. The requ�sted position changes are summarized in the Position Change Summa;y.

1. Direct the Auditor-Controller to revise appropnatt0ns, revenues, transfers in/out, reserves and obligated fund balances as detailed in the Bud.get Acijustment Summary in accordance with Government Code Sections 29130, 29125 and 25252. (Requires four-fifths vote)

2. Authoriz-.;; the Auditor-Controlkr to revise Departments· American Rescue Plan Act (ARPA) appropriations and revenu�s and perform the budgetary actions identified in the Budget Issues Section. (Requires four-fifths vote)

3. Dir�ct County Executive Office-Human Resource Services to amend the master position control, subject to final classification review, as detailed in the Position Change Summary.

4. Direct the Auditor-Controller to make payment from Fund 12J to the entities and up to amounts as summarized in the table included in the Budget Issues section of this report and upon receipt of approved payment request forms from the County Executive Office.

Pag� l Page 26 of 390
. . ,,., 0
(.. _)

5. Direct Auditor-Controller to close the Pension Obligation Bond Debt Service Fund 15J, and transfer any residual ha.lances to Miscellaneous, Budget Control 004. (Requires four-fifths vote)

6. Approve the addition of events to the FY 2021-22 County Event Calendar, as set forth in Attachment C, and per Government Code Section 26227, find that the events therein will serve a public purpose of the County of Orang~ and will meet the social needs of the population of the County, including but not limited to, the areas lJf health, law enforcement, public safety, rehabilitation, welfare, education, and legal services, and the needs of physically, mentally and :financially handicapped persons and aged persons; that County staff and resources may be used in furtherance of such events; and that County staff may solicit donations of fonds and services for such events.

7. Approve the FY 2022-23 budget adoption schedule as follows: (a) The FY 2022-23 Recommended Budget will be available to the public on or before May 25, 2022; (b) A notice stating that the Recommended Budget is available to members of the public and the time and place of the public hearing \viii be published on or before May 25, 2022; (c) On June 14, 2022, or no later than June 27, the Board shall conduct the public budget hearing on the Recommended Budget; and (d) By June 28, or no later than June 30, 2022, the Board shal! adopt the FY 2022-23 Budget by .resolution,

8. Effective January 28, 2022, approve revised classification specification and adjust pay grade for Pumping Station Operator (Title Code 3521OS, Salary Range T-29).

9. Effective January 28, 2022, approve revised title descriptions and classification specifications, and adjust pay grade for Chief Veterinarian (Title Code 5154SM, Salary Range C-62).

10. Effective January 28, 2022, approve ne\v title description and classification specification, and set pay grade for Supervising Registered Veterinary Technician (Title Code: 5921SM, Salary Range C­ ..., ') _, I .

11. Effective January 28, 2022, approve re.vised title description and classification specification, and adjust pay grade for Tax Services Technician (Title Code 05 05CL, Salary Range C-16), and approve new title descriptions and classification specifications, and set pay grndes for Tax Services Technician Trainee (Title Code 0502CL, Salary Range C-13) and Senior Tax Services Technician (Title Code 0506CL, Sala1y Range C-20).

12. Effective January 28, 2022, approve revised classification specification, and adjust pay grade for Licensed Vocational Nurse (Ti tie Code 4108HP, Salary Range C-19).

13. Effective January 28, 2022, approve revised classification specification, and adjust pay grade for Behavioral Health Nurse (Title Code 4175HP, Salary Range C-43).

14. Effective January 28, 2022, approve revised title d~scriptions and classification specifications, and adjust pay grades for Registered Nurse (Title Code 4143HP, Salaiy Range C-37) and Sr. Registered Nurse (Title Code 4144HP, Salary Range C-39).

15. Effective January 28, 2022_. approve revised title descriptions and classification specification, and adjust pay grades for Public Health Nurse Trainee (Title Code 4\SlHP, Salary Range C-40\ Public.

Health Kurse (Title Code 4185HP, Salary Range C-44), Lead Public Health Nurse (Title Code 4188SM, Salary Range C-46), and Supervising Public Health Nurse (Title Code 4189S\1, Salary Range C-48).

Page2

I 6. Effective January 28, 2022, approve (kletion of Public Health Nt:rsc II (Title Code 4182HP) and Senior Public Health Nurse (Title Code 4 l 86HP) classification ti rles and direct Human Resource Services to remove the deleted classifications from. all Orang~ Couniy C lassific::ition Plan documents.

17. Effective January 28, 2022, approve and adopt the attached Side Letter Agreement bet.ween the County of Orange and the Orange County Ernph1yees Association, included as Attachment D.

18. Effective January 28, 2022, approve revised classification specification, and adjust pay grades for Nurse Practitioner 1 (Title Code 4 J 51 HP, Salary Range C-48 ), and :Kursc Practitioner II (Title Code 4152HP, Salary Code C-53).

19. Effective January 28, 2022, approve deletion of Supervising Animal Control Sen'ices Reprcscntarive (Title Code 5918SM) classification title and direct Buman R.csource Services to remove the obsolete classification from all Orange County Classification Pian documents.

20. Effective January 28, 2022, approve and adopt revised ML-E salary schedule, as detailed rn Attachment E.

SUMMARY:

The Mid~ Year Budget Report provides the Bourd of Supervisors, members of the public, County departments and other interested partie~ with an overvie"v of the current status of revenues, expenditures, Net County Cost, total budgded positions c1.nd various departmental issues requiring recommended changes to the County's budget.

BACKGROUND INFOR.i\1AT10N:

The following components of the FY 2021-22 Mid-Year Budget Report fix Board of Supervisors consideration can be found in A.ttachmcnt A:

Executive Summary
Budget lssues
Human Resources Issues, including;
• Position S1.i1nmary
• Vacant Positions - Ag-:d
Recommended Actions
• Budget Adjustment Summary
• Position Change Summary
Classification Maintenance Studies
• Recomme11ded Actions
• C,!assification Summaries
• Classification Specificutions

FY 202 l -22 County Event Calendar Additions
The County of Orange uses the OpenOC Data Tool, which is a web-based software providing increast·d transparency and easy access to finance and budget information, Supplemental expense and revenue data are available by accessing the OpenOC link: http://data.egovoc.com/?FY2022Q2#/b0. Budget and actual reports, as of December 31, 202 t, can be viewed using the Budget Report - Report Links found on the left-hand side of the \veb page.

FINANCIAL lJ\'IPACT:

Please see Attachment A for Financial Impact detail.

STAFFING IMPACT:

Detailed departmental position change rnqucst information is included in the Budget Issues section of Attachment A, including a summarization of Department requests to add positions. The position change summary of Attachment A documents the specific positions and position titles.

REVIE\VING AGENCIES:

Auditor-Controller
A TT ACI-IMENT(S):

Attachment A - FY 2021 -22 Mid-Year Budget Report
Attachment B - Government Code Sections
Atiachment C - County Events Calendar
Attachmeni D - Side Letter Agreement Between the County of Orange and the Orange County Employees
Atlachrnent E ~ Proposed ML-E Salary Schedule

Agenda Item - 3.h.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Authorize the issuance of a
purchase order to National Auto
Fleet Group for one (1) new Police
Department pursuit responder
pickup truck. (Cost: $46,433.15)
(Action Item)
Date: 3/22/2022

OBJECTIVE
To secure City Council authorization to purchase one (1) new Police Department Pursuit Responder Pickup from National Auto Fleet Group through the Sourcewell competitive bid program, Contract #091521-NAF.

BACKGROUND
The Public Works Department has one (1) Police Department vehicle that currently meets the City’s guidelines for replacement and was approved through the FY-22/23 budget process. The vehicle being replaced is a 2007 Ford Crown Victoria, VIN # 2FAHP71W47X132500 with 78,600 miles. This vehicle is being purchased early to facilitate the vehicle needs of the Police Department’s Traffic Unit Commercial Enforcement program. Experience has shown that the City’s buying power is enhanced through joining with other public agencies to purchase fleet vehicles and equipment.

DISCUSSION
Sourcewell nationally solicits, evaluates and awards contracts through a competitive bid process. As a member of Sourcewell, the City is able to utilize bid awards for equipment purchases. Staff recommends piggybacking on the results of a recent Sourcewell competitive bid program, Contract #091521-NAF. The results deemed National Auto Fleet Group as the lowest responsive bid.

National Auto Fleet Group $46,433.15*

* This price includes all applicable tax and destination charges.

FINANCIAL IMPACT
The financial impact is $46,433.15 to the Fleet Management Fund. Funds were originally budgeted in FY 22/23 and will need to be re-appropriated to FY 21/22 to accommodate the early replacement.

The surplus equipment will be sold at public auction.

RECOMMENDATION
It is recommended that the City Council:

Authorize the Finance Director to issue a purchase order in the amount of $46,433.15 to National Auto Fleet Group for the purchase of one (1) new Police Department Pursuit

•
National Auto Fleet Group for the purchase of one (1) new Police Department Pursuit Responder Pickup; and

Authorize the Finance Director to appropriate $46,433.15 that was originally budgeted for FY 22/23 to the FY 21/22 budget.

By: Steve Sudduth, Equipment Maintenance Supervisor

•
Agenda Item - 3.i.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: Chief DaRé
Dept.: City Manager Dept.: Police
Subject: Authorize issuance of a
purchase order with Irv
Seaver Motorcycles for two
police motorcycles.
(Amount: $60,000) ( Action
Item)
Date: 3/22/2022

OBJECTIVE
To obtain City Council authorization to purchase two (2) new and unused police motorcycles from Irv Seaver Motorcycles through City of Burbank purchase order No. 165971.

BACKGROUND
The purchase of two additional police motorcycles was approved in the adopted FY 2021-22 City budget, to support the creation of a commercial enforcement program within the police department’s Neighborhood Traffic Unit.

DISCUSSION
In December 2021, the City of Burbank issued request for quotation number 2021-031 for new and unused BMW police motorcycles and subsequently awarded the contract to Irv Seaver Motorcycles. Section 2.50.060(e) of the Garden Grove Municipal Code allows an exception to the competitive bidding process when another public agency has competitively procured the same goods and/or services, and when the purchase price and other terms similar to those in a contract awarded are made available to the City of Garden Grove. The Garden Grove Police Department recommends use of the cooperative purchasing agreement on the City of Burbank’s purchase order contract with Irv Seaver Motorcycles to secure goods at the same unit price as specified in the contract.

The cost of each motorcycle outfitted to Garden Grove specifications is $29,993.15, including tax, freight, dealer prep, and other charges. The Department requests, however, that the purchase order be issued in the amount not to exceed (NTE) $60,000 to account for any minor variations in costs or unanticipated increases prior to the purchase order being issued.

FINANCIAL IMPACT
General Fund moneys were appropriated in the adopted FY 2021-22 budget for the purchase of two fully equipped police motorcycles; there will be no additional burden on the General Fund.

RECOMMENDATION
It is recommended that the City Council:

Authorize the request to dispense with bidding pursuant to Garden Grove Municipal Code 2.50.060(e); and

Authorize the Finance Director to issue a purchase order in the amount of $60,000 to Irv Seaver Motorcycles for the purchase of two (2) new and unused police motorcycles.

By: Courtney Chibosky, Fiscal Analyst
ATTACHMENTS:

Description Upload Date Type File Name
Brochure 2022
R125RTP 3/8/2022 Backup Material Brochure_2022_R1250RTP .pdf City of Burbank RFQ
2021-031 - Irv
Seaver Bid
3/8/2022 Backup Material RFQ_2021-031_-_Irv_Seaver_Motorcycles_Bid.pdf City of Burbank Build
Sheet 3/8/2022 Backup Material City_of_Burbank_Build_Sheet.pdf City of Burbank PO
165971 3/8/2022 Backup Material PO_0_165971_0_US.pdf
Garden Grove Quote
with Burbank
Piggyback
3/8/2022 Backup Material Garden_Grove_Quote_with_Burbank_Piggy_Back_3- 8-2022.pdf

•
•

© 2021 BMW Motorrad USA. All Rights Reserved. A division of BMW of North America, LLC January 2021

The R 1250 RT-P

Still Your Best Long-Term Value!

UNCOMPROMISING PERFORMANCE

The BMW R 1250 RT-P is a true all-round performer which excels in every mission. Whether it's patrolling freeways or city streets, the maneuverability and long-distance comfort makes this top-class police motorcycle a workstation for those with high demands.

INTELLIGENT DESIGN

A relaxed, safe ride with outstanding comfort, powerful potential and flexible handling: the BMW R 1250 RT-P has been a symbol of these virtues for more than three decades.

The latest version of the BMW R 1250 RT-P with extensive equipment components and low fuel consumption sets the benchmark even higher when it comes to supremacy, agility, ergonomics, power and dynamics.

~ BMW
~ MOTORRAD

© 2021 BMW Motorrad USA. All Rights Reserved. A division of BMW of North America, LLC January 2021

The R 1250 RT-P

Your Best Long-Term Value!

No police motor sold today has a higher level of
standard equipment than the BMW … you have told us
what you use and need … and BMW supplies it!

BMW Police Motors are being utilized by more than 550
agencies in the US, including the three largest US fleets operated by the California Highway Patrol, Los Angeles
Police Department and Los Angeles Sheriff’s Department.

BMW R 1250 RT-P Standard Features:
• Electronic Suspension Adjustment (ESA) with Dynamic Traction Control (DTC) • ABS Pro increasing braking effectiveness in corners
• EU-4 emissions are now certified for use with octane as low as 87 AKI regular fuel. • Tire Pressure Monitoring
• Heated seat and heated handlebar grips (5-level adjustment for heat settings) • Electronic Cruise Control (controls down to 8 mph)
• Weather Protection: provides rain, wind and heat protection / keeps rider and motor clean • Rider Information Display including system voltage, ambient temperature, etc. • Fully integral ABS braking system with independent rear wheel brake control • Electronic lock-release integrated radio box with wiring ports, ground plate and antenna mount • Police-specific top-opening saddlebags with glove-friendly latch and optional work bag liner • Linked dual 16 Ah maintenance-free batteries with 10 separately monitored equipment circuits • Wind tunnel optimized full fairing provides superior air management with no engine heat on rider. • Four-way emergency flashers as well as two-way rear flashers, blue ID lights. • Central stand allowing easier maintenance such as tire changes, cleaning, etc. • All lights “off” switch with dimmable dashboard information display. • Cruise lights for dimmed front and rear emergency light steady illumination. • Wig-wag headlight function (three selectable frequencies or off). • Alley light switch enables independent illumination of L or R front side LED alley lights. • Integrated fairing-mounted speakers for radio & radar, pre-wired inside radio box w/ mute switch. • GMSF managed power connection bus inside radio box for all common equipment connections. • Accurate digital police speedometer with pace-lock display. • Three-tone BMW 120 dB twin-speaker siren with wail/yelp/hyper-yelp, air horn and public address. • Cutting-edge BMW/Code 3 LED emergency lighting system with LIN-bus control. • Electrically adjustable windshield, adjustable seat height, adjustable brake, clutch & shift lever. • Full radio interference suppression system with optimized radio antenna and control head mount. • Gun lock release handlebar switch and pre-wired harness for lock. • Corrosion-resistant stainless-steel front and rear protection bar system. • Pre-wired moving radar connection (VSS, battery+, switched power +, ground) • Pre-wired constant and switched-power circuits for computers, printers or video systems. • Side stand holds motorcycle on grades up to 9% without locking mechanism • The largest fuel tank (6.6 gal) with dramatically better fuel economy and range ≥300 miles. • The longest service intervals (6,000 miles) for oil change / maintenance. • The most comprehensive warranty covering all BMW supplied equipment, not just the motorcycle, enables your authorized BMW dealer to keep your motors on the road with less down-time.

The high level of standard and available equipment means significantly lower up-fitting costs as well as greater utilization and reliability for your agency. Look carefully at what features you specify in your RFQ’s when comparing price and value. Page 35 of 390

© 2021 BMW Motorrad USA. All Rights Reserved. A division of BMW of North America, LLC January 2021

The R 1250 RT-P
Emergency Lighting

The R 1250 RT-P provides the most modern,
integrated lighting system available on a police
motor. The auxiliary rear emergency light unit
provides high-intensity visibility in all situations, plus provides additional benefit if the radio box lid is
opened during the violator stop.

The BMW emergency lighting system provides:

• Four times the forward intensity of the prior
model
• Focused lighting to cover primary danger zones
where motorists are likely to turn left or pull-out
in your path
• High intensity take-down lights and alley lights
• Alternating wig-wag functionality to maximize
visibility
• Optimally grounded radio antenna mounting
bracket (standard equipment), which is suitable
for any radio frequency from 40 MHz to 800+ MHz.

Rear Light Module

Integration is further enhanced with the rear light module, which combines all of the lighting system components previously mounted on the rear of the police motor together in an easily-accessible controller module.

• Rear and rear-side facing emergency lights provide greater intensity than the previous double-stacked units.
• New high-mount rear-facing auxiliary brake & tail lights enhance visibility for approaching vehicles. • Side-facing auxiliary turn signals add visibility when changing lanes while passing vehicles. • Fully-integrated rear ID lights in blue or red keep license plate area uncluttered. • Motion activated saddlebag lights provide visibility in bags at night / low light environments.

© 2021 BMW Motorrad USA. All Rights Reserved. A division of BMW of North America, LLC January 2021

Saddlebag illumination is another feature for
the R 1250 RT-P. Two LEDs are precisely
focused to illuminate the inside of the police
saddlebag. Actuation is simple … wave your
hand by the light and a proximity sensor will
turn-on both saddlebag lights for 15 seconds,
then automatically turn them off! If you need
the light for a longer period, wave your hand
again and you get another 15 seconds of
illumination. A cool yet extremely practical
feature when loading / unloading at night, in
low light conditions, parking garages, etc.

Handlebar Switch Assemblies
• Emergency light & siren switch has been
relocated for optimal access. A touch of the
switch activates lighting and siren system.
• Emergency lights now offer two program pattern
switching modes.
• Siren has been programmed for quick switch
response for “chirp” activation as well as wail,
yelp, hyper-yelp and air horn.
• Radio speaker mute switch function now
standard.

Full Color TFT Dashboard
Full-color TFT dashboard provides a wealth of
information to rider via the thumb-wheel control.

Dashboard angle is adjustable to eliminate glare
for officers of any height.

Integrated radio head and map light mounting is
standard equipment on the new R 1250 RT-P,
thereby facilitating quick yet secure installation
of the radio control head. Combined with the
standard radio antenna mounting at the rear, the
RT-P is ready for any police radio installation
without purchasing extra mounts. The mounting
will also facilitate the tandem mounting of a
police video system display / control head while
retaining easy access to the ignition switch.

Saddlebag Illumination

10.25” TFT Display (Std)

© 2021 BMW Motorrad USA. All Rights Reserved. A division of BMW of North America, LLC January 2021

Shift Cam Technology

The new BMW Shift Cam technology enables variation of
the valve timing and valve stroke on the intake side. In addition, the intake camshafts are designed for
asynchronous opening of the two intake valves, resulting in enhanced swirling of the fresh incoming air-fuel
mixture, and, therefore, more effective combustion. Other technical changes to the engine relate to the camshaft
drive – now with a toothed chain (previously a roller
chain) – an optimized oil supply, twin-jet injection valves and a new exhaust system.

• New level of power and torque
• Improved performance
• Increased smoothness
• Reduced emissions
• Increased fuel economy
• Robust exhaust note
• Increased performance in lower power
band

© 2021 BMW Motorrad USA. All Rights Reserved. A division of BMW of North America, LLC January 2021

Advanced Electrical System

The R 1250 RT-P sets the standard for
electrical power management while providing
fast and efficient connection of police
equipment. The GMSF (Body Controller
authority) controls all special authority circuit
outputs and charging of the auxiliary battery.

There is no need for fuses, the GMSF monitors
and protects outputs, controlling circuits for all
police accessories:
• Gun Lock (6A)
• Radio (15A)
• Auxiliary LED Emergency Lights
• LED Flasher Connection (10A + 6A)
• Helmet Headset Interface (2A)
• Lighter Socket (6A)
• Accessory I (2A)
• Accessory II (2A)
• Accessory III (2A)
• Fairing Radio Speakers
• Radar Connection (6A)

The radio box on the R 1250 RT-P features an
electronic release, eliminating the need for a key to
open the box. The Body Controller authority and
auxiliary battery are located under the radio box for
optimal protection and interference suppression
(average police radio chassis illustrated in radio
box). The GMSF controls all accessory outputs
and limits the time each output is powered after
ignition-off. When each output is switched off, no
parasitic loads are possible. The GMSF also
monitors battery condition and systematically shuts-
down accessory outputs to ensure the auxiliary
battery cannot be flattened / damaged. At an
average of $1.50 a minute, installation labor for
radios and accessories can be greatly reduced
which significantly lowers your overall police motor
preparation costs.

© 2021 BMW Motorrad USA. All Rights Reserved. A division of BMW of North America, LLC January 2021

Optional Value from BMW R 1250 RT-P Motors:

BMW provides the most comprehensive assortment of options specifically designed for BMW motors, from simple map lights to electric locking assault rifle mounts. BMW designs these options to enable agencies to professionally mount the specialized equipment that we know you need and use, enabling everything to work properly. Additionally, these specially designed mounts greatly reduce the installation time over “universal” mounts (universal means it doesn’t fit anything properly), making the final package more affordable. All options are warranted by BMW to fit and function properly! A detailed listing of available options is in this information sheet.

Many recent entrants to the police motor arena have made claims of being much less expensive, but when t he bidding is over and the dust settles, those motors are usually similar in price or even more expensive than the BMW with far less standard equipment and higher operating costs! Don’t be fooled by the newcomers!

Factory and Dealer added options available at additional cost:

• Keyless Ride
• Gear Shift Assist Pro – enables up and down shifting without clutch once motor is moving in 1st gear • Chrome Exhaust – beautify your ride
• Additional Fog Lights – provides low level lighting for fog / alternatively flashes with headlight flasher during daytime operation of emergency lights
• PA Microphone
• High Seat Heated – no charge high seat option
• Low Seat Heated – no charge low seat option

Longer Seating Surfaces and Narrower Frame

"Freshtouch" cover for heated seat.
• Approx. 18°F cooler under direct
sunlight.
• Optimized foam padding for greater
comfort.
• Transfers warmth from the heated
seats better.

I
O.Sin. longer
front seat

© 2021 BMW Motorrad USA. All Rights Reserved. A division of BMW of North America, LLC January 2021

How Important is Fuel Economy?

The long-term operational fuel cost for
motors is an item seldom noted in most
bids. BMW has recognized that most
agencies have 87 AKI fuel in agency
pumps at a cost substantially less than fuel
motors purchase on the street.

BMW has tuned the engine on the MY17→
R 1250 RT-P to operate on fuel with octane
rates as low as 87 AKI, which provides
tremendous savings to agencies over
purchasing premium fuel at local gas
stations. The chart on the right illustrates
the potential cost savings.

Often, motor purchases are decided with
minimal differences in price without
consideration to the effect of operational
cost, yet these costs can dwarf the
variance between competing bids. Fuel
cost is one more reason why BMW Police
Motors are the best long-term
value for your agency.

* Price of regular fuel, purchased by LAPD in bulk 7/2017 Retail fuel prices based on LA Times published 7/13/2017 ¹ MPG based on 2017 LASD test results for MY17 BMW
R 1200 RT-P and H-D FLHTP - your results may vary
² H-D FLHTP only rated for premium fuel based on MY17
H-D Owner's Manual

BMW provides service maintenance training classes at our Ontario, CA BMW Training Center free-of-charge to the agency.

This class is specifically tailored to agency technicians who wish to fully maintain the motor as well as perform supplementary work such tire changes, clutch replacement, etc. BMW also offers training on the BMW ISPI diagnostic tester system for agencies with larger fleets that can justify the acquisition of a diagnostic tester.

The training enrollment form can be found under the training tab on the BMW Police Motors website at www.bmwmc.net .

Michigan State Police receiving indoctrination training from Dick Rothermel
Fuel Cost Savings - Southern California
July, 2017
Lifecycle Mileage 40,000 70,000 100,000 BMW R 1200 RT-P MPG¹ 38.8
Premium - Retail 3.08 $ 3,175.26 $ 5,556.70 $ 7,938.14 $ Regular - Retail 2.87 $ 2,958.76 $ 5,177.84 $ 7,396.91 $ Regular - Bulk* 2.18 $ 2,247.42 $ 3,932.99 $ 5,618.56 $ Savings
216.49 $ 378.87 $ 541.24 $
927.84 $ 1,623.71 $ 2,319.59 $
H-D FLHTP² MPG¹ 35.7
Premium - Retail 3.08 $ 3,450.98 $ 6,039.22 $ 8,627.45 $ Savings
275.72 $ 482.51 $ 689.31 $
492.22 $ 861.38 $ 1,230.54 $
1,203.56 $ 2,106.23 $ 3,008.89 $ BMW Regular Bulk vs FLHTP BMW Premium vs FLHTP
Total Fuel Lifecycle Cost
Total Fuel Lifecycle Cost
BMW Regular Retail vs Premium
BMW Regular Bulk vs Premium
BMW Regular Retail vs FLHTP

I
I
I
I

© 2021 BMW Motorrad USA. All Rights Reserved. A division of BMW of North America, LLC January 2021

BMW Motors Perform at Michigan State Police Vehicle Test.

BMW Motorrad USA supports the Michigan State Police Vehicle Test, participating again in the 2020MY vehicle test program, with the R 1250 RT-P, F 850 GS-P and F 750 GS-P performing flawlessly in the testing, registering impressive results in all test categories throughout the testing program. Go to www.bmwmc.net under Products / Agency Reviews to see the complete test report with details on all motors tested.

