28 Certain fee adjustments incorporated as of: 9/25/23
Community Services, Cont.
Sports and Recreation Center
Class I: City sponsored/initiated events, meetings, or activities.
Class II: Garden Grove resident, Garden Grove based non-profit organizations, and non-Garden Grove government agency.
Class III: Garden Grove based business, non-Garden Grove resident, and non-Garden Grove based non-profit.
Class IV: Non-Garden Grove based business or for-profit groups, or private clubs.
Class V: Sport tournaments, exclusive use, or trade shows
(2 hour minimum use for all sports facility reservations)
Classification I
Gymnasium …………………………………………………………………………………………………..No fee Multipurpose Room ………………………………………………………………………………………….No fee
Classification II
Gymnasium……………………………………………………………………….$65.00/hour Full $35.00/hour Half Multipurpose Room…………………………………………………………………………………………$55.00/hour Deposit ………………………………………………………………………..………………………………$100.00
Classification III
Gymnasium……………………………………………………………………….$85.00/hour Full $45.00/hour Half Multipurpose Room………………………………………………………………………………………… $65.00/hour Deposit ………………………………………………………………………..…………………..……………$100.00
Classification IV
Gymnasium……………………………………………………………………….$95.00/hour Full $55.00/hour Half Multipurpose Room…………………………………………………………………………………………$75.00/hour Deposit………………………………………………………………………..…………………..……………$100.00
Classification V
Gymnasium……………………………………………………………………………$170.00/hour (4 hour minimum) Multipurpose Room………………………………………………………………………………Included in above rate Deposit………………………………………………………………………..…………………..……………$250.00
29 Certain fee adjustments incorporated as of: 9/25/23
Community Services, Cont.
Special Classifications
Buena Clinton Youth and Family Center
Special Classification for Buena Clinton: Garden Grove Based Nonprofit Organizations, Government Agencies, or GGUSD
DEPOSIT
Room with food (full access of sink and refrigerator usage) …………………………………………………..$250.00 Room without food……………………………………………………………………………………………..$200.00
Room Weekdays Weekends Set-Up Fee
Extended Hour Fee (Staff Fee)………………...$35.00/hour…………$45.00/hour Combined Recreation Rooms 114/115………..$84.00/hour………….$84.00/hour………………………….$50.00 Upstairs Classroom Room 207……………….$50.00/hour …………$50.00/hour……………………………$50.00 Upstairs Teen Room .…………………………$50.00/hour………….$50.00/hour……………………..……$50.00 Outdoor Space (add on).......................………..$50.00/event………….$50.00/event………..………………..$50.00
Senior Center
Special Classification for Senior Center: Garden Grove Based Nonprofit Organizations, Government Agencies, or GGUSD
Room Weekdays Weekend Set-Up Fee Dining Room................................................. $76.00/hour……………..$668.00/event........................................$53.00
Showmobile
Garden Grove Based Non-profit organizations and Garden Grove based Government Agencies are the only users permitted to rent Showmobile
Garden Grove Based Non-Profit is a 501(c)3 non-profit organization operating within the city of Garden Grove relating to service clubs, the arts, and youth activities.
Damage Deposit…………………………………………………………..………………………………….…$500.00
Organization Fees
Daily rental ………….....……………………………………..…………...………….……$350/day + all towing costs Towing costs are paid directly to tow company.
Staff set up/breakdown Fee……...…………….……………………..………………………………… $300.00/rental
Cleaning Fee (non-refundable)............................................................................................................................$100.00
30 Certain fee adjustments incorporated as of: 9/25/23
Community Services, Cont.
FEE NEGOTIATIONS
The facilities supervisor, under the direction and approval of the Community Services Director and through the guidelines listed below, has the authority to negotiate room rental rates with a business client where there is a potential for regular on-going business or to fill the facility during what would normally be a slow period.
● Said client has to show proof of lower rates from several other facilities that are located in the surrounding area and are comparable to the facility.
● Negotiated rates would only be in effect for the duration of the original contract (no longer than one year). At the end of the contract the fees would have to be renegotiated for any rate other than the standard.
● The Facility Supervisor will only negotiate room rental rates when it is deemed necessary in order to stay comparable with other surrounding facilities, otherwise those standards rates currently in effect will be used.
● Negotiated rates can only be offered to a potential client with the prior approval of the Community Services Director.
31 Certain fee adjustments incorporated as of: 9/25/23
SECTION 6 – GENERAL SERVICES
Copies of Public Records* and Special Public Services
Black & White Copies..................................................................................................................................... $0.10 per page
Color Copies ................................................................................................................................................... $0.10 per page
Plans 24x36 or larger (blueline) ...................................................................................................................... $5.00/per page
Certification of Documents. ......................................................................................... $1.00 for first page, $0.25/each addl.
City Council Policy Manual ...................................................................... Cost based on number of pages, $0.10 per page
Fair Political Practices Commission Records ............................................. Cost based on number of pages, $0.10 per page
Garden Grove Blvd. Land Use Study ........................................................ Cost based on number of pages, $0.10 per page
General Plan (Introduction and Elements) ................................................. Cost based on number of pages, $0.10 per page Air Quality Element ..................................................................... Cost based on number of pages, $0.10 per page Circulation and Infrastructure Element ........................................ Cost based on number of pages, $0.10 per page Community Design Element ........................................................ Cost based on number of pages, $0.10 per page Economic Development Element ................................................ Cost based on number of pages, $0.10 per page Growth Management Element ..................................................... Cost based on number of pages, $0.10 per page Housing Element .......................................................................... Cost based on number of pages, $0.10 per page Land Use Element ........................................................................ Cost based on number of pages, $0.10 per page Noise Element .............................................................................. Cost based on number of pages, $0.10 per page Open Space/Conservation Element .............................................. Cost based on number of pages, $0.10 per page Parks, Recreation & Cultural Activities Element ........................ Cost based on number of pages, $0.10 per page Safety Element .............................................................................. Cost based on number of pages, $0.10 per page
General Plan Map. ....................................................................................... .................................................................. $3.00
User Fees for Various City Services ........................................................... Cost based on number of pages, $0.10 per page
Microfilm copies on Reader-Printer (8-1/2 x 11) (11 x 11). ...................... ................................................... $0.10 per page
Municipal Code – Volume I ........................................................................ Cost based on number of pages, $0.10 per page
Municipal Code – Volume II ...................................................................... Cost based on number of pages, $0.10 per page
Municipal Code, Individual pages .............................................................. ................................................... $0.10 per page
Planning Commission Annual Report ........................................................ Cost based on number of pages, $0.10 per page
Public Record .............................................................................................. ................................................... $0.10 per page
Redevelopment Area Map .......................................................................... .................................................................. $2.00
32 Certain fee adjustments incorporated as of: 9/25/23
General Services, Cont.
Rerecording Audio/Video Tapes, or DVDs of City Meetings or Programming by City Staff .................................. $20.00
Vacant Land Survey ....................................................................................................................................................... $2.00
Zoning Maps .................................................................................................................................................................. $4.00
Miscellaneous
Fees
Annual Bingo License Fee ........................................................................................................................................... $50.00
Bingo Identification Badge .......................................................................................................................................... $20.00
Business Tax Change of Location ............................................................................................................................... $10.00
Duplicate Business Tax Certificate…………………………………………………………………… .................... $5.00
Sidewalk Vendor Permit Fee………………………………………………………………………………………..$325.00
Subpoena Fees .............................................................................................................................As authorized under State Law City Staff ….....................................................$275/day plus travel expenses (CA Government Code Section 68096.1) Police Officer or Firefighter …......................$275/day plus travel expenses (CA Government Code Section 68097.2)
Temporary Fireworks Stand Permit Application Fee………………………………………………………………..$750.00
* Postage at current USPS rates will be added for documents to be mailed.
33 Certain fee adjustments incorporated as of: 9/25/23
Fees established per Resolution:
DATE RESOLUTION
NO.
TYPE
06/27/06 8726-06 A RESOLUTION OF THE CITY OF GARDEN GROVE
ESTABLISHING USER FEES FOR VARIOUS CITY
SERVICES
07/11/06 8730-06 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE AMENDING SCHEDULE
A OF THE CITY’S MASTER FEE RESOLUTION
8726-06
07/11/06 8731-06 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE LEAVING IN PLACE THE
ART IN THE PUBLIC PLACES FEE AND THE
GENERAL PLAN AND CULTURAL ARTS FEE
CONTAINED IN SCHEDULE A OF THE CITY’S
MASTER FEE RESOLUTION 8726-06
08/14/07
8791-07
ESTABLISHING AND AMENDING USER,
DEVELOPMENT PROCESSING AND DEVELOPMENT
IMPACT FEES
10/09/07 8794-07 ESTABLISHING AND AMENDING IN-LIEU PARK FEES
06/10/08 8823-08 ESTABLISHING A DEVELOPMENT PROCESSING
FEE FOR DIRECTOR’S REVIEW – DUPLEX AND
TRIPLEX
11/25/08 8861-08 ESTABLISHING AND AMENDING PERMIT FEES
FOR ASSEMBLIES
06/09/09 8902-09 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING AND
AMENDING USER AND DEVELOPMENT
PROCESSING FEES FOR VARIOUS CITY SERVICES
06/22/10 8999-10 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING AND
AMENDING USER FEES FOR VARIOUS CITY
SERVICES
06/28/11 9064-11 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING AND
AMENDING USER FEES FOR VARIOUS CITY
SERVICES
08/09/11 9073-11 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING A
MEDICAL MARIJUANA DISPENSARY
REGISTRATION FEE (Close of Registration Period
is until 9/23/11)
6/26/12 9137-12 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING AND
34 Certain fee adjustments incorporated as of: 9/25/23
AMENDING USER AND DEVELOPMENT
PROCESSING FEES FOR VARIOUS CITY SERVICES
2/26/13
9171-13 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ADJUSTING THE
MONETARY PENALTY FOR VIOLATION OF
CALIFORNIA VEHICLE CODE AND GARDEN
GROVE MUNICIPAL CODE PARKING
REGULATIONS FOR WHICH THE CITY
ESTABLISHES THE FINE AMOUNTS
(fee not reflected on Fee Schedule)
4/23/13 9175-13 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING AND
AMENDING USER FEES FOR VARIOUS CITY
SERVICES
2/25/14 9216-14 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING A
COTTAGE FOOD OPERATION PERMIT
APPLICATION FEE
6/23/15 9301-15 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING AND
AMENDING USER FEES FOR VARIOUS CITY
SERVICES
9/13/16 9389-16 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING AND
AMENDING USER FEES FOR VARIOUS CITY
SERVICES
9/27/16 9390-16 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING THE
FALSE FIRE ALARM RESPONSE FEE
01/10/17 9406-17 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING AND
AMENDING ADVANCED LIFE SUPPORT AND NON-
RESIDENT FIRST RESPONDER FEES
12/13/16 9401-16 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING A
CITYWIDE PARK FEE AND REVISING
DEVELOPMENT IMPACT FEES FOR IN LIEU PARK
DEDICATION FOR NEW SUBDIVISIONS
(QUIMBY), FOR TRANSPORTATION FACILITIES,
AND FOR DRAINAGE FACILITIES
6/27/17 9442-17 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING AND
AMENDING USER FEES FOR VARIOUS CITY
SERVICES
10/10/17 9460-17 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING THE
MONETARY PENALTIES FOR VIOLATIONS OF
RECREATIONAL VEHICLE PARKING
REGULATIONS
35 Certain fee adjustments incorporated as of: 9/25/23
(fee not reflected on Fee Schedule)
11/28/17 9468-17 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ADOPTING A
SEPARATE BUS BENCH SECURITY DEPOSIT FEE
04/24/18 9490-18 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE REVISING THE FEE
FOR BLOCK PARTY PERMITS
6/12/18 9514-18 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING AND
AMENDING USER FEES FOR VARIOUS CITY
SERVICES
11/27/18 9532-18 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING AND
AMENDING SECURITY SERVICES AND WEST
HAVEN PARK BUILDING RENTAL FEES
5/14/19 9556-19 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING THE
SIDEWALK VENDOR PERMIT FEE
6/25/19 9575-19 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING AND
AMENDING USER FEES FOR VARIOUS CITY
SERVICES
1/28/20 9607-20 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE ESTABLISHING A
TEMPORARY FIREWORKS STAND PERMIT
APPLICATION FEE
1/12/21 9669-21 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE AMENDING FEES FOR
LAND DEVELOPMENT CIVIL ENGINEERING PLAN
CHECKING AND CONSTRUCTION INSPECTION
SERVICES
7/12/22 9762-22 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GARDEN GROVE, CALIFORNIA,
AMENDING USER FEES FOR VARIOUS CITY
SERVICES
Schedule B - Summary of Fee Changes
Section/Fee Description Current fee Proposed Fee
SECTION 1 - POLICE SERVICES
Reports and Administrative Services
Copies of Reports/Records $0.10/page $20.00/report
Alarm and Alarm System Subscribers
False alarm unpermitted or expired permit (each) paid within 30 days of billing
N/A $50.00 x # of false
alarms in the past 12
months
If paid more than 30 days after billing N/A add $25.00
Cost Reimbursement for Jail Inmate Booking
City Arrestee Cost Recovery (on Conviction) $250.00 N/A City Blood Test Cost Recovery (on Conviction) $105.00 N/A SECTION 4 - PUBLIC WORKS
Engineering Fee Schedule
Class "B" Permits
Inspection charges for permits $115.00/hr $120.00/hr
