Office of the Mayor Annual Recess Agenda
August 20, 2024
AGENDA REPORT
TO: Jestin D. Johnson FROM: Michael Kashiwagi
City Administrator Interim Director, OPW
SUBJECT: OPD Critical Public Safety Vehicles
Acquisitions
DATE: August 2, 2024
City Administrator Approval Date:
RECOMMENDATION
Staff Recommends That The City Council Adopt A Resolution Authorizing The City Administrator To Enter Into A Cooperative Purchase Agreement with The Ford Store For The Acquisition Of Oakland Police Department Vehicles In An Amount Not To Exceed Five Hundred Thousand Dollars ($500,000), And Making California Environmental Quality Act (CEQA) Exemption Findings
EXECUTIVE SUMMARY
The Oakland Public Works Department’s (OPW’s) Bureau of Maintenance and Internal Services (BMIS) is responsible for the procurement of the City of Oakland’s (City) fleet and equipment.
The acquisition of public safety and infrastructure equipment is essential to ensure the continuity of
the City’s emergency and non-emergency services.
Under the Oakland Municipal Code (OMC) 2.04.080, where advantageous for the City, the City Administrator may purchase supplies or services as defined in Section 2.04.010 through legal contracts of other governmental jurisdictions or public agencies that were awarded pursuant to an appropriate competitive process without further contracting, solicitation, or formal bidding.
OMC 2.04.080 sets no limit on the size of cooperative agreements that may be entered by the City Administrator. The proposed recommendations would align practices for existing cooperative agreements with OMC 2.04.020, which authorizes the City Administrator to enter contracts up to $250,000.
The vehicles to be replaced by these new acquisitions are aged beyond expected service life, less reliable, do not have the latest driver and passenger safety features, and do not have the best available emissions reduction technology. Due to reliability and safety concerns, replacing this equipment will ensure the City continues to meet the emergency response needs of its residents, businesses, and other stakeholders. The equipment replacements also align with the City’s Equitable Climate Action Plan (ECAP) goals to lower vehicle emissions and ensure that City staff and first responders operate vehicles with the latest passive safety devices and active Attachment C
Justin D. Johnson, City AdministratorSubject: OPD Critical Public Safety Vehicles Acquisitions Date: August 2 , 2024 Page 2 Office of the Mayor Annual Recess Agenda August 20, 2024 safety systems. Failing to replace these police interceptors immediately may lead to an interruption in emergency service capabilities or delays in responding to emergency situations. These funds have been allocated and appropriated for these purposes in the General Fund 1010 Fiscal Year (FY) 2024-25 Adopted Budget. Staff now seek to obtain City Council approval to award contracts to three designated vendors for the purchase of equipment essential to deliver critical emergency and public safety services to City of Oakland residents and businesses. BACKGROUND / LEGISLATIVE HISTORY City Council adopted the FY 2024-25 Budget on June 28, 2024, which included appropriations of $ 2,319,768.00 in the General Fund 1010 for Oakland Police Department (OPD) vehicle and equipment replacements. This appropriation is for the department to replace equipment that has exceeded the expected useful service life. Section 2.04.080 of the Oakland Municipal Code (OMC) allows the City Administrator to purchase supplies or services through legal contracts/cooperative agreements of other governmental jurisdictions or public agencies that were awarded pursuant to an appropriate competitive process. Master Contract No.901979 County Of Alameda, Public Works Agency, awarded to The Ford Store, where the contract was bid out competitively, and The Ford Store was deemed as the most qualified vendor with the lowest price. The use of this contract as a Cooperative Agreement ensures that the City gets the lowest available price for the acquisition of police interceptors. ANALYSIS AND POLICY ALTERNATIVES First response emergency equipment and vehicles are important equipment that enable safe and rapid response to emergency calls. The ability of local governments to replace emergency equipment in a timely manner is a critical function, as the ability to respond to public emergency calls is directly related to equipment reliability, performance, and availability. Ford Police Pursuit vehicles are the most commonly used vehicles by police fleets and are consistent with the Oakland Police Department’s fleet of vehicles. Standardizing fleet vehicle and equipment manufacturers saves the City time, money, and labor costs for maintenance and repairs. Staff members are trained to maintain these assets and have all the necessary tools to do so. Oakland Municipal Code Section 2.04.080, which is advantageous for the City, allows the purchasing of supplies or services through legal contracts of other governmental jurisdictions or public agencies that were awarded pursuant to an appropriate competitive process.