BMW Motorrad USA thanks the Michigan State Police for conducting their annual vehicle testing program, which we feel is a valuable service to law enforcement agencies everywhere. Page 42 of 390 ~ .,
~

SUMMARY OF MOTORCYCLE

ACCELERATION & TOP SPEED
BMW R BMWF BMW F Harley- Harley-
1250 RT-P 750 GS-P 850 GS-P Davidson Davidson

FLHTP F LHP
ACCELERATION (seconds)
0-20 moh 136 1 29 140 118 123
0-30 moh 1.94 1.98 2.09 1.82 1.82
0----40 moh 2.53 2.69 2.75 2.63 2.63
0-50 mph 3.15 3.58 3.57 3.96 3.90
0-60 moh 3.88 4.72 4.56 5.30 5.17
0-70 mph 4 85 6 14 590 708 691
0-80 moh 5 90 8 15 763 951 905
0-90 moh 7.20 10.94 9.97 12.90 12.34
0-100 mph 8.84 15.34 13.85 20.05 1804
TOP SPEED 137 116 .2 120.1 108.3 109.2
(mph)
DISTANCE TO REACH lmilesl
100 moh
120 mph
Top Speed
150.0
14 5.0
140.0
135.0

0.15 0.29 0.26 0.41 0.36

0.33 N/A 1.60 N/A N/A

2.27 1.78 1.60 0.79 0.67
2020 Motorcycle Brake Testing
Projected Stopping Dista nce
139.6
137.2
1318 131.8 I I 130.0
125.0 ~ I I I I
120.0 I I I I I
115.0
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MOTORCYCLE DYNAMICS TESTING
SEPTEMBER 12, 2019
Vehicl•s Drivers Lo p 1 Lop 2 Lop 3 Lop 4 Lop 5 Average TIBAUDO 01:37.71 01 :38.52 01:37.84 01:38.37 01:37.41 01:37.97 BMW R 1250 RT .P DARLINGTON 01:37.40 01:37.43 01:37.58 01:37.22 01:36.85 01:37.29 Yahama CUPP 01:35.99 01:3625 01 36.49 01:36.56 01:35.71 01:36.20 FJ R1300 ROGE RS 01:36.91 01 :36.27 01 36.16 01:36.06 01:36.29 01:36.34 P-AB Overall Avera ge 01:36.95
DARLINGTON 01 40 20 01 39 58 01 39 92 01 39 56 0139 52 0139 76 122 BMW F 750 GS.P TIBAUDO 01:41.67 01:41.61 01:41.00 01:41.64 01:40.67 01:41.32

1.82 ROGERS 01:39.43 01 :38.89 01:39.41 01:39.35 01:39.21 01:39.26 CUPP 01:39.22 01 :39.26 01:38.76 01:39.41 01:38.45 01:39.02

2.41 Overall Average 01:39.84

2.98 ROGERS 01:38.01 01 :37.30 01:38.27 01:38.19 01:37.17 01:37.79

3.67 BMW F 850 GS.P CUPP 01:37.55 01 :37.35 01:37.31 01:37.62 01:37.06 01:37.38 4 57 DARLINGTON 01:38.17 01 :37.67 01:37.77 01:39.00 01:39.37 01:38.40 TIBAUDO 01:39.29 01 :38.92 01:39.00 01:39.14 01:38.57 01:38.98

5.48 Over;all Average 01:38.14

6.75 ROGERS 01 50.05 01 49.06 0149.61 01:49.15 01:49.37 01:49.45

8.19 Harley-Davidson FLHTP CUPP 01:49.66 01 :49.27 01:50 08 01:49.93 01:49.46 01:49.68 DARLINGTON 01 50.04 01 50.15 0149.76 01:49.73 01:49.50 01:49.84 147 TIBAUDO 01:50.62 01 :50.30 01 50.41 01:50.30 01:49.90 01:50.31 Overall Avera ge 01:49.82

0.13 DARLINGTON 01:51.69 01:51 02 01 51.26 01:50.97 01:51.31 01:51.25

0.28 Harl•y-Oavidson FLHP TIBAUDO 01:4965 01:4913 01 4981 01:4951 01:4915 01:49.45 ROGERS 01:48.94 01 :48.97 01:49.19 01:49.04 01:49.00 01:49.03

3.01 CUPP 01:49.41 01 :49.62 01 :49.38 01:49.45 01:49.48 01:49.47 Overall Average 01:49.80
CUPP 01:38.34 01 :37.06 01:37.17 01:36.48 0 1:35.57 01:36.92 Yahama FJR1300P·AB ROGERS 01 3668 01 3713 01 36 59 01:3632 01:3680 01:36 70 TIBAUDO 01:40.69 01 :39.85 01:39.60 01:39.80 01:40.22 01:40.03 DARLINGTON 01:38.38 01 :38.79 01:38.85 01:38.63 01:38.18 01:38.57 Overall Average 01:38.06
143.8
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© 2021 BMW Motorrad USA. All Rights Reserved. A division of BMW of North America, LLC January 2021

2020 Police Motor BMW R 1250 RT-P Harley-Davidson FLHTP Harley-Davidson FLHP Comparison Chart

Manufacturer’s Equipment

Engine:

Displacement:

Horsepower:

Torque:

Transmission:

Clutch:

Rear Drive:

Minimum Octane Rating:

Fuel Economy: (from 2017 LASD vehicle
test)
Electrical Output at Idle:

Cooling System:

Service Interval (in miles):

Engine:
1254 cc
136 bhp @ 7,750 rpm
105 lb/ft @ 6,500 rpm
6-Speed
8-plate wet
Shaft w/bevel gears
87 AKI (regular)

49.5 mpg (WMTC)
23-34 Ah (variable)
Air / Water w/fan drive
600, then every 6,000
Engine:
1868
Not Listed
123 lb/ft @ 3,000 rpm
6-Speed
9-plate wet
Belt
91 AKI (premium)
43 mpg
28 Ah
Air / oil (fan optional)
1,000, then every 5,000
Engine:
1868cc
Not Listed
123 lb/ft @ 3,000 rpm
6-Speed
9-plate wet
Belt
91 AKI (premium)
43 mpg
28 Ah
Air / oil (fan optional)
1,000, then every 5,000
Safety Features:

Anti-lock Brakes:

Cornering ABS:

Traction Control:

Tire Pressure Monitoring:

Ride Modes: Rain & Road
Safety Features:

Standard
Standard
Standard
Standard
Standard
Safety Features:

Standard
Standard
Standard
Standard Not
Available
Safety Features:

Standard
Standard
Standard
Standard
Not Available
Performance:*
Acceleration 0 – 100 mph:

Top Speed:

Braking 60 – 0:

Dynamic Track Avg. Lap Time:

Cornering / Lean Angle:

Wet Weight:

Performance:*

8.84 sec.
137 / 125² mph
127.3 feet
1:36.95
46 degrees
650 lbs. (complete)
Performance:*

20.05 sec.
108 mph
137.2 feet
1:49.82
32 degrees
844 lbs. (stripped)
Performance:* (stg 1 kit)

18.04 sec.
109 mph
139.6 feet
1:49.80
32 degrees
842 lbs. (stripped)
Equipment / Features:

Full fairing protection:

Elect. adjustable windshield:

Radio box:

Siren system:

Full emergency lighting system:

Photo-cell wig-wag headlight system:

Pre-wired radio box connection strip:

Auxiliary battery system:

Parasitic load control:

Take-down lights:

Alley lights:

Cruise lights:

Pre-wired fairing dual radio speakers:

Adjustable hand levers:

Radio box lighter socket:

Pre-wired gun lock release w/timer:

Center stand:

Heated seat:

Heated grips:

Electronic cruise control:

Adjustable seat height:

Equipment / Features:

Standard
Standard
Standard
Standard
Standard¹
Standard
Standard
Standard
Standard
Standard¹
Standard¹
Standard
Standard
Standard
Standard
Standard
Standard
Standard¹
Standard
6 mph + in any gear
2 positions; Standard, Low or
High Seats Available.

Equipment / Features:

Not Available
Not Available
Optional
Optional
Optional
Not Available
Not Available
Optional
Not Available
Optional
Not Available
Not Available
Optional
Not Available
Not Available
Not Available
Not Available
Not Available
Optional
29-90 mph in 2+ gear
Seat strut adjustment based
on rider weight.

Equipment / Features:

Not Available
Not Available
Optional
Optional
Optional
Not Available
Not Available
Optional
Not Available
Optional
Not Available
Not Available
Optional
Not Available
Not Available
Not Available
Not Available
Not Available
Optional
29-90 mph in 2+ gear
Seat strut adjustment based
on rider weight.

Manufacturer’s New Motorcycle
Limited Warranty:
36 months/60,000 miles 24 months/unlimited miles 24 months/unlimited miles * Performance results from 2020 Michigan State Police vehicle test report. Competitor information obtained from manufacturer’s w ebsite documentation. ¹ Full or partial feature can be optionally deleted. ² Top speed limit of 125 can be programmed by authorized BMW dealer if desired.

© 2021 BMW Motorrad USA. All Rights Reserved. A division of BMW of North America, LLC January 2021

R 1250 RT-P Options / Equipment Listing

Factory Color Choices:

Night Black & Alpine White III (753) Other Convenience Options:

Alpine White III (751) (Special Order) Extra Ignition Key / Keyless Ride Fob Night Black (716) Low Seat - Not Heated
Std. Seat – Not Heated
Factory & Dealer Added Options: High Seat – Not Heated
Keyless Ride (193) Low Seat - Heated
Gear Shift Assist Pro (222) High Seat - Heated
Chrome Exhaust (350) Tire Pressure Gauge
Additional Fog Lights (562) Saddlebag Liners (each)
High Seat – Heated (610)
Low Seat – Heated (776)

Standard Factory Features:

Heated Single Seat (518)*
Heated Handlebar Grips (series std.)
TPM (Tire Pressure Monitoring) (530)*
Traction Control System (series std.)
ABS Pro (series std. from MY2018)
Electronic Cruise Control
Weather Protection Pkg. (649)*
US Authority Package (113)
Authority Package (369)
Full Interference Suppression (461)
Electronic Siren (486)
Authority Speedometer MPH (504)
Auxiliary Battery (537)
Switch-Off Lights (570)
Single Seat w/Large Radio Box (642)
Painted Special Duty Cases (660)
Front Protection Bars (672)
Rear Protection Bars (674)
Deviation from Standard (719)
Rear Socket (764)
Michelin Tires (788)
Authority Vehicle (998)
Emergency Light Options
Red, Blue, Amber, White LEDX Modules
Duplex LEDX Rear Module
(Blue/Blue, Red/Red, Blue/Red, Blue/Amber)
Twin Torus LED Take-Down Lights
Single Torus LED Alley Lights
Auxiliary Brake/Tail LED Lights
Auxiliary Side Turn Signal Lights
Saddlebag LED Lights

© 2021 BMW Motorrad USA. All Rights Reserved. A division of BMW of North America, LLC January 2021

Engine Layout Air/water-cooled flat twin ('Boxer') 4-stroke engine, two camshafts and four radially aligned valves per cylinder, central balancer shaft, BMW ShiftCam VVT.

Bore x stroke 102.5 mm x 76 mm
Displacement 1,254 cc
Rated output 136 hp (100 kW) at 7,750 rpm
Max. torque 105 ft-lb (143 Nm) at 6,250 rpm
Compression ratio 12.5 : 1
Mixture control / engine management Electronic intake pipe injection / BMS-X+ electronic engine management with E-Gas electronic throttle actuator, ride mode control (rain / road), optional Ride Modes Pro with additional dynamic mode, reduced throttle twist angle to 70° Emission control Closed-loop 3-way catalytic converter, emission standard EU-4 Cooling System Air / water precision cooled, thermostatically-controlled micro-cooled, large radiators with computer-controlled auxiliary fan drive
Maximum speed 125+ mph (200 km/h)
Fuel consumption 60 mpg at a constant 56 mph
Fuel type Premium fuel 91 AKI (pursuit rated minimum octane rating: 87 AKI) Alternator Dual speed alternator 508W w/auxiliary battery / 34Ah output at idle Battery, Main 12 V / 16 Ah, AGM maintenance-free
Battery, Auxiliary 12 V / 16 Ah, AGM maintenance-free, with computer controlled charging relay Clutch Self-energizing wet clutch, 8-plates, hydraulic self-adjusting Gearbox Constant mesh 6-speed gearbox with helical gear teeth Drive System Shaft drive with integral torsion damper; standard ABS and traction control Frame Continuous tubular steel bridge-type frame, bolt-on rear frame section Front wheel location / suspension BMW Motorrad Telelever, central spring strut, hydraulic steering damper Rear wheel location / suspension Cast aluminum single-sided swing arm with BMW Motorrad EVO Paralever; WAD strut (travel-related damping), spring preload hydraulically adjustable (continuously variable) at hand wheel, rebound damping adjustable
Suspension travel front / rear 4.7/5.4 inches (120 mm / 136 mm) Wheelbase 58.5 inches (1,485 mm)
Castor 3.92 inches (99.6 mm)
Steering head angle 64.1°
Wheels Cast aluminum wheels, MTH2 rim profile
Rim, front 3.50 x 17"
Rim, rear 5.50 x 17"
Tires, front 120/70 ZR 17 Michelin Pilot Road 4
Tires, rear 180/55 ZR 17 Michelin Pilot Road 4
Brake, front Dual disc brake, floating brake discs, diameter 320 mm, four-piston radial calipers Brake, rear Single disc brake, diameter 275 mm, double-piston floating caliper ABS BMW Motorrad Integral ABS (Fully-integral) with ABS Pro standard Length 87.5 inches (2,222 mm)
Width (incl. mirrors) 38.7 inches (983 mm)
Height (excl. mirrors) 55.7 inches (1,416 mm)
Seat height, wet weight 31.7/32.5 inches Std (high: 32.7 / 33.5 inches; low seat: 29.9 / 30.7 inches) Weight, wet 650 lbs (295 kg)
GVWR 1,091 lbs (495 kg)
Payload including rider 441 lbs (200 kg)
Usable tank volume 6.6 gallons (25.0 liters)
Reserve Approx. 1 gallon (4.0 liters)
Saddlebag volume 23 liters each, top-opening
Single key locking system Two metal coded keys are standard or two fob transmitters with Keyless Ride option.

Additional coded keys or fobs can be ordered with unit or after purchase.

Siren system BMW twin speaker electronic siren with wail, yelp, hyper-yelp, air-horn, PA.

SAE J1849 and CA Title 13 compliant. 120 dB (A) @ 3 m.

Emergency lighting system BMW/Code 3 LED light system (maximum 10 LEDX light heads) with alternating flash sequence, channel segregation for front & rear and duplex LEDX auxiliary rear.

Alley lights Integrated alley light function utilizing separate Torus LED, selectable alternating wig-wag with emergency light operation.

Cruise lights Integrated cruise light function for front and rear facing LED emergency lights to steady- burn at 10% power output.

Take-down lights Integrated twin Torus LED, with selection switch for steady-burn or wig/wag alternating flash with emergency light operation.

Technical Specifications R 1250 RT-P

© 2021 BMW Motorrad USA. All Rights Reserved. A division of BMW of North America, LLC January 2021

BMW Motorrad USA

Contact Information:

Keith Wilson, Nat’l Authority & Fleet Sales Manager
[email protected] (248-472-6786 Cell)

BMW Police Motors Website
www.bmwmc.net
Photo Courtesy of Ray Holt-Michigan State Police

© 2021 BMW Motorrad USA. All Rights Reserved. A division of BMW of North America, LLC January 2021

Limited Warranty - 2021 Police Motorcycles (Valid only in the U.S.A.) Warrantor - BMW of North America, LLC (“BMW NA”) warrants to the first retail Public Authority (Purchaser) and each subsequent Purchaser of 2021 U.S. specification R 1250 RT- P, F 850 GS-P and F 750 GS-P BMW Police motorcycles, imported by BMW NA against defects in material or workmanship.

Warranty Begins- Coverage begins with the date of the first retail sale or the date the vehicle is first placed into service as a sale demonst rator, BMW Press vehicle, BMW Employee Lease vehicle, BMW demonstrator, BMW display vehicle, BMW Fleet vehicle or BMW dealer demonstrator prior to sale at retail, on the date the vehicle is first placed in such service.

Warranty Period-The warranty period is 36 months or 36,000 miles (60,000 miles for BMW Authority vehicles) whichever occurs first except for as noted below.

Warranty Coverage-To obtain warranty service coverage, the vehicle must be brought, upon discovery of the defect in material or workmanship, to the workshop of an authorized BMW motorcycle and scooter dealer in the United States or Puerto Rico, during normal business hours. This BMW dealer will, without charge for parts or labor, either repair or replace the defective part(s) using new or authorized remanufactured parts. The decision to repair or replace said part(s) is solely the prerogative of BMW NA. Parts for which replacements are made become the property of BMW NA. In all cases, a reasonable time must be allowed for warranty repairs to be completed after the vehicle is received by the BMW dealer. Warranty repairs do not constitute an extension of the original limited warranty period for the vehicle or a part thereof.

BMW NA hereby excludes incidental and consequential damages, including loss of time, inconvenience, or loss of use of the vehicle, for any breach of any express or implied warranty, including implied warranty of merchantability that may be applicable to this product. Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusion may not apply to each owner.

This warranty gives the owner specific legal rights and the owner may also have other rights, which vary from state to state. Any legal claim or action arising from any express or limited warranty contained herein must be brought within 12 months of the date it arises . This warranty is applicable to US specification motorcycles and scooters operated within the United States. US specification motorcycles and scooters operated outside of the United States may be covered by the BMW Motorrad international limited warranty, which may differ in coverage from the US limited warranty. All maintenance services must be performed to keep your warranty coverage valid. It is the owner’s responsibility to maintain the vehicle as indicated by the vehicle’s Condition Based Service (CBS) display and/or as outlined in the Maintenance Service Summary sectio n of this booklet. Prior to performing service or repair work under warranty, when necessary, the owner mu st present to the authorized BMW dealer proof that the periodic maintenance services were performed at the required intervals .

The repair invoices/receipts for the completion of required maintenances services should be retained for this purpose.

Notwithstanding the above, the following items are warranted against defects in material and workmanship for the first 12 months:
• Halogen headlight bulbs
• Paint, powder coat and chrome finishes
• Chrome
Notwithstanding the above, the following items are warranted against defects in material and workmanship for the first 24 months:
• Batteries
• Xenon & LED bulbs as original equipment supplied by BMW (not Code 3, see below for Code 3 LED warning light warranty) This warranty does not apply to the following, except as noted above:
a.) Maintenance Services: Maintenance services and parts when replaced during maintenance such as spark plugs, lubricants, fluids, engine tune -up parts, replacement of filters and coolant. Mechanical adjustments or repairs that bec ome necessary through normal wear and tear such as throttle body synchronization, steering bearing adjustments or other periodic maintenance oil.
b.) Failure to maintain the vehicle properly in accordance with the Owner’s Manual or the Service and Warranty Information booklet that results in the failure of any part of the vehicle. c.) Service & Wear Items: This includes, the replacement of light bulbs, brake pads, linings and rotor assemblies; clutch plates, steering head, wheel and swing arm bearings and ball joints; fuses, control cables, poly V -belt replacement, drive chains, belts, sprockets and pulleys; exhaust pipes and mufflers for discoloration of finish and rubb er items such as hand grips, foot rests, foot shift and control cable shields. d.) Batteries: Batteries that exhibit signs of neglect and/or overcharging. Batteries in remote keys/hand-held transmitters account as consumables and are, therefore, not included in the scope of the warranty.
e.) Tires: Tires and tubes are warranted by their respective manufacturer for defects in materials and workmanship. f.) Garmin Products: Garmin products manufactured by Garmin International and marketed by BMW NA through BMW Motorrad USA authorized dealers are warranted by Garmin International, for defects in material and workmanship. Please refer to the warranty information provided with these products for further details. g.) Improper fuel usage: Only use fuels advertised to have adequate detergency and low alcohol: For bikes up to and including MY 2018 - maximum 10% ethanol content; for MY 2019 & Newer – maximum 15% ethanol content. Please refer to the owner’s manual for important information on the fuel recommended for use in the vehicle. Use of fuels with insufficient detergent and/or excess alcohol can cause drivability problems tha t necessitate cleaning intake valves and fuel injection valves, and, when applicable, adjusting the engine idle. We suggest having this work performed by an authorized BMW dealer, perhaps while regular maintenance is performed. A BM W dealer can also recomm end a gasoline additive that will provide sufficient detergency. While this recommended unscheduled maintenance is not required in order to maintain the emission warranty, cleaning of intake valves or, when applicable, fuel injection valves, or adjustment of engine idle, necessitated by use of inappropriate fuel, is not covered by warranty because no defect in material or workma nship or component failure is involved.
h.) Damage: This includes, but is not limited to, damage resulting from negligence, improper treatment, extreme lack of use (100 miles or less per month on average) or improper storage, the installation and use of side cars, three wheel conversions, trailer hitches, the towing of trailers of any description, accidents or improper accident damage repairs, corrosion from road salts, battery acid, cleaning agents, environmental influences, or treatment contrary to the Rider’s Manual. i.) Non-Genuine BMW Parts: While you may elect to use non-genuine BMW parts for maintenance or repair services, BMW NA is not obligated to pay for repairs of the non-genuine BMW parts or for repairs of any damage resulting from the use of non -genuine parts. BMW NA will not accept any liabilit y under this warranty for repair of, or damage caused by, any parts and accessories not approved by BMW.
j.) Damage to a component or assembly due to the installation of replacement parts with specifications that differ in any material respect from Original BMW Parts. k.) Towing: Limited towing assistance is available through the BMW Motorcycle Roadside Assistance Plan. l.) Code 3 Emergency Products: BMW NA has arranged with Code 3 Public Safety Equipment, Inc. (“Code 3”) to allow authorized BMW motorcycle retailers to process valid Code 3 claims for warranty repair / replacement of Code 3 products under the Code 3 warranty; but only for Code 3 products supplied by BMW NA on new BMW police motors and originally distributed by BMW NA through the BMW parts system. Code 3 warranty duration is 3-years for LED light heads, 3-years for siren amplifiers and LED flasher modules and 2 -years for siren speakers. Please refer to the warranty information provided by Code 3 with these products for further details. BMW NA d oes not warrant these products. The ability to utilize the BMW NA warranty system for Code 3 claims is solely for dealer and customer convenience and maximizes customer satisfaction. B MW NA reserves the right to terminate this arrangement.
m.) Other Emergency Parts (Lighting, mounting parts, Siren Systems): These components manufactured and distributed by FMS Accessories, Whelen, Federal Signal and Unitrol are warranted by their respective manufacturer for defects in material and workmanship. Please refer to the warranty information provided with these products. Specifically, for products purchased from FMS Accessories please see the FMS policy at https://fmsaccessories.com/warranty The warranty shall be null and void if:
− The motorcycle or scooter is used in any competitive events. − The motorcycle or scooter has been declared a total loss or sold for salvage purposes. − If the Vehicle Identification Number has been altered or cannot be read. − Any non-BMW approved performance accessory or component attache d to the vehicle which alters the original engineering and/or operating specifications which results or may result in damage to other original components.
− If the odometer has been replaced or altered and the true mileage cannot be determined Page 47 of 390

© 2021 BMW Motorrad USA. All Rights Reserved. A division of BMW of North America, LLC January 2021

Notes

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1. SCOPE
REQUEST FOR QUOTATION NO. 2021-031

BMW POLICE MOTORCYCLES

GENERAL CONDITIONS
To provide eight (8) new/unused BMW Police Motorcycles, to the City of Burbank, Public Works Department/Fleet Division, in accordance with the Specifications herein.

2. QUALIFICATIONS OF BIDDER
Only Manufacturers or Contractors of established reputation, or their duly authorized dealers or agents, having proper facilities for the manufacture of the materials or equipment and for servicing same, or for proper execution of the work called for in the Specification, will be considered in making the award. All bidders must be licensed at time of Bid Submittal as Vehicle Dealers by the California Department of Motor Vehicles and be in good standing. Any record of administrative actions will be reviewed on a case-by-case basis to determine whether such action necessitates disqualification. Failure to meet this requirement will disqualify a bidder.

3. PRICING, PAYMENT AND DISCOUNTS
Pricing:

Payment:

4. DELIVERY
All bid prices shall be firm and fixed and not subject to escalation. Pricing shall remain valid for ninety days (90) from the date that bids are due.

Vendor to specify payment terms and any discounts offered for payment after receipt of completed vehicles with all equipment and manuals and inspection approval.

All orders shall be F .O.B. destination - City of Burbank, 124 S. Lake Street, Burbank, CA 91502. Contact Craig Van Item, Fleet Superintendent at 818-238-3841 to make delivery arrangements.

Vehicles, their accessories, spare parts and tools shall be packed in such a manner as to prevent pilferage and ensure safe delivery to the designated point.

Delivery is defined as the Vendor successfully transporting the vehicle purchased to the City of Burbank by Vendor's personnel or common carrier, in new and unused condition (with the exception of transit mileage on the odometer), in full conformance with specifications, with all components in working condition, with absolutely no damage from road transit and with all warranties provided.

Delivery must include all equipment; manuals and all training must be completed before the City shall grant final acceptance.
5 . . INSPECTIONS AND FINAL ACCEPTANCE
After receipt of delivery in Burbank: The City shall have three (3) City working days to fully inspect the vehicle and make final acceptance after delivery by Vendor to the City of Burbank.

Final Acceptance of the vehicle will occur upon the satisfaction of all of the following conditions:

A. Vehicle(s) delivered in new and unused condition (with the exception of odometer mileage from point of transit)
B. Vehicle(s) in full conformance to specifications
C. Vehicle(s) in full operational condition, with all components intact and accounted for. Any damage that occurs during road transit will be the responsibility of the Vendor to correct before final acceptance is made

.t.

QUOTE NO. 2021-031
DUE DATE: DECEMBER 21, 2021
PAGE 2 OF 11
D. All warranties are in effect, and documentation of warranties is provided to City E. City personnel have been trained and have received all training materials.

6. FEDERAL, STATE AND LOCAL GOVERNMENT REGULATIONS
All bidders must be licensed at time of Bid Submittal as Vehicle Dealers by the California Department of Motor Vehicles and be in good standing. Any record of administrative actions will be reviewed on a case­ by-case basis to determine whether such action necessitates disqualification. Failure to meet this requirement will disqualify a bidder.

Successful bidder shall meet all Federal, State and local government vehicle regulations. The manufacturer shall provide the following:
• Complete California Department of Motor Vehicles registration including all taxes and fees • Certificate of origin
• Verification of Vehicle Identification Number with California weight certification

7. SERVICE AND AVAILABILITY OF PARTS
The ability of the Bidder to provide service and have parts readily available to the City after delivery is a requirement. The successful bidder shall have a service facility within seventy-five (75) driving miles of the City of Burbank. The facility shall have been engaged in the repair and maintenance of related vehicles for a minimum of five (5) years.

8. FORCE MAJEURE
If execution of this contract shall be delayed or suspended and if such failure arises out of causes beyond the control of and without fault or negligence of the Vendor, the Vendor shall notify the City of Burbank, in writing, within twenty-four (24) hours, after the delay. Such causes may include but are not limited to acts of God, war, acts of a public enemy, and acts of any governmental entity in its sovereign or contractual capacity, fires, floods, epidemics, strikes and unusually severe weather. Neither party to the agreement shall be held responsible for delay or default for causes shown above which is beyond that party's reasonable control. The City of Burbank may terminate the agreement upon written notice after determining such delay or default will reasonably prevent successful performance of the agreement.

9. ORDERING METHOD
It is the intent of the City to issue one (1) purchase order with a total estimated lump sum to adequately cover the costs of items ordered for the specified period. The City reserves the right to split this contract and award to more than one vendor if it is to the City's advantage.

10. FORM OF BIDDER'S PROPOSAL AND SIGNATURES
The envelope enclosing the quotation shall be sealed and addressed to the Purchasing Manager, Administrative Services Building, 301 East Olive Avenue - Suite 305, Burbank, California 91502, or P. 0.

Box 6459, Burbank, California 91510. The envelope shall be plainly marked in the upper left-hand corner with the name and address of the bidder and bear the words, "Quotation For" followed by the name of the work and the date and hour of opening bids.

Note: Failure to use the City's form, provide a signature, or provide all requested forms, will disqualify the bidder. Providing additional quotes other than those forms provided by the City will disqualify your bid. Any clarifications of terms must be requested via the online Q&A prior to bid closing.

11. PREPARATION OF BIDDER'S PROPOSAL
QUOTE NO. 2021-031
DUE DATE: DECEMBER 21, 2021
PAGE 3 OF 11
A. All blank spaces in the quotation shall be properly completed. The text of the quotation must not be changed, and no additions shall be made to the terms contained therein.

B. A Bidder may withdraw a quotation, without prejudice, before the hour fixed for opening of bids, by submitting a written request to the Purchasing Manager for its withdrawal. In such event, the quotation will be returned to the Bidder unopened. No quotation may be withdrawn after the hour fixed for opening bids without approval of the City.

C. The Bidder shall state in figures the unit prices. If the unit prices and the extended total amount stated by the Bidder for any items are not in agreement, then the unit price alone will be considered as representing the Bidder's intention, and the base bid will be corrected to conform thereto.

D. When more than one item appears in the Bidder's Quotation Sheet, Bidders may quote on any one or more item. The bidder must state "NO BID" on items not offering in the quotation. The City reserves the right to accept a bid on each separate item or on any of them offered in any quotation received, except when otherwise provided by specific limitation by the City.

E. To submit an alternate quotation, the vendor must first submit a quotation as requested or the alternate may not be considered. Alternate bids must have a detailed description under the line item comments.

F. No quotation received after the specified deadline or at any place other than City of Burbank Purchasing's office will be considered.

All forms must be obtained electronically via the PlanetBids website. Hard copies will not be available.

If you are having technical issues downloading your bid documents, please contact PlanetBids directly at (818) 992-1771. Computers are available for public access at your local library, or any City of Burbank Public Library. For more information regarding City of Burbank Public Libraries, please visit https://burbanklibrary.org/workforce .

12. BIDDERS INTERESTED IN MORE THAN ONE BID
A person, firm or corporation shall NOT make or file, or be interested in more than one bid, for each proposal or bid request (except an alternative bid when specifically requested) provided, however, a person, firm or corporation who has submitted a sub-quotation to a prime Bidder, or who has quoted prices on materials to such prime bidder, is not thereby disqualified from submitting a sub-quotation or from quoting prices to other bidders submitting quotations.

13. FEDERAL, STATE AND LOCAL TAXES
Municipalities are exempt from Federal Excise Taxes, and prices quoted are to EXCLUDE Federal taxes.

Exemption Certificate will be furnished upon request. Unless otherwise indicated, prices will be considered to EXCLUDE State and City Sales or Use Tax, which is payable by the City.

14. TAX DOCUMENTATION
The successful Bidder shall submit the following tax documentation, prior to a Purchase Order being issued:

A. City of Burbank Payee Registration Form
The Internal Revenue Code requires us to issue Form 1099 for certain payments made to Payees other than Corporations. Each failure to furnish a TAXPAYER IDENTIFICATION NUMBER COULD RESULT IN A PENAL TY BEING ASSESSED by the I.RS. In addition, we will be required to withhold 20 percent from payments subject to 1099 Reporting, if you fail to furnish us your IDENTIFICATION NUMBER.

15. ELECTRONIC FUNDS TRANSFER
The City is requiring all vendors of goods and services to use Electronic Funds Transfer (EFT) as a primary payment method. The successful bidder will be provided with set up instructions for EFT payments.

16. INTERPRETATION OF DOCUMENTS
QUOTE NO. 2021-031
DUE DATE: DECEMBER 21, 2021
PAGE 4 OF 11
If a prospective Bidder is in doubt as to the true meaning or intent of any part of the RFQ/RFP documents including the Specifications, or discovers discrepancies in, or omissions from the Technical Specifications , he may submit to the Purchasing Manager an electronic request for an interpretation or a correction thereof via the Q & A of the Planet Bids Website . Interpretations or corrections of the RFQ/RFP, including the Specifications and Drawings, shall be made only by addendum duly issued by the Purchasing Manager , and a copy of such addendum will be via Planet Bids. Such addendum shall be considered a part of, and incorporated in, the RFQ/RFP.