Overtime inspection charges $172.50/hr $180.00/hr
Engineering plan check for public improvements $145.00/hr $155.00/hr Final map check
Lot line adjustment
Parcel
Tract
$145.00/hr
$145.00/hr
$145.00/hr
$155.00/hr
$155.00/hr
$155.00/hr
SECTION 5 - COMMUNITY SERVICES
Atlantis Park
Exclusive rental:
Classification II $525.00/8 hrs $600.00/8 hrs
Classification IV N/A $1,150.00/8 hrs
Splash Pad $20.00/hour $25.00/hour
Additional hours over 8-hour minimum
Classification II $75.00/hr
Classification III $115.00/hr
Classification IV $145.00/hr
Atlantis Park Birthday Party Packages $100.00 N/A
Staff Fees $15.00/hr $35.00/hr
Community Meeting Center
Community Meeting Center Video Production Services Varies N/A CMC Security Guard Fee $34.00/hr/guard $50.00/hr/guard
CMC Classification I Fees
Staff Fee - weekday $25.00/hr/staff $35.00/hr/staff
Staff Fee - weekend $35.00/hr/staff $45.00/hr/staff
Classification II Fees
Set-Up Fee - Butterfield Rooms A and B $79.00 $106.00
Butterfield Rooms A and B - Weekday $138.00/hr $165.00/hr Butterfield Rooms A and B - Weekend $972.00/event $1,075.00/event Butterfield A Room - Weekday $92.00/hr $122.00/hr
$80.00/hr + staff
fee of $15/hr
Schedule B - Page 1
Schedule B - Summary of Fee Changes
Section/Fee Description Current fee Proposed Fee
Butterfield A Room Weekend $972.00/event $1,075.00/event Butterfield B Room - Weekday $67.00/hr $87.00/hr
Butterfield B Room Weekend $972.00/event $1,075.00/event Constitution Room A and/or B - Weekday & Weekend $46.00/hr $53.00/hr Founders Room - Weekday & Weekend $50.00/hr $44.00/hr
Classification III Fees
Set-Up Fee - Butterfield Rooms A and B $79.00 $106.00
Butterfield Rooms A and B - Weekday $165.00/hr $192.00/hr Butterfield Rooms A and B - Weekend $1,075.00/event $1,604.00/event Butterfield A Room - Weekday $122.00/hr $156.00/hr
Butterfield A Room Weekend $1,075.00/event $1,604.00/event Butterfield B Room - Weekday $87.00/hr $115.00/hr
Butterfield B Room Weekend $1,075.00/event $1,604.00/event Constitution Room A and/or B - Weekday & Weekend $53.00/hr $69.00/hr Founders Room - Weekday & Weekend $50.00/hr $69.00/hr
Classification IV Fees
Set-Up Fee - Butterfield Rooms A and B $79.00 $106.00
Butterfield Rooms A and B - Weekday $192.00/hr $215.00/hr Butterfield Rooms A and B - Weekend $1,604.00/event $1,679.00/event Butterfield A Room - Weekday $156.00/hr $169.00/hr
Butterfield A Room Weekend $1,604.00/event $1,679.00/event Butterfield B Room - Weekday $115.00/hr $133.00/hr
Butterfield B Room Weekend $1,604.00/event $1,679.00/event Constitution Room A and/or B - Weekday & Weekend $69.00/hr $87.00/hr Founders Room - Weekday & Weekend $69.00/hr $87.00/hr
Classification V Fees
Set-Up Fee Varies $125.00
Weekday Rate Varies $355.00/hr
Weekend Rate Varies $3,000.00/event
Enhancement Fees for Classifications II - V
Cocktail Table Rental $13.00 $25.00
Portable Screens $20.00 $30.00
Courtyard Center
Classification II Fees
Meeting Center - Set-Up Fee $79.00 $106.00
Meeting Center - Weekday $75.00/hr $99.00/hr
Meeting Center - Weekend $739.00/event $752.00/event
Activity Center - Set-Up Fee $47.00 $53.00
Activity Center - Weekday & Weekend $29.00/hr $65.00/hr Outdoor Space - Set-Up Fee N/A $53.00
Outdoor Space - Weekday & Weekend N/A $80.00/event
Classification III Fees
Meeting Center - Set-Up Fee $79.00 $106.00
Meeting Center - Weekday $99.00/hr $128.00/hr
Meeting Center - Weekend $752.00/event $1,130.00/event
Activity Center - Set-Up Fee $47.00 $53.00
Activity Center - Weekday & Weekend $40.00/hr $75.00/hr Schedule B - Page 2
Schedule B - Summary of Fee Changes
Section/Fee Description Current fee Proposed Fee
Outdoor Space - Set-Up Fee N/A $53.00
Outdoor Space - Weekday & Weekend N/A $80.00/event
Classification IV Fees
Meeting Center - Set-Up Fee $79.00 $106.00
Meeting Center - Weekday $128.00/hr $133.00/hr
Meeting Center - Weekend $752.00/event $1,130.00/event
Activity Center - Set-Up Fee $47.00 $53.00
Activity Center - Weekday & Weekend $46.00/hr $95.00/hr Outdoor Space - Set-Up Fee N/A $53.00
Outdoor Space - Weekday & Weekend N/A $80.00/event
Park Recreation Buildings
Staffing Fee $15.00/hr/staff $35.00/hr/staff
Classification II - Edgar Park, West Grove Park, & West Haven Park $50.00/hr $55.00/hr Classification III - Edgar Park, West Grove Park, & West Haven Park $60.00/hr $65.00/hr Classification IV - Edgar Park, West Grove Park, & West Haven Park $65.00/hr $75.00/hr Sports Fields
Classification II Fees
Baseball/Softball Fields - No Lights $2/hr Resident
$4/hr Non-resident
$15/hr Resident
$3/hr Youth org
$25/hr Adult org
Baseball/Softball Fields - With Lights $20.00/hr $25/hr Resident $25/hr Youth org
$35/hr Adult org
Football/Soccer Fields - No Lights $2/hr Resident
$4/hr Non-resident
$20/hr Resident
$3/hr Youth org
$25/hr Adult org
Football/Soccer Fields - With Lights $24.00/hr $30/hr Resident $25/hr Youth org
$35/hr Adult org
Classification III Fees
Baseball/Softball Fields - No Lights $20.00/hr $32/hr Non-resident $20/hr Youth org
$30/hr Adult org
Baseball/Softball Fields - With Lights $25.00/hr $25/hr Resident $25/hr Youth org
$35/hr Adult org
Football/Soccer Fields - No Lights $20.00/hr $38/hr Non-resident $25/hr Youth org
$35/hr Adult org
Football/Soccer Fields - With Lights $30.00/hr $45/hr Non-resident $30/hr Youth org
$40/hr Adult org
Classification IV Fees
Baseball/Softball Fields - No Lights $15.00/hr $32/hr Youth org $30/hr Adult org
Schedule B - Page 3
Schedule B - Summary of Fee Changes
Section/Fee Description Current fee Proposed Fee
Baseball/Softball Fields - With Lights $25.00/hr $38/hr Youth org $45/hr Adult org
Football/Soccer Fields - No Lights $20.00/hr $32/hr Youth org $45/hr Adult org
Football/Soccer Fields - With Lights $30.00/hr $45/hr Youth org $65/hr Adult org
Classification V Fees
Baseball/Softball Fields - No Lights $32.00/hr $45/hr Youth org $55/hr Adult org
Baseball/Softball Fields - With Lights $38.00/hr $55/hr Youth org $65/hr Adult org
Football/Soccer Fields - No Lights $32.00/hr $45/hr Youth org $55/hr Adult org
Football/Soccer Fields - With Lights $45.00/hr $55/hr Youth org $65/hr Adult org
Sports and Recreation Center
Classification II Fees
Gymnasium $55.00/hr Full
$30.00/hr Half
$65.00/hr Full
$35.00/hr Half
Multipurpose Room $20.00/hr $55.00/hr
Classification III Fees
Gymnasium $65.00/hr Full
$35.00/hr Half
$85.00/hr Full
$45.00/hr Half
Multipurpose Room $25.00/hr $65.00/hr
Classification IV Fees
Gymnasium $65.00/hr Full
$35.00/hr Half
$95.00/hr Full
$55.00/hr Half
Multipurpose Room $25.00/hr $65.00/hr
Classification V Fees
Gymnasium $85.00/hr Full
$45.00/hr Half
$170.00/hr
Multipurpose Room $35.00/hr Included
Buena Clinton Youth and Family Center
Upstairs Classroom 207 - Weekday & Weekend $84.00/hr $50.00/hr Upstairs Teen Room - Weekday & Weekend $84.00/hr $50.00/hr Upstairs Teen Room - Set-Up Fee $100.00 $50.00
Outdoor Space (Add On) $27.00/hr $50/Event
Senior Center
Dining Room Set-Up Fee $63.00 $53.00
Dining Room - Weekday $69.00/hr (Class II) $76.00/hr
Dining Room - Weekend $607.00/event $668.00/event
Showmobile
Damage Deposit N/A $500.00
Rental $250.00/day $350.00/day
Staff Set-Up/Breakdown Fee N/A $300.00/rental
Schedule B - Page 4
Agenda Item - 5.a.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Teresa Pomeroy
Dept.: City Manager Dept.: City Clerk
Subject: Appointments to the Parks,
Recreation and Arts
Commission and Traffic
Commission to fill
vacancies. (Action Item)
Date: 7/25/2023
OBJECTIVE
For the Mayor, with City Council approval, to appoint commissioners to fill vacancies on the Parks, Recreation and Arts Commission and the Traffic Commission.
BACKGROUND
At the June 27, 2023, City Council Meeting, Mr. Fernando Cueva and Mr. Joseph Larrichia were appointed to the Planning Commission. These appointments left vacancies on the Parks, Recreation and Arts Commission and the Traffic Commission.
DISCUSSION
Pursuant to Municipal Code 2.21.013 and Government Code 54974(a), when an unscheduled vacancy occurs whether due to resignation, removal, or other cause, a special vacancy notice shall be posted and published in a local newspaper, within 20 days after the vacancy occurs. A final appointment to the board, committee, or commission to fill the vacancy shall not be made for at least ten working days after posting of the notice. The attached vacancy notices were published and posted by the City Clerk's Office on July, 5 2023, and also attached is a list of applicants for consideration.
FINANCIAL IMPACT
The appointment of commissioners on the Planning Commission does not have a financial impact to the City. The Commission Vacancy notice was advertised in the Orange County News, a locally adjudicated newspaper, at a publishing cost of $275.00. Legal advertising costs were included in the City's operating budget.
RECOMMENDATION
It is recommended that the Mayor, with City Council approval, appoint a Commissioner to the Parks, Recreation and Arts Commission and a Commissioner to the Traffic Commission.
ATTACHMENTS:
Description Upload Date Type File Name
Applicant List 7/20/2023 Backup Material 2023_PARKS_AND_TRAFFIC_APPLICANT_LIST.pdf Parks Vacancy
Notice 7/21/2023 Notice Parks_Commission_Special_Vacancy_Notice_(June_2023).pdf Traffic Vacancy
Notice 7/21/2023 Notice Traffic_Commission_Vacancy_Notice_(June_2023).pdf
2023 GARDEN GROVE COMMISSION APPLICANTS
PARKS, RECREATION, AND ARTS TRAFFIC Alejandra Colon Joel Silverthorn
Ariana Arestegui Ceasr Morales
Christian Jose Lopez Dale Gilbert
Christopher Bianco Duy Nguyen
Donald Taylor Idalia Galdamez Valle
Jennifer Tackney James Webb
Johnny Nguyen Joshua McNeill
Kelli Price Judy Bainto
Kevin Mohr Kevin Mohr
Linda Le Minh‐Tri Vu
Linda Zamora Tracie Pham
Majeda Geramy Vincent Arzaga
Monique Dominguez William Tocki
Nicholas Dibs
Nora Valle
Ramiro Landeros
Sarah Slegers
William Tocki
CITY OF GARDEN GROVE
PARKS, RECREATION, AND ARTS COMMISSION SPECIAL VACANCY NOTICE
Pursuant to Garden Grove Municipal Code Section 2.21.013, notice is hereby given that the Garden Grove Parks, Recreation, and Arts Commission has an unscheduled vacancy with the term expiring December 20 24. Information and a Commission application can be obtained by accessing the City’s website at: www.ggcity.org or by visiting the City Clerk’s Office, City Hall, 11222 Acacia Parkway, Garden Grove, California, or by calling (714) 741-5040.
Commissioners are non-compensated volunteers. The Parks, Recreation, and Arts Commission consists of seven members who are electors residing in Garden Grove.
The current vacancy is to complete the term held by Commissioner Fernando Cueva.
Parks, Recreation and Arts Commission meetings are regularly scheduled on the 2nd Thursday of January, April, July, and October at 6:00 p.m., and are held in the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California.
/s/ TERESA POMEROY, CMC
City Clerk
Date: June 28, 2023
Publish: July 5, 2023
CITY OF GARDEN GROVE
TRAFFIC COMMISSION SPECIAL VACANCY NOTICE
Pursuant to Garden Grove Municipal Code Section 2.21.013, notice is hereby given that the Garden Grove Traffic Commission has an unscheduled vacancy with the term expiring December 2024. Information and a Commission application can be obtained by accessing the City’s website at: www.ggcity.org or by visiting the City Clerk’s Office, City Hall, 11222 Acacia Parkway, Garden Grove, California or by calling (714) 741-5040.
Commissioners are non-compensated volunteers. The Traffic Commission consists of seven members who are electors residing in Garden Grove. The current vacancy is to complete the term held by Commissioner Joseph Laricchia . Traffic Commission meetings are regularly scheduled on the 1 st Tuesday of January, March, May, July September, and November at 6:00 p.m., and are held in the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California.
/s/ TERESA POMEROY, CMC
City Clerk
Date: June 28, 2023
Publish: July 5 , 2023
Agenda Item - 5.b.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Teresa Pomeroy
Dept.: City Manager Dept.: City Clerk
Subject: Appointment of a City
Council Member to the
Orange County Sanitation
District. ( Action Item)
Date: 7/25/2023
OBJECTIVE
For the City Council to appoint a City Council Member to the Orange County Sanitation District.
BACKGROUND
The Mayor was appointed as a Representative to the Orange County Sanitation District by the City Council at the meeting held on January 10, 2023, with Council Member O'Neill appointed as the alternate representative. The Mayor is seeking a replacement due to scheduling conflicts.
DISCUSSION
The Orange County Sanitation District (OCSD) is a special district established by the California State legislature. The County Sanitary District Act specifies that OCSD's Board of Directors include one member of the City Council of each city located wholly or partially within the Sanitation District's boundaries; one member from the County Board of Supervisors; and one member of the governing body of a public agency empowered to and engaged in the collection, transportation, treatment, or disposal of sewage. The governing body of each local government appoints a member to represent them on the District Board.
OCSD Board members meet regularly on the fourth Wednesday of every month at 6:00 p.m. in the Administrative Offices of the Sanitation District, located at 10844 Ellis Avenue, Fountain Valley. It is a 25 member board who oversee the implementation of goals as outlined in the OCSD Sewer Management Plan. There is a stipend in the amount of $212.50 per meeting and an FPPC Form 700 filing obligation with OCSD when assuming or leaving office, as well as annually.
FINANCIAL IMPACT
There is no financial impact.
RECOMMENDATION
It is recommended that the City Council:
Appoint a City Council Member to the Orange County Sanitary District Board to complete the term for Mayor Jones.
•
Agenda Item - 6.a.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa Kim From: Amir El-Farra
Dept.: City Manager Dept.: Police Chief
Subject: Approval to participate in the
2023-2024 Cannabis Tax
Fund Grant Program. (Grant
Amount: $250,000) ( Action
Item)
Date: 7/25/2023
OBJECTIVE
To obtain City Council approval to participate in a Cannabis Tax Fund Grant Program through the California Highway Patrol (CHP). Under the grant, the City can receive $250,000 in federal funds to implement DUI/CDL Checkpoints, selective DUI enforcement operations, and educational activities within the community.
BACKGROUND
With the passage of Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA), California voters mandated the state set aside funding for the California Highway Patrol (CHP) to award grants to local governments and qualified nonprofit organizations, as described in Revenue and Taxation Code Section 34019(f) (3)(B). The Cannabis Tax Fund Grant Program marks an essential step toward reducing impaired driving crashes, increasing public awareness surrounding the dangers of impaired driving, and making California's roadways a safer place to travel.
The Garden Grove Police Department has applied for and received similar grants since 1996.
DISCUSSION
The California Highway Patrol (CHP) works closely with state and local agencies and other traffic safety stakeholders to actively address impaired driving. The CHP will consider various factors in determining specific needs for each grant cycle, including opportunities and projects best suited to prevent the loss of life, injuries, and property damage caused by driving under the influence of alcohol and/or drugs.
The purpose of the Cannabis Tax Fund Grant Program (CTFGP) is to provide alternative funding sources to augment, but not supplant, current activities and programs. The CHP will allocate funds for the project categories by California Code of Regulations (CCR) Sections 1890.05 through 1890.07, as determined by the CHP.