Justin D. Johnson, City AdministratorSubject: OPD Critical Public Safety Vehicles Acquisitions Date: August 2 , 2024 Page 3 Office of the Mayor Annual Recess Agenda August 20, 2024 The cooperative agreements proposed in this proposal; Master Contract No.901979 County of Alameda, Public Works Agency for the purchase of police interceptor was competitively bid out, where the vendors were deemed as the winning bidder and most qualified vendor with the lowest price. Failure to purchase these police interceptors immediately may disrupt the City’s capability to respond to the City’s emergency and nonemergency calls for service. The following benefits will accrue from adopting this resolution and why The Ford Store is the ideal vendor: Cost Efficiency: The cooperative agreement proposed were competitively bid out, where they were deemed the lowest, responsible, and most qualified supplier, piggyback on this contract will save City time rather than conducting its own RFQ/P process. Proven Reliability: Ford equipment has demonstrated consistency and reliability in supplying Police Vehicles across the country; vendors pay their City’s business tax annually and maintain their 2024 Business Tax Licenses. Public Safety Measure: Adoption of this resolution will allow OPD to operate using reliable equipment and having spare units, allowing them to respond to public emergency calls as quickly as possible without interruption. Established Relationship: A positive and reliable relationship has been developed with the current vendor. Approval of the proposed resolution would support the City’s critical Public Safety services and priorities, including holistic community safety and vibrant, sustainable infrastructure, by allowing for ongoing Oakland Public Works and Oakland Police Department operations. OPD has been operating using equipment that is beyond the economic service life. It is a necessity for the fleet to be equipped with reliable equipment with updated technology, staff recommends that, pursuant to OMC 2.04.080, where advantageous for the City, it may purchase supplies or services through legal contracts of other governmental jurisdictions or public agencies that were awarded pursuant to an appropriate competitive process to award this contracts to The Ford Store for the critical public safety equipment acquisitions. FISCAL IMPACT Funding for the proposed contract is available in the Fiscal Year 2024-2025 Adopted Budget as approved by the City Council in the following funding sources: Table 1: Funding Sources Justin D. Johnson, City AdministratorSubject: OPD Critical Public Safety Vehicles Acquisitions Date: August 2 , 2024 Page 4 Office of the Mayor Annual Recess Agenda August 20, 2024 Dept. Fund Organization Project Account Program AmountOPD 1010-General Fund90591-Citywide Activities1000008-Admin Project 57612-Vehicle ReplacementPS01- Agency Wide Administration $2,319,768PUBLIC OUTREACH / INTEREST No outreach was deemed necessary for the proposed policy action other than what was already conducted during the FY 2024-25 Budget process. COORDINATION The Oakland Public Works Department prepared the requested action. This report and proposed resolution were reviewed by the Office of the City Attorney and the Budget Bureau. SUSTAINABLE OPPORTUNITIES Economic: Adoption of this proposed resolution will reduce maintenance costs, provide for safer and more reliable vehicles, and lower lifecycle costs for the City’s equipment. Environmental: The Equipment Services Division strives to maintain current industry standards for vehicles and equipment. Adoption of this proposed resolution will reduce environmental impacts by acquiring newer equipment that uses less fuel and has lower tailpipe emissions. Race & Equity: The equipment replacement acquisition gained from this cooperative agreement will support the City of Oakland operations. As the City’s budgeted activities increasingly prioritize race & equity, these agreement services support that mission. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) This action is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3) (common sense exemption and 15306 (information collection).
Justin D. Johnson, City AdministratorSubject: OPD Critical Public Safety Vehicles AcquisitionsDate: August 2 , 2024 Page 5 Office of the Mayor Annual Recess AgendaAugust 20, 2024 ACTION REQUESTED OF THE CITY COUNCILStaff Recommends That The City Council Adopt A Resolution Authorizing The City Administrator To Enter Into A Cooperative Purchase Agreement with The Ford Store For The Acquisition Of Oakland Police Department Vehicles In An Amount Not To Exceed Five Hundred Thousand Dollars ($500,000), And Making California Environmental Quality Act (CEQA) Exemption FindingsFor questions regarding this report, please contact Joseph Williams, Equipment Services Manager, at (510) 615-5489.Respectfully submitted, Michael KashiwagiInterim Director Oakland Public Works Reviewed by: Richard Battersby, Assistant DirectorOakland Public WorksPrepared ByJoseph Williams, Equipment Services ManagerOakland Public Works Attachments (2):A. County of Alameda Master Contract No. 901979B. The Ford Store 2024 City of Oakland Business Tax License
110-23 Master Contract No. 901979
Procurement Contract No. 22888
QUESTIONNAIRE FOR DETERMINING THE WITHHOLDING STATUS
INSTRUCTIONS: This questionnaire is to be completed by the County department for services contracts and must be included as part of the contract package. Be sure to answer all of the questions in Sections I and II and to complete the certifications on page 2. Sections III and IV contain supplemental questions to be answered for contractors in certain service categories.
CONTRACTOR NAME: THE FORD STORE SAN LEANDRO DEPT #: 400100
TITLE/SERVICE: VEHICLE PURCHASE
DEPT. CONTACT: ASHWIN SWENSON PHONE: 510.224.7326
I. INFORMATION ABOUT THE CONTRACTO R YES NO
1. Is the contractor a corpora tion or partnership? ( X ) ( )
2. Does the contractor have the right per the contract to hire others to do the work agreed to in the contract?
( X ) ( )
3. If the answer to BOTH questions is YES, provide the employer ID number here:
33-0893218
No other questions need to be answered. Withholding is not required.
4. If the answer to question 1 is NO and 2 is YES, provide the individual social security number here:
No other questions need to be answered. Withholding is not required.
5. If the answer to question 2 is NO, continue to Section II.
II. RELATIONSHIP OF THE PARTIES YES NO
1. Does the County have the right to control the way in which the work will be done, i.e., will the County be able to specify the sequence of steps or the processes to be followed if it chooses to do so?
( ) ( )
2. Is the contractor restricted from performing similar services for other businesses while contractor is working for the County? ( ) ( )
3. Will the contractor be working for more than 50% of the time for the County (50% = 20 hrs/wk; 80 hrs/mo)?
( ) ( )
Attachment A
110-23 Master Contract No. 901979
Procurement Contract No. 22888
y/Department
4. Is the relationship between the County and the contractor intended to be ongoing?
( ) ( )
III. FOR CONSULTANTS, PR OJECT MANAGERS, PROJECT
COORDINATORS
YES NO
1. Is the contractor being hired fo r a period of time rather than for a specific project?
( ) ( )
2. Will payment be based on a wa ge or salary (as opposed to a commission or lump sum)?
( ) ( )
IV. FOR PHYSICIANS, PSYCHIATRISTS, DENTISTS,
PSYCHOLOGISTS
YES NO
1. Will the agreement be with an individual who does not have an outside practice?
( ) ( )
2. Will the contractor work more th an an average of ten hours per week?
IF THE ANSWER TO QUESTION 2 IS YES, ANSWER
QUESTION 3.