17. QUESTIONS
All QUESTIONS concerning this Quote may be submitted via the PlanetBids Q&A, electronically , no later than December 9, 2021 by 4:00 P.M.

18. RESERVATIONS
The City reserves the right to reject any and all bids, or any item or items of the bid, and to waive any informalities or technical defects as the interests of the City may require .

19. CHARTER CITY STATUS
Except as provided for in this Code or pursuant to agreement approved by the City Council , the City of Burbank, as a Charter City, is exempt from the provisions of the California Public Contract Code.

20. PERSONAL LIABILITY
No member of the City Council or other officer, employee, or agent of the City, or their consultants shall be personally responsible for any liability arising under or by virtue of the Contract.

21. EXTENSION OF CONTRACT TO OTHER LOCAL PUBLIC AGENCIES The prices, terms and conditions of this bid may be extended to other governmental agencies at the mutual agreement of both the agency and the bidding contractor. All requirements of the specifications, purchase orders, invoices and payments with other agencies would be handled directly with the successful Bidder .

The City of Burbank does not warrant any additional use of the contract by such agencies. The Bidder's response as requested on the Bidder's Proposal will in no way affect the City of Burbank's consideration of this bid. Exception to this must be clearly noted on the Bidder's Proposal.

22. LOWEST RESPONSIBLE BIDDER
In selecting the lowest responsible Bidder, consideration will be given not only to the price but also those matters contained in Burbank Municipal Code 2-2-114. To receive favorable consideration, a Bidder may be required to present evidence that the Bidder has successfully performed similar work of comparable magnitude and complexity , or submit other evidence satisfactory to the City that the Bidder is competent to manage the proposed undertaking and to carry it forward to a successful conclusion. A showing of adequate financial resources may be required, but, unless otherwise stated, it will not be used as the only factor to determine whether a Bidder is able to undertake the proposed work. (https://www .codepub lishinq.com/CA/Bu rbank/?Burbank02/Burbank0202. html#2-2-114 )

23. PROTEST PROCEDURE (Burbank Municipal Code 2-2-113)

1. Three (3) City working days prior to making an award, the City will issue an Intent to Award Letter to each Responsive Bidder. Any Responsive Bidder receiving said letter may protest the award. A written protest must be received by the Purchasing Manager within 3 working days of the notification date of the intent to award letter noting the specific reasons for the protest and all relevant documentation.

QUOTE NO. 2021-031
DUE DATE: DECEMBER 21, 2021
PAGE 5 OF 11

2. The Purchasing Manager shall review the protest and provide the protesting bidder with a written decision regarding the protest within three (3) working days from the receipt of the written protest.

3. Any appeal of the Purchasing Manager's decision may be made to the City Manager within three (3) City working .days of the date of the final decision. The City Manager's decision shall be binding and final.

4. In circumstances of urgent need and when it is in the best interest of the City to do so, the City Manager may dispense with the protest procedure provided for in this section and make the award.

5. The procedure and time limits set forth in this section are mandatory and are the bidder's sole and exclusive remedy in the event of bid protest. The bidder's failure to comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

24. COMPLIANCE WITH LAWS
The successful bidder shall perform all of its obligations under these Contract Documents in accordance with all applicable federal, state and local laws, rules, regulations and orders. This obligation includes, but is not limited to, compliance with any applicable workplace safety requirements issued in connection with COVID- 19, and any updates thereto.

For Federally funded purchases, disbarment in the SAM {System for Award Management) list will be grounds for immediate rescission of City's contractual obligation.

25. CANCELLATION OF THE AGREEMNT
The City of Burbank may cancel this agreement with cause at any time with ten ( 10) days written notice to the Vendor. Cancellation for cause shall be at the discretion of the City of Burbank and shall be, but is not limited to, failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this contract. The Vendor may not cancel this contract without prior written consent of the Purchasing Manager.

26. CHANGES IN THE WORK
The City of Burbank may, at any time work is in progress, by written order and without notice to the sureties, make alterations in the terms of work as shown in the specifications, require the performance of extra work, decrease the quantity of work, or make such other changes as the City of Burbank may find necessary or desirable. The bidder shall not claim forfeiture of contract by reasons of such changes by the City of Burbank.

27. INVOICES
It is understood that partial invoicing is acceptable; however, all invoices shall contain a complete breakdown of all material furnished per location of work. All invoices shall be Net 30 unless otherwise specified on the Bidder's proposal. The earliest the City can pay an invoice is Net 20 days.

All payments made to California Non-Residents (not qualified with the Secretary of State) for services provided in the State of California are subject to a 7% withholding which will be paid directly to the State of California. For more information see California Federal Tax Board (FTB) Publication 1017.

28. INDEMNITY
The 'City, its officers, employees and/or agents shall not be answerable or accountable in any manner for any loss or damage that may occur to the work or any part thereof, or for any of the materials or other things used or employed in performing the work or for injury or damage to any person or persons, either workmen, employees of the Vendor or its Subcontractors or the public, or for damage to adjoining or other

QUOTE NO. 2021-031
DUE DATE: DECEMBER 21, 2021
PAGE 6 OF 11
property, from any cause whatsoever arising out of, or in connection with, the performance of the work.

The Vendor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of, or in connection with, the performance of the work, except for sole negligence or willful misconduct of city, or of its employees and agents. The Vendor will defend the City, its officers, employees and agents against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with the work, operation or activities of the Vendor, its agents, employees, Subcontractors, or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents, or employees (but excluding such actions, claims, damages to persons or property, penalties, obligations, or liability arising from the sole negligence or willful misconduct of the City, its Council, employees and agents, and in connection therewith:

29. A. The Vendor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith.

B. The Vendor will promptly pay any judgment rendered against the Vendor or the City, its officers, employees and agents covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations, or activities of the Vendor hereunder; and the Vendor agrees to save and hold the City, its officers, employees and agents harmless therefrom.

A.

In the event the City is made a part of any action or proceeding filed or prosecuted against the Vendor for such damages or other claims arising out of or in connection with the work, operation or activities of the Vendor hereunder, the Vendor agrees to pay to the City any and all costs and expenses incurred by the City in such action or proceeding together with the reasonable attorneys' fees.

MISCELLANEOUS
Severability. If any part, term, or provision of the Contract Documents shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over the Contract Documents, the validity of the remaining portions or provisions shall not be affected by such holding.

B. Governing Law. The terms of the Contract Documents shall be interpreted according to the laws of the State of California. Should litigation occur, the venue shall be in the Superior Court of Los Angeles County.

C. Equipment
All equipment and/or material referred to in this quotation shall in all respects be in full compliance with all CAL/ OSHA Safety and Health Orders.

D. Identification
All correspondence, drawings, shipping papers, documents and invoices pertaining to equipment described in the Specification shall be plainly marked with the number of the Specification or Purchase Order Number. All bundles, boxes, crates, containers, and pieces of equipment shipped under the Specification shall be plainly labeled with said number.

E. Reservations
The City reserves the right to reject any and all bids, or any item or items of the bid, anq to waive any informalities or technical defects as the interests of the City may require.

F. Personal Liability
QUOTE NO. 2021-031
DUE DATE: DECEMBER 21, 2021
PAGE 7 OF 11
No member of the City Council or other officer, employee, or agent of the City, or their consultants shall be personally responsible for any liability arising under or by virtue of the Contract.

G. Charter City Status
Except as provided for in the Burbank Municipal Code or pursuant to agreement approved by the City Council, the City of Burbank, as a Charter City, is exempt from the provisions of the California Public Contract Code.

H. Full Agreement
This Request for Quotation, when returned to the City as an offer for material and/or services will constitute the full agreement between the City and Vendor if a purchase order is awarded. Any changes to the documents for proposal must be made at the time the bid is submitted. Any changes and/or amendments to this agreement presented after the successful vendor receives a purchase order will not be accepted. Unless the City includes-a stipulation for a separate agreement to be executed, the City will not execute any other agreement or contract in conjunction with this quotation request.

ITEM
NO.
1A.
1B.
1C.
1D.

REQUEST FOR QUOTATION NO. 2021-031

BMW POLICE MOTORCYCLES

BIDDER'S PROPOSAL SHEET
UNIT

DESCRIPTION QTY UOM PRICE
BMW R1250 RT-P Police Motorcycles 8 EA $21691~ Per Specification 1 P61-21 /22 BMW Technician TraininQ Lot
Delivery Charqe 8 EA $ C) .t'>c?
Tire Fee (if aoolicable) 8 EA $ 28,c>C

EXTENDED PRICE
$ 2Z/I )°l2a(i)
$ C> :!;..{iZ
$ ·72~
Subtotal $ Z2 ) ,& 7CJ,.CJC}
Sales Tax 10.25% $ ?2, -7 /$, J 9.

Total $ ~~4 - ~ ~:? . /9

1. Supplier Contact for questions regarding this bid.

Name: D°"-v tJ l:) ft__z__ Title: &J1e1 '??1/ .. ~Y765e' ~ Phone: Cpf/ ) 53 Z-37{Qj) Email: Jc;.ny [)cQ 1' t- Vc.i<?h--Vc:L£,n,?il), c_t:)/4-1

2. Cash discount terms of cJ? % N,/}J: days/prox for prompt payment, in addition to the above discounts, will be allowed. (Minimum of 20 days required.) Standard terms are N30 after delivery and final acceptance .

3. Specify Delivery Lead Time in Calendar Days ARO N rJ/ W eYCe"-t!'/ Jr:Y()c/o.. Y?

4. Indicate if this bid will be extended to other local public agencies? YES ;L° NO - --

5. Bidder agrees that his Proposal shall remain open and not withdrawn for a period of not less than ninety (90) calendar days from the date of opening bids, or until rejected by the City, whichever period is shorter.

Exceptions must be clearly noted on this Bidder's Proposal Sheet. ____ _ ______ _ The undersigned hereby agrees to furnish the above articles, at the prices and terms stated, subject to the instructions and conditions shown on the attached General Conditions for QUOTE NO. 2021-031 - BMW POLICE MOTORCYCLES.

COMPANY NAME:

ADDRESS:

TELEPHONE NUMBER: ( 7 1£ ) 1232- 3"?1)( ) FAX NUMBER: (7/f' ) _;-3z- ~'J-763 E-MAIL ADDRESS : 12 4,V 1
1 'd (,) N V 5e6 1/f't: ,B'mt--<-1 C!3½'/f
TAXPAYER I.D. NO. qlj-- Zzt]f/)3/Z
BIDDERS SHALL EXECUTE THE APPLICABLE AFFIDAVIT ON THE FOLLOWING PAGES.

STATE OF CALIFORN IA )
: SS CORPORATION AFFIDAVIT

COUNTY OF LOS ANGELES )
______ _ _ ___ 'l"~--- ~ ,,- A~_,u"----L..[c='_,__£-"A....__·_b.....,,,,.,__._/ _0_.__-r==---- being first duly sworn, deposes and says:

That he is the <J-c711-e11121 / lllc:111 0.se r= (Title) of > e".\ v c& i n r.' ,. ..-- (Name) a corporation, which is the party making the foregoing quotation or bid; that such a bid is genuine and not collusive or sham; that said bidder has not conspired or agreed, directly or indirectly, that another person refrain from bidding, nor by such means sought to secure any advantage for itself or for any other party; that said bidder has not accepted any bid from any subcontractor or materialman through any bid depository, the Bylaws , Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities or accept from or through such depository.

STATE OF CALIFORN IA

COUNTY OF LOS ANGELES
)
:SS
)

JOINT VENTURE AFFIDAVIT
_ _______________________ ___ being first duly sworn, deposes and says:

That he is the _ ___________ _ _ _____ ______ (Title) of ---------------,---,----,- - ---,----,--,---,--- ----- (Name) one of the partners submitting the foregoing bid as a Joint Venture and that he is duly vested with the authority to make and sign the said bid and on behalf of the parties making said bid, who are . _____________ _ _ ___ . That such a bid is genuine and not collusive or sham; that said parties have not conspired or agreed, directly or indirectly, that another party refrain from bidding, nor by such means sought to secure any advantage for himself said Joint Ventures or any other party; that said bidder has not accepted any bid from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulat ions of which proh ibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depos itory.

SUBSCRIBED and SWORN to before me this .11._ day 1)~ be C , 202/ My comm ission expires:
(Seal)
S-ec fh:r::=- ~ffc._cAed
Notary Public in and for the said
County/State

'..

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of c:>044:7~ u
Subscribed and sworn to ( or affirm~e me on this ;2'
day o(l>a~.lza=. 2og1 , by ~ -4-G,, l>, Z<.Z
proved to me on the basis of satisfactory evidence to be the perso~who appeared before me.

JENNA MARIE GRAU
Notary Public • California
Orange County ~
Commission# 2356404
1 Y Comm. Expires May'3, 2025 Signature~~ J~
• ~

REQUEST FOR QUOTATION NO. 2021-031

BMW POLICE MOTORCYCLES

VENDOR'S CONTRACT RECORD
Vendor must document below all agreement awards from public agencies for similar vehicles, received in California for the last two (2) years, including bid awards not fulfilled or cancelled. If additional sheets are needed, use the same format and submit with your bid submittal. Providing Vendor's reference sheet in lieu of this form will disqualify vendor.

Name of Agency
Address
Contact Person
Type of Vehicle(s)
Contract Information
Name of Agency
Address
Contact Person
Type of Vehicle(s)
Contract Information
Name of Agency
Address
Contact Person
Type of Vehicle(s)
Contract Information
Name of Agency
Address
Contact Person
Type of Vehicle(s)
Contract Information
C/{y c>f- NCP(P\ ~7 f/f§°';S '
/Oo £ 8 r'(Jc:7h Ike-N)£-,fil4?y,::;zNII
.?m /2le11jb". Phone ?_:-=63'.3-,1F3
r&nw£1z12--6? r--P Quantity __,(iz_"""-----
Date awarded: ,/0 ~ IZ -Z../ Amount$ /5?7" ~ ~0'/25-p
Date awarded:/() U -'Z / Final Amount$ /;iq-;1§{-S, ~
n ~ - . -?ts·
~ Lc,_, . · r "A.--v
Date awarded: (2~-z. 3/-Z l
r2. ~3/ =1· Date awarded:g--? , -c.-
'
~ i"bl'Y~,- y
~:::z.:....L... ~ ~~+----- Phone :Joz~~3 -l&->Z3
- ~--'-=---' '--""'- -'--__,______._ ___ Quantity 6 __..

Date awarded: 5 - lo- Z/ Amount$ /2$!2hZ. /5
Date awarded: ~/8-2/ Final Amount$ !Z4C>62. !~
C , .. ~v 0f- Tr-11/1'/e ..

W { I ( ¼, J1-il$' Phone t/Lfq-?z'j,-G/3~
Z I F~5{)69p t: / 1 fZ /2.~'fZ.ldu antity ~ .

Date awarded: / 2-J- Z / Amount $ '£ '71 @df;J q-z:__ , I ? --j ~ • II'~/ ..Q~' ... ?iD~ Date awarded: .-:.--- c... I Final Amount •'Y:<7«.?<&q £r 1/ PAGE 11 OF 11

REQUEST FOR QUOTATION NO. 2021-031

BMW POLICE MOTORCYCLES

VENDOR'S CONTRACT RECORD
Vendor must document below all agreement awards from public agencies for similar vehicles , received in California for the last two (2) years, including bid awards not fulfilled or cancelled. If additional sheets are needed , use the same format and submit with your bid submittal. Providing Vendor's reference sheet in lieu of this form will disqualify vendor.

Name of Agency
Address
Contact Person
Type of Vehicle(s)
Contract Information
Name of Agency
Address
Contact Person
Type of Vehicle(s)
Contract Information
Name of Agency
Address
Contact Person
Type of Vehicle(s)
Contract Information
Name of Agency
Address
Contac t Person
Type of Vehicle(s)
Contract Information
c ·
PAGE 11 OF 11

REQUEST FOR QUOTATION NO. 2021-031

BMW POLICE MOTORCYCLES

VENDOR'S CONTRACT RECORD
Vendor must document below all agreement awards from public agencies for similar vehicles, received in California for the last two (2) years, including bid awards not fulfilled or cancelled. If additional sheets are needed, use the same format and submit with your bid submittal. Providing Vendor's reference sheet in lieu of this form will disqualify vendor.

Name of Agency
Address
Contact Person
Type of Vehicle(s)
Contract Information
Name of Agency
Address
Contact Person
Type of Vehicle(s)
Contract Information
Name of Agency
Address
Contact Person
Type of Vehicle(s)
Contract Information
Name of Agency
Address
Contact Person
Type of Vehicle(s)
Contract Information
c ,- b v o + s~ i1 n 0 n,C:.f p ,l5· t't;f tzo
~z@~J ~Po Aof-e/4nl2J
Y3c ~~0 Phone 71~3Z?-3?5Y
f2 /7..5l} E r ~ F Quantity_...,___ __ _
Date awarded: q ·-) k-ZOZO Amount$ 6/40;'3'(, t//)
Date awarded: qjcf:, - zo 2£) Final Amount$ ~ B&oO
+-- n · e
c-- _½ Ve:' ~ • • z.?~7
. _n, •·"'1 Phone 7/Lc,:z~h(p':./:JY
'/2-/Z(Fo £TL Quantity _ 2-=~- ­
Da;e awarded: j rZJt:zt>W Amount$ 5Z/ '5l); ·73
Date awarded: S ,.. 2'-/- Zf2ZL) Final Amount $ :iZ !'50 , ?O C. :, I ~+- b-&1 -
______ _____ Phone _____ _ _
_ __________ Quantity _____ _
Date awarded: _______ Amount$ _ _ _ _ _ _
Date awarded: Final Amount$ ----
PAGE 11 OF 11

GENERAL
QUOTE NO. 2021-031

POLICE MOTORCYCLES
DUE DECEMBER 21, 2021
PAGE 1 OF9

POLICE MOTORCYCLE
SPECIFICATION NO. 1P61 21/22
The equipment covered by these specifications shall be supplied as specified and be the manufacturer's new, unused, and latest model complete with all necessary equipment and accessories. All separate units shall be installed, connected, and delivered in good operating order.

These new motorcycles will be used to replace# 4956, 4959, 4995, 5118, 5119, 5120, 5121 and 5146.

The subject equipment shall in all respects be equipped to operate legally on California State Highways, night or day, and shall in all respects conform to State and Federal regulations that apply to the equipment herein described.

All cables, hoses, and electrical wiring shall be installed and secured in a manner to obtain maximum efficiency and to protect from damage at pinch points, friction points and rotating parts and components. Bidder's shop facilities may be subject to inspection prior to award of bid.

DESCRIPTION:

YEAR:

QUANTITY:

BMW R1250 RT-P Police Motorcycle
New and unused 2021 or current model year
Eight (8)

DATA PROVIDED
QUOTE NO. 2021-031

POLICE MOTORCYCLES
DUE DECEMBER 21 , 2021
PAGE 2 OF 9
Required data shall be filled in by bidder in the spaces provided and shall become a part of the contract if awarded. Deletions or variance from specifications shall be clearly indicated. Enter COMPLIES on data line if in compliance.

Failure to provide requested data shall result in disqualification of the vendor bid.

No attached literature will be substituted for filling in of specification.

MANUFACTURER_ ...,LE ............. m--1,_-=w-=-------- - - ------ MODEL 12. l2. 'jQ R r:? -----------' ----- - ----------- YE AR ____ Z_ C)..::;_-=.
0 Z..____,_,?-=='--------- -------
VENDOR SHALL SUBMIT DESCRIPTIVE LITERATURE FOR MODEL QUOTED.

STANDARD MOTOR FEATURES
Air/oil cooled 2-cylinder 4-valve head twin
motor.

Bore: 102.5 mm x 76 mm
Displacement: 1254 cc
Rated output: 136 bhp @ 7,550 rpm minimum .

Max. Torque: 143 Nm @ 6,250 rpm minimum.

Engine Management: Electronic intake pipe
injection/digital engine management BMS-K
with dual ignition & overrun fuel cut-off.

Length: 87.5"
Height: 55.3"
Width: Approximately 38.8"
Wheelbase: 58.5"
Castor (in normal position): 4.6"
Steering head angle: 64.2 degrees
Emission control: 3-way closed loop catalytic
converter.

Compression ratio: 12.5:1
Fuel capacity: 6.6 w/1 gal. reserve.

Fuel: 91 AKI w/adaptive control for lower
grades.

Brakes: IABS partial -integral brake system with
-f independent rear wheel brake control - dual
front rotors/ single rear rotor with Optional
Tract ion Control (ASC) .

Total GVWR: 1091 lbs.

Payload: 440 including special equipment.

QUOTE NO. 2021-031

POLICE MOTORCYCLES
DUE DECEMBER 21, 2021
PAGE 3 OF 9
I
C0m p I \·--e __ s
Cov",pltes
0 ~z_
VI l
(-'v1ily-,' n +-e:/''"' I l,U ;+h ft 'B5 - ·p f'<'.0
::f B-e 1°:.u (p i'vfph \ Y1 aAsept>t-10/t>r!Jf-!2-eo.v b,•t,fe Cor1t1 ¥ U-e~·

Wet weight: Approximately 650 lbs.

Rear whee l guidance: BMW Paralever.

Front whee l guidance: BMW Telelever.

Front suspension travel: 4.7" special front
shock strut for police application.

Clutch: 8-disc wet clutch.

Clutch actuation: Self-adjusting hydraulic.

Gearbox: Constant mesh 6-speed.

Shift: Toe shift with protective pad.

Drive: No-maintenance shaft drive/ratio 1:2.75
Alternator: 3-phase 720W w/1.8: 1 drive ratio
producing 27A at idle. 19Ah maintenance-free
linked gel batteries (2).

Wheels: Die-cast aluminum.

Front rim: 3.50 x 17 MTH2 profile.

Front tire: 120/70 ZR 17
Rear rim: 5.50 x 17 MTH2 profile.

Rear tire: 180/55 ZR 17
Rear suspension travel: 5.3" special travel­
dependent damping system for greater rider
weight capability.

STANDARD ENFORCEMENT FEATURES
New concept BMW/ Code 3 LED emergency
lighting system.

BMW/ Code 3 siren system.

Linked 19Ah auxiliary battery system w/8 fused
police-only circuits.

Auxiliary engine oil cooling fan.

QUOTE NO. 2021-031

POLICE MOTORCYCLES
DUE DECEMBER 21, 2021
PAGE4 OF 9
Co (hr fr-es

Rear emergency flasher system.

Digital speedometer w/pace speed lock display
accurate to ±2 mph.

Dual horn system.
23 liter capacity top-opening police saddlebags
with glove-friend ly latches.

Full interference suppression.

Pre-wired chassis for all emergency equipment.

Dash mounted radio & radar speakers.

Front/rear emergency flasher system.

Front and rear rust-free polished stainless steel
protection bar system.

Electrically-adjustab le windshield .

High performance run-flat radial tires meet CHP
run-flat protocol.

Optimized front suspension strut.

Front and rear 12V power accessory sockets
with waterproof DIN plug receptacle.

License plate ID lights.

Motor lights "off' switch.

Adjustable solo seat w/large-capacity locking
integrated radio box.

Adjustable solo seat 800 / 820 mm
Unit shall include all OEM standard
equipment for this model.

Three (3) sets of keys per unit shall be provided.

REQUIRED OPTIONS
Tall OEM or City approved equal windshield.

OEM short windshield shall be supplied to
City at time of delivery.

QUOTE NO. 2021-031

POLICE MOTORCYCLES
DUE DECEMBER 21, 2021
PAGE 5 OF 9
Com·:p1{e5

REQUIRED OPTIONS
Six red optix LED lights.

Six blue optix LED lights.

Take down lights.

Alley Lights.

BMW "Clearwater" Amber Driving Lights
Shall be installed in the lower mounting
position on the crash bar.

Duplex rear light bracket.

Supplementary LED brake/tail light.

Dual bracket/ PVP/ sitcom PTT.

PVP PTT bracket.

Locking side stand leg.

Wider locking stand mount.

Comfort seat heated.

Radio power plug connector.

Radio speaker pigtail.

PVP kit.

Note pad holder--Part # 65140421315
Radar bracket. Bracket shall hold Pro Laser
Three and Four Lidar gun.

Rifle Mount bracket with electric release.

Bracket shall be OEM type or city approved
equal
PR24 baton holder
QUOTE NO. 2021-031

POLICE MOTORCYCLES
DUE DECEMBER 21, 2021
PAGE6OF9
f\{o b '\:pp I /cc,.. b ie

REQUIRED OPTIONS
Heated hand grips.

Kickstand extension.

Radio harness and PVP kit to be installed.

Note pad light.

CD repair manual.

Trickle battery charger. Charger must be
capable of charging both front and rear
battery and be OEM type.

Motorcycle cover.

MANUALS
QUOTE NO. 2021-031

POLICE MOTORCYCLES
DUE DECEMBER 21, 2021
PAGE7OF9
( ., I\ \ '
dl11f?11e5

QUOTE NO. 2021-031

POLICE MOTORCYCLES
DUE DECEMBER 21, 2021
PAGE 8 OF 9
One operator's manual per motor unit purchased. One full set of all published maintenance and repair manuals, to include emissions, engine drive-ability, electrical and all related manuals; one (1) parts manual shall be supplied at time of delivery. Electronic medium such as CD-ROM will be acceptable for the parts manual.

WARRANTY
Standard factory warranty shall be provided and become effective from the date that the purchased equipment is placed in service. Minimum 39 months/ 60,000 mile warranty.

Vendor shall State Factory Warranty: .s<i:7 ll/tYO fh51/f;4 at) lh1 le ,,5 Vendor shall quote cost and length of extended warranty:

Cost /\/ Ill Length _ __,_;y-+-,1-/2--'-')f-_,_' _ _____ _ / I
The vendor and manufacturer shall grant the City of Burbank the right to have all warranty work performed by an authorized dealer in or nearest the City of Burbank.

The warranty certificate(s) and/or card(s) shall be provided at time of delivery

TRAINING
Successful bidder agrees to enroll and cover all class and related cost for two (2) City of Burbank Fleet Maintenance Technicians to become Certified BMW Motorcycle service and repair technicians. Successful bidder agrees to cover all labor costs for services and repairs until City of Burbank Fleet Technicians become BMW certified . The City of Burbank agrees to pay for all normal wear parts. NO EXCEPTIONS.

AGREE Yes ____ No ) (

LICENSE
Vendor must provide California exempt license plates to the City at time of motorcycle delivery NO EXCEPTIONS.

l

REGISTRATION
QUOTE NO. 2021-031

POLICE MOTORCYCLES
DUE DECEMBER 21, 2021
PAGE 9 OF9
Show registration as follows:

DELIVERY

CITY OF BURBANK
Purchasing Division
' 275 E. Olive Avenue
Burbank, CA 91502

CITY OF BURBANK
Public Works Field Services/Fleet
124 S. Lake Street
Burbank, CA 91502

FINANCIAL

SERVICES
December 14, 2021
REQUEST FOR QUOTATION NO.:

ADDENDUM NO. 2
2021-031
RFQ DUE DATE:

SUBJECT:

Tuesday, December 21, 2021 @ 2:00 PM
BMW Police Motorcycles
Please review the following Additions/ Deletions/ Clarifications:

Q1: The bid asks for "BMW "clearwater" amber driving lights" but clearwater is an aftermarket brand, not OEM parts. Clearwater sells 5 different kits what would install on this bike. Which kit do you want installed?
A 1: Below are the parts for that we purchased to set up our current bikes:

DARLA D52 =CLEARWATER LIGHTS W/CAN
DARLA/GLENDA SLIP = SLIP-COVER W/YELLOW LENS
Q2: The bid asks for a radar bracket that shall hold a pro laser three and four lidar gun. The 3 and 4 have different mounts so there isn't one that will hold both. You would need to pick one or the other or a mix of both.

A2: Radar bracket must hold a Pro Laser Four.

Q3: The bid asks for a "pvp Kit". There are numerous different radios/helmets/Bluetooth set ups and I would need to know more details about the specific set up you want before I could get a price on a PVP kit.

A3: PVP kit to be Wired Kit #PVSP-RT12AP-15/L.

Q4: This is more of a statement and not a question but the factory warranty is 36 months long , not 39 months, so 39 months isn't possible.

A4: Noted. Warranty shall be 36 months.

Q5: Can the PR24 Holder also incorp orate a Flashlight Holder or do you want to hold just a PR24? AS: See underlined below. Yes, it must incorporate a flashlight holder. Unit must hold a Baton and Flashlight.

Q6: Please clarify the PVP components requested as some line items may not be applicable to the BMW.

Can you provide descriptions or part numbers for "PVP Kit", "Dua l Bracket/PVP/Sitcom PTT Bracket"? A6: Please see response to Q3. The underlined brackets are not needed on the BMW bikes and can be disregarded.