FINANCIAL IMPACT
The total amount for the Fiscal Year 2023-24 grant will be $250,000. The City is not required nor plans to hire additional personnel and incur additional expenses to participate in the grant program. The California State Controller's Office appropriates the funding provided, and all grants are awarded on a competitive basis.
RECOMMENDATION
It is recommended that the City Council:
Authorize participation in the Cannabis Tax Fund Grant Program (CTFGP); Accept the Office of Traffic Safety Grant Funds in the Amount of $250,000; Authorize the Police Chief, Finance Director, and Finance Manager to execute the grant agreement on behalf of the City; and
Allocate these grant monies to fund Selective DUI Enforcement Operations.
By: Police Officer Jeremy Morse
ATTACHMENTS:
Description Upload Date Type File Name
Grant Agreement from the
California Highway Patrol
(CHP)
7/12/2023 Backup Material Terms_and_Conditions.pdf
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•
•
TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.
2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State's obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.
5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.
Equipment purchased under this Grant Agreement must only be used for approved Project related purposes, unless otherwise approved by the State in writing.
5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.
TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term "force majeure" shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee's control which would excuse the Grantee's performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee's staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
TERMS AND CONDITIONS
F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employment related leave. (GC 12990 [a-fj and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.
TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).
K. GRANT APPLICATION INCORPORATION
1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.
L. STATE LOBBYING
1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its "Active" status with the California Secretary of State, maintain its "Current" status with the California Attorney General's Registry of Charitable Trusts, and maintain its federal and State of California tax exempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its "Active" status with the California Secretary of State, maintain its "Current" status with the California Attorney General's Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
TERMS AND CONDITIONS
0. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.
2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by all Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with
TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.
5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.
6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.
T. EQUIPMENT-USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment -The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.
At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor's office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.
Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles -The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.
Schedule A
Garden Grove Police Department
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B -Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase. Grantees shall not exceed the travel rates paid to exempt, excluded, and represented State of California employees and will be reimbursed at the State travel rates. Any costs beyond State travel rates will be at the expense of the Grantee.
Project Description
The Garden Grove Police Department provides in-house training to new hires during the new officer orientation period. This training is crucial as officers graduating from the academy are not exposed to DUI related investigations in the field prior to being trained by their Field Training Officers. As a part of our field training period, officers in training are exposed to DUI investigations on scene and shadow senior officers conducting these investigations. The department currently has two DRE instructors in specialty assignments. These officers routinely attend DRE training courses and supervises DRE examinations being conducted by officers during the DRE training program. Currently, both DRE instructors attend approximately ten DRE courses yearly. In addition to this, their supervising duties are typically six hours in length each training. The department would also like to use this additional funding to send more officers to advanced training courses to become trainers for FST, ARIDE and DRE within the department.
The Garden Grove Traffic Unit along with our Crime Prevention Unit has in the past conducted "Know Your Limit" operations within the city. These operations included bringing our PAS machines to different establishments and having citizens voluntarily provide a breath sample to see what their BAC levels were after consuming alcoholic beverages. These operations provided great learning experiences to motorists as most of the time what they believed their BAC was turned out to be much higher with the assistance of the PAS machine. The Garden Grove Police Department also currently possesses Marijuana intoxication goggles to imitate the effects of Cannabis as it applies to driving.
These goggles have been used in school presentations and at Citizen Academy training days. As part of our equipment purchase proposal, the department is seeking to upgrade these DUI cannabis and alcohol goggles. The ones we currently possess are dated, damaged and need replacement. The company lnnocorp, Ltd produces newer model FatalVision goggles that includes activities geared towards showing impairment for alcohol, cannabis, and combination type side effects. The department is requesting funding towards this topic to use at school presentations and other community policing type events throughout the year. In addition to such operations, our Traffic Unit and Crime Prevention Unit has had educational booths at public locations including schools educating citizens on the dangers of driving impaired including driving under the influence of any drug.
In terms of enforcement efforts, the Garden Grove Police Department would like to increase how many DUI saturation operations are conducted per year. The department is provided funding to conduct DUI saturation patrols from the OTS STEP grant. While this additional funding has helped the department combat impaired driving, additional allocated money in this category would help us combat the growing issue of impaired driving. The department conducts such operations throughout the year and doubles the amount of operations in the winter months. Statistically, the winter season has proven to show an increase in DUI related traffic collisions and arrests.
Problem Statement & Proposed Solution
Garden Grove is a city located in Orange County, California. With a population of 172,270, it is the 32nd largest city in California and the 164th largest city in the United States. Garden Grove is currently growing at a rate of 0.06% annually, but its population has decreased by 0.31 % since the most recent census, which recorded a population of 172,800 in 2020. Spanning over 18 miles, Garden Grove has a population density of 9,593 people per square mile. Garden Grove is a city with a majority being Asian-Americans and is 7th among top cities of at least 100,000 people with the highest percentage of Asian-Americans.
Schedule A
With only 172 sworn officers including administrative staff, that is a ratio of one officer per every 1,002 citizens spread over the highly densely populated 18 square miles. Regarding traffic enforcement, there are only 11 motor officers to patrol the 18 square miles and 172,270 residents, not including the patrons, visitors and working force within the city.
Traffic collision investigations continue to be one of the most common calls for service officers respond to within the city. The city has seen a rising trend in alcohol/ drug related injury/non injury vehicle collisions in the past five years. This trend is common amongst the County of Orange and the County of Los Angeles.
In the City of Garden Grove, there has been a total of 55 fatal traffic collisions since the beginning of 2017 to 2022. Of those fatalities, 30 of them have involved impaired drivers, as well as over 147 other injury traffic collisions involving impaired drivers. The negative effects of drinking and driving have struck our community on several occasions and the Garden Grove Police Department is committed to using all resources available to combat the problem.
The City of Garden Grove has taken a zero-tolerance approach towards drunk/impaired driving the last five years and made over 1708 arrests and initiated several thousand citizen contacts related to DUI Investigations. The City of Garden Grove is committed to the safety of our citizens and has utilized DUI Checkpoints and DUI Saturation patrols to deter, locate, and arrest alcohol/drug impaired drivers, and provide educational opportunities to the members of the community.
Through the opportunities granted to our Department through the OTS STEP Grant, we continued our zero tolerance efforts towards the eliminating and alcohol/drug impaired driving. The efforts are focused on all motorists and citizens in the community. Through press releases and social media platforms, an effort is always made to educate the community on the dangers of alcohol/drug impaired driving, the costs of being prosecuted for DUI/DUID, and alternative methods of transportation available to those that may consider driving while impaired. The City of Garden Grove has capitalized on funding provided by the Office of Traffic and Safety but additional funding from the Cannabis Tax fund would increase our abilities to keep our roadways safe.
The problem of impaired driving continues to rise. According to the 2018 National Survey on Drug Use and Health (NSDUH) in 2018, 12.6 million drivers drove under the influence of illicit drugs. After alcohol, marijuana is the drug most often found in the blood of drivers involved in crashes. THC (delta-9-tetrahydrocannabinol) can be detected in body fluids for days or even weeks after use and is often combined with alcohol.
The vehicle crash risk associated with marijuana in combination with alcohol, cocaine, or benzodiazepines appears to be greater than that for each drug by itself. According to the Governors Highway Safety Association, 43.6 % of fatally injured drivers in 2016 tested positive for drugs and over half of those drivers were positive for two or more drugs. Based on data from the National Highway Traffic Safety Administration in 2016, among drivers tested in fatal crashes, 44% had used a legal or illegal drug, compared with 38% who tested positive for alcohol. Per TREDS, according to a 2014 study, there were 7,000 new marijuana users per day. After alcohol, marijuana was the most commonly detected drug among drivers killed in crashes in 2016, out of 44% of drivers killed in crashes who tested positive for drugs, 41 % had used a strain of marijuana DUI STATISTICAL DATA 2019-2022
• DUI Alcohol Arrests: 626
• DUI Drug Arrests: 125
• DUI Combination Arrests: 32
• FATAL DUI Arrests: 09
FATAL TRAFFIC COLLISION STATISTICAL DATA BETWEEN 2019-2022 • 2019: 5 Fatal Collisions.
• 2020: 10 Fatal Collisions. 5 Involving DUI.
• 2021: 18 Fatal Collisions. 2 Involving DUI.
• 2022: 07 Fatal Collisions. 2 Involving DUI.
NON-FATAL TRAFFIC COLLISION STATISTICAL DATA BETWEEN 2019-2022 • 2019 Non injury collisions-1286. 2020 Non injury collisions-1026. 2021 Non injury collisions-1257 • 2019 Injury collisions-526. 2020 Injury collisions-390. 2021 Injury collisions-513
Schedule A
• 2019 Alcohol related collisions-109. 2020 Alcohol related collisions-80. 2021 Alcohol related collisions-111
• 2019 Drug involved collisions-7. 2020 Drug involved collisions-11. 2021 Drug involved collisions-11 • 2019 Combination involved collisions-3. 2020 Combination involved collisions-2. 2021 Combination involved collisions-3
All members of the Traffic Unit work together towards meeting and/or exceeding Grant goals and objectives.
The Traffic Unit and patrol officers utilize necessary personnel and equipment to adequately staff and carry out the grant goals and objectives. One Police Sergeant and one motor Officer, with the help of a Senior Accountant from Garden Grove City Hall, all assist with the documentation and planning of the Grant operations as well as required reimbursements.
Members of the Traffic Unit have attended Pre-Operational Grant Training and DUI/CDL Checkpoint Planning and Management classes. There are several Officers who have attended POST certified courses and successfully completed the SFST and ARIDE courses and several members of the Traffic Unit are certified Drug Recognition Experts (DRE). We are among County and State leaders in training of Officers as Drug Recognition Experts and see the vital need for continuous education.
Recently, we have experienced a revamp of our traffic Unit with the addition of a second supervisory position, and the focus on training has increased due to the necessity and importance of having experienced officers within the traffic unit with sufficient expertise to carry out the daily duties and involved investigations. These highly trained Officers allow us to utilize the allotted grant funds adequately and appropriately to their maximum effectiveness and make the City of Garden Grove a safer place.
Performance Measures/Scope of Work
GOALS:
Reduce the number of persons killed in alcohol involved traffic collisions by 35% Reduce the number of persons injured in alcohol involved traffic collisions by 20% Reduce the number of persons killed in drug involved traffic collisions by 25% Reduce the number of persons injured in drug involved traffic collisions by 20% Reduce the number of persons injured in alcohol and drug involved traffic collisions by 20% Increase the number of DUI drug arrests during DUI saturation patrols from quarter 1 to quarter 4 by 20% Increase the number of DUI alcohol arrests during DUI saturation patrols from quarter 1 to quarter 4 by 20% Increase the number of DUI alcohol/ drug combination arrests during DUI saturation patrols from quarter 1 to quarter 4 by 20%
OBJECTIVES:
Ensure 5 sworn Garden Grove Police Department Officers attend SFST and ARIDE by the end of the 4th quarter.
Ensure 1 DRE officer attends DRE Instructor School by the conclusion of the 1st quarter.
Ensure 02 officers officer attends SFST Instructor School by 2nd quarter.
Send 2 DRE officers to recertification school if applicable during this grant cycle by the 4th quarter.
Send approximately 06 officers to the upcoming DRE conference August 9-11, 2023, in the City of Anaheim by the 1st quarter.
Schedule A
Ensure 2 DRE Instructors attend at least 10 DRE certification trainings each between the 1st and 4th quarter.
The Garden Grove Police Department is dedicated to meeting the above listed goals and objectives. To do this, the Department will assign approximately three to four DUI saturation over time patrols each month.
These patrols will be carried out by a DRE trained officer if possible and or by an officer with advanced training such as ARIDE. Each of these saturation patrol operations will consist of at least 2 officers but the goal will be to have at least four officers working at a time including a supervisor. The saturation patrols would be in ten hour shifts with an off duty time at approximately 0200/0300. The training goals and objectives outlined will be obtained by sending officers to specialized schools. There is a limited amount on funding currently allotted to travel as it pertains to training. There have been several issues in the past related to travel and training courses that are hosted outside of this county. Due to this, officers have been unable to have their training requests approved by management because of the cost of travel and lodging. If the department is fortunate enough to obtain this grant, funding can be used to send officers to these specialized courses that require travel and lodging costs.
The department is also requesting funding in the category of "Know your Limit." This provides officers that opportunities to make positive contacts with the public and create a dialogue about the dangers of driving under the influence. The department is currently limited to only holding two campaigns a year due to funding.
This request for funding would allow officers to not only conduct several more campaigns a year but the discussion about DUI drug and combination type offenses can be discussed with members of the public. The department would like to conduct approximately four different "Know your Limit" campaigns would approximately three to four officers per event.
The department is requesting funding towards travel and education for the purposes of attending the 2023 IACP Impaired Driving and Traffic Safety Conference. This conference is a three day event and is being hosted in the city of Anaheim. This conference is not only beneficial to our current Drug Recognition Experts, but it is also important for anyone in the field of traffic or DUI operations. The department has never had funding to send officers to such an event and would enjoy the opportunity to send members of our traffic unit to the conference in August 2023.
The main goal is to increase our number of DUI alcohol/ DUI drug arrests between Q1 and Q4. The department is hoping to increase arrests in these areas by at least 20%. In addition to saturation patrols, the department wants to conduct more DUI/DL checkpoints per year with the assistance of this grant. Currently, the department can conduct approximately two check points a year with the assistance of OTS funding. If we are to acquire additional funding, the department would like to conduct additional checkpoints as well. These DUI/DL checkpoints would conclude around 0200/0300 and each operation would be ten hours in length. We strongly believe that by increasing our saturation patrols, dui checkpoints and other DUI related activities we can ultimately make the streets of Garden Grove a safer place for our residents.
Project Performance Evaluation
The Garden Grove Police Department Traffic Unit will keep extensive notes and use course/ instructor evaluation documentation over the duration of the grant period. This will assist in proper record-keeping and quality control. This will be continually monitored, and appropriate adjustments will be made when and if necessary. Grant activity progress will be reported on a quarterly basis to ensure actions are being taken towards the set goals.
Additionally, we will use the data compiled to create a "Final Evaluation" section in the fourth quarter of the set grant period. This will provide a summary of the grant's accomplishments, challenges, and other significant activities. This narrative will include whether the Department met, exceeded, or if we fell short of the goals/ objectives. If the Department falls short of the goals/ objectives listed, an explanation will be provided in detail.
Program Sustainability
The Garden Grove Police Department's main goal is to reduce the number of dangerous DUI drivers on our roadways. In an effort to combat the ongoing trend of DUI related injury/ fatal traffic collisions countywide, our department conducts saturation patrols almost weekly. Due to limited funding, DUI patrols and checkpoints are limited to the money allotted from grants such as the Office of Traffic Safety (OTS).
Schedule A
Our department has never received funding from the Cannabis Tax Fund Grant Program, but we're ambitious and extremely motivated to utilize these funds and make a positive impact for our community members.
The long-term goals we have in place are to use these funds immediately for not only enforcement purposes but also for training purposes as well. The Department would like to send more officers to advanced trainings such as SFST, ARIDE and DRE. Personnel permitting, training and certification would be a top priority in terms of sustainability for continued enforcement. Currently, this Department does not have as many trained DRE officers as we would like. If we are fortunate enough to receive this funding, our department would be able to send more officers to different schools to have more trained and competent officers conducting enforcement. The skills learned as a DRE are extremely valuable to officers to possess while conducting DUI enforcement and identifying drug impaired drivers upon the roadway.