( ) ( )
3. Will the County provide more than 20% of the contractor’s income?
( ) ( )
4. If the answer to either question 2, or if required, question 3 is NO, the entire answer is NO.
A “YES” answer to any of the questions in Section II, or, if applicable, Sections III or IV constitutes justification for paying the contractor through the payroll system as an “employee for withholding purposes.”
CERTIFICATIONS:
I hereby certify that the answers to the above questions accurately reflect the anticipated working relationship for this contract.
Contractor Signature
Ming Yeung
Agenc Head/Designee Signature
Detra Dillon
Printed Name
9/23/2021
Printed Name
9/23/2021
Date Date
Master Contract No. 901979
Procurement Contract No. 22889
COUNTY OF ALAMEDA
STANDARD SERVICES AGREEMENT
This Agreement, dated as of 9/23/2021 , is by and between the County of Alameda,
hereinafter referred to as the “County”, and The Ford Store San Leandro, hereinafter referred to as the “Contractor”.
WITNESSETH
Whereas, County desires to obtain vehicle purchase which are more fully described in Exhibit A hereto (“Description of Services”); and
Whereas, Contractor is professionally qualified to provide such services and is willing to provide same to County; and
Now, therefore it is agreed that County does hereby retain Contractor to provide vehicle purchase, and Contractor accepts such engagement, on the General Terms and Conditions hereinafter specified in this Agreement, the Additional Provisions attached hereto, and the following described exhibits, all of which are incorporated into this Agreement by this reference:
Exhibit A Definition of Services
Exhibit A-1 Specific Requirements
Exhibit B Payment Terms
Exhibit C Insurance Requirements
Exhibit D Debarment and Suspen sion Certification
Exhibit E The Iran Contracting Act (ICA) of 2010
The term of this Agreement shall be from October 1, 2021 through September 30, 2024.
The County neither warrants nor guarantees any minimum compensation to the Contractor under this Agreement. Payment to Cont ractor shall be based on actual services performed on behalf of the County. The compensation paya ble to Contractor hereunder shall be paid from a total pool contract amount for the vehicle purchase. The total pool amount for all contracts shall not exceed Nine Million dollars ($9,000,000) for the term of this Agreement.
Exhibit E
Master Contract No. 901979
Procurement Contract No. 22889
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
COUNTY OF ALAMEDA THE FORD STORE SAN LEANDRO
By:
Signature
By:
Signature
Name: Detra Dillon
(Printed)
Name: Ming Yeung
(Printed)
Title: Procurement Administrator
Date: 9/23/2021
Title: Commercial Account Manag e
Date: 9/23/2021
By signing above, signatory warrants
and represents that he/she executed this
Agreement in his/her authorized
capacity and that by his/her signature
on this Agreement, he/she or the entity
upon behalf of which he/she acted,
executed this Agreement.
Master Contract No. 901979
Procurement Contract No. 22889
GENERAL TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR: No relationship of employer and employee is created by this Agreement; it being understood and agreed that Contractor is an independent contractor. Contractor is not the agent or employee of the County in any capacity whatsoever, and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor.
Contractor shall have no claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance medical care, hospital care, retirement benefits, social security, disability, Workers’ Compensation, or unemployment insurance benefits, civil service protection, or employee benefits of any kind.
Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractor’s failure to pay such amounts.
In carrying out the work contemplated herein, Contractor shall comply with all applicable federal and state workers’ compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participating in the work; and agrees that such officers, agents, and/or employees will be considered as independent contractors and shall not be treated or considered in any way as officers, agents and/or employees of County.
Contractor does, by this Agreement, agree to perform his/her said work and functions at all times in strict accordance with currently approved methods and practices in his/her field and that the sole interest of County is to insure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with the standards required by the County agency concerned.
Notwithstanding the foregoing, if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding, County may upon two week’s notice to Contractor, withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments.
2. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify the County of Alameda, its Board of Supervisors, Master Contract No. 901979
Procurement Contract No. 22889
employees and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the performance of services under this Agreement, provided that any such claim, loss, damage, liability or expense is attributable to bodily injury, sickness, disease, death or to injury to or destruction of property, including the loss therefrom, or to any violation of federal, state or municipal law or regulation, which arises out of or is any way connected with the performance of this agreement (collectively “Liabilities”) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee.
The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder. The obligations of this indemnity shall be for the full amount of all damage to County, including defense costs, and shall not be limited by any insurance limits.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the Alameda County Employees’ Retirement Association (ACERA) or California Public Employees’ Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County, Contractor shall indemnify, defend, and hold harmless County for the payment of any employee and/or employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of County.
3. INSURANCE AND BOND: Contractor shall at all times during the term of the Agreement with the County maintain in force, at minimum, those insurance policies and bonds as designated in the attached Exhibit C, and will comply with all those requirements as stated therein. The County and all parties as set forth on Exhibit C shall be considered an additional insured or loss payee if applicable. All of Contractor’s available insurance coverage and proceeds in excess of the specified minimum limits shall be available to satisfy any and all claims of the County, including defense costs and damages. Any insurance limitations are independent of and shall not limit the indemnification terms of this Agreement. Contractor’s insurance policies, including excess and umbrella insurance policies, shall include an endorsement and be primary and non-contributory and will not seek contribution from any other insurance (or self- insurance) available to County. Contractor’s excess and umbrella insurance shall also apply on a primary and non-contributory basis for the benefit of the County before County’s own insurance policy or self-insurance shall be called upon to protect it as a named insured.
4. PREVAILING WAGES: Pursuant to Labor Code Sections 1770 et seq., Contractor shall pay to persons performing labor in and about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality Master Contract No. 901979
Procurement Contract No. 22889
in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality, which per diem wages shall not be less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract.
5. WORKERS’ COMPENSATION: Contractor shall provide Workers' Compensation insurance, as applicable, at Contractor's own cost and expense and further, neither the Contractor nor its carrier shall be entitled to recover from County any costs, settlements, or expenses of Workers' Compensation claims arising out of this Agreement.
6. CONFORMITY WITH LAW AND SAFETY:
a. In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act. Contractor shall indemnify and hold County harmless from any and all liability, fines, penalties and consequences from any of Contractor’s failures to comply with such laws, ordinances, codes and regulations.
b. Accidents: If a death, serious personal injury, or substantial property damage occurs in connection with Contractor’s performance of this Agreement, Contractor shall immediately notify the Alameda County Risk Manager's Office by telephone.
Contractor shall promptly submit to County a written report, in such form as may be required by County of all accidents which occur in connection with this Agreement. This report must include th e following information: (1) name and address of the injured or deceased person(s); (2) name and address of Contractor's sub-Contractor, if any; (3) name and address of Contractor's liability insurance carrier; and (4) a detailed description of the accident and whether any of County's equipment, tools, material, or staff were involved.
c. Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and to grant to the County the opportunity to review and inspect such evidence, including the scene of the accident.
7. DEBARMENT AND SUSPENSION CERTIFICATION: (Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000).
Master Contract No. 901979
Procurement Contract No. 22889
a. By signing this agreement and Exhibit D, Debarment and Suspension Certification, Contractor/Grantee agrees to comply with applicable federal suspension and debarment regulations, including but not limited to 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549.
b. By signing this agreement, Contractor certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded by any federal department or agency;
(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction.
8. PAYMENT: For services performed in accordance with this Agreement, payment shall be made to Contractor as provided in Exhibit B hereto.
9. TRAVEL EXPENSES: Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement.
10. TAXES: Payment of all applicable federal, state, and local taxes shall be the sole responsibility of the Contractor.
11. OWNERSHIP OF DOCUMENTS: Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals, plans, specification, designs, drawings, sketches, renderings, models, reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement, whether prepared by the County, the Contractor, the Contractor’s sub- Contractors or third parties at the request of the Contractor (collectively, “Documents and Materials”). This explicitly includes the electronic copies of all above stated documentation.
Contractor also hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including electronic copies stored in Contractor’s Information System, respecting in any way the subject matter of this Agreement.
Contractor shall be permitted to retain copies, including reproducible copies and computerized copies, of said Documents and Materials. Contractor agrees to take such Master Contract No. 901979
Procurement Contract No. 22889
further steps as may be reasonably requested by County to implement the aforesaid assignment. If for any reason said assignment is not effective, Contractor hereby grants the County and any assignee of the County an express royalty – free license to retain and use said Documents and Materials. The County’s rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractor’s services as set forth in Exhibit “A” of this Agreement have been fully performed or paid for.
In Contractor’s contracts with other Contractors, Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and license rights as to that Contractor’s Documents and Materials. Contractor agrees to defend, indemnify, and hold the County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors and/or Sub-Contractors.
Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials, methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit “A”, and shall defend, indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection. The County’s rights under this Paragraph 11 shall not extend to any computer software used to create such Documents and Materials.
12. CONFLICT OF INTEREST; CONFIDENTIALITY: The Contractor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required under this Agreement.
Without limitation, Contractor represents to and agrees with the County that Contractor has no present, and will have no future, conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife, environmental or regulatory agency) which has any interest adverse or potentially adverse to the County, as determined in the reasonable judgment of the Board of Supervisors of the County.
The Contractor agrees that any information, whether proprietary or not, made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person. The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph 13 of this Agreement, if it is requested to disclose any information made known to or discovered by it during the performance of or in connection with this Agreement. These conflict of interest and fu ture service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder.
13. NOTICES: All notices, requests, demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows:
Master Contract No. 901979
Procurement Contract No. 22889
Personal delivery: When personally delivered to the recipient, notices are effective on delivery.
First Class Mail: When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox. Certified Mail: When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.
Overnight Delivery: When delivered by overnight delivery (Federal Express/Airborne/United Parcel Service/DHL WorldWide Express) with charges prepaid or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service. Telex or facsimile transmission: When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice, notice is effective on receipt, provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery, or (b) the receiving party delivers a written confirmation of receipt. Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.
Addresses for purpose of giving notice are as follows:
To County: COUNTY OF ALAMEDA
GENERAL SERVICES AGENCY
MOTOR VEHICLE DIVISION
165-13
th Street, Oakland, CA 94612
Attn: Ashwin Swenson, [email protected]
COUNTY OF ALAMEDA
PUBLIC WORKS AGENCY
6089 Madigan Road, Dublin, CA 94568
Attn: Jennifer Nuyten, [email protected]
ZONE 7 WATER AGENCY
100 North Canyons Parkway, Livermore, CA 94551
Attn: Zeljka Bozic, [email protected]
To Contractor: THE FORD STORE SAN LEANDRO
1111 Marina Boulevard, San Leandro, CA 94577
Attn: Ming Yeung, [email protected]
Master Contract No. 901979
Procurement Contract No. 22889
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service.
Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement.
14. USE OF COUNTY PROPERTY: Contractor shall not use County property (including equipment, instruments and supplies) or personnel for any purpose other than in the performance of his/her obligations under this Agreement.
15. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS: Contractor assures that he/she/it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non- merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement.
a. Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an “Equal Opportunity Employer” or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor.
b. Contractor shall, if requested to so do by the County, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor.
c. If requested to do so by the County, Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.
d. Contractor shall recruit vigorously and encourage minority - and women-owned businesses to bid its subcontracts.
e. Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act, which is prohibited by law.
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f. The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts.
16. DRUG-FREE WORKPLACE: Contractor and Contractor's employees shall comply with the County's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code § 812, including, but not limited to, marijuana, heroin, cocaine, and amphetamines, at any County facility or work site. If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site, the Contractor within five days thereafter shall notify the head of the County department/agency for which the contract services are performed. Violation of this provision shall constitute a material breach of this Agreement.
17. AUDITS; ACCESS TO RECORDS: The Contractor shall make available to the County, its authorized agents, officers, or employees, for examination any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursements charged to the County, and shall furnish to the County, its authorized agents, officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor.
The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement. If such book s and records are not kept and maintained by Contractor within the County of Alameda, California, Contractor shall, upon request of the County, make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable, and necessary costs incurred by the County in inspecting Contractor’s books and records, including, but not limited to, travel, lodging and subsistence costs. Contractor shall provide such assistance as may be reasonably required in the course of such inspection. The County further reserves the right to examine and reexamine said books, records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder, as evidenced in writing by the County, and the Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed, whichever is later.
18. DOCUMENTS AND MATERIALS: Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement, all Documents and Master Contract No. 901979
Procurement Contract No. 22889
Materials, as defined in Paragraph 11 of this Agreement. C ontractor’s obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County), and Contractor shall in no event dispose of, destroy, alter or mutilate said Documents and Materials, for three (3) years following the County’s last payment to Contractor under this Agreement.
19. TIME OF ESSENCE: Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
20. TERMINATION: The County has and reserves the right to suspend, terminate, or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice. In the event that the County should abandon, terminate, or suspend the Contractor’s work, the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension, termination, or abandonment. Said payment shall be co mputed in accordance with Exhibit B hereto, provided that the maximum amount payable to Contractor for its vehicle purchase shall not exceed the pool amount of $9,000,000 payment for vehicles provided hereunder prior to the effective date of said suspension, termination or abandonment.
21. SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION:
SMALL, LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION:
Contractor has been certified by the County as a small or emerging local business. As a result, there is no requirement to subcontract with another business in order to satisfy the County’s Small and Emerging Locally owned Business provision. If during the term of this contract, Contractor’s certification status changes, Contractor shall notify the County within three business days.
Should Contractor’s status as a certified small or emerging local business change at any time during the term of this Agreement, Contractor shall negotiate with County to be in compliance with the County’s Small and Emerging Local Business provision, including but not limited to:
a. Contractor must subcontract a minimum 20% of the remaining contract value with a certified small or emerging local business(es).
Master Contract No. 901979
Procurement Contract No. 22889
b. SLEB subcontractor(s) is independently owned and operated (i.e., is not owned or operated in any way by Prime), nor do any employees of either entity work for the other.
c. As is applicable, Contractor shall ensure that their certification status is maintained in compliance with the SLEB Program for the term of this contract.
d. For any subcontractors retained to comply with this provision, Contractor shall not substitute any such small and/or emerging local business(s) subcontractor without prior written approval from the County. Said requests to substitute shall be submitted in writing to the County department contract representative identified under Item #13 above. Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency, Office of Contract Compliance & Reporting (OCCR). Further approval from the Board of Supervisors may also be required.
e. If subcontractors are added to the contract, all SLEB participation, except for prime contractor, must be tracked and monitored utilizing the Elation compliance System (see Exhibit E). SLEB prime contractor with SLEB subcontractors must enter payments made to subcontractors in the Elation System and ensure that SLEB subcontractors confirm payments received.
f. Contractor shall meet the requirements above within 15 business days of the County notifying Contractor that it is no longer in compliance with the program.
County will be under no obligation to pay contractor for the percent committed to a SLEB subcontractor if the work is not performed by the listed small and/or emerging local business.
g. For further information regarding the Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controller’s Office of Contract Compliance & Reporting (OCCR) via e-mail at [email protected].
22. FIRST SOURCE PROGRAM: For contracts over $100,000 , Contractor shall provide County ten (10) working days to refer to Contractor, potential candidates to be considered by Contractor to fill any new or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public.
23. CHOICE OF LAW: This Agreement shall be governed by the laws of the State of California.
Master Contract No. 901979
Procurement Contract No. 22889
24. WAIVER: No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
25. ENTIRE AGREEMENT: This Agreement, incl uding all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement. As used here in, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. Th e Agreement may not be modified except by a written document signed by both parties.
26. HEADINGS herein are for convenience of reference only and shall in no way affect interpretation of the Agreement.
27. ADVERTISING OR PUBLICITY: Contractor shall not use the name of County, its officers, directors, employees or agents, in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance.
28. MODIFICATION OF AGREEMENT: This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties.
29. ASSURANCE OF PERFORMANCE: If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement, County may request from Contractor prompt written assurances of performance and a written plan acceptable to County, to correct the observed deficiencies in Contractor’s performance. Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of County’s request and shall thereafter diligently commence and fully perform such written plan. Contractor acknowledges and agrees that any failure to provide such written assurances and written plan within the required time is a material breach under this Agreement.
Master Contract No. 901979
Procurement Contract No. 22889
30. SUBCONTRACTING/ASSIGNMENT: Contractor shall not subcontract, assign, or delegate any portion of this Agreement or any duties or obligations hereunder without the County’s prior written approval.
a. Neither party shall, on the basis of this Agreement, contract on behalf of or in the name of the other party. Any agreement that violates this Section shall confer no rights on any party and shall be null and void.
b. Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without County’s prior written approval. c. Contractor shall require all subcontractors to comply with all indemnification and insurance requirements of this agreement, including, without limitation, Exhibit C.
Contractor shall verify subcontractor’s compliance.
d. Contractor shall remain fully responsible for compliance by its subcontractors with all the terms of this Agreement, regardless of the terms of any agreement between Contractor and its subcontractors.
31. SURVIVAL: The obligations of this Agreement, which by their nature would continue beyond the termination on expiration of the Agreement, including without limitation, the obligations regarding Indemnification (Paragraph 2), Ownership of Documents (Paragraph 11), and Conflict of Interest (Paragraph 12), shall survive termination or expiration.
32. SEVERABILITY: If a court of competent ju risdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.
33. PATENT AND COPYRIGHT INDEMNITY: Contractor represents that it knows of no allegations, claims, or threatened claims that the materials, services, hardware or software (“Contractor Products”) provided to County under this Agreement infringe any patent, copyright or other proprietary right. Cont ractor shall defend, indemnify and hold harmless County of, from and against all losses, claims, damages, liabilities, costs expenses and amounts (collectively, “Losses”) arising out of or in connection with an assertion that any Contractor Products or the use thereof, infringe any patent, copyright or other proprietary right of any third party. County will: (1) no tify Contractor promptly of such claim, suit, or assertion; (2) permit Contractor to defend, compromise, or settle the claim; and, (3) provide, on a reasonable basis, information to enable Contractor to do so.
Contractor shall not agree without County’s prior written consent, to any settlement, Master Contract No. 901979
Procurement Contract No. 22889
which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products.
a. If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County, County may defend itself and/or settle such proceeding, and Contractor shall pay to County any and all losses, damages and expenses (including attorney’s fees and costs) incurred in relationship with County’s defense and/or settlement of such proceeding.
b. In the case of any such claim of infringement, Contractor shall either, at its option, (1) procure for County the right to continue using the Contractor Products; or (2) replace or modify the Contractor Products so that that they become non-infringing, but equivalent in functionality and performance.
c. Notwithstanding this Section 33, County retains the right and ability to defend itself, at its own expense, against any claims that Contractor Products infringe any patent, copyright, or other intellectual property right.
34. OTHER AGENCIES: Other tax supported agenci es within the State of California who have not contracted for their own requirements may desire to participate in this contract.
The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements. If the Contractor elects to supply other agencies, orders will be placed directly by the agency and payments made directly by the agency.
35. EXTENSION: This agreemen t may be extended for additional two years by mutual agreement of the County and the Contractor.
36. SIGNATORY: By signing this agreement, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.
[END OF GENERAL TERMS AND CONDITIONS]
Master Contract No. 901979
Procurement Contract No. 22889
EXHIBIT A
DEFINITION OF SERVICES
1. Contractor shall provide vehicle purchase with the Specific Requirements and Deliverables/Reports set on this Exhibit A, consisting of the following:
Exhibit A-1 Specific Requirements
a. This Exhibit A has been drafted to include the requirements contained in the Request for Quotation No. 901979, including any addenda, the proposal response of Contractor (Response), and additional services that the County obtained through negotiations, if any. In the ev ent of any conflict (direct or indirect) among any of the exhibits, the RFQ and the Response, the more stringent requirements providing the County with the broader scope of services shall have precedence, such that this Exhibit A including all attachments, the scope of work described in the RFQ and the scope of work described in Contractor’s proposal shall be performed to the greatest extent feasible.
b. Contractor shall provide, as requested, on a non-exclusive basis, vehicle purchase as described in Exhibit A-1. Contractor understands that they are other vendor on a list that may provide vehicle purchase, the Contract Pool. c. The RFQ and Response may be relied upon to interpret this Contract and shall be applied in such a manner so that the obligations of the Contractor are to provide the County with the broadest scope of services for the best value.
2. Contractor project team will consist of the following Key Personnel and subcontractors, as applicable during the contract term:
Name Title Telephone Email Address
Ming Yeung Fleet Manage r 510-347-4138 myeung@s anleandroford.com David Gonzalez Fleet Manage r 510-347-4151 dgonz [email protected] Julio Coronado General Sales
Manager
510-347-4149 jcor [email protected]
Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County, which agreement shall not be unreasonably withheld. Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement, Contractor shall make a good faith effort to present to
Exhibit E
Master Contract No. 901979
Procurement Contract No. 22889
Exhibit A
County an individual with greater or equal qualifications as a replacement subject to County’s approval, which approval shall not be unreasonably withheld.
3. The approval of County to a requested change shall not release Contractor from its obligations under this Agreement.
Master Contract No. 901979
Procurement Contract No. 22889
Exhibit E
EXHIBIT A-1
SPECIFIC REQUIREMENTS
1. Vehicle shall be new (unused) and manufacturer’s current production as of the time of purchase of vehicles.
2. Vehicles shall be supplied with all equipment and accessories indicated as standard equipment in the manufacturer’s published literature (or web site).
3. Vehicle classifications shall be consistent with the U.S. Environmental Protection Agency (EPA) and U.S. Department of Energy (DOE) Fuel Economy Guide.
4. All parts, components, and accessories shall be genuine Original Equipment Manufacturer (O.E.M.) shall be included for each vehicle including, but not limited to:
a. Spare key(s) and fob(s), if separate
b. Air Conditioning
c. Automatic Transmission
d. AM/FM Radio
e. Floor mat sets installed in all seating rows where the vehicle comes with carpeted floors.
f. If available as standard or optional equipment, all vehicles with a GVWR under 10,000 pounds shall include a mounted spare tire and wheel changing tools (if a full size spare is available, then it shall be included).
5. All O.E.M. option prices shall be charged at actual dealer’s cost.
6. Wheel weights shall contain no more than 0.1 percent lead by weight per HSC §25215.6
7. Exterior color will be advised by County upon order.
8. Inerior color shall be factory standard.
9. Fuel types may include any of the following:
a. Gasoline (maximum 87 octane)
Master Contract No. 901979
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Exhibit A-1
b. Diesel
c. Flexible Fuel Vehicles (FFV) also called Ethanol or E85 d. Compressed Natural Gas (CNG): CNG systems must be OEM or OEM approved
e. Hybrid-Electric Vehicles (HEV)
f. Plug-in Hybrid Electric Vehicles (PHEV)
g. Electric Vehicles (EV) also called Battery Electric Vehicles (BEV)
h. Fuel Cell Vehicles (FCV)
10. Emission Certification for all vehicles shall be 50 State emissions.
11. SAFETY AND REGULATIONS
a. Vehicles shall be fully compliant with all federal and state regulations in effect as of the date of manufacture.
b. Vehicle shall be capable of operating successfully with all options ordered with vehicle.
c. All vehicle brake friction materials must meet the requirements as identified in Health and Safety Code (HSC) Section 25250.51.
d. Vehicles shall conform to the Federal Motor Vehicle Safety Standards (FMVSS) and the California Vehicle Code (CVC) requirements in effect as of the date of manufacture.
e. Vehicle engine shall be California Air Resource Board (CARB) certified to operate on highway in the State of California at the time of manufacture.
f. Any motor vehicle rated at 8,500 pounds GVWR or less which has a vehicle curb weight of 6,000 pounds or less shall meet or exceed California’s Ultra-Low Emission Vehicle II (ULEV II) standards for exhaust emissions (13 California Code of Regulations (CCR) 1961).
12. TITLE
Master Contract No. 901979
Procurement Contract No. 22889
Exhibit A-1
a. All documents required to obtain a State of California Title must be properly completed and delivered to Alameda County.
b. Invoice from the manufacturer’s dealer accompanying a line sheet listing all equipment with order codes must be delivered with all vehicles. All components of option packages must be in or on the vehicle at the time of delivery.
13. MANUALS
a. Contractor shall furnish for the life of the contract web access to OEM diagnostic software including parts lists, service, maintenance, operation, and overhaul manuals for the chassis, engine, transmission, drive line, electrical, fuel, and emissions upon delivery of the vehicles to the County.
14. Warranty
a. Each vehicle purchased shall accompany the manufacturer’s warranty at time of delivery at no additional cost to County.
b. Original manufacturer warranty shall be in effect for all aftermarket parts.
15. Delivery
a. All vehicles shall be delivered with fluid levels at the manufacturer’s recommended full capacity.
b. All manufacturer’s pre-delivery service and inspections shall be completed prior to delivery.
c. Delivery shall be Free On Board (F.O.B) destination prepaid and allowed to Alameda County for:
(1) Dublin
(2) Livermore
(3) Oakland
d. Contractor shall agree to drop ship vehicle directly to an alternate location within Alameda County borders at no additional charge to County upon request at time of order.
Master Contract No. 901979
Procurement Contract No. 22889
Exhibit E
EXHIBIT B
PAYMENT TERMS
1. County will use its best efforts to make payment to Contractor upon successful completion and acceptance of the following services listed within thirty (30) days upon receipt and approval of invoice.
2. County will pay the dollar amount over triple-net dealer invoice in the amount of $1,800 for every vehicle purchased from Contractor during the term of this contract.
3. Invoices will be reviewed for approval by the County, General Services Agency-Motor Vehicle Divison, Public Works Agency, and Zone 7 Water District.
4. Total payment under the terms of this Agreement will not exceed the total pool amount of $9,000,000. This cost include s all taxes and all other charges.
Master Contract No. 901979
Procurement Contract No. 22889
EXHIBIT C
Exhibit E
INSURANCE REQUIREMENTS
WAIVED
Master Contract No. 901979
Procurement Contract No. 22889
EXHIBIT D
SIGNATURE: DATE: 9/23/2021
Exhibit D
COUNTY OF ALAMEDA
DEBARMENT AND SUSPENSION CERTIFICATION
The contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principals, and any named and unnamed subcontractor:
Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years;
Does not have a proposed debarment pending; and
Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.
If there are any exceptions to this certification, insert the exceptions in the following space.
For any exception noted, indicate to whom it applies, initiating agency, and dates of action.
Exceptions will not necessarily result in denial of award, but will be considered in determining Contractor responsibility.
Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Standard Services Agreement.
Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification.
CONTRACTOR: The Ford store San Leandro
PRINCIPAL: Ming Yeung TITLE: Commercial Account Manager
Master Contract No. 901979
Procurement Contract No. 22889
SIGNATURE: DATE: 9/23/2021
Exhibit E
EXHIBIT E
COUNTY OF ALAMEDA
THE IRAN CONTRACTING ACT (ICA) OF 2010
For Procurements of $1,000,000 or more
The California Legislature adopted the Iran Contra cting Act (ICA) to respond to policies of Iran in a uniform fashion (PCC § 2201(q)). The ICA prohibits persons enga ged in investment activities in Iran from bidding on, submitting pr oposals for, or entering into or renewing contracts with public entities fo r goods and services of one million dollars ($1,000,000) or more (PCC § 2203(a)). A person who “engages in investment activities in Iran” is defined in either of two ways:
1. The person provides goods or services of twen ty million dollars ($20,000,000) or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or ma intain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or
2. The person is a financial inst itution (as that term is defi ned in 50 U.S.C. § 1701) that extends twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or se rvices in the energy sector in Iran and is identified on a list cr eated by the California Department of General Services (DGS) pursuant to PCC § 2201(b) as a person engaging in the investment activities described in paragraph 1 above.
By signing below, I hereby certify that as of the time of bidding or propos ing for a new contract or renewal of an existing contr act, neither I nor the company I own or work for are identified on the DGS list of ineligible persons and neither I nor the company I own or work for are engaged in investment activities in Iran in violation of the Iran Contracting Act of 2010.
If either I or the company I own or work for are ineligible to bid or submit a proposal or to renew a contract, but I believe I or it qualifies for an exception listed in PCC § 2202(c), I have described in detail the nature of the exception:
CONTRACTOR: The Ford store San Leandro
PRINCIPAL: Ming Yeung TITLE: Commercial Account Manager
CITY OF OAKLAND
BUSINESS LOCATION
EXPIRATION DATE
BUSINESS TAX CERTIFICATE
The issuing of a Business Tax Certificate is for revenue purposes only. It does not relieve the taxpayer from the responsibility of complying with the requirements of any other agency of the City of Oakland and/or any other ordinance, law or regulation of the State of California, or any other governmental agency. The Business Tax Certificate expires on December 31st of each year. Per Section 5.04.300 (C,D), of the O.M.C. you are allowed a renewal grace period until March 1st the following year.
BUSINESS TYPE
THE FORD STORE SAN LEANDRO
GUS KNEZEVICH
MING YEUNG
1111MARINA BLVD
SAN LEANDRO, CA 94577-3364
Automobile Dealer
12/31/2024
1111 MARINA BLVD
SAN LEANDRO, CA 94577-3364
ACCOUNT
NUMBER
00199559
C
A BUSINESS TAX CERTIFICATE
IS REQUIRED FOR EACH
BUSINESS LOCATION AND IS
NOT V ALID FOR ANY OTHER
ADDRESS.
PUBLIC INFORMATION ABOVE
THIS LINE TO BE
CONSPICUOUSLY POSTED !
ALL OAKLAND BUSINESSES
MUST OBTAIN A VALID
ZONING CLEARANCE TO
OPERATE YOUR BUSINESS
LEGALLY. RENTAL OF REAL
PROPERTY IS EXCLUDED
FROM ZONING.
DBA
Starting January 1, 2021, Assembly
Bill 1607 requires the prevention of
gender-based discrimination of
business establishments. A full notice
is available in English or other
languages by going to:
https://www.dca.ca.gov/publications
Attachment B
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APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER
INTO A COOPERATIVE PURCHASE AGREEMENT WITH THE FORD
STORE FOR THE ACQUISITION OF OAKLAND POLICE DEPARTMENT
VEHICLES IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000), AND MAKING CALIFORN IA ENVIRONMENTAL
QUALITY ACT (CEQA) EXEMPTION FINDINGS
WHEREAS, the Oakland Public Works Department’s (OPW’s) Bureau of Maintenance and Internal Services (BMIS) is responsible for the procurement of the City of Oakland’s (City) fleet and equipment; and
WHEREAS, the Fiscal Year (FY) 202 4-25 Adopted Budget appropriated and allocated funds in the General Fund for the replacement of Oakland Police Department Public Safety equipment that are beyond its economic service life; and
WHEREAS, Oakland Municipal Code (OMC) § 2.04.080 provides that “ Where advantageous for the City, the City Administrator may purchase supplies or services as defined in Section 2.04.010, through legal contracts of other governmental jurisdictions or public agencies that were awarded pursuant to an appropriate competitive process (i.e. advertised and bid for products and non -professional services; advertised and awarded through an RFP/Q process for professional services) without further contracting, solicitation, or formal bidding. Cooperative agreements are subject to Cit y of Oakland purchasing and other applicable policies and requirements set forth in the City’s standard contracts and insurance requirements”; and
WHEREAS, the use of cooperative agreements allows the City to ensure services are uninterrupted, provides the City with access to commodities and services at lower prices, which results in significant cost savings for the City, and use of another jurisdictions competitive procurement process in lieu of relying on a City-initiated advertising and bidding process significantly shortens the contract cycle process because the competitive solicitation process has been completed by another governmental jurisdiction or public agency saving staff time and resources; and
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WHEREAS, staff seeks City Council approval pu rsuant to OMC § 2.04.030 of this cooperative purchase agreement that exceed $250,000 in value; and
WHEREAS, the Oakland Police Department is operating with vehicles that have exceeded their life cycle; and
WHEREAS, the replacement of police interceptors is essential to ensure the uninterrupted provision of City emergency and non-emergency services; and
WHEREAS, staff seeks City Council approval pursuant to OMC § 2.04.030 to award contracts, via the cooperative purchase agreement process, to The Ford Store; and
WHEREAS, the proposed purchase of police interceptor vehicles is recommended to be made by using Master Contract No.901979 County of Alameda, Public Works Agency; and
WHEREAS, the funds for these contracts are budgeted and available in the FY 2024 - 2025 General Fund (1010), Org 90591 - City-wide Activities, Project 1000008 – DP1000 Administrative Project; now, therefore, be it
RESOLVED: That pursuant to Oakland Municipal Code Section 2.04.80, the City Council authorizes the City Administrator to enter into a contract by the cooperative purchase agreement process, with The Ford Store in an amount not to exceed five hundred thousand dollars ($500,000) to purchase police interceptor vehicles; and be it
FURTHER RESOLVED: That the City Administrator or their designee is authorized to complete all required negotiations, execute the agreements, and take any other action consistent with this Resolution and its basic purpose; and be it
FURTHER RESOLVED: That the agreements and the action being undertaken to implement them are exempt from the California Environmental Quality Act (CEQA) under the following CEQA Guideline Sections: Section 15060(c)(2) (no direct or reasonably foreseeable indirect physical change in the environment); Section 15061(b)(3) (no significant effect on the environment); Section 15301 (existing facilities); Section 15307 (protection of natural resources); Section 15308 (protection of the environment); and Section 15309 (inspections), each of which provides a separate and independent basis for CEQA clearance and when viewed collectively provide an overall basis for CEQA clearance; and be it
FURTHER RESOLVED: That for the action proposed by this Resolution, the City Administrator shall file a Notice of Exemption with the Clerk of the County of Alameda; and
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FURTHER RESOLVED: That the contract and amendments authorized hereunder shall be reviewed and approved by the City Attorney for form and legality and shall be placed on file in the office of the City Clerk; and be it
FURTHER RESOLVED: That the City Administrator is authorized on behalf of the City to execute and submit all documents, payment requests, and related actions consistent with the authorizations set forth in this Resolution.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the City
of Oakland, California
3365290/AS