Q7: Page 7 specifies; Radio Harness and PVP Kit to be installed. Will the city provide the Radio Harness ? Will the winning bidder be required to install the entire radio kit or just the Radio Harness? A7: The City will provide the Radio Harness. Successful bidder will be required to install just the Radio Harness. 301 EAST OLIVE AVENUE, STE . 30S
BURBANK, CA 91502
TEL:

FAX:
818 238 5466
818 238 5457
P.O. BOX 6459
BURBANK, CA 91510•6459
BURBANKPURCHASING @ BURBANKCA.GOV
BURBANKCA.GOV

I·•
Request for Quotation No. 2021-031
Addendum No. 2 (cont.)

The undersigned bidder acknowledges receipt of the following addendum issued for the above quotation. Failure to acknowledge receipt of addendum may disqualify the Bidder. IF YOU HAVE ALREADY SENT IN YOUR BID AND THIS ADDENDUM IS NOT ENCLOSED, PLEASE CONTACT THE PURCHASING DIVISION AT (818) 238- 5466.

Respectfully,
/ftz,w:-l(jy,z-,_,
Karen M Little
Buyer I
KL:kl
301 EAST OLIVE AVENUE, STE. 305
BURBANK, CA 91502
TEL:

FAX:
818 238 5466
818 238 5457
P.O. BOX 6459
BURBANK, CA 91510-6459
BURBANKPURCHASING @ BURBANKCA.GOV
BURBANKCA.GOV

FINANCIAL

SERVICES
December 3, 2021
REQUEST FOR QUOTATION NO.:

ADDENDUM NO. 1
2021-031
RFQ DUE DATE:

SUBJECT:

Tuesday, December 21, 2021 @ 2 :00 PM
BMW Police Motorcycles
Please review the following Additions I Deletions I Clarifications:

Q1: Is this bid for local CA business only?
A1: The vendor must be licensed to sell in California. Please see General Conditions, No. 2 Qualifications of Bidder. The dealership must be within 125 miles of the City of Burbank, City Hall located at 275 E. Olive Ave., Burbank, CA 91502.

Q2: Is Equal allowed for this bid?
A2: No "or equal" is allowed.

The undersigned bidder acknowledges receipt of the following addendum issued for the above quotation. Failure to acknowledge receipt of addendum may disqualify the Bidder. IF YOU HAVE ALREADY SENT IN YOUR BID AND THIS ADDENDUM IS NOT ENCLOSED, PLEASE CONTACT THE PURCHASING DIVISION AT (818) 238- 5466.

COMPANY NAME: -=~Z-!4:£.--,-j<==-~ &:;/.~~- ~ 4,~U:::. ~ :..,,L.:...£..L.E::.~----L?:_-_ ----r---,-- -­ SIGNED: -----,. ~:=-=~~ &..:::.:~ - - ---==::....._---------:,.

PRINT NAME: -===---....:::....~~-t+---£...1,.-=....'.....::-.!:...==--- ADDRESS:

TELEPHONE NUMBER: ( • • ) tf C::. - fl ' FAX NUMBER: (.24Y- '5°: Z- • Respectfully,
(&/,1-r-, tf 4~
Karen M Little
Buyer I
KL:kl
301 EAST OLIVE AVENUE, STE. 30S
BURBANK, CA 91502
TEL:

FAX:
818 238 5466
818 238 5457
P.O. BOX 6459
BURBANK, CA 91510-6459
BURBANKPURCHASING @ BURBANKCA .GOV
BURBANKCA.GOV

R 1250 RT-P Motor Pricing Form
<;~lo_r_ Option~
1 Night Black & Alpine White Ill 753 ~MWIJlotorrd
0 Night Black 716
0 Alpine White Ill (special order} 751
0 Black Blue (special order +60 days} 754
0 Saphir Blue (special order+ 60 days} 755
0 Violet Blue (special order +60 days) 756 Revised: April 26, 2021 0 ~lacier ~ilver Metallic (special order} N99
Quotation:
__ Cit_¥, C?f B~rbank Dec 2~21 ~ion Code Retail Price
Motorcycle,'
$20,700.00 j
0 0
0 0
0 0
0 0
0 0
1 1
1 1
Units
1 Factory Special-Order Options - Plan 90-120 Days for Delivery Adaptive Headlight (includes 219) 134 $550.00
$400.00
$450.00
$220.00
$150.00
$450.00
$565.00
Keyless Ride w/1:-No transmitters 193
Gear Shift Assist Pro 222
Ride Modes Pro (includes 18B)
Chrome Exhaust
Additional LED Headlights (driving lights)
PA Microphone
High Seat Black
Low Seat Black
224
350
562
599
610
776
$0.00
$0.00
Enhanced Smart Phone Connectivity 6NS $250.00
The Options Below denote Standard Order Deck - Removal' is only by Special Order- Option Delete Heated Seat 518 s200.oo
Tire Pressure Monitoring 530 s200.oo
Cruise Control (standard feature) 538 $0.00
w_ea\ti_er Pf"9.1ecticm _____ ~9 $.:1J15..:.Q9
Additional Items Provided by Dealer
- -
Quotation valid for 60 days
from date noted below.

Date of Quote:

AR Mount- FMSA-GL-ARM - 7160252894
AR/ Shotgun Mount Bracket- FMSA-MT-RMB - 71602452840
Notepad Holder- FMSA-MT-NPH - 71602452888
Sidestand Extension - FMSA-MT-SSE - 71602412389
PR24 / Flashlight Holder UH - 71602452389R
LED Maplight- FMSA-MT-MLLED 71602452859
Radio / Accessory/ Speaker/ Radar/ Helmet Connectors
Tall OE Windshield 77339480647
Clearwater Darla kit D52 Foglight mount
PVP Kit PVXPL-R12AP-15/XL
Pro laser 4 Holder
Total Price - Page 1
Total Price - Page 2
Total Price • Page 3
Parts From Other Suppliers - Page 4
$0.0D
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$200.00·
$200.00
$0.001
~! 85.00
$767.00
$59.00
$49.00
$36.00
$199.00
$114.00
$50.00
$330.00
$450.0D
$699.00
$299.00 . . :7
$24,337.00.:
$2,700.081
$0.00!
$0.00!
Dealer Basic Assembly f Preparation $200.00

0.00%
Motorcycle Freight $495.00
Total Retail Price per Unit with Options $27,732.06
State Sales Tax (if applicable)
Total Retail Price per Unit with Options
$0.00
$27,732.06
Note: Prices subject to change without notice. Final price is always determined by the selling authorized BMW Motorcycle dealer.

R 1250 RT-P Motor Pricing Form - Page 2
l!&e Sp~cia! _Notation Comment
Quotation for:

City of Burbank Dec 2021 BMWMutGfliild
Blue ID Light Selection (1)
0 Standard Blue Pod-Mounted ID Lights - SID 63 17 2 361 717 $0.00 $0.00 1 Round Blue License Plate ID Lights - RID 71 60 2 452 897 $0.00 $0.00 Per Emergency Warning Lights (1 O) BMWP/N Order# Retail Total Retail 5 Red LED-X Light 63 17 2 361 718 5 $108.36 $541.82
5 Blue LED-X Light 63 17 2 361 719 5 $108.36 $541.82
0 Amber LED-X Light 63 17 2 361 720 0 $108.36 $0.00
0 White LED-X Light 63 17 2 361 721 0 $117.09 $0.00
0 Green LED-X Light 63 17 2 450 782 0 $117.09 $0.00
Rear Duplex Emergency Warning Light (1)
0 Duplex LED-X Red / Red 6317 2 361 728 0 $345.88 $0.00 0 Duplex LEO-X Blue / Blue 6317 2 361 729 0 $378.25 $0.00 1 Duplex LED-X Red / Blue 6317 2 361 730 1 $362.07 $362.07 0 Duplex LED-X Blue / Amber 63 17 2 361 731 0 $362.07 $0.00 0 Duplex LED-X Green / Green 63 17 2 450 783 0 $362.07 $0.00 0 Duplex LED-X Amber/ Amber 63 17 2 450 784 0 $362.07 $0.00 Take-Down (4) Alley (2) TS (2) BT (2) Saddlebag Light (1) Red ID (1) 6 White Torus LED TDL/Alley 63 17 2 361 722 6 $76.91 $461.44 2 Auxiliary LED Tum Signals 63 17 2 361 725 2 $72.82 $145.65 2 Auxiliary LED Brak.effail Light 63 17 2 361 726 z $56.64 $113.27 1 Saddlebag LED Lights w/sensor switch 63 17 2 361 727 1 $143.61 $143.61 0 Red ID Lights (replacing blue ID lights) 63 17 2 361 724 0 $107.33 $0.00 0 Round Blue License Plate ID Light Kit 71 60 2 452 876 0 $130.59 $0.00 Dealer Installed Options I Retrofits
0 Shift Assistant Pro (hardware) 23 41 8 536 884 0 $677.54 $0.00 0 Shift Assistant Pro - Enabling Code 77 15 8 395 839 0 $40.54 $0.00 0 Ride Modes Pro - Enabling Code 77 53 8 395 840 0 $202.89 $0.00 0 Also Requires DTC Enabling Code 77 53 8 395 841 0 $52.69 $0.00 0 LED Auxiliary Headlights Nano {order 2) 63 17 8 556 937 0 $154.00 $0.00 0 Bolt 6 x 40 (order 2) 63 12 7 699 141 0 $5.35 $0.00
0 M6 Hex Nut (order 2) 0712 9 905 826 0 $3.08 $0.00
Requires Activation by Dealer - No Code Needed
Convenience Options
1 Extra Ignition Key - No Keyless Ride 51 25 8 540 950 1 $92.08 $92.08 0 Extra Ignition Key - Keyless Fob Transmitter 6612 8 555168 0 $322.24 $0.00 0 Heated Seat - Low 52 53 8 544 786 0 $529.58 $0.00
0 Heated Seat - High 52 53 8 544 792 0 $529.58 $0.00
0 Tire Pressure Gauge 82 12 0 140 377 0 $32.12 $0.00
BMW Motorrad Battery Charger (2.5 Ah) 77 02 2 470 951 $161.41 $161.41 0 DVD Repair Manuals R Models K5x 01 59 8 405 651 0 $91.55 $0.00 Motorcycle Full Cover 71 60 2 450 408 $136.88 $136.88
Note: Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations.

Final price is always determined by the selling authorized BMW Motorcycle dealer.

R 1250 RT-P Motor Pricing Form - Page 3
Quotation for:

City of Burbank Dec 2021
Additional Accessories
Qty Item Description Page3
Per Additional Accessories BMWP/N Order# Retail
Storage Options
0 Saddlebag Liners (each) 71 60 7 704 109 0 $123.46
0 Tank Top Bag 77 45 8 543 227 0 $232.94
Engine Protection
0 Rocker Cover Protection 7714 8 406 187 0 $232.94
0 Sump/ Engine Protection Guard (order 1) 11 84 8 532 939 0 $124.39 0 Fillister Head Screws M6 x 20 (order 5) 07 12 9 908 076 0 $3.16 0 Grommet (order 5) 13 53 1 341 283 0 $2.58
0 Bushing (order 5) 11 84 8 544 832 0 $5.06
0 Bracket front (order 1) 11848 532 937 0 $56.01
0 Bracket Rear (order 1) 11848 532 940 0 $67.34
0 C-Clip Nut M6 (have been included w/brackets) 07 14 7 693 887 0 $2.58 0 Fillister Head Screws M8 x 25 (order 5) 0712 9 907 382 0 $1.58 Note: Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations.

Final price is always determined by the selling authorized BMW Motorcycle dealer.

BMW MotoHad
Total Retail
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

CITY OF BURBANK

PURCHASING DIVISION
301 EAST OLIVE AVENUE P.O.BOX 6459
BURBANK, CALIFORNIA 91510-6459
(818) 238-5466
14-JAN-2022
STANDARD PURCHASE ORDER NO:
165971 REV 0

THE ABOVE NUMBER MUST APPEAR ON ALL

INVOICES, SHIPPING PAPERS, PACKAGES, AND

CORRESPONDENCE
PLEASE DELIVER TO:

PUBLIC WORKS DEPT

EQUIPMENT MAINTENANCE
124 SOUTH LAKE ST
BURBANK, CA 91502
TERMS:

F.O.B:

Delivery
PAYMENT: Net 30
VENDOR NAME AND ADDRESS:

SEAVCO
607 W KATELLA AVE
ORANGE, CA 92867
MAIL INVOICE IN DUPLICATE TO:

PUBLIC WORKS DEPT

EQUIPMENT MAINTENANCE
124 SOUTH LAKE ST
Burbank, CA 91502

CITY OF BURBANK, CALIFORNIA

PURCHASING MANAGER

REQ NO: 55156 REQUESTED BY: CRAIG VAN ITEM VENDOR NO: 100383 PHONE NO: (714) 532-3700

ITEM DESCRIPTION QTY UOM UNIT PRICE TOTAL AMOUNT

TO FURNISH AND DELIVER EIGHT (8) NEW AND UNUSED BMW R1250 RT-P POLICE MOTORCYCLES FOR THE CITY OF BURBANK, PUBLIC WORKS DEPARMENT IN CONFORMANCE WITH REQUEST FOR QUOTATION NO. 2021-031.

DELIVERY: 180 CONSECUTIVE CALENDAR DAYS ARO
1 EIGHT (8) NEW/ UNUSED CURRENT MODEL YEAR
BMW RT-P 1250 POLICE MOTORCYCLES -
REPLACING UNITS 4956, 4959, 4995, 5118, 5119,
5120, 5121, AND 5146
8 Each 27,699.000 221,592.00

2 10.25% CA SALES TAX Dollar 22,713.18
3 TIRE FEE (8 $ $28) Dollar 224.00
CITY OF BURBANK PURCHASE ORDER NUMBER AND REQUESTOR NAME MUST APPEAR ON ALL INVOICES.

REFER QUESTIONS TO (818) 238-5466 BUYER NAME: KAREN LITTLE VENDOR CONTACT: DAVID DIAZ
TOTAL 244,529.18

I I

I I I I
I I
I I

NOTICE: THIS PAGE LEFT BLANK INTENTIONALLY

February 15, 2022
City of Garden Grove

IRV SEAVER MOTORCYCLES
607 West Katella Avenue
Orange, California 92867-4607
Phone: 714-532-3700
Fax: 714-532-5763
www.irvseaverbmw.com
Quote for 2022 BMW R1250RT-P "Piggy Back" on City of Burbank PO #165971 per attached build sheet
Quote valid for 180 days from February 15, 2022
BMW Factory Warranty; 36 months or 60,000 miles
Delivery; Within 180 days of Purchase Order issuance
Terms; Net 30 days from delivery date of unit
Other agencies may participate in this bid
Garden Grove price with City of Burbank Piggy Back
Burbank Unit Price
Garden Grove Build Items
Dealer Basic Assembly/ Preparation
Motorcycle Freight
Ca Tire Fee
Subtotal
Tax (8.75% )
Total Unit Cost
Devin Strange
Sales Manager
$20,700.00
5,725.07
200.00
495.00

3.50 (Non Taxable )
$27,120.07
2,373.01
$29,496.58 for City of Garden Grove

R 1250 RT-P Motor Pricing Form
Color ~~
1 Night Black & Alpine White Ill 753 BMWMot«,ad
0 Night Black 716
0 Alpine White Ill (special order) 751
0 Black Blue (special order +60 days) 754
0 Saphir Blue (special order+ 60 days) 755
0 Violet Blue (special order +60 days) 756 Revised: April 26, 2021 0 Glacier Silver Metallic (special order) N99
Quotation: Motorcy(:le 1
Garden Grove/ Burbank 2022 ____ O.,.~_1o_n_c_o_de ______ R_e_1a_1_1 P_r~i(:_e ______ _,,$20,100_,o~.I Factory Special-Order Options - Plan 90-120 Days for Delivery O Adaptive Headlight (includes 219) 134 $550.00
$400.00
$450.00
0 Keyless Ride w/two transmitters 193
1 Gear Shift Assist Pro 222
1 Ride Modes Pro (includes 18B) 224 $220.00
O Chrome Exhaust 350 $150.00
1 Additional LED Headlights (driving lights) 562 $450.00 O PA Microphone 599 $565.00
0 High Seat Black 610 $0.00
O Low Seat Black 776 $0.00
O Enhanced Smart Phone Connectivity .... ... 6NS __ . . . . . _$250.00 __ .. _ . ..

The Options Below denote Standard Order Deck - Removal Is only by Special Order - Option Delete Heated Seat 518 $200.00
1 Tire Pressure Monitoring 530 $200.00
1 Cruise Control (standard feature) 538 $0.00
1 WE:1ather Prot~~t LQO _____ ~9 $1~~~Q_
Units
1 Additional Items Provided by Dealer
- -
Quotation valid for 60 days
from date noted below.

Date of Quote:

AR Mount - FMSA-GL-ARM - 7160252894
AR/ Shotgun Mount Bracket- FMSA-MT-RMB - 71602452840
Notepad Holder - FMSA-MT-NPH - 71602452888
Sidestand Extension - FMSA-MT-SSE - 71602412389
PR24 / Flashlight Holder L/H - 71602452389R
LED Maplight - FMSA-MT-MLLED 71602452859
Radio/ Accessory/ Speaker/ Radar I Helmet Connectors
Radar/ Lid at Adaptor Plate - FMSA-MT-LGAP-T - 71602407797 Stalker X Series Lidar Holster
Total Price - Page 1
Total Price - Paga 2
Total Pri(:e - Page 3
Parts From Other Suppliers - Page 4

0.00%
Dealer Basic Assembly/ Preparation
Motorcycle Freight
Total Retail Price per Unit with Options
State Sales Tax (if applicable)
$0.00
$0.00
$450.00
$220.00
$0.00
$450.00
$0.00
$0.00
$0.00
$0.00
$200.00"I
$200.00i
$0.00
$185.0Q'.
$767.00
$59.00
$49.00
$36.00
$199.00
$114.00
$50.00
$25.00 ,
$250.00
$0.00
$0.00
$23,954 .00 i
$2,471.09'1
$0.00J
so.00·1
$200.00
$495.00
$27,120.09
$0.00
Total Retail Price per Unit with Option5 $27,120.09
Note: Prices subject to change without notice. Final price is always determined by the selling authorized BMW Motorcycle dealer.

R 1250 RT-P Motor Pricing Form - Page 2
See Special Notation Comment
Quotation for:

Garden Grove / Burbank 2022 BMW'Miotor .. ad
Blue ID Light Selection (1)
0 Standard Blue Pod-Mounted ID Lights - SID 6317 2 361 717 $0.00 $0.00 1 Round Blue License Plate ID Lights - RID 71 60 2 452 897 $0.00 $0.00 Per Emergency Warning Lights (1 O) BMWP/N Order# Retail Total Retail 5 Red LED-X Light 63 17 2 361 718 5 $108.36 $541.82
5 Blue LED-X Light 63 17 2 361 719 5 $108.36 $541.82
0 Amber LED-X Light 63 17 2 361 720 0 $108.36 $0.00
0 White LED-X Light 63 17 2 361 721 0 $117.09 $0.00
0 Green LED-X Light 63 17 2 450 782 0 $117.09 $0.00
Rear Duplex Emergency Warning Light (1)
0 Duplex LED-X Red / Red 63 17 2 361 728 0 $345.88 $0.00 0 Duplex LED-X Blue / Blue 63 17 2 361 729 0 $378.25 $0.00 1 Duplex LED-X Red / Blue 63 17 2 361 730 1 $362.07 $362.07 0 Duplex LED-X Blue / Amber 63 17 2 361 731 0 $362.07 $0.00 0 Duplex LED-X Green / Green 63 17 2 450 783 0 $362.07 $0,00 0 Duplex LED-X Amber/ Amber 63 17 2 450 784 0 $362.07 $0.00 Take-Down (4) Alley (2) TS (2) BT (2) Saddlebag Light (1) Red ID (1) 6 White Torus LED TDL/Alley 6317 2 361 722 6 $76.91 $461.44 2 Auxiliary LED Tum Signals 63 17 2 361 725 2 $72.82 $145.65 2 Auxiliary LED Brake/Tail Light 63 17 2 361 726 2 $56.64 $113.27 1 Saddlebag LED Lights w/sensor switch 63 17 2 361 727 1 $143.61 $143.61 0 Red ID Lights (replacing blue ID lights) 63 17 2 361 724 0 $107.33 $0.00 0 Round Blue License Plate ID Light Kit 71 60 2 452 876 0 $130.59 $0.00 Dealer Installed Options/ Retrofits
0 Shift Assistant Pro {hardware) 23 41 8 536 884 0 $677.54 $0.00 0 Shift Assistant Pro - Enabling Code 77 15 8 395 839 0 $40.54 $0.00 0 Ride Modes Pro - Enabling Code 77 53 8 395 840 0 $202.89 $0.00 0 Also Requires OTC Enabling Code 77 53 8 395 841 0 $52.69 $0.00 0 LED Auxiliary Headlights Nano (order 2) 6317 8 556 937 0 $154.00 $0.00 0 Bolt 6 x 40 (order 2) 63 12 7 699 141 0 $5.35 $0.00
0 M6 Hex Nut (order 2} 07 12 9 905 826 0 $3.08 $0.00
Requires Activation by Dealer - No Code Needed
Convenience Options
0 Extra Ignition Key - No Keyless Ride 51 25 8 540 950 0 $92.08 $0.00 0 Extra Ignition Key- Keyless Fob Transmitter 6612 8 555168 0 $322.24 $0.00 0 Heated Seat - Low 52 53 8 544 786 0 $529.58 $0.00
0 Heated Seat - High 52 53 8 544 792 0 $529.58 $0.00
0 Tire Pressure Gauge 82 12 0 140 377 0 $32.12 $0.00
1 BMW Motorrad Battery Charger {2.5 Ah) 77 02 2 470 951 1 $161.41 $161.41 0 DVD Repair Manuals R Models K5x 01 59 8 405 651 0 $91.55 $0.00 0 Motorcycle Full Cover 71 60 2 450 408 0 $136.88 $0.00 Note: Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations.

Final price is always determined by the selling authorized BMW Motorcycle dealer.

R 1250 RT-P Motor Pricing Form - Page 3
Quotation for:

Garden Grove / Burbank 2022
Additional Accessories
Qty Item Description Page 3
Per Additional Accessories BMWP/N Order# Retail
Storage Options
0 Saddlebag Liners (each) 71 60 7 704 109 0 $123.46
0 Tank Top Bag 77 45 8 543 227 0 $232.94
Engine Protection
0 Rocker Cover Protection 77148406187 0 $232.94
0 Sump/ Engine Protection Guard (order 1) 11 84 8 532 939 0 $124.39 0 Fillister Head Screws M6 x 20 (order 5) 0712 9 908 076 0 $3.16 0 Grommet (order 5) 13 53 1 341 283 0 $2.58
0 Bushing (order 5} 11848 544832 0 $5.06
0 Bracket front (order 1) 11 84 8 532 937 0 $56.01
0 Bracket Rear ( order 1) 11 84 8 532 940 0 $67.34
0 C-Clip Nut MS {have been included w/brackets) 07 14 7 693 887 0 $2.58 0 Fillister Head Screws M8 x 25 (order 5) 07 12 9 907 382 0 $1.58 Note: Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations.

Final price is always determined by the selling authorized BMW Motorcycle dealer.

Total Retail
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Agenda Item - 3.j.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: Anand Rao
Dept.: City Manager Dept.: Information Technology
Subject: Authorize an increase to the
purchase order with MRC,
formerly known as SoCal
Office Technologies, a Xerox
Company for 27 Xerox
multifunction copy machines.
(Cost: $120,000) ( Action
Item)
Date: 3/22/2022

OBJECTIVE
To secure City Council authorization to increase a purchase order with MRC, formerly known as SoCal Office Technologies, a Xerox Company, for an additional $120,000 for 12-months for 27 multifunction copy machines with accompanying service and maintenance contract.

BACKGROUND
The City is currently operating under a 60-month lease and maintenance contract for 27 multifunction copy machines for a total of $644,869.55 that the City Council approved on May 23, 2017. The yearly cost is approximately $120,000 which includes the lease payment, maintenance, supplies and support. The lease and maintenance contract will expire on June 1, 2022. If the City does not give a nonrenewal notice to terminate the contract, the City will then enter into a new lease agreement with a 3-month term identical to the current contract. The 3-month term continues to renew until the City gives a 30-day notice of nonrenewal to terminate the contract.

DISCUSSION
The Information Technology department is planning to release a request for proposals for new machines as a result of the expiration of the current contract. Due to the construction of City Hall and the limited accessibility to remove and install new equipment, the City would like to extend the current contract for 3-month periods, up to a 12-month maximum, until construction is completed and a request for proposals

can be issued with an exact contract start date and timeline for installation.

Construction of City Hall should be completed around October 2022.

FINANCIAL IMPACT
The total cost for this contract will be up to $120,000 and the funds are normal operating expenses adopted as part of the Information Technology annual budget.

RECOMMENDATION
It is recommended that the City Council:

Authorize the Finance Director to increase a purchase order with MRC, formerly known as SoCal Office Technologies, a Xerox company, for no more than $120,000 for 12-months for 27 multifunction copy machines with accompanying service and maintenance contract.

By: Katrena Schulze, Senior Administrative Analyst
ATTACHMENTS:

Description Upload Date Type File Name
SoCal Office
Technologies Lease
and Maintenance
Contract
3/9/2022 Agreement Lease_and_Maintenance_Contract_for_27_multi- function_copiers_5-23-2017.pdf

•

AGREEMENT BIBLIOGRAPHY
Agreement With: So Cal Office Technologies
Agreement Type: Lease and maintenance contract for
27 multi-function copiers
Date Approved: 05 23 2017
Start Date: 06 01 2017
End Date: 05 31 2022
Contract Amount: $644,869.-55
Comments File No. 55
Information Technology
Insurance Expiration: 01 01 2018
Date Archived: ARCHIVED 07/14/2017

Xerox Financial Services Ll.C
45 Glover Avenue
Norwalk, CT 06B56
Cost Per Copy Agreement
Lease Agreement#
Full tea,,I Name

CITY OF GARDEN GROVE
Bfllin1 Addnt.53
11222 ACACIA PARKWAY
Ph0ne
13 W7855 with Office Finisher (1 Hi Cap Feeder)
8 W7970 with Business Ready Finisher & 3 Hole Puncn
3 WCS 875 with Office Fin I sher
Equipment l.oaijon (~ dill,,rent from Blllltlg J,ddre») OBA
City

GARDEN GROVE
ZIP Code
92840
~s,ee PO# (Optional!
Versanl 80 wilt Prod Booklet Maker & 2/3 Hole Punch, 2 Tray Oversized HCF D125 will\ Plockmatlc: 35 Booklet Maker and. 2-Tray Oversized HCF D 11 D wi1h Staple Fin is her & 2/3 Hole Punch
TERM /\1\D P/\YMENT IMAGE TYPE IMAGES INCLUDED EXCESS CHARGE •I••,', ~ -EXCESS CHARGE B&W 0 .005 for office models .0085 for Versant 80 .0035 lor D110 & D125 lnltlal Lease Term (ln months}: 60 Color 0 .049 for office models .049 for Versanl 80 NIA Monthly Lease Payment: S 5,319. 72
Everyday Color n/a n/a N/A N/A
plus applicable charges & taxes Co I or Level 2 n/a n/a N/A N/A Color Level 3 n/a n/a N/A N/A

LESSEE ACCEPTANCE
BY YOUR SIGNATURE BELOW, YOU ACJ<NOWLEDGE THAT YOU ARE ENTERING INTO A NON--CANCEUABt£ LEASE AND THAT YOU HAVE READ ANO AGREED TO AU APPLICABLE TERMS ANO CONDI ONS SET FORTH ON P ES 1 AND 2 OF THIS LEASE.

1. Definition&. The ~rds 'you" and ;'yllur" mei!O the legal entity identified in '1JlSSee lntormatiCn' aoo,e, and "XFS." "we,' 'us' "Lessor" ood 'our" me6115 Xero~ Finmal SeNioes LLC, 'Party" means you or XFS, and "Parties' means both you and XFS. 'Dealer" means the enlily identified in "Dealer Na-ne· abo,e. "Discount Rate· means a rate equal 10 1he t-year Treasury Constant Millllmy rate as pul;jished in 1'1e SeleGted lnteres! Rates table of the Federal Reserve stalislical ralease H.15(519) or successor publication for the week ending immedilllely prior 10 Illa Inception Date. 'Equipment" mei!Os the items identified in "Equipmenr i!bove arid in any attached Equipment sclllH!ula, plus any Sof1wara (as defmed in Section 3 hereof), attachments. accessories, raplaceme!1ts, replacement pans, wbsliMions, addmons and rapairs therato. 'Excess Cha'lles' means the applicable excess copies and/or p~nts charges. ·Incepllon Date" means (a) Ule dale Dealer determines Equipment Installed by Dealer Is operating salisfactoril)' and iS available for your use, or (b) 11\e date Equipment identified by Dealer as being installable tl)' you Is delivered 10 your premises. 'Lease" memis 1his Cost Per Copy Agreefllli!IL lnciuding ilflY attaclled Eq ulpment S(:he(lule. 'Lease Paymenr means tne Mofllhly Lease Payment specified above, which inciudes the filed compenent Of mainten= Cllarges payable tJ Dealer under !he Maintenanoe Agreemeot, the ~ Ch;,rges (unless olheiwiSe agree<! by you, Dealer and XFS), and olher cliarges you. Dealer and XFS agree wiD be invoiced by XFS on a rroo1hly basis, plus Taus. 'Maintenance Agraemenr meills a sep.rale agreement between you and Dealer for mainreT\ilnce ~pport pu!pOSeS. 'Origination Fee' mean~ e e"e time lee el $l 25 blled on your first invo·IOO which you ag11e IC pay, CO'l&ring !he o~lnalion, documenlalion, processing and certain other initial costs for the Lease. "Tern,• means lhe Initial Lease Term plus any subsequent renewal or eidension terms. ·ucc· means lhe Uniform Commen:lal Code of lhe Stale of Connecticut (C.G.S .A. §§42a-1-101 et seq.).