This Department has always embraced partnerships with outside agencies, and we have always welcomed engagement and collaborative efforts. As laws continue to change and evolve pertaining to illicit substances, now more than ever an emphasis needs to be placed on enforcement and education. This funding can also be utilized to send officers to round table trainings and seminars that are held throughout the state. Currently, there is no City funding allotted towards sending officers to these types of trainings. This is due to the cost of travel and lodging for numerous officers to attend trainings that are outside commute distances.
Administrative Support
The grant coordinators within this department have become extremely efficient with not only meeting the outlined requirements of past grants awarded but excelling and exceeding the expectations outlined. Proper use of grant funds is always a top priority for the coordinators and the management that oversee all grant related activities. Currently, officers assigned to the Neighborhood Traffic Unit (NTU) oversee managing grants awarded by the OTS. In addition to this, a supervisor within the traffic unit oversees all final decision making and accounts on where funding is being used. Once the coordinator approves an activity or purchase from grant funding, the supervisor assigned has the final decision to approve or deny the request.
Our grant coordinators also keep an open line of communication with fiscal representatives at city hall. These relationships between our officers and accounting ensure that proper documentation and preparation is completed prior to, during and at the end of grant cycles. The Command Staff within this agency have placed great emphasis on driving under the influence and support our efforts to continue to combat the dangers of these illegal actions. This Department has the necessary trained personnel to manage such a grant and we are confident we will excel if we are fortunate enough to receive this additional funding.
Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
12957 Garden Grove Police Department $250,000.00
Cost Category Line Item Name Total Cost to Grant
Other Direct Costs
IACP Conference -Registration Fee $3,000.00
Fatal Vision Goggles $2,562.20
Category Sub-Total $5,562.20
Personnel
DUI Checkpoint $84,700.00
DUI Saturation Patrol $145,200.00
Education/Outreach -Know Your Limit $2,288.80
Category Sub-Total $232,188.80
Travel
IACP Conference -Travel $12,249.00
Category Sub-Total $12,249.00
Grant Total $250,000.00!
Schedule B-1
Budget Narrative
Garden Grove Police Department
Other Direct Costs
IACP Conference -Registration Fee
$3,000.00
Registration fee for 6 Officer. $500 per Officer.
Fatal Vision Goggles
$2,562.20
Fatal Vision alcohol Program kit 1 at 1100 and Fatal Vision Marijuana Simulation 1 at 1160 plus shipping and handling and sales tax.
Personnel
DUI Checkpoint
$84,700.00
7 DUI checkpoints per year* 11 Officers and 2 Sergeant per DUI Checkpoint, 10 hrs. per Officer. Total salary and benefits= $84,700 (Officer-10 hrs. X $90 X 11X7 =69,300, Sergeant-10 hrs. X $110 X 2X 7 =15,400).
DUI Saturation Patrol
$145,200.00
12 DUI saturations per year. 11 Officers and 2 Sergeant per DUI saturation, 10 hrs. per Officer. Total salary and benefits= $145,200 (Officer-10 hrs. X $90 X 11X12 =118,800, Sergeant -10 hrs. X $110 X 2X 12 =26,400).
Education/Outreach -Know Your Limit
$2,288.80
1 Per year.
Travel
IACP Conference -Travel
$12,249.00
7 Officers
$12,249.00
Agenda Item - 6.b.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Amir El-Farra
Dept.: City Manager Dept.: Police Chief
Subject: Award a contract to All City
Management Services, Inc.,
for RFP No. S-1312 -
Crossing Guard Services.
(Cost: $302,076) ( Action
Item)
Date: 7/25/2023
OBJECTIVE
To obtain City Council approval to award a contract to All City Management Services, Inc. (ACMS) to provide crossing guard services in the City of Garden Grove.
BACKGROUND
RFP No. S-1312 was posted on the City’s website on May 22, 2023 via the Planet Bids online bidding system. Three proposals were received and The Source Selection Committee (SSC) review was completed on July 12, 2023. The final scores are as follows:
All City Management Services,
Inc.
280
Everything Parking Inc., dba Cross
Safe
172
Citiguard, Inc. 128
DISCUSSION
The term of the agreement with ACMS will be for a period of one (1) year, with an option to extend for an additional four (4) years, for a total of five (5) years. Option years will be exercised one (1) fiscal year year at a time, at the sole option of the City. At least 60 days prior to each renewal option year, ACMS will provide the City with the proposed hourly rate for the coming option year.
FINANCIAL IMPACT
Total consideration for the agreement will not exceed the amount of $302,076 for the
first fiscal year. Funding for this agreement is included in the adopted Police Department’s operating budget for FY 2023-24 (Fund 224). There is no impact to the General Fund.
RECOMMENDATION
It is recommended that the City Council:
Award a contract to All City Management Services, Inc., in an amount not to exceed $302,076, for crossing guard services through June 30, 2024, with an option to extend for an additional four (4) years; and
Authorize the City Manager to execute the agreement, and make minor modifications as appropriate thereto on behalf of the City; and
Authorize the City Manager to execute future amendments to the contract, including exercising options years, contingent upon funding availability.
By: Courtney Cibosky, Police Fiscal Analyst
ATTACHMENTS:
Description Upload Date Type File Name
Professional Services
Agreement - All City
Mgmt
7/18/2023 Agreement PROFESSIONAL_SERVICES_AGREEMENT-
_ALL_CITY_MGMT_SERVICES_INC.pdf
Attach B- All City
Mgmt Svcs 7/18/2023 Backup Material Attachment_B-
_All_City_Management_Services_Inc.pdf
Attach B-All City
Mgmt Svcs 2 7/18/2023 Backup Material Attachment_B-
_All_City_Management_Services_2.pdf
Attach C- Crossing
Guard Assignments
and Locations
7/18/2023 Backup Material Attachment_C-
Cross_Guard_Assignments_and_Locations.pdf
•
•
•
14 PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this day of , 2023, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY") and All City Management Services, 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 Provide Crossing Guard Services for the City of Garden Grove for fifteen (15) school locations within the Garden Grove Unified School District per RFP S-1312.
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 initial term of the agreement shall be from full execution through June 30, 2024, with an option to extend said agreement an additional four (4) fiscal years, for a total performance period of five fiscal (5) years. Option years shall be exercised one (1) fiscal 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 proposal 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 Work which is attached as Attachment “A”, and is incorporated herein by reference. The Scope of Work and this Agreement do not guarantee any specific amount of work.
3. Compensation. CONTRACTOR shall be compensated as follows:
3.1 AMOUNT. AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of Three Hundred Two Thousand Seventy Six Dollars ($302,076.00), for the first fiscal year, payable in arrears and in accordance with the Contractor’s Proposal Pricing (Attachment “B”). All work shall be in accordance with RFP No. S-1312. Two months prior to all contract option year renewals, the Contractor must provide documentation supporting any price adjustments for the City's review.
15 3.2 Payment . For work under this Agreement, payment shall be made per invoice for work completed. Within 45 day 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 Proposal Pricing (Attachment “B”) included in proposal.
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 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.
4.0 Insurance Requirements.
COMMENCEMENT OF WORK. CONTRACTOR and all subcontractors shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY.
CONTRACTOR shall be responsible to collect and maintain all insurance from contractors and subcontractors. All subcontractors shall obtain and maintain the same insurance as required of CONTRACTOR. 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. Each policy shall also contain a waiver of subrogation wherein the insurer waives its rights of subrogation against the City, its officers, officials, agents, employees, and volunteers.
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
$5,000,000.00 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.
16 (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.
(c) Excess liability, following form, coverage shall be provided for any underlying policy that does not meet
the insurance requirements set forth herein (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, 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.
An Additional Insured Endorsement for the policy under section 4.3 (c) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds under the excess liability policy.
CONTRACTOR shall provide to CITY proof of insurance stating the excess liability policy follows form, additional insured endorsement forms, and the schedule of underlying policies with policy numbers that conform to CITY’s requirements, as approved by the CITY. Inform ation for the excess policy only needs to be provided if the underlying policies do not meet the policy limits set forth herein.
For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
---
17 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.
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)
All City Management Services, Inc.
Attention: Brian Brooks, Chief Operating Officer
10440 Pioneer Blvd., Suite 5
Santa Fe Springs, CA 90670
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 proposal and this Agreement, this Agreement shall govern.
18 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.
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. CONTRACTOR agrees to protect, 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 damage to property, or interference with use of property, arising out of, or in any way connected with performance of the Agreement by CONTRACTOR, CONTRACTOR'S agents, officers, employees, subcontractors, or independent contractors hired by CONTRACTOR. The only exception to CONTRACTOR'S responsibility to protect, defend, and hold harmless CITY, is due to the negligence of CITY, or any of its elective or appointive boards, officers, agents, or employees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by CITY
19 Notwithstanding the foregoing, however, in the event that a court or jury determines that liability with respect to any Loss was caused or contributed to by the negligent act, error, omission or willful misconduct of either CITY or CONTRACTOR, liability will be apportioned between CONTRACTOR, on the one hand, and CITY on the other hand with regard to such loss based upon the parties’ respective degrees of culpability, as determined by the court or jury.
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.
\ \ \ \
(Agreement Signature Block on Next Page)
20 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"
All City Management Services, Inc.
By: ___________________________
Name:__________________________
Title:___________________________
Date: __________________________
Tax ID No. ______________________
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
_____________
21 ATTACHMENT “A”
SCOPE OF SERVICES
RFP S-1312
PROVIDE CROSSING GUARD SERVICES FOR THE CITY OF GARDEN
GROVE
ORGANIZATION BACKGROUND
The City of Garden Grove, with a population of approximately 180,000, is located in central Orange County approximately twenty-five miles southeast of downtown Los Angeles. It is the fifth largest city in Orange County and the twenty-fifth largest city in the State of California. Despite the City’s comparatively large size, it is a relatively young community, being incorporated on June 18, 1956.
The City spans an area of approximately 18.0 square miles. It has the Council- Manager form of government, with the Mayor elected at large. The City Council engages the City Manager and City Attorney. The City Manager has the responsibility for hiring the department heads and for administering the City’s programs in accordance with the policies adopted by the Council.
The City is a full service city. The services provided by the City include police, paramedic, street maintenance, park maintenance, water, sewer, refuse, recreation, traffic/transportation, public improvements, planning, zoning, and general administrative services such as human resources, information technology services, and accounting. Also included in the City’s overall operations are the Garden Grove Housing Authority, the Garden Grove Sanitary District, the Garden Grove Public Financing Authority, and the City of Garden Grove as Successor Agency to the Garden Grove Agency for Community Development.
CONTRACTOR SHALL PROVIDE THE FOLLOWING TO THE CITY
Contractor shall provide crossing guard services for designated schools within the City of Garden Grove (“City”). There are currently fifteen (15) Crossing Guard locations that are staffed during the school year.
The Garden Grove Unified School District (GGUSD), through its designated liaison, may request to make changes to crossing guard locations and/or work hours on a temporary or extended but not permanent basis (less than a full school year).
Contractor shall make no changes without prior authorization from the Cit y’s designated project manager. In the event the Contractor is contacted by a school requesting service outside of the contract terms, Contractor shall refer the school to their designated GGUSD liaison and advise the school no changes will be made until proper authorization is received
22 1. City shall identify the locations when and where Contractor shall furnish Crossing Guards. No changes to work hours shall occur without the written agreement of the City. In the event the City identifies the need for additional crossing guards, the City may add or eliminate Crossing Guard locations accordingly and Contractor shall agree to add or reduce service locations in accordance with the City’s actions.
Please reference Attachment “C”, of this document for the current locations.
2. Contractor will be responsible to coordinate with representatives from all schools served to verify that coverage is provided in accordance with school schedules.
3. Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location, or for emergency basis.
4. Contractor will be responsible for all supervision of all employees at all sites to ensure school crossing guard services.
5. Contractor shall provide Crossing Guards during the times and at the locations specified by the City.
a. Crossing Guards schedules shall not deviate from the schedules specified by the City for each location without prior written approval of the City.
6. Contractor’s personnel assigned to provide Crossing Guard services under this Contract shall be trained in accordance with the most current version (presently the 2014 Rev. 2 Edition) of the California Manual on Uniform Traffic Control Devices (CMUTCD), Chapter 7D. Cr ossing Supervision, Attachment “D” to this Contract. If Contractor’s personnel are trained pursuant to some other standard, Contractor shall provide evidence of said training protocols and the training shall be, at a minimum, equivalent to the criteria set forth in the CMUTCD; use of a training standard other than CMUTCD shall require advanced written approval by the City.
7. Contractor personnel shall be at least 18 years of age, be physically and mentally capable of performing the duties of a Crossing Guard and have the ability to give and follow oral instructions. The Crossing Guard shall be able to communicate in the English language.
8. Contractor shall provide all Crossing Guards with uniforms as described in the CMUTCD Section 7D.04, “Uniform of Adult Crossing Guards” (see Attachment “D”) by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all personnel performing the duties of Crossing Guards under this Contract and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions.
9. Contractor shall also provide all Crossing Guards with appropriate equipment including a hand held Stop sign and any other safety equipment, which may be necessary.
23 10. Contractor’s personnel assigned to perform Crossing Guard services under this Contract shall, at a minimum, comply with the Operating Procedures set forth in the CMUTCD, Section 7D.05, “Operating Procedures for Adult Crossing Guards” (see Attachment “D”).
11. Contractor will conduct background investigations, at no expense to the City, on each individual employee to ensure the person is fit to serve as a school crossing guard.
12. Annual criminal background history re-checks must be conducted, at no cost to the City, for all Contractor personnel assigned to this contract prior to the commencement of each new school year.
13. The City shall not supply any items for this Contract.
24 ATTACHMENT “B”
PROPOSAL PRICING
RFP S-1312
CROSSING GUARD SERVICES
Contractors shall provide the services set forth in Attachment A, Scope of Services, at the following rate:
A. Hourly Compensation for Crossing Guard Services
$_____________ /hour
B. Please note any minimum amount of hours required per assignment, if any:
______ /hours per assignment
If minimums do not apply, please indicate N/A.
Please provide a response for both Items A and B above or your proposal may be deemed as non-responsive.
25 ATTACHMENT “C”
CROSSING GUARD ASSIGNMENTS AND
LOCATIONS
This document can be found on the City’s Planet
Bids portal for this RFP under the “Documents” tab.
6 Pro
posed Hourly Rate
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Garden Grove, CA Crossing Guard Program.
P
roposed Hourly Rate: Twenty-seven Dollars and Ninety-seven Cents ($27.97) per hour, per guard. This pricing is based upon 15 crossing guards compensated an average of 4.0 hours per day, for 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 10,800 hours, we project a Not to Exceed price of $302,076.
I
nvoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. City of Garden Grove would only be billed for Crossing Guard services rendered on designated “school days” unles s otherwise requested by the City.
The hourly rate does not include additional safety equipment, crosswalk delineators, cone s or safety devices. If the City should desire any such additional equipment the additional cost would be billed to the City.
ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284
or 800.540.9290
Fax number: 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Baron Farwell:
[email protected]
Vice President of Operations: Patricia Pohl: [email protected] Director of Marketing: Harlan Sims: [email protected] Interim Finance Director: Noel Concha [email protected]
This pricing is valid for a period of 90 days.
AILlL CCI11Nr Mr&N.&.CG~ §IEIBWIICCIE§
ATTACHMENT "B"
PROPOSAL PRICING
RFP S-1312
CROSSING GUARD SERVICES
Contractors shall provide the services set forth in Attachment A, Scope of Services, at the following rate:
A.
B.
Hourly Compensation for Crossing Guard Services
$_2_7_. 9_7 _ ___ /hour
Please note any minimum amount of hours required per assignment, if any:
4.0 /hours per assignment (assignment consists of two (2) shifts daily) If minimums do not apply, please indicate N/ A.
Please provide a response for both Items A and B above or your proposal may be deemed as non-responsive.
5
CITY OF GARDEN GROVE
ELEMENTARY SCHOOL CROSSING GUARD LOCATIONS
ATTACHMENT "C" CROSSING GUARD ASSIGNMENTS AND LOCATIONS
LOCATION MON TUES WED THURS FRI
1 Springdale St/ Stanford Ave (NE) 7:20-8:35 AM 7:20-8:35 AM 7:20-8:35 AM 7:20-8:35 AM 7:20-8:35 AM Barker Elementary 2:20-3:20 PM 2:20-3:20 PM 12:50-1:35 PM 2:20-3:20 PM 2:20-3:20 PM 2 Bixby Ave/ Hester Pl (NE) 7:20-8:30 AM 7:20-8:30 AM 7:20-8:30 AM 7:20-8:30 AM 7:20-8:30 AM Brookhurst Elementary 2:25-3:10 PM 2:25-3:10 PM 1:25-2:10 PM 2:25-3:10 PM 2:25-3:10 PM 3 Cardinal Ave/ Clinton St (SE) 7:05-8:05 AM 7:05-8:05 AM 7:05-8:05 AM 7:05-8:05 AM 7:05-8:05 AM Clinton-Mendehhall Elementary 2:00-2:45 PM 2:00-2:45 PM 1:25-2:10 PM 2:00-2:45 PM 2:00-2:45 PM 4 Lampson Ave/Non Springdale St (IFOS) E 7:30-8:40 AM 7:30-8:40 AM 7:30-8:40 AM 7:30-8:40 AM 7:30-8:40 AM Enders Elementary 2:40-3:25 PM 2:40-3:25 PM 1:10-1:55 PM 2:40-3:25 PM 2:40-3:25 PM 5 Lampson Ave/ Nelson St (NW) 7:15-8:15 AM 7:15-8:15 AM 7:15-8:15 AM 7:15-8:15 AM 7:15-8:15 AM Evans Elementary 2:10-2:55 PM 2:10-2:55 PM 12:55-1:40 PM 2:10-2:55 PM 2:10-2:55 PM 6 Woodbury Rd/ Ward St (NW) 7:15-8:15 AM 7:15-8:15 AM 7:15-8:15 AM 7:15-8:15 AM 7:15-8:15 AM Excelsior Elementary 2:10-2:55 PM 2:10-2:55 PM 1:20-2:05 PM 2:10-2:55 PM 2:10-2:55 PM 7 Gilbert St/ Orangewood Ave (NE) 7:05-8:10 AM 7:05-8:10 AM 7:05-8:10 AM 7:05-8:10 AM 7:05-8:10 AM Gilbert Elementary 2:10-2:55 PM 2:10-2:55 PM 1:20-2:05 PM 2:10-2:55 PM 2:10-2:55 PM 8 Morningside Dr/ Ward St (SE) 7:15-8:15 AM 7:15-8:15 AM 7:15-8:15 AM 7:15-8:15 AM 7:15-8:15 AM Morningside Elementary 2:05-2:50 PM 2:05-2:50 PM 1:15-2:00 PM 2:05-2:50 PM 2:05-2:50 PM 9 Springdale St/ Santa Catalina Ave (W) 7:00-8:00 AM 7:00-8:00 AM 7:00-8:00 AM 7:00-8:00 AM 7:00-8:00 AM Patton Elementary 2:00-2:45 PM 2:00-2:45 PM 12:45-1:30 PM 2:00-2:45 PM 2:00-2:45 PM 10 Dolan St/ Orangewood Ave (IFOS} 7:45-8:45 AM 7:45-8:45 AM 7:45-8:45 AM 7:45-8:45 AM 7:45-8:45 AM Simmons Elementary 2:10-2:55 PM 2:10-2:55 PM 1:50-2:35 PM 2:10-2:55 PM 2:10-2:55 PM 11 Buaro St/ Lampson Ave (NW) 7:00-8:05 AM 7:00-8:05 AM 7:00-8:05 AM 7:00-8:05 AM 7:00-8:05 AM Violette Elementary 2:05-2:50 PM 2:05-2:50 PM 1:05-1:50 PM 2:05-2:50 PM 2:05-2:50 PM 12 Buaro St/ Lampson Ave (SE) 7:00-8:05 AM 7:00-8:05 AM 7:00-8:05 AM 7:00-8:05 AM 7:00-8:05 AM Violette Elementary 2:05-2:50 PM 2:05-2:50 PM 1:05-1:50 PM 2:05-2:50 PM 2:05-2:50 PM 13 Lampson Ave/ Volkwood St (SE) 7:30-8:30 AM 7:30-8:30 AM 7:30-8:30 AM 7:30-8:30 AM 7:30-8:30 AM Warren Elementary 2:20-3:05 PM 2:20-3:05 PM 1:25-2:10 PM 2:20-3:05 PM 2:20-3:05 PM 14 Chapman Ave/ Magnolia St (SE) 7:45-8:45 AM 7:45-8:45 AM 7:45-8:45 AM 7:45-8:45 AM 7:45-8:45 AM Zeyen Elementary 2:00-2:45 PM 2:00-2:45 PM 1:45-2:30 PM 2:00-2:45 PM 2:00-2:45 PM 15 Chapman Ave/ Magnolia St (NW) 7:45-8:45 AM 7:45-8:45 AM 7:45-8:45 AM 7:45-8:45 AM 7:45-8:45 AM Zeyen Elementary 2:00-2:45 PM 2:00-2:45 PM 1:45-2:30 PM 2:00-2:45 PM 2:00-2:45 PM Agenda Item - 6.c.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Amir El-Farra
Dept.: City Manager Dept.: Police Chief
Subject: Approval of the Second
Amendment to the
agreement with the County
of Orange to provide forensic
services. (Cost: $640,743)
(Action Item)
Date: 7/25/2023
OBJECTIVE
To obtain City Council approval of the Second Amendment to the Agreement with the County of Orange to provide forensic services for the Garden Grove Police Department.
BACKGROUND
Since 1996, the City of Garden Grove has contracted with the County for crime scene forensic services. The Orange County Crime Lab provides these services and is the only local forensics lab with the capabilities and logistics to provide all the forensic services required by the Department.
Historically, the Department has entered into five-year agreements with the County of Orange for these services, and the current five-year term expires on June 30, 2026.
The Second Amendment adjusts the costs for serevices provided by the County for fiscal year 2023-2024. During the term of the agreement, the Orange County Crime Lab will continue to provide enhanced services and the following County service personnel:
- (2) Lead Forensic Specialists
- (1) Forensic Scientist III
DISCUSSION
The current agreement with the County for enhanced crime scene investigation expires June 30, 2026. As recommended by the Police Department and pursuant to Garden Grove Municipal Code, Section 2.50.060(d), bidding was dispensed as it was determined that the County of Orange is the only provider of enhanced crime scene investigation and the only local forensics lab with the capabilities and logistics to provide all the forensic services required by the Police Department.
DNA has continued to be the leading technology for gathering forensic evidence and solving crimes. Having a Forensic Scientist assigned to the Garden Grove Police Department for DNA casework has dramatically increased the efficiency in submitting and receiving crime lab results for the Detective Bureau. The Police Department is extremely satisfied with the level of quality and service it has received from the Orange County Crime Lab.
FINANCIAL IMPACT
The full cost of the contract for FY 2023-24 is estimated to be $640,743, a decrease of $29,776 from the FY 2022-23 cost of $670,519. At the close of fiscal year 2023- 24, the County will refund to the City all prepaid but unused funds allocated to overtime costs under this Amendment. During the term of the agreement the Crime Lab will provide all supplies and processing directly related to services performed by their personnel under the terms of this agreement.
RECOMMENDATION
It is recommended that the City Council:
Approve the Second Amendment to the Agreement with the County of Orange to provide forensic services to the police department in the amount of $640,743 for FY 2023-24;
Authorize the Mayor to execute the agreement on behalf of the City and make minor modifications as appropriate thereto; and
Authorize the City Manager or her designee to execute future amendments for the remainder terms of the original five-year agreement, through June 30, 2026.
By: Courtney Cibosky, Police Fiscal Analyst
ATTACHMENTS:
Description Upload Date Type File Name
FSU Amend No 2_June
2023 6/29/2023 Agreement FSU_Amend_No_2_June_2023.pdf
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SECOND AMENDMENT TO AGREEMENT
BETWEEN THE
CITY OF GARDEN GROVE
AND THE
COUNTY OF ORANGE
THIS SECOND AMENDMENT TO AGREEMENT is entered into this First day of April 2023, which date is enumerated for purposes of reference only, by and between the CITY OF GARDEN GROVE, hereinafter referred to as “CITY”, and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as “COUNTY” to amend, effective July 1, 2023, that certain Agreement between the parties commencing on July 1, 2021, hereinafter referred to as “Agreement” .
1. For the period of July 1, 202 3 through June 30, 202 4, Subsection C -3e of the Agreement is amended to read as follows:
“C-3e. SHERIFF provided services may include overtime, projected at 140 hours per y ear, with a projected maximum obligation of $13,244. CITY will be charged at actual rates based upon position classification working overtime.”
2. For the period of July 1, 202 3 through June 30, 202 4, Subsection E-2 and E -3 of the Agreement are amended to read as follows
“E-2. The cost of regular services , equipment and supplies provided by COUNTY for the period from July 1, 2023 through June 30, 2024 shall be as follows:
SERVICE COST OF SERVICE
Personnel Costs:
Two (2) Lead Forensic Specialists $ 384,401
One (1) Forensic Scientist III $ 256,343
Aggregate Overtime $ 13,244
TOTAL COST $ 640,743
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E-3. COUNTY shall invoice CITY monthly . During the period July 1 , 2023 through June 30, 20 24, said invoices will require payment by City of one-twelfth (1/12) of the cost for services referenced in paragraph E -2 of this Agreement.
The overtime hours included in the Agreement are only an estimate.
SHERIFF shall notify CITY of actual overtime worked during each fiscal year. If actual overtime work ed is less than the budgeted amount, SHERIFF shall provide a credit to the CITY. Prior to working overtime which will exceed the annual budget, SHERIFF shall advise CITY of anticipated hours over budget and receive CITY’s concurrence to pay additional cos t. CHIEF OF POLICE for CITY is authorized to provide concurrence to pay for the increased amount for overtime at the same overtime billing rate in effect at the time the hours were worked.”
3. For the period of July 1, 202 3 through June 30, 202 4, Subsectio n E -7 of the Agreement is amended to read as follows:
“E-7. At the time this is executed, there may be unresolved issues pertaining to potential increases or decreases in salaries and benefits for COUNTY employees. The cost of such potential increases or decreases are not included in the Fiscal Year 2023-24 costs set forth in Subsection E -2 of this Agreement. If COUNTY incurs or becomes obligated to pay for any such increases for or on account of personnel whose costs are included in the calculations of c osts charged to CITY hereunder, CITY shall pay COUNTY, in addition to the cost of service set forth in Subsection E -2 of this Agreement, the full costs of said increases to the extent such increases are attributable to work performed by such personnel afte r July 1, 2023, and CITY’s cost of service hereunder shall be deemed to have increased accordingly. CITY shall pay COUNTY in full for such increases on a pro - rata basis over the portion of the period between July 1, 2023 and
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June 30, 2024 remaining afte r COUNTY notifies CITY that increases are payable.
In the event that salaries and benefits costs for COUNTY employees decrease for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, COUNTY shall not ify CITY of decreased cost and bill accordingly.”
4. All other provisions of the Agreement to the extent that they are not in conflict with this SECOND AMENDMENT TO AGREEMENT, remain unchanged.
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IN WITNESS WHEREOF, the parties have executed the SECOND AMENDMENT TO AGREEMENT in the County of Orange, State of California.
DATED:__________________________
CITY OF GARDEN GROVE
ATTEST:______________________
City Clerk
BY:______________________________
Mayor
APPROVED AS TO FORM:
BY:___________________________ BY:____________________________ City Attorney Chief of Police
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DATED:________________________
BY:________________________________
Sheriff-Coroner
County of Orange, California
Agenda Item - 6.d.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Authorize issuance of
purchase orders to
Autonation Ford Tustin, Villa
Ford and Huntington Beach
Ford for automotive parts.
(Cost: $250,000) ( Action
Item)
Date: 7/25/2023
OBJECTIVE
To secure City Council authorization to issue purchase orders to Villa Ford, AutoNation Ford Tustin, and Huntington Beach Ford for the purchase of Ford parts.
BACKGROUND
The Public Works Department Vehicle Maintenance Division is responsible for maintaining the City’s fleet of Ford vehicles. The fleet routinely requires parts that are only distributed by Ford dealers. To avoid delays in the purchase and delivery of parts and to meet the needs of our customers in a timely manner, it is essential that Public Works have the ability to purchase these items from more than one vendor.
The lowest Bidder, Huntington Beach Ford, will be designated as the primary vendor.
AutoNation Ford Tustin and Villa Ford will be the second and third vendors utilized.
DISCUSSION
Specifications were prepared and sent to prospective bidders. The variety and quantity of Ford parts quoted was limited to simplify the bidding process.
Specifications included ten (10) Ford parts that are used on a regular basis.
FINANCIAL IMPACT
The financial impact to the Fleet Management Fund would be $250,000 per year for five (5) years. There is no impact to the General Fund.
RECOMMENDATION
It is recommended that the City Council:
Authorize the Finance Director to issue three (3) purchase orders for Ford auto parts to Villa Ford, AutoNation Ford Tustin, and Huntington Beach Ford for a collective amount not to exceed $250,000 per year for five (5) years.
By: Steve Sudduth, Equipment Maintenance Supervisor
ATTACHMENTS:
Description Upload Date Type File Name
Quotes for Ford auto parts 6/29/2023 Backup Material Autonation_Quote.jpg Quotes for Ford auto parts 6/29/2023 Backup Material H.B._Ford_Quotes.jpg Quotes for Ford auto parts 6/29/2023 Backup Material Villa_Ford_Quote.jpg
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AutoNation Ford Tustin
#2 AUTO CENTER DR, TUSTIN, CA 92782 (714) 832-3300
ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS BILL. 15% HANDLING CHARGE ON ALL RETURNS.
PARTS NOT RETURNABLE AFTER 10 DAYS.
NO CASH REFUNDS,
IMPORTANT WARRANTY INFORMATION Please Read and Sign Before Purchase "fled
You should look to the material provided by the manufacturer of the automotive part(s) or accessory(ies) described on reverse side to determine your warranty rights, if any, The manufacturer's warranty, if any, represents a contract between you and the manufacturer only and AutoNat ion Ford Tustin assumes no responsibility or liability under it. Any service provided by AutoNat ion Ford Tustin under such warranty is performed only as agent for the manufactu rer.
DATE ENTERED YOUR ORDER NO. DA TE SHIPPED
27 APR
s
0 L
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0 SHIP VIA
23 27 APR 23
**QUOTE**
ACCOUNT NO. 6263563
OF GARDEN GROVE CITY
AUSTIN POWELL
13802 NEWHOPE
GARDEN GROVE,
( 714 655-6471
ST
CA
SLSM. BIL NO.
92840
LGB84981 8130f
INVOICE DATE
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0 TERMS
INVOICE
. NUMBER
Wholesale
115657
PAGE 1
F.O .B. POINT
TUSTIN.
OF 1
CA
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•
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CORE DEPOSIT 16. 0 0 16 "'0 0 Ford Motor Co. Parts
• . l.~.Q .. , .... 6..8 ....... ~J .. ,.9 .. 0 .... . ., .. , ..... _., .. _..._Q_~-~ .. 6. .. 0. Warranty 12 months •
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O LlMZ 1125 C SPOR ROTOR ASY 157.38 73.20 73.,20 7000Transmissions ,., , .. ,., Q, .. :, lt:1M:~: :~,;. ?.,.G.Q.?.,§,,!.,~.,-,., •:., ,., .... ,., ,.,., ... ,§.r.Q.E ., ,.,.BQ1',9.R, ,.,.A§X,,.,., .,.,:-;h ~,.€.,~,.,:?,~ ,,., , .. , § ,§, .. :,.,7,.§. 60 00 Engines, 3 6 :111:::~i:1:~iii:\j ~i:~~:i•l\ii~:g:ffl:11i:\li1!i!li!::11il!i'.i!!i!i!i~1!ili:1:~11111:~::1~11~;!i;i:il :[ill~:~:i:::[:1~:1 11:111~::~::[1;~:li ~ re~~s :;~ i~ ~ ~~~~ **** I NV 0 I C E Q U O T E - DO NOT PAY ** * comes first. ***********************************
***********************************
***********************************
***********************************
PARTS
SUBLET
FREIGr!T
*** ORDERS CAN NOW BE PLACED 7x24 *** SALES TAX
CUSTOMER'S SIGNATURE
X
Copyright 2.01-4 CO:< Global, LLC PARTS INVOICE 11.rP • Pl3Ct • ~MAGING CUSTOMER COPY
2.683 17
0 • 00
207 • 93
~2.891 .. 10
PARTS DEPT. HOURS
MON, - FRI.
7:00 AM - 7:00 PM
SAT.
8:00 AM - 5:00 PM
. @
Huntington Beach Ford
18255 Beach
Huntington Beach, CA 92648
(714) 842-6611
www.huntingtonbeachford.com
RETURN/REFUNDPOLICY: ALL RETURNS MUST BE ACCOMPANIED BY THIS INVOICE AND ARE SUBJECT TO A 30% HANDLING CHARGE. RETURNED ITEMS MUST BE IN THE ORIGINAL UNOPENED BOX OR CONTA INER. PLEASE NOTE THAT THE DEALERSHIP WILL NOT ACCEPT RETURNS OR MAKE REFUNDS AFTER 14 DAYS. NO REFUNDS OR RETURNS ON SPECIAL ORDER PARTS, CHEMICALS, OR ELECTR ICAL PARTS.
DISCLAIMER OF WARRANTY: ALL PARTS AND ACCESSORIESARE SOLD BY OUR DEALERSHIPAS IS. OUR DEALERSHIPDISCLAIMS ALL WARRANTIES, EXPRESSAND
IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SALE OF PARTS AND ACCESSORIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCESOF THE VEHICLE AND PARTS AND ACCESSORIES IS WITH THE CUSTOMER AND, IF APPLICABLE,THE MANUFACTURER. IF THE VEHICLE OR ANY INSTALLED PARTS OR ACCESSORIESSHOULD PROVE DEFECTIVE FOLLOWING THEIR PURCHASE, THE CUSTOMER AND POSSIBLYTHE MANUFACTURER AND NOT THE DEALERSHIPASSUME THE ENTIRE COST OF ANY NECESSARYSE:RVICING OR REPAIR. CUSTOMER SHALL NOT BE ENmLEDTO RECOVER FROM THE DEALERSHIPANY CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY,DAMAGES FOR LOSS OF USE, LOSS OF TIME LOSS OF PROFITS OR INCOME OR ANY OTHER INCIDENTAL DAMAGES • ' '
DA TE ENTERED YOUR ORDER NO. DATE SHIPPED INVOICE DATE INVOICE 27 APR 23 27 APR 23 NUMBER n18833
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**QUOTE**
ACCOUNT NO. 1141819
CITY OF GARDEN GROVE
PO BOX 3070
GARDEN GROVE, CA 92842-3070
SLSM. B/L NO.
267 ( 714 741-5068
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CASH
QUANTITY PART NO. DESCRIPTION Jj.u SHIP
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0 LlMZ*ll002*C SPO STARTER .. -
CORE DEPOSIT
] 0 L1MZ*10346*F SPO ALTERNATO
CORE DEPOSIT
] 0 BXT*94RH7*730 98 BATTERY
CORE DEPOSIT
PAGE 1 OF 1
F.O.B. POINT
HUNTINGTON BEACH
LIST NET AMOUNT
274.55 173.65 173.65
20.00 20.00
692.73 438.15 438.15
30.00 30.00
159.95 147.15 147.15
16.00 1 6.00
BD BATTERY DI SPOSAL ~EE 2.00
• •
0 LB5Z*7823201*D SPO REGULATOF 205.45 129.95 129.95 - •
CORRECTION FROM E-MAIL
PN# LBSZ-58232-01-D
• •
0 MB5Z*13008*X SPO LAMP ASY 1150.00 1150.00 1,150 .. 00 . ' • • 0 JL1Z*l3A613*C 228 LAMP ASY 152.43 152.43 152 .. 43 • •
• •
0 L1MZ*1125*C SPO ROTOR ASY 101.67 70.15 7 0 .. 15 • "
• • 0 L1MZ*2C026*C SPO ROTOR ASY 120.5 0 83.15 83.15 . . ] ] 0 LB5Z* l l04*B 99 HUB ASY - 298.18 18 8.60 188.60
: J 0 FA*l947* 68 ELEMENT 23.95 15.15 15.15
Part number FA*1947* replac es Ll MZ*96
***LlMZ-9601-A
**** I N V O I C E Q U O T E - DO NOT PAY** **
ATT: WHOLESALE & RETAIL CUSTOMERS
PLEASE READ RETURN POLICY ON TOP PARTS 2.616.38
ALL SALES ARE FINAL WITH NO EXCEPTION SUBLET
ON SPECIAL ORDER PARTS/NON STOCKING FREIGHT 0.00
************************************* SALES TAX 202.61
CUSTOMER'S SIGNATURE
X TOTAL $2.818.99
NOTICE TO CONSUMER: PLEASE READ IMPORTANT INFORMATION ON REVERSE SIDE. ~lerCAE! 2014 COK ~. lLC (0111?) PARTS INVOICE 1Uf' • P!3C1 · "AS-IS" · CALIFORNJA • 0000592 CUSTOMER COFY
2550 N. TUSTIN STREET
ORANGE, CALI FORNI A 92865
PHONE (714) 637-8222 PARTS FAX (714) 282-5296
www.villaford.com
DISCLAIMER OF WARRANTIES Any wa rranties on the product sold hereby are those made by the manufacturer The seller hereby expressl y disclaims all wa rranties , either express or implied, including any impl ied warranty of merchan tability or fitness for a particular purpose , and the selle r neithe r assumes nor authorizes any person to assume for lt any liability in connect ion with the sale of said product. Any limita tion containe d herein does not apply where prohibited by law" Quote only
Invoice to:0S1053
CITY OF GARDEN GROVE
Pay11ient
Page
Invoiceli
orig Inv#
Invoiced
POI
Tax#
slsp
CHARGE
1 QOOOOl
04/27/23 11:26
RICHARD PEREZ
For office use vehicle Information
slsp/Proj: 066/458 Stn: TlC Prt: TlO Lines: 13 1FM5K8AB6LGB84981 Added: 04/27/23 10:34 805559 57 000 comp*
VEN QTY PART NUMBER BIN DESCRIPTION LIST SELL XSELL
FMC 1 L1MZ11002C *STARTER MOTOR A 274.55 21964 219.64
020 1 L1MZ11002C CORE CHG 20.00 2000 20.00
FMC 1 L1MZ10346F *ALTERNATOR ASY 692.73 55418 554.18
020 1 L1MZ10346F CORE CHG 30.00 3000 30.00
FMC 1 BXT94RH7730 1238 BATTERY 159.95 12796 127.96
020 1 BXT94RH7730 NONSTK CORE CHG 16.00 1600 16.00
FMC 1 MB5Zl3008X *LAMP ASY 1670.00 133600 1336.00
FMC 1 JL1Zl3A613C *LAMP ASY - REAR 221.36 17709 177.09
FMC 1 L1MZ1125C *ROTOR ASY - BRA 101.67 8134 81.34
FMC 1 L1MZ2C026C *ROTOR ASY - BRA 120. 50 9640 96.40
FMC 1 LB5Z1104B *HUB ASY - WHEEL 298.18 23854 238.54
FMC 1 L1MZ9601A NONSTK *ELEMENT ASY - A 23.95 1916 19.16 FMC 1 LB5Z7823201D *REGULATOR ASY 205.45 16436 164. 36
THANK YOU FOR YOUR VALUED BUSINESS
CORES MUST BE REIURNED IN THEIR ORIGINAL BOX
• Misc/Deposits subtotal Tax Total oue Parts Accessories 3,080.67 .00 .00 3,080.67 238.75 3,319.42
SORRY, NO RETURNS ON ELECTRICAL OR SPECIAL ORDER PARTS.
A 20% RESTOCKING CHARGE WILL BE MADE ON ALL RETURNS.
RETURNS MUST BE MADE WITHIN 10 DAYS AND ONLY WITH RECEIPT.
ALL RETURNED GOODS MUST BE IN ORIGINAL PACKAGE.
___ " _ _ _ _ _ _ _ _ __ ---"--
NO REFUNDS WITHOUT THIS INVOICE xi L..R .... EG_E .... IV_E_D_B...,.Y __________ ..__.l ©Dealer computer services, Inc. 2008
PARTS FILE COPY
Agenda Item - 6.e.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Authorize issuance of a
purchase order to National
Auto Fleet Group for one (1)
new Public Works CCTV
van. (Cost: $489,610.50)
(Action Item)
Date: 7/25/2023
OBJECTIVE
To secure City Council authorization to purchase one (1) new Public Works Department CCTV van from National Auto Fleet Group through the Sourcewell competitive bid program, Contract #091521-NAF.
BACKGROUND
The Public Works Department has one (1) van that currently meets the City’s guidelines for replacement and was approved in the adopted FY2023-24 budget. The vehicle being replaced is a 2001 GMC van, VIN#1GDJG31R811205054, with 80,200 miles from the Water Services Department.
DISCUSSION
Experience has shown that the City’s buying power is enhanced through joining with other public agencies to purchase fleet vehicles and equipment. 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 $489,610.50*
Ford E-450 Cutaway CCTV Van
* This price includes all applicable tax and destination charges.
FINANCIAL IMPACT
There is no impact to the General Fund. The cost of acquiring the vehicle is
$489,610.50, and will be funded by the Fleet Management Fund. 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 $489,610.50 to National Auto Fleet Group for the purchase of one (1) new Public Works Department CCTV van.
By: Steve Sudduth, Equipment Maintenance Supervisor
ATTACHMENTS:
Description Upload Date Type File Name
Nation Auto Fleet Group
Quote 6/6/2023 Backup Material National_Auto_Fleet_Quote_#498.pdf
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National Auto Fleet Group
A Division of Chevrolet of Watsonville
490 Auto Center Drive, Watsonville, CA 95076
(855) 289-6572 • (831) 480-8497 Fax
Fl eet@N atio n a IAuto Fl eetG ro up .com
Contract Manager
[email protected]
Office (855) 289-6572
Fax (831) 480-8497
RA.INII
Quote ID#1108BR
Subtotal
Tax (8.75%)
CA Tire Fee
Total
This sourced item(s) is available under the Sourcewell (Formerly Known as NJPA) Contract 091521-NAF.