2. Lease, Payments and Late Pa~ents. You agree and reprasent all Eq\Jipment was salected, ccnf111ured and negotiated by )'Ou based uJ)Ofl )'Our own judgment and has been, or is being, supplied by Dealer. At your TeQuesl, XFS has acquinld, or will ac,wire, the same lo lease to you under this l.J!ase and you agrae ID lease lhe same from XFS. The Initial Lease Temi, which is ind~ted abo,e, oommences on !he Inception Date. You aQrae to pay XFS the first Lease P;iyment 30 days after the Inception Date; eaw subsequent Lease Paymenl wh"K:h may include cha11111s you. Dealer and XFS agree wil be invoiced by us, shall be payable on lhe same date of eac:11 month lteraafter, whether or oot XFS invoices you. If any payment is net paid In full within 5 day& after It& due data, you will pay a late c.harge of the grvaler of 10% of the amount due ar $25, nlll to axceed the muimum amount permltlad by law. Fer each dishonollld or relumed paymenl Y<lU will be assessed lhe appDcabla returned Item (ee, which shaD not exceed S35. Resbic1ive covenants on any me111od of J)B)'ment wil be lneffect/11&.

3. Equipment and Software. To the extent that the EquiJ111ent incllldas ln1angible p10p8r1y or associated ser,ices such BS software licenses, such 111Bnglble property shall be referred 10 BS "Sotlware.• Ycu acl<now'redge and agrr,e that that XFS has no right. HIie or interest in Ille Software aM you wll comply throughout the Lease Term wl1ll any llcense and/or other agreerne11t ('Software Llcense1 wHh Ule supplier of the Software rSortw.-e Supf'.liel"). Yoo a-e responsible for entering Into any required Software LJcense with the Software Supplier no later lhan the Lease lnoep11on Dale. You agree the Equlpmenl Is !or your lawful business use in the United States Qnclllding i1s possessilns and lerritories), will net be used mr pe1SOnal, household or famly pulJ)Oses, and is not belng acquired for iesale. You will not attach the Equipment as a fo.ture 10 real estate or make any pemianent illlooirons to n. 4, Non.Qmcallable LeaH. nus LEASE CANNOT BE CANCEU.ED OR TEF!MINA TED BY YOU PRIOR TO TIIE END OF ntE INITIAL LEASE TERM. YOUR OBl.JGATION TO MAKE ALL LEASE PAYMENTS,

AND TO PAY ALL OTHER AMOUNTS DUE OR TO BECOME DUE, IS ABSOLUTE AND UNCONDITTONAL

AND NOT SUBJECT TO DELAY, REDUCTION, SET-OFF, DEFENSE, COUNTERCLAIM OR RECOUPMOO FOR NlY REASON WHATSOEVER, IRRESPECTIVE OF THE PERFORMANCE OF THE EQUIPMENT, DEALER, /WY THIRD PARTY OR XFS. Any pursued claim by you against XFS for alleged breach of our obligations hemmcler shall be asserted solely in a separate action: provided, however, lhat your obligation; under 1h15 Laasashalf ccnUnue unabated.

Federal To• 10 # !Required I
95-2460087

5. End er Lease Options. If you are not in default and w you provide no giealer lhan 150 days and no less tnan lill days' pnor wrttten notice to XFS, you may, at the end of the nltial LJ!ase Term, eltl\er (a) purchase an. but not 1eSS tnan all, Of the Equipment "AS 15, WHERE IS' and WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE al the lime Of purct,ase by paying i1s fair min~ valtJe, as delermined by XFS In Its sole bul reasonal;je disCllllion, plus Till!es, (b) enter into a new lease on mutually agreeabl!l terms, or [c) de-­ install and relum lhe EquiJl!lent. at your e:q,ense. fully rnsured, to a continental US loci!lion XFS s~s. If you have not elecled one ol lhe above ol)1ions. you shall be deemed 10 have entered into a new lease with a 3 mon111 tenn on tllrms aod conditions identical lo 1ljs Lease, l!llcep1 that eilher party may lemlinate 1he new lease al lhe end of Its 3 momli term on 30 days' prior written notice and, wnen this new lease terminates, shall talie one of Ille actions Identified In (a} (b) or (c] In Ille preceellng senlence or be deemed 10 ha11e en18!8d Into aoother new lease with a 3 monll\ term BS provided herein. Aft-/ purmase optlon shall be exercisad with respect 10 each Item of Equipment on the day lmme<l.ately fllllOWing Ule date of llllplration of Ille Lease Tern, of Suell Item, 111d by lhe delivery at sucn time by you to XFS of payment, In cash or by certified check, 01 lhe amount of the applicable purchase price for the Equipment UJ:l)n payment of the appllcallle amounL XFS shall, up)n your 11a1uesL execute and deliver 10 you a bill of sale for tte Equipment on an • AS IS,' 'WHERE IS,' 'WITH ALL FAULTS' basis, withou1 representaticri or warran~ of any kirld or nature whalSoever. A!l!r su:h payment you may 113de-in lhe Equipment as pan o( another transaction with XFS and, W you do, you must pass unencumbered title of lhe Equipmen1 being traded-in 10 XFS.

6. Equipment Retum.I1 lhe Equipment rs retumed ID XFS. ~ shall be in !he samero11dition as when delivered to )'<lU, normal wear and tear excepted and, tt not in sucl1 condition. you will be !able for .ill expenses XFS inaJr. 10 return !he Equipment lo such "normal wear and Illar" ccnd"ilion. IT IS SOLE!. Y YOUR RESPONSIBILITY TO SECURE MY SENSITIVE DATA NlD PERMANENTLY DELETE SUCH DATA FROM THE INTERNAL MEDIA STORAGE PRIOR TO RETURNING THE EQUIPMENT TO XFS. YOU SHALL HOLD XFS HARMLESS FROM YOUR FAILURE TO SECURE AND PERMANE!ffi. Y DELETE ALL SUCH LESSEE DATAASOUTlJNED INTHIS SECTION.

7. Meter Reading• and Annual Adju!llmenb. Unless otherwise agreed by you and XFS, you will provide mete, readings on all Equipmenl subject 10 this Lease at the end of each month dunng the Initial Lease Term and any additiooal Tem1, If you do 110t provkle a timely meter ieading. XFS may es!imate such reading and invoice you accordingly. H XFS does estimate any me1er ieadings, XFS will make app1t>p,iate ad]ustmenls on subsequent invoices lo you after reoeiving lhe actual melef readings !rem you for the Equii-r,enl At any time after 12 montl!s !rem 1'1e Inception Dale and for each successiv& 12 mornh period !hereafter during the lnHial Lease Term and any 3 month extended Tem,, XFS may inaaase the maintenance charyes portion al your Monlhly Lease Payment and lhe Excess Cha191!s by a maximum of lifle1m peimAt (~S'lij of the then-ctJrren1 '-lllnlhly Lease Payment therefor and you agree 10 pay such Increased amounts. zero ------

8. Equipment Delf11e,y and Ma lntanance. Equipment will be delivered to you by Oealef at llfli'1oc:aoon specified on the first page hereof or In an Eil,uipment SGhedule, and you agrae to uecute a Delivery & Acceptance Certificate at XFS's request (and oorrfirm saTie Ilia telephone ar,d/Dr electronically) oonfirming 1hat yO\J have received. inspecrec arid accepted tne Equipmen~ and that XFS is autnonzed 10 !UTIII the Dealer for the Eqiopment. If you rejeci tt,e Equlpmen~ you assume al responsibility !or any pun:llase oroer or other COl\trae1 issued on your behalf directly with Dealer. Equipmen1 may not be moved lo ano111er iOcaHon ..wholll fir.;t oblilining XFS's written oonsenl whicli shall not be imreasonably withheld. You shall permit XFS to inspect Equipment and any mainleni!flce recorlls relating 11\ereto during your normal buSiness. llOurs upon reasonable notire. You represent you have entered into a Maintenance Agreement with Dealer to maintain the EquiJl!lent in good worong oilier in accordance with 1'1e manufacturer's mainlena= guidelil!eS, and to prtr\lide you with supplies !Of use with the Equipmenl Yoo understarld and adcnowledge !hat XFS iS ir::ung solely as an adminiS1rator for Dealer with respect to the biling and collecting of the cilarges under !he Mainlenance Agreemen1 and Excess Charges included in !he Lease Payments. IN NO EVENT WILL XFS BE

LIABLE TO YOU FOR ANY BREACH BYTHE DEALER OF ANY OF ITS OBLIGATIONS TO YOU, NOR WILL CPC -SoCal SLG -Final Rev. 09.19.2014

ANY OF YOUR OBLIGATIONS UNDER THIS LEASE BE AFFEClED, MODIFIED, RELEASED OR EXCUSED BY ANY ALLEGED BREACH BY DEALER.
9, Equipment Ownan;hlp, Labllllng and UCC FIiing. H and to Ille extent a aiurt deems lhls Lease to be a security agreement under tile l/CC, and otherwise tor prec:8llllonary purpose. only, you grant XFS ii first µriortty saa1rily inlns\ in your interest in 1he Equipment and all proceeds !hereof In ender 10 S8Clll1I your perfonnanae uncler this lsase. XFS is and shall remain Ille sole 1>Wner of the Equipmen~ 8lC8p\ the Software, XFS may Wlel Ille Equipment to identify our -hip interest in It Yau autllori2e XFS ID me by any pem,issible means a UCC financing statement lo shew, and ID do all other acts ro protect, our Interest In the Equipmenl You agree lo pay any flung fees and aiministrative cos!:; for the filing of such financing statemenlS. You agree ID keep the Equipment fl8II from any liens or em:;umbrances and lo pmmplly notify XFS if there is any change In your o,ganlzation such 1llat a lllfiling 01 amendment 111 XFS's ucc financing stement against you lleoornes necessary.
1C. AsslgnmenL YOU MAY NOT ASSIGN, S!:11.., Pl.EDGE, TR.I.NSFER, SUBLEASE OR PART WfTH

POSSESSION OF THE EQUIPMENT, WIS LEASE OR ANY OF YOUR RIGHTS OR OBLIGATIONS UNDER TI-1 IS LEASE (COLLECTIVELY 'ASSIGNMENT') WITflOUT XFS'S PRIOR WRITTEN CONSENT, WHICH SHALl NOT BE UNREASONABLY WITHHELD, BUT SUBJECT TO THE SOLE EXERCISE OF XFS'S

REASONABLE CREDIT DISCRETION AND EXECUTION OF ANY NECESSARY ASSIGNMENT DOCUMENTATION. H XFS agrees to an Assignmen~ you agree lo pay the appricable assillnment fee and reimblJIS8 XFS tor any aJSls ~ incur in connection with Illa\ Assignment. XFS may sal, assign or lransler aP or any part ol the Equipmem this Lease and/or any of our righls (oot none of our obligations) under this Le..se. XFS's assignee wlll have the same rig his that we haw lo lhe extent assigned (but nene cf our ob!galions) and YOU AGREE NOT TO ASSERT AGAINST SUCH ASSIGNEE ANY CLAIMS, DEFENSES, COUNTERCLAIMS, RECOUPMENTS, OR SET-OFFS THAT YOU MAY HAVE AGAINST XFS. XFS agrees and admowtedges that any Assignment by us will not malerially change your obligations under this Lease.

11. Taxes. You wfll Ile responsible for, mdamnify and hold XFS harmless from, all applicable taxes, fees or cna,ves ~m:luding sales, use, personal property and lransfar liMs, other 1han nel income taxes), plus interest and per.alties, assessed by any govemmenlal en1lty an the Equipmen~ this Lease or lhe amounls payable under this Lease (co!ectively, 'T Bl<es1, which wll be in eluded in XFS's invoice to you unless you timely provide amtinuing proof of your tax exempt status. II Equipment is deliwml tc a jurisdiction where certai'l lllles ara calculilled and paid at the time al lease Initiation, you authorize XFS to finance and adjust your l.l!a&& Payment to include such Taxes over the lnlflal Lease Tenn unless you raquira otheMise. Unless Md unlff XFS notffies you in writing lo Ille conlrary, XFS 'MIi file al personal properly 1a,,; retums amring the Equlpmen~ pay lhe personal properly lalles le!lied or assessed lllaraon, and cxillecl from your aa:o,mt alf personal properly taxes on the Equipmenl This IS a true klase fer all Income lax purposes and you will not ct aim any aadit or deduction 1or depreciation of Ille Eq ulprnent or lake any other action Inconsistent wi1l1 your stabJS as lessee of the Equ11menl.

12. Equipment Wam1nty Information and DlscilllmGrs, XFS tS MERELY A FINANCIAL INTERMEDIARY, AND HAS NO INVOLVEMENT IN THE SALE, DESIGN, MANUFAC'T\IRE, CONFIGURATION, DB..JVERY, INSTALLATIOII, USE OR MAINTEHANCE OF THE EQUIPMENT. THEREFORE, WITH RESPECT TO EQUIPMEH'T, XFS DISCLAIMS, AND YOU WAIVE SOLEl.Y AGAINST XFS, AU. WARRANTIES,

WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

MERCKANTABILITY, NON-INFRINGEMENT AND ATNESS FOR PARTICULAR PURPOSE, AND XFS MAKES NO RE?RESENTATIOIIS OF ANY KIND OR TYPE, INCLUDING, BUT NOT LIMITEO TD, THE EQUIPMENT'S SUITABILITY, FUNCTIONAUTY, DURABILITY, OR CONOmON. Since you ha\'e selected 1he Equ11ment and the Oe.11er, yau ad<nowledge lllaf you illl! awara of the name ol the manu!aci!Jrer of each Item of Et!uipmenl and agree that you will eonla:1 eac:11 manuracwrer and/or Dealer lor a description of any warranty nghls you may have under the Equipment supply ainlract, sales order, or otherwise. Pro.ided you are net In clefault hnuncler, XFS hereby assigns to you any warranly rlghls we ma~ IIBve against Dealer or manulacllJrer Mlh respacl lo the Equipment. If the EquiJXTienl Is retumed lo XFS, sud\ righl! are deemed reassigned by you lo XFS. IF THE EQUIPMENT IS NOT PROPERLY INSTAll.ED, DOES NOT OPERATI:

AS WARRANTED, BECOMES OBSOLETE, OR IS UNSATISFACTORY FOR ANY REASON WHATSOEVER, YOU SHAU MAKE All RELATED CLAIMS SOLELY AGAINST MANUFACTURER OR

DEALER AND NOT AGAINST XFS, AND YOU SHALL NEVERTHELESS CONTINUE TO PAY ALL LEASE PAYMENTS AND OTHER SUMS PAYASLE UNDER THIS LEASE.

13. Llabillly and lndtmnlllcatian. XFS IS NOT RESPONstBLJE FDR ANY LOSSES, DAMAGES, EXPENSES OR INJURIES OF ANY KIND OR TYPE, INCLUDlNG, BUT NOT LIMITED TO, ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNJTIVE DAMAGES (COUECTIVEL Y, "CLAIMS"), TD YOU OR ANY THIRD PARlY CAUSED BY lHE EQUIPMENT OR ITS USE, EXCEPT THOSE CLAIMS

ARISING DIRECTLY AND PROXIMATELY FROM XFS'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. In adcfrtion, except for Claims arising dirlldly arid proximately from XFS's gross negligence or wlflful misalnduct, you assume Iha risk of !ability for, and hereby agree to Indemnify and llc4d sale and harmless, and cawnant lo defend, XFS, its employees, offioer1; and agents Imm and against (a) any and iill Claims Oneludlng legal l!JCjlE!IISBS of every kird and nature) arising out or the manufacture, purchase, shipmen! and delivet'y of the Equipment to you, acceplanoe or rajection, ownership, leasing, po~n, operation, use, return or olher disposition cl Ille Equipment, including, wilhout limhation, any &abilities thal may arise from pa1ant or latent del'eds in the Equipmenl (•ther er not discoverable by you), any cf aims based on absolute !crt liabilily or warranly and any claims l:lased on patent, trademark or copyright infringement; and (b) any and all loss or damage of or lo the EquipmenL

14. Default and Remedies. You will be In default under this Lease~ (1) XFS does net remve ooy paymenl within 1 0 days after ils due date, or (2) )'CU breach any olher obflgamn under this Lease or any o1her agreement 'Mlh XFS. If you default, and such default rontinuas lo! 10 days after XFS provides ootice to you, XFS may, in addition to other remedies ~neluding requesting the Dealer to cease peifarming under the Mainl&nance Agreement), require you to promptly rebJm Ille Equipmenl as provided in Sections 5 and 6 he'80!, and requinl immediate payment, as liquidallld damages for loss cl bargain and not as a penalty, of the sum ot (a} all armunts 1hen due, plus interest from the due date unhl paid at the rate of 1.5% per monlh: (b) Ille Lease Paymenls ramaning in 1lle Initial Lease Term (including the fixed maln1enance component 1heraof, ff permitted under 11111 Maintenance Agreement), dliOOullled at 1he Disrount Rate to Ille date of delaull, and le) Taxes. In aodltiOn, K you do not ratum the Equipment as requirad above, -;ou agree to pay XFS the !air malcet varue lll&ll!Of, as 1BaSOnably determined by XFS. as of !he eoo of the Initial Lease Term, discounted al the DislxiUIII Ride to fhe date of defaull You agree to pay all reasonable costs, i'lcllM!ing attorneys' fees and diSbu,sements, inetmed by XFS tc enforce this Lease.

15. Rlt!1 af b1111• Md lnau,anee. Ye• e•ma aAa agrea le hear !he eA~re ,;,11 af la,s, M. de~BtieA er e!her imp11in!lelll &I Ille Eq@pmenl •pen deliYE!!'/. Ve•, al ye•r el'll'I eiq,em1e, (il sholl loeep Eq•ipi,,en! ins•red 806NI lees er d(lfflage 81 a mlAilft•lft al !till repleeemelll ~al•e 11,el'eef, a,d !i~ slllll 8M'I p•blie liability !ft911rai,ee !!!fBillSI bedilr injt,,r, inelHdiAg deelll, 8Ad egalool preper!y Blll!I01Je iA the l!lflBllOI af 81 le~ ~2 mifl8~ leelleefl,elr, 'fkl~uiiell lr,su,ai,ce'j, All ••ell Rcq•ired IA91lf8AOO shell be with ltm pe,able Ill ~rs ils 1u -• ando'er ell!igns, m their i.ieresb "'"" 8111'C8'.' and shall be Wl!n eempanlBl reooe .. ~l!lr neeeptellle ta ><re. In aeliiijan, JG"6 a~I be ,imil!lil) named i,s an eddiliDAel ill9HR!d en all p•blie liabilily -,ao111nee pellelea. 'Ale R9lluied l119Uf!l,ee shall pra,idc for 38 ears' piclrnoiiee le X."6 ef e1meella!ieA. ¥9\J MY~ PRO\'lllE X."6 8R 81:fR BE61G NEE6 Wl'fl I SATISFA6l-OR¥ WRlflEU E'ADENGE OF RtQl:llRED ltlSllR.fi~IGE WR'IIIN 39 9A¥G 8F lllE lltGEPllON 91\lE ,t,UD AWF 61:lBSEQllENf WRIHCII flEQtfts:r B¥ XFS OR 0lJR 9E616NEE6. IF ¥81:f 88 N9:r BO SO, lllEN IN UEll OF OlllEll AEMC91ES F9R 9EFM.IH, XFS IN OOR 91SSREl9N h ... B M" OllR 691.E QPllON M.W (Blff IS NOl' REQl:flRfO lOJ OBfAIN tN6URNl6E FROM Ml IN61:fRER er )(f818 GIIOOSING, 11/lflGII Mot.¥ BE AN Kl"B .tRlUME, IN 81;61 f FBRMS NIB .W81:flff6116 .l(f6 BEEMS REA69NABLE l8 PRmtGT "rsri; IN'IER£61'6 (G9U..£6'1Ml.Y "E.$11PMENf INSYR,+,.',jG["], EQUIPMEtfT IN6URh ... GE Wll.L GBYER 'fllE EGUIPMEN:r AN9 )(fS: ITWILL N8'T NAME ¥81:1 .t.6 iliN IN61:1R£0 ANB MM' NOl' GO'JER ALL OF mltial
Pa~Zol'3
YOl:IR IN'FtRE&:i' IN TI IE EQtllF'MENT AND WILL BE 6UB.IEG'T f8 G,1,,•JGE~• \TI9H M h ... ¥ 'RME. ¥011 .t.8R£E 'F9 p,,;t lEF6 PERIODIG G1 IARSES F9R EQUIPMENT INSURIINGE (GOI.LEm1YEI.¥ "INSYIIAHGE GI IARGES~ Tl !A'J INGLUEIE! Afi INWRANSE PFll:MlllM ll lM MAY DE I IIGIIER 'A IAN fF YeY MAIIR'AINE9 llE R£Q!IIRE9 11&\IIIANGE 6EPh'Wtl¥, A FINAHGE GIIARat 8f l:IP l8

1.5'1, PER M8Nll I ON NI¥ i\9\'i\NGES MA9E 9¥ lEF6 8R 9UR "6Elff6, .t.HD G9MMIS619NS, DIWfiG AN9 PR96E-SSING FEES; AH¥ OR ALL 8F WIIIGII MN< GENERA'!'£ A PR9FIT le XfS 8R 9\IR .t,68ffS: )(f6 IIA¥ MO INSl:IIWfGE GI IARGES TO EAGII LEA5E PAA'MEtff. KF6 ehell dismntintic bijlina er debitil'J!f l"StUIIFICe Gh&f!)es fer Equii,melll IA!IIIDAOO bpllfl raeeipt BIid re,ie .. (If smftlete!l ewideom el Relluired I"''"_.,
¥eu must ~remp!IJ , ,elit) XI'S &I enr feM er deml!gc ID Equlpmelll ~!eh mlliceJ BA) lleffl or Equipmelll unl!l !er mn!iuued er repeif'!lble 1191!. ~u hereb) ine,eeelll) BPPfM"l llFG Bl ,ellr allome~ In feel 16 Blft!Cute and e"del'Je all e~mks or dtllftt it, 1'811' ueme le eellcll\ •rider en, suell Req•IR!fl l119l!l'flllee. l119u1m,ee preeeads '"'"' Requiied l"stireuae or Equipment lftllurene,e reeelwed ehel be Bll!liied, Ill JITT;'e eptieA, le M s8Slllre 11,e Equi/,merll ae lhllf it is in lhe aeme fOrlditien es ,,t,en del;,e,ee ID )'OU f"llfRIIII 11eer aM l!Jar llffll!lledl, er bl l the Eciuii,mrmt is "ot reetof8ble, to repll!oe ~ ~ ike l9Ad eolldililln Etlulps,,ertt "8111 tile 9flfll8 llllJ,lffllilHj191', erfzj pill Ill lff6 Ille ~n:!ller llf QI Ille te!lrl UAp!!id l,,ease Pe; 111e"l,ler ll,e el.tire leflll lmiellf {!il91111•Aterl Ill pre9BIII ~alue 81 !he BileDunt Rl!fe) plus XFG'e iesidllOI iAteresl ift sue~ ElluiJ,meftt lllereiA 8!1ff!ed te be l![W. al !l!e Equipmer.t'a erigi"al 11111110 XFS, eiseeullled te piesellt ,eltte ot Ille Biseeunl Relel l!fus eftj eu,e, e111ount9 due Iii ue uneer !his i,,eeae, er fill the fair f1l8f1'el ,alue er the uiuipm1:1~ ifflmeditltel1 ~lier le tile 1899 BF delftllge, 119 lleteimlned b1 XF6. NO 1:966 OFl BWGE 1'0 EQYIPMENl, 9Fl X76'6 R£6EIPT OF l!ISUIIAHGc PRGcr£0S, SI IAl.l. RELIEVE ¥8Y OF .t.11¥ OF ¥9\IR R£MIIININ6 BBU6M'ION6 llN9ER 'RIIS LEASE. Not,rilll918AdIAg prellUll!lllCAI el Equipmenl I-ranee o, Reqllil9d l119Ul'l!IAee, 1e• remlliA ~meri~ liable fer pefie,ma,,ee uAder !ltlbel!m9e3 fl!l, ()') or {2) iA llie llird !!l!Alel1ee or lllls pBllllf~pll in the c,11111 the lll'Pictlble is,111mmee eemer fall9 or R!lu9es Ill flll) Iii,) claim. ¥OU AGREE ~I "fB k'lSi'TR>\"fE /oM¥ 91SPY'FE WR'!! Kf6, OOR AGENlS OR AS616NS RE6Mf!IN6 ll IE EQl:l!PMEN'F INSl:IR.\NGE .t.llB,'0R INSl:IRAHOE GI fARGES UNBER 'R IE !WI.ES OF 'Ff IE AMERIONI ARSfffiA'FIBN ASSOGIA"ff9N IN FAIRREL9 69UN'FY, Gl, {fl) lllA'f ARBITT!AllBN {NG'F A OOURfj 6'1Al.:L BE lllE OIOLYSl'iE REIIE9¥ F9R 6\1611 818PlflES; AND ~HI 'R IA'F GLASS ARBr-ffiA'RON IS N8f PERMFffEB. "fhl1 arblb aden Nqulrement don not 1pp1, 11:1 any oth1:1 pn,wislon or this Loe,e.

16. Flnanca Lease and 1.u&ee Wafven;, The parties agree this Lease i& a 'finance lease• ~•dtr UCC Article 2A. You waive, solely agaln&t XFS and 115 su~essors and auig ns, (a) all right5 and n,med!H conferred an I lessee under Article 2A (Sections 508-522) of the UCC (C.G.SA §§42a•2A-724-7ln, and (b) any rights you now or later may have which require XFS to 5tll, least or ClthNWln un any Equipment to reduce our damages Including our raallzatlon of Iha remaining value af lhe Equlpmrm~ or which m~otheowise llmlt or modify any of ourright5 or remedies.

17. Aulhorb:.1.tion of Slgnar and Credit R!'ilew. You represent that you may lawfully ente< into, and pertonn. this Lease, that the individual signing this Lease on your behatt has a! necessary au1hority lo do so, and that al financial information you pro.ide a,mplelely and accurately reprasants )'OUr financial aindi!ion. You agrae to tumish financial information that XFS may request now, Including your tax idenlifcalion number, and you authorize XFS to obtain crad~ reports on rou in 1lle futue should -;ou default or fall to make prompt paymenl! under lllls Lease.

18. Ortglnal and Sole Controlling Duc:11ment; No Modifications Unl9511 In Writing. This LJ!ase consllhrte& lhe entire agreement between the Parties as to the subjects addressed herein. and representations or statemenls not Included hareln are not part cl this Lease and are not binding on the Parties, You ilgree that an executed copy of lhls Lease that Is signed by your authorized representi!lrnl and by XFS's authoJiied reprosenlalive (llll original manual &ignatura or such signature reprodu~ by means of a rel~ble elecilOnic fonn, suet, as electronic lransmisslon or a facsimile or electronic signature) shall be marmd 'original' by XFS and shall constinJte the only original document for all purposes. All other copies shall be duplicates. To the extent this Lease constitutes chattel paper (as defined In 1he UCC), no security interest in this Lease may be created uoepl by the possession or transfer of the ropy mam!!l 'originar by XFS. IF A PURCKASE ORDER OR OTiiER DOCUMENT IS ISSUED BY YOU, NONE OF ITS lERMS AND CONDmONS SKALl HAVE ANY FORCE OR EFFECT, AS TrlE TERMS ANO CONDITIONS OF THIS LEASE EXCLUSIVELY GOVERN

WE TRANSACTION DOCUMENTED HEREIN, THE DEALER AND ITS REPRESENTATIVES ARE NOT OUR AGENTS AND ARE NOT AUTHORIZED TO MODIFY OR NEGOTIA1£ THE TERMS OF THIS LEASE. '!HIS LEASE MAY NOT BE AMENDED OR SUPPLJEMENTI:D EXCEPT IN A WRITTEN AGREEMENT S1GNED BY AUlHORfZED REPRESENTATIVES OF TllE PARTIES AND NO PROVlstONS CAN BE WAIVED EXCEPT IN A WRfTING SIGNED BY XfS. XFS's fa!ure to object to tenns conlained in ooy rommunk:atiOn from you will net Ile a waiver or modifocalion cl 1l1e lerms of 1his Lease. You aulhorize XFS 1o insert or CMl!d missing lnlOflllatlon on this Lease, including bul not limited to your proper legal name, lease nvmbers, senal numbers and other information describing the Equipment, so Ieng as there is no malerial impaci to )'Our financial o~igaHons.

19. Govemlng Law, Jurisdiction, Venue and JURY TRIAL WAIVER. THIS LEASE IS GOVERNED BY.

AND SHALL BE CONSTRUED IN ACCORDANCE WITH, TKE LAWS OF THE STATE OF CALIFORNIA (WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES THAT WOULD OTIJERWISE REQUIRE APPLICATION OF LAWS OF ANOTHER JURISDICTION). THE JURISDICTION AND VENUE OF ANY ACTION TO ENFORCE TrllS LEASE, OR OTHERWISE RELATING TO THIS LEASE, SHALL BE IN A

FEDERAL OR STATE COURT IN CALIFORNIA OR, EXCLUSIVELY AT XFS'S OPTION, IN ANY OTHER

FEDERAL OR STATE COURT WHERE THE EQUIPMENT IS LOCATED OR WHERE XFS'S OR YOUR

PRINCIPAL PLACES OF BUSI NESS ARE LOCATED, AND YOU HEREBY WAIVE ANY RIGKT TO TRANSFER VENUE. THE PARTIES HEREBY WAIVE ANY RJGKT TO TRIAL BY JURY IN AJIY ACTION RELATED TO DR ARISING OUT OF THIS LEAS!:.

20. Miscallanecu1. Your obligations under 1he 'Taxes· and "Liability' Sedions oommence upon execution, and sur;ive the expiration or earlier termination, of lhls Lease. Notices under this Lease must be in writing, No1ices to you 'MIi be sent to the 'Billing Address" provided on the first page harmf, and notices lo XFS shall be sen11o our add,ess provided on the first page hereat. No~ces will be deemed given 5 days after ma!ing by first class mail or 2 days afte, sending by natjonally recognized overnight aitJrfer. Invoices ar9 nol considered neli:es and are not governed by the nolice lernos h&reol. Yau !Mhorize XFS to rommunicate with you by ;.,ny electronic means (including cellul..-phone, em au, autamatr: diaing arid ,eco,ced messages) using any phone number (Including cellular) or electronic addn,ss you provide 10 us. II a court finds any tenn of this Lease unenforceable, the ramalning tenns ..,,;n remain in effeci. The failure by either Party to exercise any right or remedy will not ainslltute a walffl of such right or remedy. II mere 1llan one party has signed this LJ!ase as lessee, each such party agrees !hat its Bablllty Is joint and several. The followifl!l four sen!ences control aver every other part or this Lease. Both Parties wim comply wi1l1 appicabla laws. XFS v,;n no1 charge or oollecl any amounts in exress or those allowed by appfteable law. Any part of this l.aase thill would, but for the last four sentences of lhis Section, be read under at1y circum&tanaes to allow for a chars,e higher than lhat allowed under any applicable legal limil is modified by this Section to llmtt the amounts chargeable under this Lease to the maximum amount allowed under the legal li..t If, in any cift:llmslances, 111y amount in IIJ(C8SS of that allowed by law is dla,ged or rereived, any such charge will be deemed limited by the amount legally allowed and any amount raceived by XFS in excess cl lllat Je9ally allowed will Ile applied by us le the paymen1 of amounts legally owed under 1his Lease or refunded lo you.

21. Non-Appropriation. Your obfigation 10 pay the Lease Payments and My other amounts due Is oontinge/11 upon approval ol lhe appropriation of funds by your goveming body. In the event funds 311! not appropriated ror any fiscal period equal to amounts due under 1he Lease, and you have no other funds legally available lo be al localed 1o the payment of your obligations undar lhis Lease, you mir)" lemoinale the Lease effect1ve on the first day or such 1isGa1 period ["Tanminalion Date1 K; (a) )'OU hill'e used due diligence to exhaust all funds legally available; and (b) XFS has reoeiYed writ1an no1k;e from you al leas! 30 days before the Tennlnalion Date. At XFS's requesl you shall prcmp!ly provide supplemental documentation as to such non-appropnation.

CPC -SoCal SLG • Final Rev. 09 19.2014 ~
'initial

Xerox Financial Services LLC
45 Glover Avenue
Norwalk, CT 06856
Cost Per Copy Agreement xerox £f'
Upon Ille oc:cuminc:e of suet, nor,-appmprlation, you shall not be obrtgatad for payment of any Lease Payrnem for any fiscal pe!1od fer whlcll funds h11¥11 not been so appmprlaled, and you shal promplly deliver Ille Equipmen1 to Ille Dealer (or such other party as we may designate) as set forth In Ille return pmvslans of Ille Lease. H you tennlna!e a Lease pumuanl to !his Sac:tion, unless Ille following would affect the validly 81ld/Or anforceabfilly or tt.s Lease, for a period DI 360 dsys from Ille Tennlnalian Dale, you will not pu1ci111se, lease, 1811\, seek approprtalions for, or olhl!IWise obtain a syr;lem seNing the s.ame functmn as Ille Equipment. TIie foregoing obligation shal GUMVe lenninallan of !his Lease.

JA ES f:GG
Assistant City Attorney
City of Garde,n Grove ;
DATED: b-I -l

ATTEST: '/h»t:--~() ~
TERESAPOMEROV.CMC-"'
CityClerk
-= of Garden Grove
ATED: -ft-'--5'i lr/J 11
CPC -SoCal SLG • Finni Rev. 09.19.2014

A Xero~ Company
5700 Warland Drive, Cypress, CA 90630
i.;;G;..;;;a;;..;rd;;.;;e;;..;n....;;G;.;;..rov;;..;...;;e _______ CA~--------......;.;92;;.;842~ Garden Grove Cmta:t Sandra Segawa
Phone/Fax 714-741-5050
Key Op
Phone/Fax
Sale Order Agreement
Keith Winston
714-741-5096
Date
Buyer
P.O.#
Sales Rep
CA
U 0
Sales Tax to be Added Upon Invoicing
Delivery/Installation
92842

TOTAL AMOUNT SEE LEASE
Less Payment (Check # ___ _,
AMOUNT DUE SEE I.EASE
Serial #: Amount:

SoCal Office will pay off old lease as indicated above and re1um lhe equipment to the lease company. Customer must notify lease company of inlent ID re tum and provide SoCal Oflice wlffl shipping instructions in a 'mely manner. Allach buyout invoice and list of assets.

Payoff to Keep/Trade-In: Lease Company Lease Number: Amount:

SoCal Office wWI pay off oil lease as indicated alxwe and tal<e possession of oopier. Attach buyout invoice 811d list of assets.

Stream of payments payable to cHent: Lease Company Lease Number: Amount:

SoCal Office wil pay cuSlomer the amount indicated above. Custorret agrees to make remaining payments on lease and fulfill all financial obligations of said lease. Cus1omer also agrees ID notify lease rompany of intent to return copier and provide sh ipplng inslnlc1ions lo SoCal Office in a Umely manner. A Hach list of assets Trade In ofCustomerOwned Unit: Model: Serial#:

Client wamns thal equipme11t is Ima and claar of any liens or security i nleresls. SoCim Office wil take possession of ll'ade In and dispose of de'lice al SoCal Office discretion. Atta:h additional list of assets.

HERBY AGREE lo purchase the ltem(s) listed above in ar.airdance wilh lhe 1Bfll1S and provisions set forth on bolh sides hereof. Custorrer a::knowtedges that t has real this agreement of sate and underatands and agrees lo all terms and conditions staled on bolh sides herein.

I authorize SoCal Office Technologies to obtain credij information from any ronsumer ,eporling agency lo delem-ine cred~ wortliines.s. I undersland thal ~ cred~ worthiness Cillnol be determined by the consumer ,eporting agency, additional illfoonaticn may be required. v092015a Page 1 of 2

SOCAL OFFICE TECHNOLOGIES

PURCHASE ORDER TERMS AND CONDITTONS
t Definltlana, The fimt page of this Purchase Order is called the Cover Page. The Cover Page i111d Iha Terms and Conditions page, along with a listtng of additional goods on Schedule A frf attached), represeit the agreement (the "Agreement') between SoCal Office Tedlnologies (the "Company") and the Customer, as defined on the Cover Page ("Customer"), with respect to the purchase of those certain goods identified on the Cover Page and Schedule A, if attached (the "Goods" or "Equipment").

2. Scope. This Agreement may be executed for:
a) A SALE of the Goods. If a SALE, subject to any special l:Blms indicated 011 the ewer Page or Schedule A. the Company hereby offers to sell and Customer hereby accepts ta purchase those Goods ln the quantity and for the price indicated on the Caver Page (and/or Schedule A). Payment loons are Cash on Deliveiy ('COD"), Alternatively, if Customer has a vem\Bble credit account In good standing wflh Company, Customer may elect to be invoiced for the Goods. In any ciraimstance, Customerwi"D pay invoices within 30 days after the invoice date. A late charge will be assessed against Customer on invoice balances 10 days or more overdue at the rate of 1.5 percent per month, but not in excess of the lawful maximum. The CustamE!' is responsible for paying for an collection fees, attorneys' fees end court costs incurred by the Company in enforcing lhe terms of lh\s Sedion 2(a). b) A LEASE of the Goods. If a LEASE, Customer will execute a separate leasing agreement llhiich will fund the purchase of those Goods in the QUanllly Indicated on the Cover Page for lhe benefit of Customer. Upan execution of leasing documents, the Customer shai be responsible to leasing company ta satisfy the terms and conditions of the leasing documents. 11, howe\ler, a LEASE cannot be so executed within 15 days of Customer's execution of 1hls Agreemen~ Customer must immediately return the Goads la Company in Like New oondlH on.
c) A RElfTAL of the Goods. If a RENTAL, Customer wiD execute a separate rental agreement wth the Company. Customer shall be responsible for satisfying the terms and candi~ons of the rental agreement

3. Acceptance and Non.Cancellation. Tots Purchase Order and Agreement shall become binding UJJOfl the Customer's execution of this Agreement and may nol be cenceHed or altered thereafter wifhout the Company's written consenl

4. Delivery and Installation. Unless specified Olhl!IW!se on the Cover Page, the Compai,y shall deliver and install the Goods at the locatlon specified by CuSlomer on the Cover Page unless: (1) Customer has not made available at that address a suitable place of installation as specified by the Company; (2) Customer has not made available suitable electrical seivlce In accordance with the Un deiwriter's Lab ('UL') requiremoots; (3) the Goods are lo be delivered to a location outside of the Company's service area. All risk of loss will transfer to the Customer upon delivery.

5. Taxes. Customer shall pay all federal, state, and local sales, use, properly, excise, or other taxes Imposed on or with respect to the purchase price of the Goods.

6. Force Ma!eure. The Company shall not be determined to be in default of any prOloision herein or be liable for any delay, failure in perform a nee or internipfion of se,vices resulting from acts of Gcx!, civil or military catastrophe, stJ1kes, embargoes, transportation delays, inability to obtain materials from s upp[terS, prod ud deficiencies, cr any other situation beyond the reasonable coolrol of the Company.

7. QmyJ:!,_ Customer will be in default of this Agreement If Company does not receive payment within 1 0 days after the date payment Is due or Customer breaches any ath er obTig-ation under this Agreement Customer will pay all reasonable cosls, including attorneys' fees, incurred by the Company to enforce this Agreement and/or any disputes aristng with regard to the Goods. In addition to any remedies under the law, if Customer breaches this Agreement and fails to cure said breach within 20 days after recept of notice from the Company, the Company may terminate this Agreem enL

8. lndemnificetlan. (a) CuSlomer Is responsible for any losses, dam119es, penalties, daims, suits, and actions (collectively •aalms") whether based an a theory of 001tract. tort, strim liability, or Olherwise caused by or related to or ln any manner arising out of the use, ownership, possessi111, er funding or financing, of the Goods Qnduding but not limited to the negligence of Customer, Customer's employees cr agents, or any third party), and, (b) Customer is responsible for any and all costs and attorneys' fees incurred by 1he Company relating to any such daim. Customer will reimburse and, If requested, defend 1he Company at Customer's own cosl and expense, against any Claims. Customer's obligati011s under this Section 10 shall survive termination of this Agreement

9. WARRANTIES AND LIMITATION OF LIABILITY ON WORK PERFORMED. THERE ARE NO WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, ON ANY GOODS PROVIDED BY COMPANY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANlY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NO OBLIGATION OR LIABILITY SHALL GROW OUT OF THE COMPANY RENDERING TECHNICAL OR OTHER ADVICE IN CONJUNCTION WITH GOODS PROVIOEO UNO ER THIS AGREEMENT.

10. Limitation of Liability. The Company's total liability to Customer for any daim, whether based in contract, tort, common law, or statute, arising out of, connected wilh, or resulting Iran thefumishing or failure ta furnish any Goods under this Agreement (and the associated delivery and installation of said goods) shall not exceed the cost paid by the Customer far the Goods wt, ich gill!! rise to the claim. In no 11\/enl shall the Company be liable far any incidental, consequential, or special damages incurred by Cuslomer or any third party, including without lim~aticn ill1Y loss of use, Toss of antidpa!ed profits, costs cr downtime,°' for substitute equipment, and any daims of Cuslamef's clienlele for service Interruptions or failure to supply.

11. Limited Lkense to Un Software. The CanJBlY grails Custcma-a ooo-erousive, ~ iCEJ1Se to use in the U.S.: (a) saftwam and acxxrnpa-1)1ng da:umlriation ~ IMlh Iha~ ("Base Sollware") "Mlh \\41idl tt was ddivered; 111d (b) soflw1nl 111d aaxmpanying d<nmmtation ide'!Had on \he COie( ?age as•~ Software" Cl1ly on any single unit ct E<p'JJlBII ftr as loog as OJstarKr is amnt i1 Ille paymEfl!, indudrl!I anr applcalE software ooense fee; (~ 111y). Third Paty Sar...ae may aso be OOlained unde' this AgleE!llEflt and may be sut¥!d to a separa1e End Use--l..io:B1se Agreenent. "Base Softwa'e, • • Aprjcation Sollwae, • and "Tlird P.-ty Software" am rerooa:t to cdledMlly as "Sollwa'e". Cusu:me-has no ojher rights and may na (1) <istrirute, ~. modfy, asate derivatives d, ~ or reo.81le engineer Satware; (2) adillate Sollware (ffi\.'E!"E!d IMlh the Equipnent in an inactivated stale; a (3) al<MI allera lo a,gage 1n san,e.

TIie to, and al neled.ul!I IJqie1y ~hts in, SalwaJe -.,1 reside saely wi1h eon,Jm>' aflCilor ifs ioensas t,,,flo v.i be <XJ19deed 1hird-party b8'le6darias ct !tis suOOEdon). The Base Sof\wa'e icmse \WI temlinale: (l) if C-uslcma-r,o blQfr lJ!IE!S er pcEseSSe11he EquiJmen~ (ii) Custaoo-is a lesser d the EquiJ11181t and ·ti first lessee no longer uses or possesses it; er (ii) L4)al the apirafoo of any instalmef1t P3)111ents under wl'ich Cuslonla-has rental a leased hi Eq.Jpnmt (uooss Cuslaner has ~en:ised a, option to purthase the Equipllent). Neither Company nor its licmsas waranlthat Sal!ware \Ml be free Iran emn «that its ~ wl be vnillemlpled.

12. Governing Law. This Agreement shall be governed by the laws af!he state of California without regard to 1he conflict of laws or principles ofsucll states

13. Erron.. The Company rese/Ves the right at its sole discretio,i to COITBCI derical and typographical errors In this Agreement

14. Severabllity. The invalidity in whale or in part of any provision of this Agreement shall not affect the validity of any other provision.

15. Modfficatfo ns. No madificatirn, amendmen~ a olher change shall be binding on the parties unless agreed to in writing by each party's authorized representative.

16. ~ The waiver of any breach of any of the terms and conditions set forth herein shall not be construed as a waiver al any other breach. The fanure of either party to exercise any right arising from any default of the other party hereunder shall not be deemed to be a waiwer of sud! right

17. Relitlonshlp. The relationship of the parties established under this Agreement is that of independent contractor and neither party is a par1ner, emploYf!e, agent or joint venturer of or with the other.

18. Assignment MY assignment of this Agreement by Customer without the prior written consent of !he Company shall be void and unenforceable.

THE CUSTOMER ACKNOWLEOGES THATS/HE HAS READ THIS AGREEMENT, UNDERSTANDS IT, HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND BIND THE CUSTOMER TO SAME, ANO AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. THIS AGREEMENT SUPERSEDES ANY PRIOR PROPOSALS, QUOTATIONS, OR COMMUNICATIONS, WRITTEN OR ORAL, REGARDING THE PURCHASE OF THE GOODS FROM THE COMPANY. THE CUSTOMER FURTHER UNDERSTANDS THE COMPANY !S NOT A PARTY TO AflY LEASING DOCUMENTS EXECUTED BETWEEN CUSTOMER AND THE LEASING COMPANY, AflD THIS AGREEMENT IS NOT INTENDED TO SUPERSEDE ANY LEASING DOCUMENTS, OR OTHER CONTRACTS OR AGREEMENTS WHICH CUSTOMER MAY EXECUTE WITH THE COMPANY. v092015a
SoCal Office Technologies
A Xerox Company
Initial~
Date-o/1/' 7

A Xerox Company

SOCAL OFFICE TECHNOLOGIES

SALES ORDER AGREEMENT

ADDENDUM
INSURANCE REQUIREMENTS:

1. COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance.

2. WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONTRACTOR and all subcontractors shal! maintain Workers Compensation Insurance in the amount and type required by law, if applicable.

3. INSURANCE AMOUNTS. CONTRACTOR shall maintain the following insurance for the duration of this Agreement:
(a) Commercial general liability in an amount of $1,000,000.00 per occurrence (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have a Best's Guide Rating of A-, Class VII or better, as approved by the CITY.
(b) Automobile liability in an amount of $1,000,000.00 combined single limit (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have a Best's Guide Ratlng of A-, Class VII or better, as approved by the CITY.

An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 4.3 (a) shall designate CITY, it's officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR.

CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY's requirements, as approved by the CITY.

An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, it's officers, officials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and XerOX i_) A Xerox Company

A Xerox Comp□ny
endorsement forms that conform to CITY's requirements, as approved by the CITY.

For any claims related to this Agreement, CONTRACTOR's insurance coverage shall be primary insurance as respects cm, it's officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, it's officers, officials, employees, agents, and volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it.

If CONTRACTOR maintains higher ;nsurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.

CUSTOMER ACCEPTANCE:

Aut'horized Signature
Print Name
t./2--d7

JA S EGGART
Asssta~ Attorney
City of Gardep Grove
DATED: ~ -I ...-()
-2-

SOCAL OFFICE TECHNOLGOGIES AUTHORIZATION
Dote
A11~t>1: ~ dnw~

TERESA POMEROY, CMC
City Clerk
01ty of Garden GroY!
DATED: :)Urr .e. a ,q(}! 7
XefOX i) AXeroxCompany

Sale Order Agreement • Schedule A
5700 War1and Drive, Cypress, CA 90630
Conlacl
Phom1/Fa,c
QTY
6 1
1 1
1 1
1 1
1 1
1 1
1 t
1 1
1 1
1 1
1 1
1 1
13 13
1 8
8 3
3 ·-•··
Sandra Segawa
714-7 41-5050
PRODUCT#
07AS001A1M5
WEFILE
097N02123
097N02121
097N02126
614N07682
614N07686
614N07687
614N07689
Versant BOB
097N02178
097S04060, 498K18310
097S04591, 497K14940, 497K10060,
498K18310
497N02107
497N03728
XC10BOOK /097S04050, 498K16310l
D11DCP
097S03574, 498K15381, 498K18310
097603929, 498K18310
097603941
D125CP
097603929, 498K18310
097S04171, 097S04120, 497K12TT0,
498K18310, 497K06850
097504539, 498K18310.

W7B55PT2
097S04166
097S04615
W7970P2
BRFIN {097S04617, 497K14380}
WC5875APT
097S04536
. 1.-.........
. ol-• 1 . ; •···~•.

Kay Op
Pnon8Jf81<

DESCRIPTION
Keith Winston
714-741-5096
NSI AutoStore Workflow Device License w/5 Years' Maintenance & Service Solutions Fee /install & lralnina-1 /2 hr. l
Plockmatic BM35 Booklet Maker
Plockmatic SQF50/35 Sauare Fold Module /Includes Installation l Plockmatic CFS0/35 Cover Feeder (inclu<SS installation) Plockmalic BMS0/35 Installation & Operator Training
Plockrnalic BM50/35 Shipping & Handling
Plockmatic S050I35 Shlooinn & HandllnQ
Plockrnalic CF50/3S ShiDDina & Handona
Versant BO
Xerox EX 80 Print Server {incl Fieiy s/w, Graphics Arts Basic Pkg & Impose) Interface Module, Interface Module Power Cord
CA
Two Tray Oversize High Gap Feeder (4K sheets, up to 13x19", up to 300gsml, UI Install Kit, Lower Dockina Bracket for OHCF, Interface Modu ie Power Cord
Graoh ic Arts Premium Packaae
Fiery Compose License Activation Kil
Light Prod C Booklet Maker Finisher V 2-3 Hole Pundi, 3K Stack, 100 Shi-Staple & 25 Sht Booklet Fln reauires the lnterfact Modulel, Interface Module Power Cord, TOD T rav Motor Uoorade Kit D110CP 1110 PPM B/W MULTIFUNCTIONAL)
Oversized Hiah Canacitv Feeder, Hl~h Capacitv Feeder Blower Kit, Interface Modu~ Power Cord Interface Module, Interface Module Power Cord
Staple Fln w 2/3 Hole Pnch, Post Process Inserter
D125CP (125PPM 8/W MULTIFUNCTIONAL!
lntertace Module, Interface Module Power Cord
Partner Finishing Interface Module, Standard Finisher (D5), DFA Enablement K"~ For E-Bind, Tape-Bind, Ploc:kmatic Pro Booklet Maker, Interface Module Power Cord, 3M Interface Cable Oversiled High Cai,acitv Feeder (2-Travl, Power Cord
Xerox WC7855PT2 (55 PPM BIW, 50 PPM COLOR}
Office Finisher LX /2K Sheet Caoacttv wl 50 Sheet Mull!--nosiUon Stac,lel Hiah Caoacitv Feeder( 2000 sh eetl
Work Centre 7970 Mu Iii-function Printer
Business Ready Finisher w/ 213 Hole Punch (3K Sheet Caoacitv w/ 50 Sheet Mulli--oosition Staple), Work.Centre 5875 Printer/Cooier {75 PPM 8/W MFP\-Must Add Catch Trav or Finisher Office Finisher, 2000 Sheet Capac:itv w/ 50 Sheet, Multi-Position Staple ::iUUUJtal
I
Sal e5 Tax 10 be Added Upon Invoicing
Delivery/lnstallatlo n

TOT AL AMOUNT
Less Payment (Check# I

AMOUNT DUE
All applicable Terms and Conditions as found on page 2 of the Sale Order Agreement apply to the hems listed above. 92842

UNIT PRICE TOTAL PRICE
t>CCL=l:it::.

SEE LEASE

SEE LEASE
m•m•~·-·~· •·-· .,,,,, • • .. ~ ...... ,.~
~
• ~nll!Ure!O Print Nmne Title 59'a11n Dam
c', ~ C. Q-il~ r1N u -· -·-
, 3/3/'i?
v092015a
' oJ
SoCal Office Technologies
A Xerox Company Page 1 ofl

Office
Te~ologies_
.-.p....,..~~ ......... llli,.. .....

SoCal Office Techolog',es • A Xerox Company
5700 Warland Dr, Cypress, CA 90630
800-769-2679
Akrw~

MAINTENANCE AGREEMENT
Bill TO
Customer Name: City of Garden Grove
Address: 11222 Acac"ia Parkway
Qty/ State/ Zip: _G_a_rd_e_n_G_r_o_v_e ______ CA ___ 9_28_4_2_ Phone: (714) 741-5050 Ext: __ _

EQUIPMENT LOCATION
Customer Name: City of Garden Grove
Address: 11222 Acacia Parkway
City/ State/ Zip: Garden Grove CA
Phone: (714) 741-5050 Ext:
---
92842

SERVICED DEVICES
SoCal ID Make /Model Serial Number
I I I [Kl SEE SCHEDULE A FOR ADDITIONAL DEVICES
Allowances
0 Copies, BW -------
0 Copies, CLR
-------
Monthly Payment
See Lease
Starting Meter

IBW/CLR)
Overage Rate Overage Bill"ing
Cycle Q
Location
See Attached Schedule A
Term: 60 months
Begins:
--------Ends:
0 Prints, BW Total Monthly ---..,,...---0 Wide Format
-------
Payment: ==S=EE===LE..,,A.,.S=E=
Prints, Flat Rate, BW
-------Production, CLR -------
Included Items
Notes:

I
Staples included
0 All inclusive (excluding staples) D MicrToner
This agreement shall be renewed automatically up0n approval by SOC unles, Custom,er notifie, SOC in wr~ing at least 60 day, prior to the termination of the agreement. custome, agrel!S to pay the then current rate at the beg;nning of each subsequent agreement period. Unles, stated otherwise all base charges will be billed monthly with any overages or peJ print/copy charges c,,lculated quart.,rly. Sc'!nner cover.,ge includes labor only and ls billed annually.

THE ADDITIONAL TERMS ANO CON Om ONS ON 111 E REVERSE SI DE HEREOF ARE INCORPORATED IN ANO MADE PA RT OF TH IS AGREEMENT. NO ONE IS AUTHORIZED TO CHANG£, ALTER OR AMEND THE TERMS OR CONDm□NS OF TttlS AGREEMENT UNLESSAGREEDTO IN WRITING BY BOTH PARTIES. BY SIGNING THIS AGREEMENT YOU ACKNOWLEDGE RECEIPT OF PAGE TWO AND AGREETOntETERMSON BOTH PAGES 1 AND 2 OFTHIS AGREEMENT.

SO-~-~-~E.l~~nostlc Ap131ica~~~ _____ ·-·-·
SoCal Office Technologies is committed to provide exceptional customer support during the term of this maintenance agreement. Obtaining accurate real-time equipment Information such as su pplv levels and meter readings is vital in providing this level of support. Installation of the SoCal 360 App will allow automatic meter acquisition, resulting in improved billing integrity and proactive toner management, including automatic delivery.

Accept installation? [x]vEs □ NO (CHECK ONE)
If not accepted, who is the designated meter contact
Name: Email: Phone:
--------------------------------------
In the event SOC 360 Diagnostic Application is not Installed and a SOC representative is required to visit your office to obtain meter readings an administration charge of $75 per office location per billing period ($150 for locations with 20 or more devices) will be added to your overage invoice.

Customer's Authorized Signature SOC Sales Representative SOC VP of Service Print Lori Simpson Wendy Hagerstr.and
Sign
Date
v102016a SoCal Office Technologies I A Xerox Company Page 1 of 2

TERMS AND CONDITIONS
AX..O,~

1. SERVICES. Througftout thl1 Aarument thm-words. "We," •our,• .ancl •u,~ refer to Companv. The wards "Y04J" and "'t'our" ~er to the customer tndic.-ted on the reyer.;e. Th~ A,a'1:'ement an,-en both the labor and materials ftiradjU$ffltenb, repair..,anl.'I rupla0:1"1t?rlt of p.iru nec:M~ttated ~ normal we-of the ~ulpment INd on the fa~ of this Agnttt:ment Sil!lnt5ctu. No,malb1alMH l'louR are McndavthrCMJ1h Friday, 8am to Spm.

S@NlCJ!.!i di:i not lndud@ tft~ following: {al ~Pl In. du@ to [0 mbwe, neg1e:~ er abuse lindudln1, wtthaut lirnttatOn, lmprcper \10bie or use cf 51.1ppl~ that d.D m,t tonform tt> the manuf.tcturer5 5pecffit:iftioos), ,ii) u5e of optklns, acm1sorie,t praducts, supplHn. net -provided by Companv: jm} nan-C.Cmpilny atterationsr relot.rUon, or service; llv) IO$S or-damaae tesuttln, frotn accidents. flre.r water, or th~ft {bj tnalntenain~ requested oLrtstde Cotnpiinv', tHJll'JJa!I busirle:S$ hou,s or thh. Ae~m~nt, (c.) r@oloc:atJol\-td) sciftwan! nr connected hardwa~, (1:) hard drive mplae11mant, (f) Mia Tener for La1er Printers (unllW otA1:rwla indialted on Uut front of this Aareementl, and parts and labor fer all non-later 1,1rinters, and/or (g) p:11ra for 5alnneB, A~plili:eme nt paft:5 milf be new. reprocesHd, 1Pr ~JN1nufactuted. Suppl~ prvvkJed bf ComJ;Jitn'Y are ln i(;t.l;lrdi!J n~ with the mpy valumE-1111t forth on the f1u:e: gf thls A&ret:me-nt and withfn the mam.tf.iict\.lte(s stcited vie kb ilr,d do r.ot ltltlude .¢1ple$. Suppl~ a~ to be used e,cclus~)r for thl'!! E.q1.dpn,t-,rt ahd remJln C.Ornpany praperty ur,til a;amumed, Vou will rewrn., or ;1llow Ctiin,pan-; to ~rtl!"JI!, :any unwt1d wi:ipHu al ttie te:rmlnatian/e1epln11Uan of thll A.gitem11nt You ant n:1;ponslble: for ttia mst of HCIIH wpi:ilM!1. Ycu auttMlrize: E.qui,::imt::nt 1CI bl! 00nnec:111d t:1:1 aLJ10matk meter rHd Ing sahwarc ■nd/or device er, tf we otherwiM: request. you wlll pr'O\ilide us with ac:a,rate meter readinss for each ttem of Equipme m when a rKf by sudl meilriS as ~ rr:qu~ lf ','01.1 do nat p~rmttthe Company to use i1U11PT'ni'Uk: rrieter readi"I ~ttware and/or devk:H. am,panv ma.y i:hargll! a mcnthP(fH for 1TU1.nually ~rfarmlnt: mt1ter rt1ad,. If -you do not prYWki& mlll!lflr N!l.ld!l 11 ~ulr@d1 campanv may e$timate ~ readl11t and tlUI aa;ording:ty. Yau 1hall prcvldlll! adequm space and el111c:trtcal s1uvk2 fer tM op1n·alion Df tha E1:1utpm1:nt ln acmrd•n~ wftt, UL and/er manufactuni:r'.s spedflations. SupJllil=s w~I be via UPS Ground. FDr ■II centracts im:iudlng mner a frelsht fee wBt be 1sscsscd based on 1i1olume af use, 5peciat pnxeni.nc f'ee.s may be ltdlde-d for ~nv Method other thara UPS Ground, Service ptOY!ded outside Comp.iiny'.s­ oomial busineu hP~J'S or for nonputer/t'll'!!twofi: lnul'!!J wdl be at CDmpanv hourly riilltlll!s in efflll!c:t al th1-time cf Servfca. lf, at anv tfffll!! during th• T•rrn of this A,rumlll!nt,, Customer upJl'illdt111 modffias.t or adlll eQUi~ment, Customlll!r .!ihall pron, Pllv notJfv CDmpanv. Comp1 nv malnulm the rt;nt to lnspttrt anv UP9rade1i .nd modffiatroru tD Equipment and/or ■cldition1 I e,quiprnern and, In fbi sol~ disaeU0n1 dete rmfne whether eciulpmant is: ell11hlt' for Servi~. If uppfVVed~ tne Aa:reement wUI be ilmencled to In.dude sud, thances. it1dud1ri1111ic:Jns mocHflcatioJ'IS. Un~ oth,e-rw{$@o aerel!d to Ir, writlr,e, Clutorner tl!!malr,s !5.D~ly tl!!sponslble for .ttW ilnd all CUstorner ditta stof't!od wtthin the Equfpment and the rem ova I of 1udl data upon removal of Equipm1tn\ er 111:rmlMtk:ln cif thfs A1reem1nt.

2. TERM AND PAYMENT, Exo::::s:it u otherwise provided for herein, thi5.Agleement in no,.-ain~lable 1u1d will eommi!pct!, an the, rtart da~ Indicated 0" th@ face, of this Aar~,rnl!nt ar-i:t remarn in l!ffeiet thrcugt-lout lt'IIII! Term, tn Ule e~nt thlll! fffs i"li!l'l!-ln i'lll"III! Included jn your l!ase pavmll!ln~ tl'le Tll!lffl'II shall bqin en thll start d11& and a:intfnua ttirou1h the-eii:plralicn/termlnaticn cif the L.eaa Agrttttment. 11,e meter courrt et fn:mtlio1ion Of, ln th!-i::ase Df owned pn·nte~ at assenment. wm be wed fur 1PVera~ calculations, Unleu ncUfied In writing s~ 160) day-5 prior to tu e;w;pi,ati·ot\. thl5. Acteement shall autt1mi1tically ~new for additional onl! (1) ~ilr '?l'r1od.l.. VDU a1ree tc-piyCompilny the Minimum Montliti,, Payment and arl othet sums.'llllhen due and payable. The Minimum Month}v Pay~nt l!!ntl~ vou tc Se,n,u.! for a specific numMr a.nd tvpe, 11111!. btack & whit!!, coli;,r, scan} of Prtnu/CoplH a!. klentfflll!!cl on the ba cfthb. Ag,w-ement ■nd wm be l:iill1d In advance. In addrtlon, Yo11 qree to pa-,i the Overa1e Rate for e1c:h Print/CoPV that exceeds the-applicable number artd type af Pnnts/Copie, pruvided In th• Minimum Monthly Payment whit!, amount ,hall be billed in""""" and i, poyal>le •s lndbteo on the t.,c:e of tMs A«reement A Pnl>t/Copv is deflneo ., stand•~ 8.S,ul mpv (larger••• copiles mi\' re•i.st:ertwo meter elicits). N~ credt wUI be-i!l~pl5ed towards ur11,1!td copfH/print.J. Ycur oblignk>n to pay-all 5urru when du@ shall~ absolutlll! and unmndttlon.al and l!. not 1ubJffl to anv abatement.. offset. d.t"t~SI!! 01 countlll!rclalm. If any p:ayment Is not siakl within 10 dil'i' of tu du1 daUt, 'l'DIJ will ?IIV • late dwriie: not tc e11t:Hd 7" of e1ch late p.11vment (or such lesser ~te u ii the m■xlmu m ullow.tble by Law). Company hu the! rqht ta withhold servla: ;,nd supplff:l, wlthaut ~ttll.lfk, fur illlf tlgfl-µaytnent. Uflles.s-~nwlse state ti 011 the face of thl.!l AgrMment, Compan,, rn.a'f' lrie1usl'!! tM Bue Cha t1e at1d/or th! O>Jen1e R.1tu on an annuaf bilsjs1 In an t1mount not lo e11ceed l.SJ'. Corn~ny retain, the right to have ~II or semi! of the :amounts due hl!l"lll!under bl1~ a.nd/ar aillect@d by third part le.!.. If Customl!r r.qull'!:S any 5pecfaliled bWlng ;mx:2dull! or jnvaidn1, Ccm~nv rlll!illl!l'VH 'lM right 10 b[II an aclmlnlstnt'-le: faa not to e:iu:eod. S1Cl0 per lrwolce:.

3. TAXES, Paymi:nts ilre eXt:lw-i~ of all .stilte ah(! local sales, U!e, e:ll:ci!e, prht!~@ and slmUarta:tH. You wm p.t'I' whlll!n du@1 @ltlierdlrectlv or to Us upon elem.an.di all t.ax@.!~ flnes ~nd penalt5u ri!latln1 to this Agr.11m@nt that .a r@ now er In th!-futur. .usH&eel or Wtil&d,

4. WARMN'IY: Vou adcnowlo<IJ• tl\at tho Equlpmont """''ocf bv 1h11 AgrHmo nt wau• lo<tad bv You buec! upoo your own jud1me nt. <.llMPANY MAKES NO REPRE5ENTATION5 OR WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRlmN, INCLUDING, WITIIOUT UMITATION, IMPLIED WARRANTIES OF NON-INFRtNGEMENT; IMPLIED WARRANTIES OF MEROlANTABlU!Y; OR. FITNESS FOR A PARTIOJIAR PURPOSE, AU. OF WHtot ARE SPECIFICAU.Y AND UNRESERVEDLV DCLUOEO. IN PARTICUIAR, BUTWtlliOLJTUMITATION, NO WAAIIANTY IS GIVEN ™AT EQUIPMENT IS SUITABI.E rQRPURPOSES INT£NDEO l!YCUS"TOMER.

5. LIMITATION OF LIABILITY, In nc 1twnt,, 1ka!I Companv be lilb~ for any indirect, 5Pf:Ciat lncidentil or consequential dama1es (indvdin& loss profits) whether based in contrilct.. tort, or ilny other lesal lheary and iespect;We of whelher Campi ny ha~ notice IPf the p(>5$lbnlty of such tlamag,u.

6. DEFAULT; REMED1 ES: Anv of 1he following civenll er condttiom-shall wrutf'hate-un bi=nt of Oehl utt under this; Asreement: (a) failu n=-to m.ke payment when due of itnv indebt~neH to Com~ n-,i or for the Eiquipme-nt, whether or not arisln,. undet th~ Acreement. wltt'l<ltit r.i:rt~ or dernantl by Cziimpany; (bl breach by you of a.nv cblllatlon he-r@lni or (i:) If you ~ue doing bu1inen as a 1orng concern. If vou ds!-fauh.. c.ampanv may: (1) N!qulrlll! futu rill! ~rvii:1'£. lnckJdin, a.upi,tlu to be paid In adv a nee, (2) r9q uirw vcu to lmmn:dl1telv Pl¥ the ■mount of the ~milinlna: unp.kl bi lance of the "41reement, (3) termr n1te ii ny ind m-11 illllreements w Ith 'l'O\l~ ii ml/or (4) s,unue 1r,y nther remedy permltte:d at law o,r in eQuity. In the Event 0f Oef.lult, remilinina: p;1yment ilmount.s-due will be c:ilwlilted usin1 t~e i1vera1e af the last si111 month billin,g: period, er the liic;e value cf the Aa:~ment.. whk:hevet b gn:<1\et, rni.JltipM'd by the l't!rriaiinlri& n.oritM ar thll!!: Agre,a,ment. You a1ree th3t any di!l:!1y or fallu,. cf C.Ompanv to lll!nforce tu righn under thl!. Aan!l!ml!!nt does nat ~r~l!nt Campany from enforci".g anv suc.h filht at ii later 1fml!. All nf Campany', rightl Bnd ~madle:s :i;urvive 1he: tii::rmin1tfon of 1hls Aa;lft'meot, In the C"vent of .ii di.lputc-ilrf.1in1 cut of thl5 A£rttment er the EqLJ ipment li51cd. hen:!(\ stKJ1.1ld it prc:va II, Com piny s:ha" be C"ntided to collm~n of ib rea50nable costs and anome-y's fees lr,turred i11 defend ln1 er j!nfordna, this A&ri!l!ITN!'nt, whether or riot litif:atio11 is commenc~.

7. ASSKi NM ENT: You ngy not sell1 1r1 nder1 er 1u1&n thf.s Agrtteme:nt without the prier written cement of Companv. Ccmpi nv milY .selL anlan Of transfer this A,reeme nt.

I. NOTICES All rwtices requited or permitted under this AIP'ffment shall be by rqb~r~d m1U 10 .wch party .at th! addnl!!ss ~• fcrth In this AgrH-ment,. er al :such other add,ess a1 JtJch party may-dL!!.fgnat! in writing from tlrM to tlma. Anv natJCI! fr0m Comp■ rft/ to you ,hall be effltct~e three dav1, after It h11, been depos;ted in the mail rJu Iv add re,$ed, AU suc;h m:iUc:et to Comp,iny from VoU shall be effecthile ii her It has been ~elved via reaisterecl U..S. Mall.

9. INDEMNIFICATION. Yo11 are re1,porniblt1 fDr ■nd qrtt tc rrtdrmnffy 1nd hold U.1 harmleu from, any 11nd all [,1) Kl~H"S, dt1maa:es, pemlt~), clarm.s, suits and .iltt.ions (co!lectNety, C:laimsl whether hued en iii theory cf contrilct, tort. st net liabMity cf otherwl5i: ccuJ~d by o, related to 'fc~r use or po$$e.5$IOn af tho!!: [qu lpmi!'nt. and (bl llD cru.n and anorneY.s. ftt!. lnaJrr@d by Us rl!!lating to such ielaim.

10. FAX EXECUTION. A fa:iutcl or 11lertronlally transmitted "'etlicn cf th~ A,ereemrnt mav be a,n.5Jderecl the o,i9h1vl arid you wm net hiije the rifht to challenae in court 1he .tutheotidty er biPdln1 effect of a.-,y faxed Qr !i(:ilr,,~d C:CJJV or stnU,.HI'!! thetl'!!on. Thls Agt~n,e nt may bC! !5.(ened In ccunt@rparu ancl all t.0ur.te-rp:3rt!l. will be u, n.!iidet!d and constitute-tl'le um~ Altl!!lll!mt! nt,

11. MISCEUANEOUS. (al Che~• of !Jlw. Thi, Agreemer>I ,h,11 be l""•med by the laW> of the ,tale cf a.lW0<aia ("ithoul n,10,d lo the wnfllct <JI' low, or principle, of >ech ,t>le,); lb] Jury Trlil-VOU EXPRE~Y WAIVE lJUAL 13Y JUft:Y AS iO AU ISSUES Af\lStNG OUT OF OR Ft[LATEO TO THIS AGREEMENT; (c) [ntlre Aareeml!!nt. Thi.J Aarelll!mflnt c:on"ltutu the entire-.1g,reernent betw@l'!!l'I thit part.ll'!!s and supe-ri~•s all ptlor .aarttmll!!!nts~ pn,powl1 or M,IOl~tion!., whllth111 cl"BI or written; ldl Enfc,rc.aabn,ty. If any sin,vi1,lon of tt-liJi Af:~m1mt ls LJn~nfo,ceable, me1.tl er inviilKI, the ~malning: prgviJilcns wm remain In full fo,c.e and effKt: (el AmC"ndmel'\b..

Thl~Aarecm11nt mav not be am1:nde:d er modfficd HCC-pt Ir;• wrttina: sjJned byth,e-parties; pr'O\ilided you agree thilt v,,c are authoJized, without notru: tc ycu, to suppity mlssil'II rnfcnniltfon orconett obvious errors proYicled thal such change does oot materfi!llly alter '(OUr obligatioruj (fJ Farce Majeure, Camp.a~ shall not be rHpot11!bl~ for dirlav.!. ar lnablllty 10 seNice c:aund dltl!!ctly or !ndlrectty bv strlk.H, ar:4::ktenll, dlmat~ m11d!tiom1 part! availab~tty, unsafe ln~el ccndltlons, or other n1:a1on1 be-;orMt our control; (g} Company has the fllht to modffv/wrrc:ct ,1ny c;lerlal erro.t5, ~ESEGGA
-City Attorney
City of Garden ~ove
DATED: f -(1
v1O2016a
A Tl t:::, r: ?ft,1, 1,/t, ,£,ft}

TERESA POMEROY, CM
City Clerk
City of Garden Grove
DATED: )utL-t ~ ~12
Initial~
SoCal Office Technologies l A Xerox Company Page 2 of 2

Old Ricoh SoCal ID
Ricoh MP 1357EX
Ricoh MP C651
Ricoh MP 1107EX
Ricoh MP C5502A
Ricoh MP 6001SP
Ricoh MP C5502A
Ricoh MP 6001SP
Ricoh MP 6001SP
Ricoh MP C5502A
Ricoh MP 6001SP
Ricoh MP 6001SP
Ricoh MP C5502A
Ricoh MP 6001SP
Ricoh MP 6001SP
Ricoh MP C5502A
Ricoh MP 6001SP

SOCAL MAINTENANCE AGREEMENT

CITY OF GARDEN GROVE - SCHEDULE A
Starting Meter
Make/Model Xerox Serial Number Black & White Color
D125
Versant 80
0110
7855
7970
7855
7970
7970
7855
7970
7970
7855
5875
7970
7855
7970
Location
City Hall-Reprographics 2nd Floor
11222 Acacia Parkway
City Hall-Reprographics 2nd Floor
11222 Acacia Parkway
City Hall-Reprographics 2nd Floor
11222 Acacia Parkway
City Hall-Personnel 2nd Floor
11222 Acacia Parkway
City Hall-City Clerk 2nd Floor
11222 Acacia Parkway
City Hall-Econ Dev 3rd Floor
11222 Acacia Parkway
City Hall-City Manager 3rd Floor
11222 Acacia Parkway
City Hall-Water 1st Floor
11222 Acacia Parkway
City Hall-Engineering 1st Floor
11222 Acacia Parkway
Community Meeting Center
11300 Stanford Avenue
Juvenile Justice Center
11301 Acacia Parkway
Fire Department
11301 Acacia Parkway
Central Stores
13802 Newhope Street
Police Department {Gang Unit)
11301 Acacia Parkway
Public Works Main Office
13802 Newhope Street
Public Works Portable
13802 Newhope Street

, Police Department {Records)
Ricoh MP 7001SP 5875 11301 Acacia Parkway
Police Department (Records)
Ricoh MP 7001SP 5875 11301 Acacia Parkway
Police Department (2nd Floor)
Ricoh MP C5502A 7855 11301 Acacia Parkway
Police Department (1st Floor Report
Ricoh MP6504SP 7970 Writing)
Housing Authority
Ricoh MP C3002 7855 11277 Garden Grove Blvd
Housing Authority
Canon 2003 7855 12966 Euclid St. Suite 150
Cable TV Production
Ricoh MP 2852 7855 11277 Garden Grove Blvd
Magnolia Family Resource Center
Rioch MP 2852 7855 11402 Magnolia Street
Buena Clinton Fam!ly Resource Center
Separate 7855
Public Works Water Services
Ricoh C5501 7855 13802 Newhope Street (SN?)
Senior Center
Ricoh C2550 7855 11300 Stanford Avenue (SN ?)
Customer Authorized Signature SoCal Office Sales Represtative SoCal VP of Service Print Scott c.. -s.-l-il~
Signature A-~-~
Date
ATTES rf~~UA ~~
TERESA POM;ov. CMC
City Clerk
City of Gar;'z:n Grove
OATEO: 1 ~ S-,ot,J?

xerox€)

ADDENDUM TO MAINTENANCE AGREEMENT FOR FINISHING PARTNER EQUIPMENT SERVICE THIS ADDENDUM ('Addendum') amauis the Maintenance Agreement ('Agreement') between CrTY OF GARDEN GROVE rcustomer' or 'you') ancl XEROX CORPORATION ('Xerox') daled June 2, 1017.

The patles agree to the fol~ng lenns shill apply lei Xefl))( seNice ('Flnlshlng Partner Equipment Service') of the lhitd-party equipment ldenti§ed on the face of the Agreement (Finisting Partner Equpmant, and shall be 9dciliw to lhose found elsewhere in the Agreemenl:

1. The folloWlng lerms shall be Inserted as addltlonal provisions of the Agreement FINISHING PARTNER EQUIPMENT SERVICE. Xerox shall maintain the Finishing Parlner Equ!pment In good workng order, as folows:
a. Unless olhelwise staled In the Agreement. Finishing Partner Equipment Service win be provided d~ng Xerox's standard v.()l'ldng hours (excluding Xerox-recognized holidays) ln areas v.tlhln lhe United States, Its lenitorle.s, and possessions r;ipen for repair service for lhe Flnisling Paitner Equipmenl at Issue. You agree to {Jive XerDlC reasonable ai:cesa to the Finishing Partner Equipment Finishing Partner Equipment Service shall CCMlf repair& and adjustments required as a result of normal wear and tear or delect5 In materials or \Wfkmanshlp (and shaD exclude repairs or adjustments Xeioir detennines 10 relate to or be affeclect by the use or options, accessories, or other connected praduds not servk:ed by XefOIC, as well as any non-Xeroic alteratloN, relocalion, service, supplies, or C0f15Umai:R&). b. Xerox shall perfann scheduled maintenance at such Umes agreed ta by both parties al each Flnlsh-,g Partner Equipment locatlon.

Scheduled mainlen&llCI! shal be parfmmad as specified In the Finishing Pamer Equipment SeJvlce Documenlatlon. c. Xerox shall replace parts that are unserviceable as determined solely by Xerox-on en exchange b8llls wilh new or perts eqiivalen1 to new In performance when used in the Finishing Partner EQulpmenl. Addltionally, parts may at times be replacecl wilh an equivalenl Uem (Le. form, 1ll and function the same. but not necessarly the same brand as the replaced part). Elrchanged parts removed from lhe Finishing Partner Equipment Wil become lhl!! property or Xerox.
d. Customer shall perform Key Opintor malnlenance functiDI\S as described In the Finishing Partner Equipment operator's manuals. e, Xerox shall use only quaflfied Customer Sel\llca Engineers fully !rained on maintenance requiremenlS and operaUan of the Finishing Partner Equlpment. •
f, Customer shad notify Xerox of the Finishing Partner Equlpmenl failure and shal provide adequate worldng space. heat. light, ventilation and electrical a.11ren1 and oullets.
g. Xerox shall respond within lhe lime penod specified In lhe Agreement If any. h. Cuslomer shal place unsdleduled maintenanc:e requests by cal&ng Iha Xlilf'OX 5efvice telephone number provided by Xerox.

I. Xerox shall not be obligated to provide 1he following services under these Finishing Partner Equipment SelVices terms and conditions:

1. Addltlonal or optional retrofits.

2. Services as a result of Flnlshng Partner Equipmenl relocaUon.

3. Exterior palntinJJ or rellnlshing.

4. Repair for damages iesulling frnm Customer r\egled or abu5e.

5. Performance of nom,al key openitor fUnctlons as described in Iha Finishing Parmer Equipment operator's manual&.

6. F.-.lahlng Partner Equipment racondilloning

7. Repair ar software (other than replacement of firmware).

J. Customer agrees lo make 8\lalable key gperalC1111 or a systems aclmlnislrator lor lhe Flliish!ng Partnef Equipment. Training, If any, ...,;11 be provided in accordance with the applicable Price List In effect on the dale Xeroir accepts the Agreement:
k. 'CU5tDmer represents that each nem of Finishing Pa,tner EqUipment has a manufacturer's serial number and will at all times be localed in fa c:5tles whlch meet all applicable health, envlrom,ental and safety standanis.' COMMENCEMENT. RENEWAL AND TERMINATION.
a. i. II the Finishing Panner Equipment is being acquired by yoU under a XeroJC Lease Agreement ("I.ease'). lhet'l lhe Agreement and these Finishing Partner Equipment Service tanns and condlllons shal become eft'eclive upon acceptance of the Agreement by Xerox and shall remain In effect ror !he Initial term of the Lease. and i. If lhe Finishing Par1net Equlpmenl ts being acquired by you under a Xerox SalelMalntenanai Agreement ("Sale/Maintenance Agreement'}, then the Agreemenl and these Flrishlng Partner Equipment Service lerms and conditions ahaU be~ effective Upon acceptance of the Agreement by Xerox and shall remain In erfect for an Initial term or twel11e (12) calendar momm (both the foregoing descrtbed lnltlal tenns are hereaner referred to as the "lnldal Temn.

Addendum to Malnlenance Agreement Page 1 of 3 for Xerox OIJOle ID:71659

xeroxf)
b. I. If the Anishing Panner Equipment is being eaiLired by yoi, under e Leeae, unless llithltf party provtdu notice at least 1hirty (30) days before the end of lnlllal Term of 115 lnlenlion not to renew the Lease and the Agreement. lhen, upon expiration of lhe Initial T em,, the Agremanl \liill ba renewed ai.comallcaly on • monlh-to-man1h basis at lhe same price, lerms and ~Ilion& and blling frequency as the original Agreement During !hi$ renewal period, either party may lanninale the Agrnmen'I upon al least lhlrty (30) days notice. 11. 1f the Anilhlng Partner Equipment Is being acquired by you under a Sale/Maintenance Agreement, upon explralion of the lnlllal Tenn.this Agreement ahal be automatlcally renewed for successive penod1 of twelve (12) calendar rmn1hs on each expiration dale, unlen wril1en natlce ol tenninatlon 15 pl"Ollide by eilhar party ID the crlher et least lhlrty (30) days before the end of Initial Tmm of ~ lntenlion not lo renew.

Pricing for this renewal lemt shall be based on Ille prices llllled on !he Xerox Ptice Lisi for Finishing Partner Equipment Service !hen In efl'ed.

The foregoing notices shaD Ila given u provided In the Sedlon afthe Agreement enlllled "N0Uce" and ander Sub-Sectlon (e) below. c. Should Cualomer lenninate the Agreement prior lo the expiration Df the lnillal Tenn, Customer shall purchase from Xef'Olf, at the applicable Xerox and/or Finishing Partner pubished prices, all parts and technlcal doannentalian for C1.1Slomer's Finishing Pa11net ~ipmenl in Xerox inllenlo,y on the effedl11e elate ol tennlnatlon. d. If the Finishing Partner Equipment Is being acquinld by you ts\der a Sale/Mainlenance Agntement. !hen either party may leimlnale lhese F'mlshlng Partner Equipment SeNic.e lerms and ccndllioru under an Ag,eemenl at any lime. wl1h or wilhoul cause, by prollidlng the other party with one hundred twi:nty days (12D) prior written nollce of temlin111ion. e. NotwithStancllng the Sedlon of the Agreement entitled 'N olices,' aD nolw required to be i;en\ 10 Xerox under the Agreemenl shall be maled 10:

XEROX CORPORATION
1301 Ridgeview Dti11e
Lewisvlle, lX 75057
Fax -800,,407-&430

PRICING
a. Charges for Flnlshing Partner Equipment Selvtces under the Ag111ement shall be based on the prices listed on the Xerox Price U&t for Finishing Partner Equipment Service ln eft'ecl al lhe time the Customerexecules Ille Agreement b. If Prick'II F"111ed fat Tem, is identified In the Agreemenl, lhe amount you pay Xerox lo maintain the Finishing Partner Equipment shal not Increase during the Initial Term. Otherwise. Xerox ma)I change Brr/ of the prices or lhese Finishing Partner Equlpmen1 Service terms and conditlgns upon thirty (30) days priorwri!len IIO!ice 10 Customer. Anf such changes wil be elfeciive at the commeneemel'II of lhe next succeeding Finishing Partner Equipment Service lerm In lhe Agieement. Any price Increase will not exceed ten (10%) pen:ent of the lhen current price.
c. Finishing Pa11ner Equipment Service activities performed outslda the saipe of lhese lerms and conditions, Including, but not limited, to wet1kend service, key operator runctlons, product enhancements and engineering ch11n9es. wil be billed on a Ume and meterial5 basla at lhe Xerax rate in effect al the lirne or such senrice.

WARRANTY DISCLAIMERS Aside ftom Xerox' abligatlons to provide se1Vice !or Finishing Parlner Equipment In accordance wllh this Addendum, Xarox makes no other represl!ntalions or w&IT8nlies relative lo such service, IIXpn!SS or Implied. XEROX EXPRESSLY Dlsct..AIMS Atf'f lt.lPLIEO WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATIVE TO SERVICES PROVIDED HEREUNDER.'
Xercx shat not be llable for tne l08S or any dala as a resull of perfomllng services .hereunder, and Customer shal ba responsible for an nec:ess11ry or desired dllla back up. This limilalion of liabllity shal be In addition to lhe Umitetlon of LiabDity provisions conlalned In ltle general terms and conditions of the Agreement'

2. The Sections or the Agreement entllled 'Basic Services' or 'Maintenance Services,' 'Repairs And Parts,' 'Hours And Exclusions,' lnslllDalion Slte & Meter Readings,' 'Equipmeol Replac:emenl,' 'Cartridges.' And 'PcMforksteUon Requirements,' 'WarranlY Disclaimer & Waillers,' 'AsslgM!ent,' 'COmmencemem & Expiration,' 'Renewal.' ('SoftWilre License.' Software Support,1 and 'lnteledUal Property Indemnity,' of lhe Agreemenl shall be deleted.

Capllallzed terms !hat are nol defined In this Addendum shall have the meaning assigned to them In the Agreement. Except as set forth above, lhe Agreement shall conmue In fiJl1 force 11nd effect. In the event of a conllic:I between lhe tenns of the Agraemenl and this Addendum, 1h15 Addend1.n1 shall control.

XEROX CORPORATION
Br. ______________ _
Name:~--------------
11~---------------
Dale:, ______________ _
04/20/12 REB
Addendum la Maintenance Agreement Page 2 of 3 for Xerox QuQle ID:71 !159

xerox()
FOR INTERNAL XEROX PROCESSING INFORMATION ONL V: The Agreemenl (plu5 these Flnishing Pannar Equipment Service Terms and Condllions) must be submltted for prnCBSslng to:

XEROX CORPORATION
1301 Ridl1!Ylew Drive
Lewisville, TX 75057
Fax -800-407-8<130
ATTEST: %@ ~
TERESA POMEROY.CM
CltyClerk ..
pity of Garden Grove
DATED: J4w u, Jv,·1
Assistant City Attorney
City of Gardtn Grove
DATED: -I, .. f 7
Addendum to Maintenance Agreement Page 3 or 3 for Xerox Quale ID:71659

____,
I AB-RD• CERTIFICATE OF LIABILITY INSURANCE

DATE (MMIDDIYYYY)
05/16/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pDllcles may require .,in endorsement. A statement on this certlflcate does not confer rights to the certificate holder In lleu of such endorsement(s).

PRODUCER ~:ifr Marie Bearden, CIC CISR
Seacrest Partners, Inc. rA~W~J_ -·-·· 4c+sa2-s61a I ~~ No•: 404-602-5661 6525 The Corners Pkwy Ste 500 ~~~ss: Marie.Bearden@Seacres\Partners.ccm
Peachtree Corners, GA 30092-3352
INSURERISI AFFORDING COVE"A"E NAIC#
INSURER A :Hartford Fire Insurance Comoanv f--i+ XV 19682 INSURED INSURER B ;ACE Pronel"III and Casualtv lnsu.,.nce Coni'n,mv ·~ V 20699 SoCal Office Technologies, Inc.

INSURER c :Trumbull Insurance Comnanv H+ Y\/
)
5700 VVa~and Drive 27120
Cypress, CA 90630-5030 INSURER 0:

J
INSURERE:

INSURERF:

COVERAGES CERTIFICATE NUMBER· BXQDAU3B REVISION NUMBER·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT rn·ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
LTR TYPE OF INSURANCE ':'.~!'.!' I~.'!.~ POLicY NUMBER r~~g~ IM~g~, LIMITS A X COMMERCIAL GENERAL LIABILITY 20 CSE S:24102 01/0112017 01/01/2018 EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE []] OCCUR ~;~i~ '1E~"t~!;',.,,..ce' '$ 500,000 X Cont/actual Liability MED EXP (Any one person) $ 10,000 -X X PERSONAL & ID/ INJURY s 1,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~
POLICY□ mg: [I] LOC PRODUCTS -COMP/OP AGG $ 2,000,000
OTHER: · $
A AUTOMOBILE LIABILITY 20 CSE S24103 01/01/2017 01/01/2018 ~ ~INGU: LIMIT $ 2,000,000 Ea accident
X ANY AUTO BODILY INJURY (Per perS()n) $
-ALL O\M,I ED -SCHEDULED X X AUTOS AUTOS BODILY INJURY (Per accident) $ >--
x NON-OWNED r~~~t~MAGE X HIREDAIJTOS AUTOS
$
>-->--
Comp & Collision $0 Ded
B X UMBREU.A LIAS
~
OCCUR XOO G27938243 002 01/01/2017 01/01/2018 EACH OCCURRENCE s 20,000,000 -EXCESSUAB CLAIMS-MADE AGGREGATE $ 20,000,CCC
DEO [ X I RETENTION $25,000 $
C WORKERS COMPENSATION 2C VI/N S24100 01/01/2017 01/01/2018 X I !,.~~. rTC I jOJ~- ANO EMPLOYERS" LIABILITY . Y/N
ANY PROPRIETOAJPARTNER/EXECUTIVE □
X
EXCLUDES MONOPOLISTIC E.L EACH ACCIDENT $ 1,000,000
OFFI CER/M El\'ll!ER EXCLUDED? NIA STATES
(Mandatory In NH) EL DISEASE· EA EMPLOYEE $ 1,000,000
~~St~iPTf~ '8't6PERATIONS beltJN EL DISEASE-POLICY LIMIT s 1,000,000 $
$
$
$
$
DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Addlllonal Remark• SchB<lul•, may b9 att.ochad If more apace Is nqulred) City of Garden Grove, its officers, officials, agents, employees, and volunteers is/are an additional insured with respect to general and automobile liability coverage as required by written contract or agreement with respect to sales and service of equipment and supplies by SS~Cal Office Techn logies, Inc .. General Liability coverage ls primary and non-contributory where required by wrttten contract or agreement. ................... ~
...
132
• Oa 5·-ll /1
J? ,/ ./I/ / • lJY}. , bj
RI .. t / I /I'
CERTIFICATE HOLDER CANCELLATION 7/ (/

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

City of Garden Grove, its officers, officials, agents, employees, and volunteers AIITMORIZEO REPRESENTATIVE ~
PO BOX3070
Garden Grove, CA 92842-3070

ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD

Po'iicy i ,20 CSE S2410l
' '
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED AND

RIGHTS OF RECOVERY AGAINST OTHERS
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
A. Any person or organization whom you are required by contract to name as additional Insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section II -LIABILITY COVERAGE.

8. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition -TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable.

Form HA 99 13 01 87 Printed in U.S.A.

I '
POLICY NUMBER: 20 CSE S24102 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED -DESIGNATED

PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s) Any person or organization from whom you are required by wrttten contract or agreement to name as an additional insured.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II -Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury" caused,
in whole or in part, by your acts or omissions or the
acts or omissions of those acting on your behalf:

A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or
rented to you.

CG 202607 04 © ISO Properties, Inc., 2004 Page 1 of 1

I '
POLICY NUMBER: 20 CSE S24102
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDMENT OF OTHER INSURANCE CONDITION -

SCHEDULED ADDITIONAL INSUREDS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)Or On:ianization(s):

ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO NAME AS AN ADDITIONAL INSURED.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

With respect to insurance provided to the additional
insured or insureds shown in the Schedule,
Paragraph 4. of Section IV -Conditions is replaced
by the following:

4. Other Insurance
If other valid and collectible insurance is
available to the additional insured for a loss we
cover under Coverages A or B of this Coverage
Part, our obligations are limited as follows:
a. Primary Insurance
(1) Primary Insurance When Required By
The Additional lnsu red
This insurance is primary if you have
agreed with any additional insured or
insureds shown in the Schedule that this
insurance is primary. If other insurance
is also primary, we will share with all that
other insurance by the method
described in Paragraph c. below.

Form HS 20 07 12 10
(2) Primary And Non-Contributory To
Other Insurance When Required By
The Additional Insured
If you have agreed with any additional
insured or insureds shown in the
Schedule that this insurance is primary
and non-contributory with the additional
insured's own insurance, this insurance
is primary and we will not seek
contribution from that other insurance.

Paragraphs (1) and (2) do not apply to other
insurance to which the additional insured
has been added as an additional insured or
to other insurance described in Paragraph b.
below.
b. Excesslnsurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:

© 2010, The Hartford
(Includes copyrighted material of Insurance Services Office, lnc., with its permission.)

(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or similar
coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you or
temporarily occupied by you with
permission of the owner;
' (3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented to
you or temporarily occupied by you with
permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section I -Coverage A -Bodily Injury
And Property Damage Liability;
(5) Property Damage to Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or the
use of elevators to the extent not subject
to Exclusion j. of Section I -Coverage A
-Bodily Injury And Property Damage
Liability; or
(6) When You
Additional
Insurance
Are Added As An
Insured To other
That is available to you covering liability
for damages arising out of the premises
or operations, or products and
completed operations, for which you
have been added as an additional
insured by that insurance.

When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any "suit" if any other
insurer has a duty to defend the insured
against that "suit". If no other insurer defends,
we will undertake to do so, but we will be
entitled to the insured's rights against all those
other insurers.

When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self­
insured amounts under all that other
insurance.

We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach each
insurer contributes equal amounts until it has
paid its applicable limit of insurance or none
of the loss remains, whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.

Form HS 20 07 12 10
BXQDAU3B

' '
POLICY NUMBER: 20 CSE s24102 COMMERCIAL GENERAL LIABILITY CG 24 040509

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO NAME AS AN ADDITIONAL INSURED.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV-Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products­
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.

CG 240405 09 © Insurance Services Office, Inc., 2008

.111 .....

BXQDAU3B

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF OUR RIGHT TO RECOVER

FROM OTHERS ENDORSEMENT
Policy Number: 20 WN S24100 Endorsement Number:

Effective Date:01/01/2017 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: GLOBAL IMAGING SYSTEMS, INC. 3903 NORTHDALE BLVD, SUITE 200W
TAMPA, FL 33624
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

SCHEDULE

ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US.

Countersigned by _____ 6._~ __ £_._Ce_M._-z:r._~ ________ _ Form WC 00 03 13 Printed in U.S.A.

Process Date:

Authorized Representative
Policy Expiration Date:

BXQDAU3B

City Council Minutes
May 23, 2017
AWARD OF A 60-MONTH LEASE AND MAINTENANCE CONTRACT TO SO CAL OFFICE TECHNOLOGIES FOR 27 MULTI-FUNCTION COPIERS
(F: 55-So Cal Office Technologies)
Following staff presentation and City Council discussion:

It was moved by Council Member K. Nguyen, seconded by Council Member Klopfenstein that:

A 60-month lease and maintenance contract be awarded to So Cal Office Technologies for 27 Xerox multi-function copiers in the amount of $644,869.55; and
The City Manager be authorized to sign the lease and maintenance contract on behalf of the City, and make minor modifications as appropriate thereto.

The motion carried by a 7-0 vote as follows:

Ayes:

Noes:
(7) Beard, O'Neill, T. Nguyen, Bui, Klopfenstein, K.

Nguyen,Jones
(0) None

Agenda Item -S.a.

City of Garden Grove
INTER-.DEPARTMENT MEMORANDUM
To:

Dept.:

Subject:

OBJECTIVE
Scott C. Stiles From:

City Manager Dept.:

Award of a 60-month lease Date:
and maintenance contract to
So Cal Office Technologies
for 27 multi-function
copiers. (Cost:
$644,869.55) (Action Item)
Charles D. Kalil
Information Technology
5/23/2017
For the City Council to award a 60-month lease and maintenance contract to So Cal Office Technologies ("So Cal") for 27 Xerox multi-function copiers.

BACKGROUND
The City is currently operating under a lease and maintenance agreement for multi­ function copiers that will terminate on June 24, 2017. Based on age and usage, these machines are increasingly requiring service and experiencing downtime. Staff researched and determined that current technology could provide increased functionality with reduced costs. • On January 11, 2017, the City issued a Request for Proposal -RFP S-1207 ("RFP") for 27 multi-function copiers with scanning, faxing, network printing service and other improved functionalities. Eleven bids were received that met the RFP specifications.

DISCUSSION
A source selection committee (SSC) of five members evaluated the RFP responses based on weighted criteria of Price (40%), Project Plan (30%) and Qualifications of the Proposer (30%). The SSC then performed site visits and viewed product demonstrations by the top four vendors, which are listed below. Upon completion of the site visits, the SSC scored these top four vendors again based on the original criteria and determined that So Cal offered the proposal that best met all of the City's requirements.

RFP 5-1207
Co iers
TOTALS
So Ca I Office
Technolo ies
4705
Sharp
Business
S stems
4205
Xerox
Cor oration
3990
Ricoh
3785

In addition to product quality and pricing, customer service and ability of vendors to deliver their proposal were considered. Referrals for vendors were contacted, and the vendors' market presence and reputation were researched.

Xerox is an industry leader in copier innovation. By quality and design, these copiers offer additional functionality that will improve productivity and reduce costs.

Some of the new capabilities include providing color printing options to all locations, wireless printing from mobile devices, OCR for scanning to searchable PDFs, duplex color scanning on all devices and faster printing speeds. So Cal has proposed a 60- month lease and maintenance agreement including all supplies for $128,973.91 per year. Their proposal includes delivery, installation, training and a $1 buy out option for each copier at the end of the lease. As part of the installation process, So Cal will also uninstall and remove the existing fleet of copiers.

FINANCIAL IMPACT
The current annual lease and maintenance cost for the City's copier fleet is $155,765.14. So Cal's proposed annual cost is $128,973.91. Total cost of the agreement will be $644,869.55, representing a savings of nearly $134,000 over the 60 month agreement period. The funds for this agreement are normal operating expenses submitted as part of the annual Information Technology budget.

RECOMMENDATION
It is recommended that the City Council:
• Award a 60-month lease and maintenance contract to So Cal Office Technologies for 27 Xerox multi-function copiers in the amount of $644,869.55; and
• Authorize the City Manager to sign the lease and maintenance contract on behalf of the City, and make minor modifications as appropriate thereto.

By: Keith Winston, Senior Information Technology Analyst

Agenda Item - 3.k.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Approval of Agreements
with Mekong Printing, Inc.,
The Printery Inc., dba PM
Group, and Timothy W.

Hogan to provide on-call
printing, translation, and
mailing services. (Cost:
$225,000) (Action Item)
Date: 3/22/2022

OBJECTIVE
To receive City Council approval to enter into agreements with Mekong Printing, Inc., The Printery Inc., dba PM Group, and Timothy W. Hogan to provide on-call printing, translation, and mailing services in an amount of not to exceed $225,000 per year for a period of five (5) years.

BACKGROUND
The Public Works Department has various projects that require printing, translation and mailing services to fulfill public outreach requirements. This includes annual projects for the water quality report, business recycling surveys, new recycling programs and the water rate adjustments. Other future printing services may include a variety of materials including informational brochures, posters flyers, safety bulletins, emergency plans, and system maps. Translation services are needed to ensure access to information about City services and meet mandated requirements (e.g. water quality report).

DISCUSSION
A formal request for quotes under RFQ-1292 was advertised on January 4, 2022, and the proposal document was posted on the City’s website on January 4, 2022, via the Planet Bids on-line bidding system. Three (3) proposals were received and opened on February 7, 2022. The vendors were Timothy W. Hogan Graphics, Mekong Printing and the Printery, Inc., dba the PM Group. The Source Selection Committee (SSC) review scores were completed on March 8, 2022. Below are the scores:

Timothy W. Hogan 293

The Printery, Inc. dba the PM Group 262
Mekong Printing 245

After review, evaluation, and ranking of proposals, the SSC determined that two (2) vendors, the PM Group and Timothy W. Hogan Graphics, have the depth of experience and qualifications to successfully perform all of the requested services.

Mekong Printing does not provide translation services, but will provide printing and mailing services. Therefore, staff recommends issuing on-call agreements with each vendor in the amount of $75,000 for a total of $225,000 for a period of five (5) years to ensure better pricing options.

FINANCIAL IMPACT
There is no impact to the General Fund. The agreements with Tim Hogan Graphics, Mekong Printing and the PM Group is not-to-exceed $225,000 per year for a period of five (5) years. Each contract will be capped at $75,000 per year. Funds are available in the Water, Sewer and Refuse funds for Fiscal Year 2022/23 budget.

RECOMMENDATION
It is recommended that the City Council:

Approve agreements with Mekong Printing, Inc., The Printery Inc., dba PM Group, and Timothy W. Hogan, in the amount of $225,000 per year for a period of five (5) years; and

Authorize the City Manager to execute the agreements on behalf of the City and make modifications as appropriate.

By: Samuel Kim, P.E., Water Services Manager
ATTACHMENTS:

Description Upload Date Type File Name
Mekong Printing
Agreement 3/10/2022 Agreement PROFESSIONAL_SERVICES_CONTRACT- Mekong_Printing_2022.pdf
The PM Group
Agreement 3/10/2022 Agreement PROFESSIONAL_SERVICES_CONTRACT- PM_Group_2022.pdf
Tim Hogan Graphics 3/10/2022 Agreement PROFESSIONAL_SERVICES_CONTRACT- Tim_Hogan_Graphics_2022.pdf

•
•
1 PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made this day of , 2022, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY") and Mekong Printing Inc. , herein after referred to as “CONTRACTOR”.

RECITALS

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove COUNCIL AUTHORIZATION, DATED _____________________.

2. CITY desires to utilize the services of CONTRACTOR to Provide On-Call printing, translation, and mailing services for a wide range of external communication to the public including, but not limited to, educational outreach programs and utility rate notifications per Attachment A.

3. CONTRACTOR is qualified by virtue of experience, training, education and expertise to accomplish services.

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term and Termination The term of the agreement shall be from full execution of the agreement through June 30, 2022, with an option to extend said agreement additional four (4) fiscal years, for a total performance period of five (5) fiscal years. Option years shall be exercised one (1) year at a time, at the sole option of the CITY. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for work performed to date in accordance with Scope of Services which is attached as Attachment A and is hereby incorporated by reference. Contractor is required to present evidence to support performed work.

2. Services to be Provided. The services to be performed by CONTRACTOR shall consist of tasks as set forth in the Scope of Services. The Scope of Services is attached as Attachment A, and is incorporated herein by reference.

The Scope of Services and this Agreement do not guarantee any specific amount of work. CITY will request a quote for each on-call job required and will approve each job in writing prior to CONTRACTOR providing any services under this Agreement.

3. Compensation. CONTRACTOR shall be compensated as follows:

3.1 AMOUNT. AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of Seventy Five Thousand Dollars

2 ($75,000.00), per fiscal year, payable in arrears and in accordance with Scope of Services in Attachment “A”.

3.2 Payment For work under this Agreement, payment shall be made per invoice for work completed. Within 45 days of delivery of goods or completion of performance of services, CONTRACTOR must promptly render an invoice to CITY or payment may be significantly delayed. For extra work not a part of this Agreement, a written authorization by CITY will be required and payment shall be based on quotes requested and received by CITY for each on-call job. For extra work not a part of this Agreement, a written authorization by CITY will be required, and payment shall be based on quotes requested and received by CITY for each on-call job. All work shall be in accordance with RFQ. No. S-1291.

3.3 Records of Expenses. CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to CITY.

3.4 Termination. CITY and CONTRACTOR shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.

4. Insurance requirements.

4.1 COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance.

4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable.

4.3 INSURANCE AMOUNTS. CONTRACTOR shall maintain the following insurance for the duration of this Agreement:

(a) Commercial general liability in an amount of
$1,000,000.00 per occurrence ( claims made and
modified occurrence policies are not acceptable);
Insurance companies must be acceptable to CITY and have

3 a Best’s Guide Rating of A -, Class VII or better, as approved by the CITY.

(b) Automobile liability in an amount of $1,000,000.00
combined single limit (claims made and modified
occurrence policies are not acceptable); Insurance
companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.

An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 4.3 (a) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, it’s officers, officials, employees, a gents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, it’s officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the CITY, it’s officers, officia ls, employees, agents, and volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.

5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.

6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.

4 7. Independent Contractor . It is agreed to that CONTRACTOR shall act and be an independent contractor and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.

8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.

CONTRACTOR shall comply with, and shall be responsible for causing all contractors and subcontractors performing any of the work pursuant to this Agreement to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The City makes no warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.

9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice.

These addresses shall be used for delivery of service of process.

a. (Contractor)
Mekong Printing Inc.

Attention: Suzanne Stephens-Truong
2421 W. 1 st Street
Santa Ana, CA 92703

b. (Address of CITY) (with a copy to):

City of Garden Grove Garden Grove City Attorney
11222 Acacia Parkway 11222 Acacia Parkway
Garden Grove, CA 92840 Garden Grove, CA 92840

10. CONTRACTOR'S PROPOSAL. This Agreement shall include CONTRACTOR'S proposal or bid which shall be incorporated herein by reference. In the event of any inconsistency between the terms of the Scope of Work and this Agreement, this Agreement shall govern.

11. Licenses, Permits, and Fees. At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.

12. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR'S risk, until written instructions are received from CITY.

5 13. Time of Essence. Time is of the essence in the performance of this Agreement.

14. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed.

Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONTRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR.

15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.

16. Indemnification. To the fullest extent permitted by law, CONTRACTOR shall defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of CONTRACTOR, CONTRACTOR'S agents, officers, employees, subcontractors, or independent contractors hired by CONTRACTOR in the performance of the Agreement.

The only exception to CONTRACTOR'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees.

This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.

17. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.

6 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

Date: _____________ "CITY"

CITY OF GARDEN GROVE

By:___________________________
City Manager
ATTESTED:

____________________________
City Clerk

Date: _______________________
"CONTRACTOR"
Mekong Printing Inc.

By: ___________________________

Name:__________________________

Title:___________________________

Date: __________________________

Tax ID No. ______________________

Contractor’s License: _____________

Expiration Date:_________________

If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY.

APPROVED AS TO FORM:

____________________________
Garden Grove City Attorney

________________________
Date

7 RFQ S-1292
ATTACHMENT “A”

ON-CALL PRINTING AND RELATED SERVICES

SCOPE OF SERVICES

Contractor will furnish on‐call printing, translation, and mailing services as specified below:

The Contractor must be able to:

 Perform quality printing that is sharp and clear and without smears;  Print from various electronic file formats such as Acrobat, Illustrator, PageMaker, Publisher, Word, etc.;
 Perform printing/mailing orders for individual pieces for residents and businesses;
 Coordinate printing and mailing schedules with Departmental representatives;
 Merge names/addresses from an Excel spreadsheet onto individual materials to be mailed through the United States Postal Service (USPS);  Provide digital proofs to Departmental representatives for their approval prior to printing to ensure accuracy and formatting;
 Make recommendations to Departmental representatives about appropriateness and placement of borders, return address and postage indices on materials to be printed and/or mailed;
 Print a variety of brochures (tri ‐ and bi ‐fold), mail-back surveys, notices, event flyers, envelopes, door Hangers, letterhead, postcards, multi ‐page calendars, booklets, return address mailing labels, and similar materials in color or black and white;
 Deliver materials to the post office
 Print materials on recycled paper stock should contain a minimum of fifty percent (50%) recycled content, unless such use would increase costs significantly, or have a negative impact on health, safety, or operational efficiency. Proof of recycled content must be available upon request by the City.
 Provide written translation services in multiple languages for Spanish, Vietnamese and Korean.
 Written translation services shall be performed with 99% accuracy.  No specific amount of work is guaranteed and w ill be based on the City’s need and current budget for the fiscal year.

1 PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made this day of , 2022, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY") and The Printery, Inc., dba The PM Group, herein after referred to as “CONTRACTOR”.

RECITALS

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove COUNCIL AUTHORIZATION, DATED _____________________.

2. CITY desires to utilize the services of CONTRACTOR to Provide On-Call printing, translation, and mailing services for a wide range of external communication to the public including, but not limited to, educational outreach programs and utility rate notifications per Attachment A.

3. CONTRACTOR is qualified by virtue of experience, training, education and expertise to accomplish services.

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term and Termination The term of the agreement shall be from full execution of the agreement through June 30, 2022, with an option to exte nd said agreement additional four (4) fiscal years, for a total performance period of five (5) fiscal years. Option years shall be exercised one (1) year at a time, at the sole option of the CITY. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for work performed to date in accordance with Scope of Services which is attached as Attachment A and is hereby incorporated by reference. Contractor is required to present evidence to support performed work.

2. Services to be Provided. The services to be performed by CONTRACTOR shall consist of tasks as set forth in the Scope of Services. The Scope of Services is attached as Attachment A, and is incorporated herein by reference.

The Scope of Services and this Agreement do not guarantee any specific amount of work. CITY will request a quote for each on-call job required and will approve each job in writing prior to CONTRACTOR providing any services under this Agreement.

3. Compensation. CONTRACTOR shall be compensated as follows:

3.1 AMOUNT. AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of Seventy Five Thousand Dollars

2 ($75,000.00), per fiscal year, payable in arrears and in accordance with Scope of Services in Attachment “A”.

3.2 Payment For work under this Agreement, payment shall be made per invoice for work completed. Within 45 days of delivery of goods or completion of performance of services, CONTRACTOR must promptly render an invoice to CITY or payment may be significantly delayed. For extra work not a part of this Agreement, a written authorization by CITY will be required and payment shall be based on quotes requested and received by CITY for each on-call job. For extra work not a part of this Agreement, a written authorization by CITY will be required, and payment shall be based on quotes requested and received by CITY for each on-call job. All work shall be in accordance with RFQ. No. S-1291.

3.3 Records of Expenses. CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to CITY.

3.4 Termination. CITY and CONTRACTOR shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.

4. Insurance requirements.

4.1 COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance.

4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable.

4.3 INSURANCE AMOUNTS. CONTRACTOR shall maintain the following insurance for the duration of this Agreement:

(a) Commercial general liability in an amount of
$1,000,000.00 per occurrence ( claims made and
modified occurrence policies are not acceptable);
Insurance companies must be acceptable to CITY and have

3 a Best’s Guide Rating of A -, Class VII or better, as approved by the CITY.

(b) Automobile liability in an amount of $1,000,000.00
combined single limit (claims made and modified
occurrence policies are not acceptable); Insurance
companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.

An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 4.3 (a) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, it’s officers, officia ls, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, it’s officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the CITY, it’s o fficers, officials, employees, agents, and volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.

5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.

6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.

4 7. Independent Contractor . It is agreed to that CONTRACTOR shall act and be an independent contractor and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.

8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.

CONTRACTOR shall comply with, and shall be responsible for causing all contractors and subcontractors performing any of the work pursuant to this Agreement to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The City makes no warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.

9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice.

These addresses shall be used for delivery of service of process.

a. (Contractor)
The Printery, Inc., dba The PM Group
Attention: Paul McKinney, Partner
1762 Kaiser Avenue
Irvine, CA 92614

b. (Address of CITY) (with a copy to):

City of Garden Grove Garden Grove City Attorney
11222 Acacia Parkway 11222 Acacia Parkway
Garden Grove, CA 92840 Garden Grove, CA 92840

10. CONTRACTOR'S PROPOSAL. This Agreement shall include CONTRACTOR'S proposal or bid which shall be incorporated herein by reference. In the event of any inconsistency between the terms of the Scope of Work and this Agreement, this Agreement shall govern.

11. Licenses, Permits, and Fees. At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.

12. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR'S risk, until written instructions are received from CITY.

5 13. Time of Essence. Time is of the essence in the performance of this Agreement.

14. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed.

Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONTRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR.

15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.

16. Indemnification. To the fullest extent permitted by law, CONTRACTOR shall defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of CONTRACTOR, CONTRACTOR'S agents, officers, employees, subcontractors, or independent contractors hired by CONTRACTOR in the performance of the Agreement.

The only exception to CONTRACTOR'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees.

This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.

17. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.

6 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

Date: _____________ "CITY"

CITY OF GARDEN GROVE

By:___________________________
City Manager
ATTESTED:

____________________________
City Clerk

Date: _______________________
"CONTRACTOR"
The Printery, Inc., dba The PM Group

By: ___________________________

Name:__________________________

Title:___________________________

Date: __________________________

Tax ID No. ______________________

Contractor’s License: _____________

Expiration Date:_________________

If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY.

APPROVED AS TO FORM:

____________________________
Garden Grove City Attorney

________________________
Date

7 RFQ S-1292
ATTACHMENT “A”

ON-CALL PRINTING AND RELATED SERVICES

SCOPE OF SERVICES

Contractor will furnish on‐call printing, translation, and mailing services as specified below:

The Contractor must be able to:

 Perform quality printing that is sharp and clear and without smears;  Print from various electronic file formats such as Acrobat, Illustrator, PageMaker, Publisher, Word, etc.;
 Perform printing/mailing orders for individual pieces for residents and businesses;
 Coordinate printing and mailing schedules with Departmental representatives;
 Merge names/addresses from an Excel spreadsheet onto individual material s to be mailed through the United States Postal Service (USPS);  Provide digital proofs to Departmental representatives for their approval prior to printing to ensure accuracy and formatting;
 Make recommendations to Departmental representatives about appropriateness and placement of borders, return address and postage indices on materials to be printed and/or mailed;
 Print a variety of brochures (tri ‐ and bi ‐fold), mail-back surveys, notices, event flyers, envelopes, door Hangers, letterhead, postcards, multi ‐page calendars, booklets, return address mailing labels, and similar materials in color or black and white;
 Deliver materials to the post office
 Print materials on recycled paper stock should contain a minimum of fifty percent (50%) recycled content, unless such use would increase costs significantly, or have a negative impact on health, safety, or operational efficiency. Proof of recycled content must be available upon request by the City.
 Provide written translation services in multiple languages for Spanish, Vietnamese and Korean.
 Written translation services shall be performed with 99% accuracy.  No specific amount of work is guaranteed and w ill be based on the City’s need and current budget for the fiscal year.

1 PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made this day of , 2022, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY") and Timothy W. Hogan, herein after referred to as “CONTRACTOR”.

RECITALS

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove COUNCIL AUTHORIZATION, DATED _____________________.

2. CITY desires to utilize the services of CONTRACTOR to Provide On-Call printing, translation, and mailing services for a wide range of external communication to the public including, but not limited to, educational outreach programs and utility rate notifications per Attachment A.

3. CONTRACTOR is qualified by virtue of experience, training, education and expertise to accomplish services.

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term and Termination The term of the agreement shall be from full execution of the agreement through June 30, 2022, with an option to extend said agreement additional four (4) fiscal years, for a total performance period of five (5) fiscal years. Option years shall be exercised one (1) year at a time, at the sole option of the CITY. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for work performed to date in accordance with Scope of Services which is attached as Attachment A and is hereby incorporated by reference. Contractor is required to present evidence to support performed work.

2. Services to be Provided. The services to be performed by CONTRACTOR shall consist of tasks as set forth in the Scope of Services. The Scope of Services is attached as Attachment A, and is incorporated herein by reference.

The Scope of Services and this Agreement do not guarantee any specific amount of work. CITY will request a quote for each on-call job required and will approve each job in writing prior to CONTRACTOR providing any services under this Agreement.

3. Compensation. CONTRACTOR shall be compensated as follows:

3.1 AMOUNT. AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of Seventy Five Thousand Dollars