Please reference this Bid Number on all Purchase Orders.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
Sincerely,
$ 489,610.50
2/13/2023
City of Garden Grove
11222 Acacia Pkwy
Garden Grove, CA 92840
Dear City of Garden Grove,
National Auto Fleet Group is pleased to quote the following sourced item(s) for your consideration. One (1) New/Unused (Ford E-Series E-450 Gas Cut-A-Way 158" WB 4x2 14,500# GVWR with Plumbers Depot Equipment ) and provided by Mr. Miguel Martin with Plumbers Depot , each for:
$ 450,206.90
$ 39,393.10
$ 10.50
Contract Price
Specifications For: GARDEN GROVE, CA
1 FORD E-450 GAS CUT-A-WAY 158" WB 2X4 CHASSIS
1 7.3L Gas Engine
1 6- Speed Automatic Transmission with OD
1 14,500 lb. GVWR
1 158" Wheel Base
1 Cab Air Conditioner
1 AM / FM Radio
1 14' CARGO BOX WITH WALKTHRU
1 AeroCap with Walk Thru
1 LED Light Package Includes Body Clearance and Stop / Tail / Turn 1 Full Width Barn Doors with CAM (Pipe) Locks on Each Door 2 Laminated Steel Lock
1 Kemlite Covering on Inside Rear Doors
1 Back Up Alarm
1 STORAGE DRAWER/POWER BOOM CRANE DEPLOYMENT SYSTEM
1 WIRELESS POWERBOOM CRANE CONTROLLER
1 POWER BOOM CRANE WIRELESS CONTROLLER HOLDER
1 SAFE ENTRY/EXIT BUMPER INSTALLED
1 Three (3) Steps Evenly Spaced
1 Bottom Step Folds Up for Ground Clearance
1 Safety Grab Handle
1 KICKPLATE TRANSPORTER STORAGE
1 Lockable Storage Compartment for Camera and Transporter 1 Sliding Drawer
1 Notch in rear door threshold of body for TV cable to pass through to transporter storage drawer
1 KICKPLATE 2 DRAWER STACK ALUMINUM STORAGE
1 BACK-UP COLOR CAMERA SYSTEM [CHASSIS]
1 BULKHEAD WALL BETWEEN CAB AND CONTROL ROOM
1 Door
2 LED TRAFFIC ADVISR,WHELEN TITLE XIII
1 TV HIGH CUBE VAN EXTERIOR LIGHTING & CONTROL ROOM - EVOLUTION 3.0 TO INCLUDE:
2 Amber Title XIII Strobe Warning Beacons
2 Adjustable LED Floodlights Rear of Vehicle Area Illumination Control Room Interior:
1 Lonseal Lonplate Flooring
1 Kemlite Wall & Ceiling Covering
1 Bulkhead Wall With Passage Door From Control Room to Equipment Room 1 Tinted Viewing Window in Bulkhead Wall
1 of 7
1 Tinted Viewing Window in Bulkhead Door
1 Above Desk Control Console with Rack Mount for Electronic Equipment 1 Desktop / Work Area
1 12V High Intensity LED Light Fixture
1 Multi-Outlet Power Strip With USB Ports
1 Fire Extinguisher with Bracket, 10BC Rating
1 Operators Chair, Swivel With Casters
1 Breaker Box Storage Area with Locking Positive Latch
1 Battery Powered Carbon Monoxide Alarm
1 ROOF TOP AIR CONDITIONER, 13,500 BTU WITH HEAT STRIP 1 CURBSIDE DOOR FOR EVO 3.0
1 SIDE DOOR STEPS
1 BENCH SEAT IN VIEWING ROOM
1 CUSHION FOR BENCH SEAT
1 CLOSET IN VIEWING ROOM
1 TV HI-CUBE VAN EQUIPMENT ROOM INTERIOR - EVOLUTION 3.0 TO INCLUDE:
1 Lonseal Lonplate Flooring
1 Kemlite Wall & Ceiling Covering
1 Electrical Outlet with Dual Receptacles
1 12V High Intensity LED Light Fixture
1 15 Minute Courtesy Timer Located at Rear Door Area for 12V LED Interior Lights 1 MULTI-OUTLET WORKSTATION WITH LIGHTS AND USB PORTS
1 20-GALLON WASHDOWN SYSTEM TO INCLUDE:
1 20-Gallon Fresh Water Tank
1 Electric Water Pump
1 Retractable Hose Reel with 25'Water Hose and Nozzle
1 UPPER AND LOWER STORAGE CABINET IN EQUIPMENT ROOM
1 Lower Storage Cabinet / Work Top with Sink and Faucet 1 Upper Wall Mounted Storage Cabinet
1 32" REAR FLAT SCREEN MONITOR MOUNTED IN BULKHEAD WALL 1 Flat Screen Monitor
1 Cable Assembly - Video Monitor to Monitor in Control Room 1 Electrical Outlet
1 7000 WATT GAS ONAN GENERATOR
1 120 Volt 60 HZ 7000 Watt EFI (Electronic Fuel injection) Commercial Grade Generator 1 Gasoline Powered
1 Electric Start
1 Air Cooled
1 Generator Remote Start/Stop Cable assembly
2 of 7
1 GENERATOR COMPARTMENT [UNDER CHASSIS MOUNT]
1 Generator Storage Compartment with Lockable External Access Door 1 Commercial Power Supply Receptacle, 25' Cord, and Plug 1 Electrical Supply Center with Circuit Breaker Box 1 Commercial power and Generator Power Connectors 1 Automatic Power Transfer Switch
1 SYSTEM ENGINEERING PANEL, FOR POWER INFORMATION AND GENERATOR FUNCTIONS, RACK MOUNTED, TO INCLUDE:
1 Four Function AC Power Meter displaying Critical Power Information including:
1 Voltage
1 Hertz
1 Amperage
1 Active Power (Watts)
1 Front panel Selector Switch for two modes of operation:
1 Fixed reading
1 Continuous Auto-cycling
1 Generator Battery Meter to Display Starting and Charging Voltage 1 Generator Hour Meter
1 Generator Remote Start/Stop Control Switch
1 On/Off Switch for Emergency Warning beacons (Switch to Illuminate When On)
1 OZ3 P&T ZOOM M/C LED CAMERA
1 Solid State Color Sewer TV Camera
1 Pan & Rotate Camera Head, 40:1 Zoom Ratio, 10x Optical Zoom, 4x Digital Zoom 1 NTSC Color Standard with 4x Light Integration
1 4 X 5W Cluster LED's for 6" through 72" lines
1 Camera Transportation and Storage Case
1 BUILT-IN SONDE FOR MAINLINE CAMERA TO INCLUDE:
1 Built In Transmitter, 512 Hz
1 BRASS COMP STEERABLE CAM TRANS, WHEELED - 60V
1 Steerable Unit Designed to Turn 360 Degrees Within Its Own Radius 1 Set of Driven Rubber Wheels to Inspect 6" Pipe 1 Two (2) Speed Transmission to Maximize Torque in Large Diameter Pipe with:
1 Manual Shifter on Camera Carrier
1 Unit Shall Have Forward, Free Wheel, and Power Reverse Capablities 1 All Six (6) Wheel Drive Transporter Assembly to Include:
1 Motor & Enclosed Drive Train
1 Tip Up Rear Connector
1 8" RUBBER WHEEL KIT FOR COMPACT TRANSPORTER
1 10-15" RUBBER WHEEL KIT FOR COMPACT TRANSPORTER
1 6"-15"PIPE SPACER KIT
1 REAR VIEW CAMERA
1 Color NTSC Camera
1 Lightring with (12) Solid State White LEDs
3 of 7
1 8" STEEL 10/12 GRIT WHEEL KIT, v2
1 QUICK CABLE LOCK PIGTAIL COUPLER KIT
1 1500' CABLE ASSEMBLY, M/C 12PIN METAL
1 1500' Gold Multi Conductor Kevlar Fiber Armored Combination TV Transmission / Tow Cable
1 .450 Diameter
1 Metal Splice Chamber with Pigtail
1 Cable Strain Relief
1 TV REEL ASSEMBLY, MECHANICAL FOOTAGE FOR SUMMIT .450 CABLE 1 Black Thermoplastic Powder Coated Frame (not available with BRAKE option) 1 Power Levelwind & Multi Ratio Manual Transmission 1 Footage Meter with Local Counter and Remote Electronic Counter 1 Transmission Control at Viewing Station
1 Local Reel Mount Electrical and Mechanical Control 1 Sealed Continuous Contact Collector Assembly
1 Removable Drip Pan for Cleaning (not available with BRAKE option)
1 AUTOMATIC PAYOUT SYSTEM FOR REEL - INSTALLED
1 PCU ASSEMBLY [RACK MOUNT]
1 CCU ASSEMBLY [RACK MOUNT]
1 Alpha Numeric Information Display, with Multi Paging and Defect Coding 1 Remote "QWERTY" Keyboard
1 On Screen Footage Display
1 WIRELESS CONTROLLER
1 Joystick Control for Pan and Tilt Zoom Camera to Include:
1 360 Degree Rotate
1 330 Degree Optical Pan
1 Joystick Control for All Steering Functions & Forward / Reverse Directions for Transporter
1 Camera Lift Control for Optional Electronic Camera Lift 1 All Other Controls for Camera to Include:
1 Camera Iris and Focus Override & Zoom
1 Camera Lights & Shutter Control for Light Enhancement 1 Camera Diagnostics & Auto Home
1 Cruise Control to Set Speed of the Transporter for Hands Off Operation 1 All Reel Controls to Include: Retrieve, Release, and Variable Speed [Excluding Dolly Systems]
1 WIRED USB CONTROLLER
1 Joystick Control for Pan and Tilt Zoom Camera to Include:
1 360 Degree Rotate
1 330 Degree Optical Pan
1 Joystick Control for All Steering Functions & Forward / Reverse Directions for Transporter
1 Camera Lift Control for Optional Electronic Camera Lift 4 of 7
1 All Other Controls for Camera to Include:
1 Camera Iris and Focus Override & Zoom
1 Camera Lights & Shutter Control for Light Enhancement 1 Camera Diagnostics & Auto Home
1 Cruise Control to Set Speed of the Transporter for Hands Off Operation 1 All Reel Controls to Include: Retrieve, Release, and Variable Speed [Excluding Dolly Systems]
1 8.7" MINI KEYBOARD
1 SHORTING PLUG
1 TEST CABLE
2 19" (MINIMUM) FLATSCREEN COLOR INDUSTRIAL TV MONITOR NTSC / PAL COLOR
STANDARDS
2 MOUNTING HARDWARE FOR MONITOR to include Bracket(s), and / or Mount(s), and Miscellaneous hardware required to secure monitor for optimal safety and viewing. 1 KIT,MICROPHONE,DSK MNT,GOOSE -NECK
1 COMPUTER ONLY [NO Granite SOFTWARE] TO INCLUDE (MINIMUM):* ** 1 Motherboard LGA 1200 Socket and Intel Z590 Chipset
1 Intel Core i7- 11700 2.5-4.9 GHz Processor
1 16 GB LP/DDR4 2666 RAM
1 USB Video Capture Device for MPEG 1 / 2 / 4 /WMV
2 LAN, On Board Network Connections, 2.5GbE (2.5Gbit/1 Gbit/100Mbit) 6 USB 3.2 Ports / Back
2 USB 3.0 Ports / front
1 USB Type C--Thunderbolt
2 RS232 Serial Ports
1 Bluetooth v5.1
1 WiFi a/b/g/n/ac/ax, 2.4/5 GHz Dual -Band
5 On Board Audio Ports
1 DVD + / - RW DVD Burner 20x / CD - RW 40x Internal Optical Drive 1 1 TB M.2 Solid State Drive
1 500 GB M.2 Solid State Drive
1 500 Watt 1U ATX Power Supply
1 Industrial Hardened Case Slim 2u (88mm) Design for 19" (482.6mm) Rack 1 Windows 10 Professional 64- bit Operating System
1 System Recovery Disk
1 USB C 12 in 1 docking station
*Spec for computers can change without notice
**International Configuration may vary to comply with the U.S. Department of Commerce, Bureau of Industry & Security regulations on export of technology
1 GRANITENET PREMIUM INSPECTION SOFTWARE KIT
1 WIRELESS KEYBOARD AND MOUSE SET 5 of 7
1 COLOR PRINTER
1 GraniteNet PREMIUM SOFTWARE SUPPORT PLAN
1 ALL NECESSARY CABLING AND COMPONENTS TO COMPLETE THE INTERFACE
BETWEEN THE DATA ACQUISITION SYSTEM, PERIPHERALS, AND THE VIDEO
INSPECTION EQUIPMENT
1 KIT,UPS,BELOW MOUNT TO INCLUDE THE FOLLOWING:
1 Input 120-Volt / Output 120-Volt
1 Cord Management Straps
1 PACP MODULE GraniteNet SOFTWARE
1 LATERAL MODULE GraniteNet SOFTWARE
1 ESRI INTERFACE MODULE GraniteNet SOFTWARE
1 KIT, GRANITENET OFFICE
1 GraniteNet OFFICE SUPPORT PLAN
1 SELF PROPELLED LATERAL INSPECTION / EVALUATION SYSTEM, WHEELED, FOR 6" - 15" MAINLINE AND 3" - 8" LATERAL INSPECTION, WITH PAN AND TILT / ZOOM MAINLINE CAMERA, AND WIRELESS CONTROL TO INCLUDE:
1 Mainline Pan, Tilt, and Zoom Camera to Include:
1 Mainline Solid State Color Sewer TV Camera with:
1 Pan, Tilt & Rotate Camera Head
1 40:1 Zoom Ratio, 10x Optical Zoom, 4x Digital Zoom, NTSC Color Standard 1 360 Degree Range of Rotation, 270 Pan Viewing Angle, Panning 360 Degrees 1 Auto Iris, Auto Focus, Manual Override of Focus and Iris 1 Camera will also be Used for:
1 Monitoring Lateral Pan & Tilt Camera During Extend / Retract Operation 1 Light Assembly, Pan & Tilt Zoom Camera, 6" - 72" lines 1 White LED Field Replaceable Lamps
1 Automatic Centering
1 Lateral Launcher, for Lateral Pan and Tilt Camera to include:
1 Self Propelled Launcher Robot with Freewheel, Forward, and Power Reverse 1 Camera Head Mounting Assembly with Rotation Positioning, Articulating Hinge 1 Push Cable Drive Assembly - Two-Speed Extend / Retra ct Camera Positioning 1 Rear tip- up connector
1 Interconnect Cable for Launcher to Push Cable
1 Interconnect Cable for Control System to Power Control Unit 1 Single-point quick wheel removal system
1 6 each 3.5" diameter tires for 6" pipe
1 6 each 4.375" diameter tires for 8" pipe
1 6 each 5" diameter tires for 10" -15" pipe
1 Pneumatic Tire Kit for 12" - 15" pipe
1 Rear Housing Assembly to Add Optional Rear View Color Camera 1 LAUNCHER MUST BE LATERAL PAN & TILT CAMERA READY
1 Lateral Reel / Control Assembly / Wireless Controller 1 Electric Reel with Slipring and Clutch for:
1 Powered Retrieve of Push Cable
1 Control System to Include Launcher / Self Propelled Robot Control with:
1 Extend / Retract, Left / Right Rotation, Camera Selection 1 1000 ft. Video Cable with Cable End Termination
1 Controller with Forward, Freewheel, and Power Reverse / Variable Speed Control:
6 of 7
1 Self-Propelled Launcher Robot
1 All Launcher, Camera, and Reel Functions Shall be Controlled by the Wireless Hand Held Summit System Controller
1 Compact Mainline Video Monitor
1 SELF-LEVELING COLOR CAMERA WITH BUILT -IN SONDE KIT FOR USE WITH LAMP SYSTEM to include:
1 Self-Leveling / Built -In Sonde Mini Camera
1 Lateral Camera Spring Assembly
1 Centering Ball
1 REAR VIEW CAMERA ASSEMBLY FOR USE WITH LAMP SYSTEM
1 Color NTSC Camera
1 Lightring with (12) Solid State White LEDs
1 QUICK CABLE LOCK PIGTAIL COUPLER KIT
1 150' PUSH CABLE FOR LATERAL INSPECTION SYSTEM
1 KIT,DOWNHOLE,STD
1 Toproller Assembly, Manhole, TV Only, Al
1 Claw Hook, Manhole Adapter, f/WT319
1 Hook Assembly, Retrieval (SNGL,SHTY/LMP/PR)
6 Pole Assembly, Retrieval / Downhole tl,58"
1 Roller Assembly, Invert f/ WT319
1 MULTI CONDUCTOR TV ONLY TOOL KIT
1 Milliampmeter Tool
1 Electrical Tape
1 Needle Nose Pliers
1 Six-In-One Screwdriver
1 6" Adjustable Wrench
1 Anti Seize Grease
1 9- Piece Allen Wrench kit
1 Solder Iron Kit
1 Pliers
1 5/32 T-Handle Hex Wrench
1 FIELD TRAINING FOR ID SYSTEM, 3 DAYS
1 TRUCK DELIVERY- CALIFORNIA
7 of 7
Agenda Item - 6.f.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Authorize issuance of a
purchase order to Nixon-Egli
Equipment Co. for one (1)
new asphalt paver.
(Cost: $596,912.35) ( Action
Item)
Date: 7/25/2023
OBJECTIVE
To secure City Council authorization to purchase one (1) new asphalt paver from Nixon-Elgi Equipment Co. through the Sourcewell Cooperative Purchasing competitive bid program, Contract #060122-WAI.
BACKGROUND
The Public Works Department has one (1) asphalt paver that currently meets the City’s guidelines for replacement and was approved in the adopted FY2023-24 budget. The vehicle being replaced is a 2008 Ingersol Rand PF161 with 1521 hours, Serial# 5057196990. This paver has a diesel screed heater and is no longer compliant with Rule 222 of the South Coast Air Quality Management District diesel emissions regulations.
DISCUSSION
Experience has shown that the City’s buying power is enhanced through joining with other public agencies to purchase fleet vehicles and equipment. 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 #060122-WAI. The results deemed Nixon-Elgi Equipment Co. as the lowest responsive bid.
Nixon-Elgi Equipment Co. $596,912.35*
* This price includes all applicable tax and destination charges.
FINANCIAL IMPACT
There is no impact to the General Fund. Total cost for acquiring the paver is $596,912.35. Funding is included in the Fleet Management Fund. 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 $596,312.35 to Nixon-Elgi Equipment Co. for the purchase of one (1) new asphalt paver.
By: Steve Sudduth, Equipment Maintenance Supervisor ATTACHMENTS:
Description Upload Date Type File Name
Nixon-Elgi quote 6/20/2023 Backup Material Nixon-Elgi_paver_quote.pdf 060122-WAI 7/20/2023 Backup Material 060122-
WAI_Wirtgen_Contract_060122.pdf
•
www.nixon-egli.com
SO. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 (909) 930-1822 FAX (909) 923-2356 NO. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 (209) 830-8600 FAX (209) 830-8884
City of Garden Grove June 12, 2023
13802 Newhope St. Quote Number-100840c
Garden Grove, CA 92843
Attention-Raul Leyva City of Garden Grove ID# 32278 Reference- Vogele Super 1700-3i Wirtgen Sourcewell 060122-WAI Stock# 220747
Drive Unit
- Liquid-cooled Cummins 4-cylinder diesel engine, QSB4.5-C173, 173 hp (129 kW) at 2,000rpm - Engine complies with the applicable exhaust emission standards of the European Union (COM) 4 and
USA (EPA, CARB) Tier 4f
- Electronic engine management
Screed
-VF 500-3 V Extending Screed with (2) 1 ft. Bolt on extensions
Undercarriage
-Hydrostatic traction drive
-Continuous rubber tracks, ground contact 8 ft. 6 in. (2,594 x 355 mm) -Low-maintenance multiple-disk brakes, lock on automatically without oil pressure
Material Feed, Conveyors and Augers
- Wide push-rollers, can be displaced forwards by 6 in. (150mm) - 14.3 tons (13 tonnes) material hopper
-Hopper apron hydraulically operated
-4 separate hydraulic drives for conveyors and augers
-Mechanical sensors for controlling the conveyors, conveyors can briefly be reversed -Sonic sensors for controlling the augers
-Augers reversible and hydraulically adjustable in height, complete with limiting plates for auger tunnel and bracing
Sourcewell ~ ,
www.nixon-egli.com
SO. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 (909) 930-1822 FAX (909) 923-2356 NO. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 (209) 830-8600 FAX (209) 830-8884
-Manual auger override
-Automatic filling function for the auger tunnel during breaks in paving -3 left hand and 3 right hand 1ft. (30.5 cm) stackable augers for a total of 6 ft. of augers
Electrical System
-On-board voltage 24V
Screed Heating
-Three-phase AC generator, oil-cooled with electronic generator management -Screed is also heated when diesel engine is running at idle -Screed heating with electronic temperature control
Operator’s Platform
- 2 Luxury operator's seats including seat heating, with side paneling and armrests, can be pivoted outwards
-Operator's seats and console can be easily and conveniently adjusted for ergonomic working -Modular ErgoPlus paver operator's console; large high-contrast color display Ensures easy operation and monitoring of paver functions -2 ErgoPlus 3 screed consoles for the right and left-hand screed sides, with color display for setting up and monitoring paver and screed function
Miscellaneous
-Centralized lubrication system for tractor unit
-Machine documentation
-Crown is set hydraulically
-Rotary beacon
-Reverse beeper, acoustic
-Working light for auger tunnel, 2 pieces
-Push-rollers
-Washdown system with tank and hose reel
-EcoPlus low-emissions package
-Ventilation system
-Paver Trailer
Selected Additional Options
LED Working Lights
Guide Rollers for screed arm
Screed lock hydraulic
Power Tunnel
NIVELTRONIC Plus
Slope Sensor
Bracket for Grade Sensor, 2 Pieces
Multi-Cell Sonic Senor (Dash 3), 2 Units
www.nixon-egli.com
SO. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 (909) 930-1822 FAX (909) 923-2356 NO. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 (209) 830-8600 FAX (209) 830-8884
Sourcewell List Price: $ 647,215.00
Sourcewell Member Discount (18%): $-(116,498.70)
Sourcewell Price w/ Discount: $ 530,716.30
Dealer Items: $ 15,410.00
Price: $ 546,126.30
Delivery Freight $ 3,000.00
Tax @ 8.75% $ 47,786.05
Total Price w/ Tax: $ 596,912.35
Special Notes:
1) Proposal F.O.B. City of Garden Grove Yard.
2) Sourcewell Pricing Includes Standard One Year Warranty. 3) Additional Discount only applies if both machines are ordered. 4) Quote Valid for 30 Days.
5) Both machines quoted are currently in stock and are subject to prior sale
Thank you for the opportunity to quote on your equipment needs. Should you have any further questions, please feel free to contact me.
Sincerely,
NIXON-EGLI EQUIPMENT CO.
Tray Hall
Tray Hall
Municipal Area Manager
060122-WAI
Rev. 3/2022 1
Solicitation Number: RFP #060122
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Wirtgen America, Incorporated, 6030 Dana Way, Antioch, TN 37013 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Roadway Paving Equipment from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires August 1, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
060122-WAI
Rev. 3/2022 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be
060122-WAI
Rev. 3/2022 3
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
060122-WAI
Rev. 3/2022 4
x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell
Sou rcewell ~
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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
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4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other
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insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all
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references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of
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not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any
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person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers, and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
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M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s
060122-WAI
Rev. 3/2022 18
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Wirtgen America, Incorporated
By: __________________________ By: __________________________ Jeremy Schwartz Sandy Draper
Title: Chief Procurement Officer Title: Director-Inside Sales Operations
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Agenda Item - 6.g.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Authorize the issuance of a
purchase order to Hakker
Equipment Co. for one (1) new
Vactor Sewer Truck.
(Cost: $638,015.58) (Action
Item)
Date: 7/25/2023
OBJECTIVE
To secure City Council authorization to purchase one (1) new Vactor sewer cleaning truck from Hakker Equipment Co. through the Sourcewell Cooperative Purchasing competitive bid program, Contract #101221-VTR.
BACKGROUND
The Public Works Department has one (1) Vactor sewer cleaning truck that currently meets the City’s guidelines for replacement and was approved through Fiscal Year 2023/24 budget process. This vehicle is a 2001 Sterling Vactor with 129,602 miles, VIN # 2FZAAWAK11AJ31406 and has a diesel engine and is being replaced with a cleaner burning compressed natural gas (CNG) engine with the new unit. 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 #101211-VTR. The results deemed Hakker Equipment Co. as the lowest responsive bid.
Hakker Equipment Co. $638,015.58*
* This price includes all applicable tax and destination charges.
FINANCIAL IMPACT
There is no impact to the General Fund. The replacement cost of $638,015.58 is budgeted in and will be funded by the Fleet internal service fund. The surplus equipment will be sold at public auction, and proceeds, if any will be returned to the Fleet fund.
RECOMMENDATION
It is recommended that the City Council:
Authorize the Finance Director to issue a purchase order in the amount of $638,015.58 to Hakker Equipment Co. for the purchase of one (1) new Vactor sewer cleaning truck.
By: Steve Sudduth, Equipment Maintenance Supervisor ATTACHMENTS:
Description Upload Date Type File Name
Hakker Equipment
Vactor quote 6/7/2023 Backup Material Garden_Grove_Vactor_CNG_2110_SW_5- 8-23.pdf
101221-VTR 7/20/2023 Backup Material 101221-
VTR_Vactor_Contract_101221.pdf
•
2070 North White Avenue, La Verne, California
91750 (909) 598-2706 ~ FAX (909) 598-1427 ~
haaker.com
QUOTE
June 5, 2023
TO: CITY OF GARDEN GROVE ATTN: Mr. Brent Hayes
13802 Newhope St. 714-741-5976
Garden Grove CA 92843 Email: [email protected]
In accordance with your request, we are pleased to submit the following proposal for your consideration and approval based on the Sourcewell Cooperative Purchasing Agreement – Contract # 101221-VTR
One (1) NEW VACTOR CNG 2110 PLUS SEWER CLEANER
10-Cubic Yard Capacity with 15”, 3,500 CFM Positive Displacement Blower, 1000 Gallons of Water, Mounted on a 2023/2024 Freightliner 6x4 Chassis, 320 HP CNG L9N Engine Allison 3000RDS Automatic Transmission. Equipped with all Standard and Optional Equipment listed:
Standard Equipment:
· 48" x 22" x 24" Curb Side Aluminum Toolbox
· Aluminum Fenders
· Mud Flaps
· Electric/Hydraulic Four Way Boom
· Color Coded Sealed Electrical System
· Remote Pendant Control w/35' Cord
· Intuitouch Electronic Package
· Double Acting Dump Hoist Cylinder
· Handgun Assembly w/35' x 1/2" Hose w/Quick
Disconnects
· 3" Y-Strainer at Water Pump Inlet
· Ex-Ten Steel Cylindrical Debris Tank
· Flexible Hose Guide
· 30 Deg. Sand Nozzle w/Carbide Inserts
· 30 Deg. Sanitary Nozzle w/Carbide Inserts
· 15 Deg. Penetrator Nozzle w/Carbide Inserts
· Nozzle Storage Rack
· Vacuum Tube Storage: Rear Door (2) Pipe
· 1" Nozzle
· 10' Leader Hose
· Flat Rear Door w/Hydraulic Locks and Door Power-
up/Down, Open/Close Feature
· Dual 10" Stainless Steel Float Shut Off System/Rear
Mounted
· Debris Body Vacuum Relief System
· Debris Deflector Plate
· 48" Dump Height
· Water Sight Gauge PS
· Liquid Float Level Indicator
· Boom Transport Post Storage
· 3" Y-Strainer @ Water Pump w/3" Drain Valve
· Performance Package: (Hyd Variable Flow, Dual PTO's.
Dual Hyd. Pumps)
· 1" Water Relief Valve for Vactor Water Pump
HAAKER
EQUIPMENT COMPANY
Source well ~ -_,,,._
Awarded Contract
· Stainless Steel Micro strainer
· Blower Air Shift Controls
· Hydraulic Cooling Package
· Midship Handgun Coupling
· Side Mounted Water Pump
· Hose Wind Guide (Dual Roller)
· Hose Footage Counter - Mechanical
· Hose Reel Manual Hyd. Extend/Retract
· Hose Reel Chain Cover (Full)
· Tachometer/Chassis Engine W/Hour meter
· Circuit Breakers
· LED Lights. Clearance, Back-Up, Stop, Tail & Turn
· Tow Hooks, Front and Rear
· Electronic Back-Up Alarm
· Hydraulic Tank Shutoff Valves
· 8" Vacuum Pipe Package
· Emergency Flare Kit
· Fire Extinguisher 5 Lbs.
· Low Water Alarm with Water Pump Flow Indicator
· Front Joystick Boom Control
· Rodder System Accumulator- Jack Hammer on/off control w/ manual valve
· Digital Hose Footage Counter
· Water Pump Hour Meter
· PTO Hour Meter
· Camera System, Rear Only
· Hydraulic Oil Temp Alarm
· Digital Water Pressure Gauge
Optional Equipment:
· 48" x 22" x 24" Curb Side Aluminum Toolbox with
Lighting
· 180 deg. 10' x 15' Rapid Deployment Boom
· RDB Washout Coupling
· Boom Out of Position Indicator/Alarm
· 80 GPM Variable Flow Water System
· 2500 PSI Water Pressure
· Hydraulic Cooling Package
· 1" x 800' Sewer Hose, 2500 PSI
· Debris Body Washout
· 6" Butterfly Valve, Rear Door, 3:00 Position
· 6" Rear Door Knife Valve w/Camloc w/Port, 6:00
position
· Rear Door Valve Flush out
· Centrifugal Separators (Cyclones)
· Folding Pipe Rack, Curbside, 8" Pipe
· Folding Pipe Rack, Streetside, 8" Pipe
· Rear Door Splash Shield
· Lube Manifold
· Plastic Lube Chart
· Hot Shift Blower Drive (automatic transmission)
· Bellypack Wireless Controls with hose reel controls, 2- way communications, and LCD Display
· Rotatable Boom Inlet Hose
· Handgun Couplers, Front and Rear
· Hose Wind Guide (Dual Roller), Auto, Non-Indexing
· Rodder Hose Pinch Roller
· High Pressure Hose Reel
· HXX Kit to Include High Pressure Nozzles for Lift
Station Grease
· Lateral Cleaning Kit w/150' Hose and Nozzle, 25
GPM/2000 PSI
· Rodder Pump Drain Valves
· Wireless, Waterproof, Rechargeable, Handheld, LED
Spot Light w/12V Charger
· 6 Lighting Package, 6 Federal Signal Strobe Lights, LED · LED Mid-Ship Turn Signals
· Work lights (2), LED, Boom
· Work lights (2), LED, Rear Door
· Work light, LED, Operators Station
· Work light, LED, Hose Reel Manhole
· Toolbox, Front Bumper Mounted, 16 x 12 x 18 w/(2)
LED Side Markers
· Toolbox, Driver Side Subframe, 18w x 24h x 24d
· (4) Long Handle Tool Storage Locations Behind Cab
· Camera System, Front, Rear and Both Sides
· (2) Safety Cone Storage Rack - Post Style Rear Bumper · Ball Valves on Micro Strainer for Maintenance
· Water Cooler Storage Rack
· Digital Water Level Indicator
· Digital Debris Body Level Indicator
· (2) 8" x 5' Aluminum Vacuum Tube
· (2) 8" Quick Clamp Assembly
· (1) 8"x3’ Higbee Vacuum Nozzle
· Additional Steps on Passanger and Driver Side to Lower Entry
· Pick and Sledge on Passenger Side Tool Box/PVC Long
Handle Tool Storage Down Subframe
· Prybar Holder on Front Hose Reel
· LED Whelen Light Package to Include: Light Bar Top of Cab, Directional Arrow Rear Door →, Additional
Strobes on Rear Sides and Under CNG Tanks
· 1 Printed Full Vactor Manual
· Vactor Standard Manual and USB Version
Unit Price ............................................................................................... $ 598,282.00 Sourcewell Discount: ............................................................................ ($ 11,601.00 Subtotal: ................................................................................................. $ 586,681.00 Sales Tax (8.75): .................................................................................... $ 51,334.58
TOTAL PRICE F.O.B. GARDEN GROVE, CA..: .......................... $ 638,015.58
THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO
WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.
NOTE: Price is good until 60 Days. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented.
TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate is submitted.
DELIVERY: To Be Determined TERMS: Net 30
We appreciate the opportunity to present this proposal and look forward to being of further and continued service.
HAAKER EQUIPMENT COMPANY ACCEPTED BY:
BY: Matt Muinch DATE:
MATT MUINCH
Sales Representative
101221-VTR
Rev. 3/2021 1
Solicitation Number: RFP #101221
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Vactor Manufacturing, a division of Federal Signal, 1621 South Illinois St., Streator, IL 61364 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires November 29, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
101221-VTR
Rev. 3/2021 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be
101221-VTR
Rev. 3/2021 3
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
101221-VTR
Rev. 3/2021 4
x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell