Orange City Council
June 14, 2022

CONTRACT
[Katella Avenue Street Improvement (Bid No. 21-22.34)]
THIS CONTRACT (the “Contract”) is made and entered into as of ______________, 2022 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and PALP INC., a California corporation DBA EXCEL PAVING COMPANY (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bond(s) presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:
(1) The Construction Plans for Katella Avenue Street Improvement (SP-4144) prepared by the City, approved by the “Engineer” (as defined herein below) on May 24, 2022, and consisting of sheets numbered 1 through 14, inclusive (the “Plans”); (2) The latest edition of the "City of Orange Standard Plans and Specifications" (the “Orange Book”) with the term "Engineer," as used in the Orange Book and in this Contract, to specifically include the City Engineer (or his/her designee); (3) The "Standard Specifications for Public Works Construction” (the “Greenbook”), and all amendments thereto, except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor for the performance of a part of the Work;” (4) The “City of Orange Standard Special Provisions;”
(5) The Standard Plans; and
(6) Contractor’s Bid Proposal, which is on file with City’s Department of Public Works.
b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special 445
2 Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.” c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.
d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.
e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Senior Civil Engineer, Youichi Nakagawa (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director. f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.

ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within forty-five (45) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract.

Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.

ARTICLE 3
Compensation
a. Contractor agrees to receive and accept an amount not to exceed EIGHT HUNDRED SIXTY-FOUR THOUSAND FOUR HUNDRED TWENTY DOLLARS and 00/100 ($864,420.00) unless said amount is amended by Contract Change Order approved by the City, as 446
3 compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them.

Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.
b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of EIGHTY-SIX THOUSAND FOUR HUNDRED FORTY-TWO DOLLARS and 00/100 ($86,442.00) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.
c. The total amount of compensation under this Contract, including contingencies, shall not exceed NINE HUNDRED FIFTY THOUSAND EIGHT HUNDRED SIXTY-TWO DOLLARS and 00/100 ($950,862.00).

ARTICLE 4
Licenses
Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the Work contemplated by this Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Contract.

ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract. 447
4 b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.
c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work. d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses incurred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced. e. It is understood that emergency repairs may, by necessity, be made by City.

Therefore, when defective equipment, materials or workmanship result in emergency repairs by City, Contractor shall reimburse City, upon demand, for all expenses incurred. Emergency repairs will be deemed as those repairs determined by City’s Director of Public Works to be necessary due to an immediate detriment to the health, safety, welfare or convenience of the residents of City.

ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8-2009-0030 (the “Permit”), which governs storm water and non-storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.
b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith. 448
5 ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

ARTICLE 8
Public Work; Prevailing Wage
a. The Work which is the subject of this Contract is a “public work,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid.

To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions. c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
449
6 “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the Work which is the subject of this Contract, Contractor shall bear all risks of payment or non-payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract.

ARTICLE 9
Equal Employment Opportunity
During the performance of this Contract, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 450
7 ARTICLE 10
Conflicts of Interest
Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. Contractor further agrees that it shall not be eligible to work as the builder for any project for which the design work is part of this Contract.

ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:
a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract. b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or its subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.

ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.
451
8 (1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
(2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.
(3) Workers’ Compensation as required by the State of California. (4) Employer’s Liability $1,000,000 per accident for bodily injury or disease. c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. d. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.
(2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it. 452
9 (3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.
f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor. i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor shall obtain any other endorsement that may be necessary to effect this waiver of subrogation. j. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.

ARTICLE 13
Termination
City, acting through its City Manager or his/her designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor. Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits. 453
10 ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.
b. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and (2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and (3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and (4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.
d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change 454
11 employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract. e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.
f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.

ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the jurisdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California.

ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the Work to be performed under this Contract shall be of any force or effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent with or in violation of the provisions of this Contract shall not be compensated. b. Amendments to this Contract must be in writing and signed by both parties. The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.

ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
455
12 “CONTRACTOR” “CITY”
Palp Inc., DBA Excel Paving Company City of Orange
2230 Lemon Avenue 300 E. Chapman Avenue
Long Beach, CA 90806 Orange, CA 92866-1591
Attn: Curtis P. Brown III Attn: Youichi Nakagawa
Telephone: (562) 599-5841 Telephone: (714) 744-5572
E-Mail: [email protected] E-Mail: [email protected] ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference.

ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. [Remainder of page intentionally left blank; signatures on next page] 456
13 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Mary E. Binning
Senior Assistant City Attorney
CITY OF ORANGE, a municipal corporation
By:

Mark A. Murphy
Mayor of the City of Orange
ATTEST:

Pamela Coleman
City Clerk
“CONTRACTOR”
PALP INC., a California corporation DBA

EXCEL PAVING COMPANY
[Note: Signature of Chairman of the By:

Board, President or Vice President is Printed Name:
required] Title:
[Note: Signature of Secretary, Assistant By:

Secretary, Chief Financial Officer or Printed Name:

Assistant Treasurer is also required] Title:
457
Attachment No. 1

ATTACHMENT NO. 1

CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 Section 1725.5. Registration of contractors; mandatory registration; qualifications and application; fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1)(A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. (B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section.

Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
458
Attachment No. 1

(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771. Payment of general prevailing rate
Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 459
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Section 1771.1. Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 460
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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 461
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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771.4. Additional requirements when bidding and awarding public works contracts (a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
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(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages. (c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.

Section 1775. Penalties for violations
(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 463
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or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.

Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. 464
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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labormanagement committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 465
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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.

Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program (a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 466
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apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 467
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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used solely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.

Section 1813. Forfeiture for violations; contract stipulation; report of violations The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 469
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the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.

Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
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ATTACHMENT NO. 2
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017) (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 471
Attachment No. 2

(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 472
Attachment No. 2

(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 473
Agenda Item
City Council
Item #: 3.34. 6/14/2022 File #: 22-0355
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Harbor Coating & Restoration for Fire Stations 2 & 4 Kitchen Remodel; Bid No. 21-22.37.

2. SUMMARY
Two informal bids for Fire Stations 2 & 4 Kitchen Remodel were received and opened on May 26, 2022. The apparent low bidder is Harbor Coating & Restoration of Orange, California in the amount of $89,400.

3. RECOMMENDED ACTION
Approve the contract with Harbor Coating & Restoration in the amount of $102,810, representing an original bid amount of $89,400, plus a 15% contingency of $13,410 and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract is $102,810 and will be funded through:

Fire Renovations (20332) Fire Facilities Fees (560) $45,000 Fire Station Maintenance (20334) Fire Facilities Fees (560) 50,000 City Facility Improvements (19809) Major Building Impr (725) 7,810 Total: $102,810

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
This project will provide Fire Stations 2 and 4 with new kitchens, similar to the upgraded kitchen at Fire Station 3. As part of this project, Fire Station 2 will also receive carpeting and painting improvements.

The informal bid solicitation was advertised on May 5 and May 12, 2022. Bids were opened on May City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.34. 6/14/2022 File #: 22-0355
The informal bid solicitation was advertised on May 5 and May 12, 2022. Bids were opened on May 26, 2022. Two bids were received as follows:

1. Harbor Coating & Restoration of Orange, CA $ 89,400

2. Elegant Construction, Inc. of Irvine, CA $174,600
Staff checked the references and qualifications for Harbor Coating & Restoration and found them to be acceptable, with adequate years of experience in completing contracts of similar nature to this project. Therefore, staff recommends that Harbor Coating & Restoration be awarded the contract in the total amount of $102,810, representing an original amount of $89,400, plus a contingency of $13,410, for the Fire Stations 2 & 4 Kitchen Remodel.

Construction is scheduled to begin in July 2022 and expected to be completed within a month.

7. ATTACHMENTS
· Bid Abstract
· Contract with Harbor Coating & Restoration
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.34. 6/14/2022 File #: 22-0355
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Harbor Coating & Restoration for Fire Stations 2 & 4 Kitchen Remodel; Bid No. 21-22.37.

2. SUMMARY
Two informal bids for Fire Stations 2 & 4 Kitchen Remodel were received and opened on May 26, 2022. The apparent low bidder is Harbor Coating & Restoration of Orange, California in the amount of $89,400.

3. RECOMMENDED ACTION
Approve the contract with Harbor Coating & Restoration in the amount of $102,810, representing an original bid amount of $89,400, plus a 15% contingency of $13,410 and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract is $102,810 and will be funded through:

Fire Renovations (20332) Fire Facilities Fees (560) $45,000 Fire Station Maintenance (20334) Fire Facilities Fees (560) 50,000 City Facility Improvements (19809) Major Building Impr (725) 7,810 Total: $102,810

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
This project will provide Fire Stations 2 and 4 with new kitchens, similar to the upgraded kitchen at Fire Station 3. As part of this project, Fire Station 2 will also receive carpeting and painting improvements.

The informal bid solicitation was advertised on May 5 and May 12, 2022. Bids were opened on May City of Orange Page 1 of 2 Printed on 6/9/2022
powered by Legistar™476
Item #: 3.34. 6/14/2022 File #: 22-0355
The informal bid solicitation was advertised on May 5 and May 12, 2022. Bids were opened on May 26, 2022. Two bids were received as follows:

1. Harbor Coating & Restoration of Orange, CA $ 89,400

2. Elegant Construction, Inc. of Irvine, CA $174,600
Staff checked the references and qualifications for Harbor Coating & Restoration and found them to be acceptable, with adequate years of experience in completing contracts of similar nature to this project. Therefore, staff recommends that Harbor Coating & Restoration be awarded the contract in the total amount of $102,810, representing an original amount of $89,400, plus a contingency of $13,410, for the Fire Stations 2 & 4 Kitchen Remodel.

Construction is scheduled to begin in July 2022 and expected to be completed within a month.

7. ATTACHMENTS
· Bid Abstract
· Contract with Harbor Coating & Restoration
City of Orange Page 2 of 2 Printed on 6/9/2022
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Fire Station 2 & 4 Kitchen
Remodel (#8195924)
Owner: Orange CA, City of
Solicitor: Orange CA, City of
05/26/2022 02:00 PM PDT
Engineer Estimate
Harbor Coating and
Restoration Orange, CA
Elegant
Construction Inc. Irvine, CA
Section Title
Line
Item
Item
Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Fire Station 2 $85,760.00 $56,400.80 $112,100.00
1 2-1.1 Demolish and Build Kitchen with Improvements per Plan LS 1 $30,000.00 $30,000.00 $33,000.00 $33,000.00 $62,500.00 $62,500.00 2 2-1.1
Remove Existing Carpet and Install Carpet with Tarkett Metri II "Jet Black" 61208 SF 3400 $15.00 $51,000.00 $3.53 $12,002.00 $9.00 $30,600.00 3 2-1.1
Prepare, Paint, and Finish Interior Walls per Dunn Edwards DEC786 "Miner's Dust" SF 800 $2.00 $1,600.00 $7.50 $6,000.00 $7.00 $5,600.00 4 2-1.1
Prepare, Paint, and Finish Outside Walls with Dunn Edwards DEW381 "Droplets" SF 980 $2.00 $1,960.00 $3.06 $2,998.00 $10.00 $9,800.00 5 2-1.1
Prepare, Paint, and Finish Doors and Frame with Dunn Edwards DET620 "Barnwood Gray" EA 6 $200.00 $1,200.00 $400.00 $2,400.00 $600.00 $3,600.00 Fire Station 4 $30,000.00 $33,000.00 $62,500.00
6 2-1.1 Demolish and Build Kitchen with Improvements per Plan LS 1 $30,000.00 $30,000.00 $33,000.00 $33,000.00 $62,500.00 $62,500.00 Base Bid Total: $115,760.00 $89,400.00 $174,600.00
478

CONTRACT
[Fire Station 2 & 4 Kitchen Remodel (Bid No. 21-22.37)] THIS CONTRACT (the “Contract”) is made and entered into as of ______________, 2022 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and HARBOR COATING & RESTORATION, INC., a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:
(1) The Construction Plans for Fire Station 2 & 4 Kitchen Remodel prepared by the City approved by the City on April 20, 2022, (the “Plans”); (2) The latest edition of the "City of Orange Standard Plans and Specifications" (the “Orange Book”) with the term "Engineer," as used in the Orange Book and in this Contract, to specifically include the City Engineer (or his/her designee); (3) The "Standard Specifications for Public Works Construction” (the “Greenbook”), and all amendments thereto, except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor for the performance of a part of the Work;” (4) The “City of Orange Standard Special Provisions;”
(5) The Standard Plans; and
(6) Contractor’s Bid Proposal, which is on file with City’s Department of Public Works.
b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special 479
2 Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.” c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.
d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.
e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Public Works Administrative Manager, Josh Soliz (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director. f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.

ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within thirty (30) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract.

Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.

ARTICLE 3
Compensation
a. Contractor agrees to receive and accept an amount not to exceed EIGHTY-NINE THOUSAND FOUR HUNDRED DOLLARS and 00/100 ($89,400.00) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said 480
3 compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.
b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of THIRTEEN THOUSAND FOUR HUNDRED TEN DOLLARS and 00/100 ($13,410.00) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.
c. The total amount of compensation under this Contract, including contingencies, shall not exceed ONE HUNDRED TWO THOUSAND EIGHT HUNDRED TEN DOLLARS and 00/100 ($102,810.00).

ARTICLE 4
Licenses
Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the Work contemplated by this Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Contract.

ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract. 481
4 b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.
c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work. d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses incurred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced. e. It is understood that emergency repairs may, by necessity, be made by City.

Therefore, when defective equipment, materials or workmanship result in emergency repairs by City, Contractor shall reimburse City, upon demand, for all expenses incurred. Emergency repairs will be deemed as those repairs determined by City’s Director of Public Works to be necessary due to an immediate detriment to the health, safety, welfare or convenience of the residents of City.

ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8-2009-0030 (the “Permit”), which governs storm water and non-storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.
b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith. 482
5 ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

ARTICLE 8
Public Work; Prevailing Wage
a. The Work which is the subject of this Contract is a “public work,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid.

To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions. c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
483
6 “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the Work which is the subject of this Contract, Contractor shall bear all risks of payment or non-payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract.

ARTICLE 9
Equal Employment Opportunity
During the performance of this Contract, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 484
7 ARTICLE 10
Conflicts of Interest
Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. Contractor further agrees that it shall not be eligible to work as the builder for any project for which the design work is part of this Contract.

ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:
a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract. b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or its subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.

ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.
485
8 (1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
(2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.
(3) Workers’ Compensation as required by the State of California. (4) Employer’s Liability $1,000,000 per accident for bodily injury or disease. c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. d. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.
(2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it. 486
9 (3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.
f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor. i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor shall obtain any other endorsement that may be necessary to effect this waiver of subrogation. j. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.

ARTICLE 13
Termination
City, acting through its City Manager or his/her designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor. Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting 487
10 records and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.
b. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and (2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and (3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and (4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.
d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract. e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or 488
11 fails to follow federal laws to determine the status of such employee, such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.
f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.

ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the jurisdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California.

ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the Work to be performed under this Contract shall be of any force or effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent with or in violation of the provisions of this Contract shall not be compensated. b. Amendments to this Contract must be in writing and signed by both parties. The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.

ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
Harbor Coating & Restoration. Inc. City of Orange
625 W. Katella Ave., Suite 5 300 E. Chapman Avenue
Orange, CA 92867 Orange, CA 92866-1591
Attn: Mahmoud Merzi Attn: Joshua Soliz
Telephone: 760-500-9264 Telephone: 714-744-5588
E-Mail: [email protected] E-Mail: [email protected] 489
12 ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference.

ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Mary E. Binning
Senior Assistant City Attorney
CITY OF ORANGE, a municipal corporation
By:

Mark A. Murphy
Mayor of the City of Orange
ATTEST:

Pamela Coleman, City Clerk
“CONTRACTOR”
HARBOR COATING & RESTORATION, INC.,
a California corporation
[Note: Signature of Chairman of the By:

Board, President or Vice President is Printed Name:
required] Title:
[Note: Signature of Secretary, Assistant By:

Secretary, Chief Financial Officer or Printed Name:

Assistant Treasurer is also required] Title:
490
Attachment No. 1

ATTACHMENT NO. 1

CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 Section 1725.5. Registration of contractors; mandatory registration; qualifications and application; fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1)(A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. (B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section.

Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
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(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771. Payment of general prevailing rate
Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 492
Attachment No. 1

Section 1771.1. Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 493
Attachment No. 1

for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 494
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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771.4. Additional requirements when bidding and awarding public works contracts (a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
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(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages. (c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.

Section 1775. Penalties for violations
(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 496
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or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.

Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. 497
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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labormanagement committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 498
Attachment No. 1

(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.

Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program (a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 499
Attachment No. 1

apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 500
Attachment No. 1

of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
501
Attachment No. 1

(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used solely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.

Section 1813. Forfeiture for violations; contract stipulation; report of violations The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 502
Attachment No. 1

the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.

Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
503
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ATTACHMENT NO. 2
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017) (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 504
Attachment No. 2

(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 505
Attachment No. 2

(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 506
Agenda Item
City Council
Item #: 3.35. 6/14/2022 File #: 22-0362
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Second Amendment to Contract with Diversified Thermal Services, Inc. for preventive maintenance for heating, ventilation and air conditioning (HVAC) equipment at various City facilities; Bid No. 189- 19 (SP-4076).

2. SUMMARY
The proposed Second Amendment authorizes a two-year contract extension with Diversified Thermal Services, Inc. in the amount of $310,063.

3. RECOMMENDED ACTION
Approve Second Amendment with Diversified Thermal Services, Inc. in the amount of $310,063 for preventive maintenance for HVAC at various City facilities, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this two-year agreement is $310,063 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The Public Works Department currently has a preventative maintenance contract for HVAC at various City facilities with Diversified Thermal Services, Inc. for an annual amount of $134,810. An additional fifteen percent contingency in the amount of $40,443 is included in the Second Amendment to allow for emergency service requests. The total not to exceed amount is $310,063 for two years.

Diversified Thermal Services, Inc. has provided excellent maintenance services to the City of Orange and has always been very responsive to the City’s routine service as well as emergency needs.

The City Council approved the First Amendment to the Contract with Diversified Thermal Services, Inc. in November 2021 for unforeseen major repairs at various facilities. The original term of the contract is expiring on June 30, 2022. The Contract has the option for one two-year extension, as City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.35. 6/14/2022 File #: 22-0362
contract is expiring on June 30, 2022. The Contract has the option for one two-year extension, as agreed upon by both parties. Staff is recommending the City Council approve a Second Amendment to the Contract to enact the one and final extension.

7. ATTACHMENTS
· Second Amendment
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.35. 6/14/2022 File #: 22-0362
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Second Amendment to Contract with Diversified Thermal Services, Inc. for preventive maintenance for heating, ventilation and air conditioning (HVAC) equipment at various City facilities, Bid No. 189- 19 (SP4076).

2. SUMMARY
The proposed Second Amendment authorizes a two-year contract extension with Diversified Thermal Services, Inc. in the amount of $310,063.

3. RECOMMENDED ACTION
Approve Second Amendment with Diversified Thermal Services, Inc. in the amount of $310,063 for preventive maintenance for HVAC at various City facilities, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this two-year agreement is $310,063 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The Public Works Department currently has a preventative maintenance contract for HVAC at various City facilities with Diversified Thermal Services, Inc. for an annual amount of $134,810. An additional fifteen percent contingency in the amount of $40,443 is included in the Second Amendment to allow for emergency service requests. The total not to exceed amount is $310,063 for two years.

Diversified Thermal Services, Inc. has provided excellent maintenance services to the City of Orange and has always been very responsive to the City’s routine service as well as emergency needs.

The City Council approved the First Amendment to the Contract with Diversified Thermal Services, City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.35. 6/14/2022 File #: 22-0362
The City Council approved the First Amendment to the Contract with Diversified Thermal Services, Inc. in November 2021 for unforeseen major repairs at various facilities. The original term of the contract is expiring on June 30, 2022. The Contract has the option for one two-year extension, as agreed upon by both parties. Staff is recommending the City Council approve a Second Amendment to the Contract to enact the one and final extension.

7. ATTACHMENTS
· Second Amendment
City of Orange Page 2 of 2 Printed on 6/9/2022
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SECOND AMENDMENT
TO

CONTRACT
[Mechanical Services and Preventive Maintenance for HVAC Equipment (Informal Bid No. 189-19; SP4076)
THIS SECOND AMENDMENT TO CONTRACT (the “Second Amendment”) is made and entered into as of ______________, 2022, by and between the CITY OF ORANGE, a municipal corporation (“City”), and DIVERSIFIED THERMAL SERVICES, INC., a California corporation (“Contractor”), with reference to the following.

A. City and Contractor entered into a Contract (Agreement No. AGR-6497.A) dated February 12, 2019, which is incorporated herein by this reference (the “Original Contract”); and B. City and Contractor amended the Original Contract to increase the compensation by a First Amendment to Contract (Agreement No. AGR-6497.A.1) dated November 9, 2021, which is incorporated herein by this reference (the “First Amendment”); and C. City and Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Contract to exercise the extension and amend the amount to include a 15% contingency.

NOW, THEREFORE, the parties hereby agree as follows:

Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Contract.

Section 2. Cross-References. City and Contractor agree that all references in this Second Amendment are deemed and construed to refer to the Original Contract, as implemented by this Second Amendment.

Section 3. Extension Term. Pursuant to Article II of the Original Contract, the City hereby extends the Term of this Contract to reflect the Extension Term, commencing on July 1, 2022, and terminating on June 30, 2024, in an amount not to exceed THREE HUNDRED TEN THOUSAND SIXTY-THREE DOLLARS and 00/100 ($310,063.00).

Section 4. Integration. This Second Amendment amends, as set forth herein, the Original Contract and, except as specifically amended hereby, the Original Contract shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Contract, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.
511
2 IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written.
“CONTRACTOR” “CITY”
DIVERSIFIED THERMAL SERVICES, INC., CITY OF ORANGE, a municipal corporation a California corporation
*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:
*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney
*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 512
Agenda Item
City Council
Item #: 3.36. 6/14/2022 File #: 22-0321
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange adopting a policy for the acquisition and use of military equipment by the Orange Police Department. Ordinance No. 03-22.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on May 10, 2022.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Nichols, Barrios, Dumitru, Murphy NOES: Tavoularis
ABSENT: Monaco, Gutierrez

3. RECOMMENDED ACTION
Adopt Ordinance No. 03-22.

4. ATTACHMENTS
· Ordinance No. 03-22
City of Orange Page 1 of 1 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.36. 6/14/2022 File #: 22-0321
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange adopting a policy for the acquisition and use of military equipment by the Orange Police Department. Ordinance No. 03-22.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on May 10, 2022.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Nichols, Barrios, Dumitru, Murphy NOES: Tavoularis
ABSENT: Monaco, Gutierrez

3. RECOMMENDED ACTION
Adopt Ordinance No. 03-22.

4. ATTACHMENTS
· Ordinance No. 03-22
City of Orange Page 1 of 1 Printed on 6/9/2022
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ORDINANCE NO. 03-22

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ORANGE ADOPTING A POLICY FOR

THE USE OF MILITARY EQUIPMENT BY THE

CITY OF ORANGE POLICE DEPARTMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill No. 481 (AB 481), relating to the use of military equipment by law enforcement agencies; and
WHEREAS, AB 481, codified as Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070; and
WHEREAS, AB 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS, the proposed military equipment use policy is attached hereto as Exhibit “A” and incorporated herein by this reference (the “Military Equipment Policy”); and WHEREAS, the Military Equipment Policy was published on the City of Orange Police Department’s internet website on April 4, 2022, more than 30 days before the Military Equipment Policy was first considered at a public meeting before the City Council on May 10, 2022; and
WHEREAS, the Military Equipment Policy meets the requirements of California Government Code section 7070, subdivision (d).

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I
The recitals stated above are true and correct, incorporated herein, and form the basis for the adoption of this Ordinance.

SECTION II
(1) The proposed Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15060(c)(2) and 15060(c)(3), because the Ordinance simply provides procedural noticing and posting requirements. The 515
2 proposed Ordinance does not cause changes to the residential density established in the General Plan. It does not involve a specific site or development project, and does not otherwise result in a physical change that could cause an impact to the environment.

Adoption of the Ordinance is therefore not a "project" as defined in CEQA Guideline 15378.
(2) The proposed Ordinance is exempt from CEQA per CEQA Guideline 15061(b)(3) because it can be seen with certainty, after review and evaluation of the facts regarding the Ordinance and its application, that there is substantial evidence that adoption of the Ordinance would not have a significant effect on the environment and the common sense exemption applies.
(3) In the unlikely event adoption of the Ordinance would constitute a project under CEQA, it is categorically exempt from the provisions of CEQA per CEQA Guideline 15321(a) (Class 21, Enforcement Actions by Regulatory Agencies) because said adoption is an action taken by the City as a regulatory agency and involves “enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency.”

SECTION III
Based on the above facts, in addition to information provided to the City Council at the public meeting, the City Council approves and adopts the Military Equipment Policy, based on the following findings:

1. The military equipment identified in the Military Equipment Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

2. The Military Equipment Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in the Military Equipment Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. All prior military equipment use complied with the City’s policies that were in effect at the time.

SECTION IV
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. 516
3 SECTION V
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.

ADOPTED this ____ day of ___________________, 2022.

Mark A. Murphy, Mayor, City of Orange
ATTEST:

Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _____________, 2022, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2022 was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________________________
Pamela Coleman, City Clerk, City of Orange
Attachment: Exhibit A
517
Policy
706
Orange Police Department
Orange PD Policy Manual
Copyright Lexipol, LLC 2022/04/04, All Rights Reserved.

Published with permission by Orange Police Department
Military Equipment - 1
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. (3) High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. (4) Tracked armored vehicles that provide ballistic protection to their occupants. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
(8) Firearms of_.50 caliber or greater. However, standard issue shotguns are specifically excluded..
(9) Ammunition of.50 caliber or greater. However, standard issued shotgun ammunition is specifically excluded.
(10) Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
(11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) Noise-flash diversionary devices and explosive breaching tools; Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray. (13) TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
(14) Kinetic energy weapons and munitions.
518
Orange Police Department
Orange PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/04, All Rights Reserved.

Published with permission by Orange Police Department
Military Equipment - 2
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
*Equipment and/or accessories that do not launch explosives, such as lighting, handles, scopes and slings, are not applicable to this policy
706.2 POLICY
It is the policy of the Orange Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate an employee of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Orange Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: Military Equipment Inventory List 3-2020.pdf 519
Orange Police Department
Orange PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/04, All Rights Reserved.

Published with permission by Orange Police Department
Military Equipment - 3
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or their designee, the department may acquire, borrow and/or use military equipment that is not included in the Military Equipment Use Policy. If the department acquires, borrows, and/or used military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
• Provide written notice of that acquisition nor use to the City Council within 30 days following the commencement of the exigent circumstances, unless such information is confidential or privileged under local, state or federal law. • If it is anticipated that the use will continue beyond the exigent circumstances, the department will submit a proposed amendment to the Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition, and/or use, and receive approval, as applicable, from the City Council. • Include the military equipment in the department's next annual Military Equipment Report.
706.6.1 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any employee of this department shall be approved for use and in accordance with this department policy. Military equipment used by other jurisdictions that are 520
Orange Police Department
Orange PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/04, All Rights Reserved.

Published with permission by Orange Police Department
Military Equipment - 4
providing mutual aid to this department shall comply with their respective military equipment use policies in rendering mutual aid should not be used by any other law enforcement agency or personnel in this jurisdiction unless the military equipment is approved for use in accordance with this policy.
706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment are governed by department policy: Personnel Complaints. 521
Orange PD Policy Manual
Copyright Lexipol, LLC 2022/04/04, All Rights Reserved.

Published with permission by Orange Police Department
Attachments - 5
Attachments
522
Attachment
Orange PD Policy Manual
Copyright Lexipol, LLC 2022/04/04, All Rights Reserved.

Published with permission by Orange Police Department
Military Equipment Inventory List 3-2020.pdf -
6 Military Equipment Inventory List 3-2020.pdf
Military Equipment Inventory List 3-2020.pdf
523
Equipment Type: Unmanned Aerial System (UAS); CA Gov’t Code §7070(c)(1) Description: DJI Mavic 2 Enterprise Dual; Quad propellers; FAA Flight number Quantity: 1 Lifespan: 3-5 years
Capabilities: 24mm camera with ½.3” 12MP sensor and FLIR thermal imaging sensor. Together they can capture up to UHD 4k resolution video at 30 fps, or thermal imaging images and temperature data. Speeds of up to 44.7mph and up to 31 minutes of flight time Manufacturer’s Description: Flagship consumer drone with built in FLIR capabilities Purpose/Authorized Uses: Utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective Fiscal Impacts: $4,622.00 inventory
Legal/Procedural Rules Governing Use: Governed by FAA; All applicable State, Federal and Local laws governing police Search & Seizure
Training Required: Part 107 FAA Certificate; Authorized department quarterly training Compliance Mechanisms: Department Policy – Unmanned Aerial Systems (UAV) Operations Equipment Type: Unmanned Aerial System (UAS); CA Gov’t Code §7070(c)(1) Description: DJI Mavik 2 Pro; Quad propeller; FAA Flight number Quantity: 2 Lifespan: 3-5 years
Capabilities: 970 grams; Flight time up to 30 minutes
Manufacturer’s Description: To make a drone that exists where engineering, technology, and the needs of the aerial photographer converge. A drone that embodies all of DJI's advanced, signature technologies, and is able to redefine what is possible for the world of aerial photography Purpose/Authorized Uses: Utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective Fiscal Impacts: $2,392 each; $4,784 inventory
Legal/Procedural Rules Governing Use: Governed by FAA; All applicable State, Federal and Local laws governing police Search & Seizure
Training Required: Part 107 FAA Certificate; Authorized department quarterly training Compliance Mechanisms: Department Policy – Unmanned Aerial Systems (UAV) Operations Equipment Type: Unmanned Aerial System (UAS) ;CA Gov’t Code §7070(c)(1) Description: DJI Phantom 4 Pro; Quad propeller; FAA Flight number Quantity: 2 Lifespan: 3-5 years
Capabilities: 30 minute flight time; 4k video; 5 direction obstacle sensing; up to 42 miles per hour; 1338 grams
524
Manufacturer’s Description: An updated camera is equipped with a 1-inch 20-megapixel sensor capable of shooting 4K/60fps video and Burst Mode stills at 14 fps. The adoption of titanium alloy and magnesium alloy construction increases the rigidity of the airframe and reduces weight, making the Phantom 4 Pro similar in weight to the Phantom 4. The Flight Autonomy system adds dual rear vision sensors and infrared sensing systems for a total of 5-direction of obstacle sensing and 4- direction of obstacle avoidance
Purpose/Authorized Uses: Utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective Fiscal Impacts: $2,807.00 each; $5,614 inventory
Legal/Procedural Rules Governing Use: Governed by FAA; All applicable State, Federal and Local laws governing police Search & Seizure
Training Required: Part 107 FAA Certificate; Authorized department quarterly training Compliance Mechanisms: Department Policy – Unmanned Aerial Systems (UAV) Operations Equipment Type: Wheeled Vehicle that has a breaching or entry apparatus attached; CA Gov’t Code §7070(c)(3)
Description: Lenco BearCat G2 (Armored Rescue Vehicle); Black armored, wheel vehicle; White reflective agency name; red/blue lights; siren / PA system; Removable hydraulic boom/ram Quantity: 1 Lifespan: 25 years
Capabilities: The Lenco BearCat is an armored tactical response & rescue vehicle produced on the Ford F-550 commercial truck chassis platform
Specifications:
• Cruising speed: 75 MPH/ Max speed 90 MPH
• Stop distance with full load: 50 MPH -128’
• Engine 6.7L V8 Turbo Diesel
• 450 horsepower & 935 Ib-ft torque
• Operating range approx. 200 miles (4-6 mpg).
• Weight: approx. 17,550 lbs
• 40 gallon fuel tank
• Operating range approximately 200 miles
• Fuel tank protected by 1.4” steel
• Tires equipped with run flats
• 98 ½ inches wide (8.2 feet)
• 106 inches tall (8.8 feet)
Ballistic Capabilities:
• All 6 sides armored with Mil-Spec steel armor
• Testing has defeated (10) rounds from .50 CAL ball ammo at 0 degrees • Armor provides multi-hit protection from .30 cal rounds including windows
Manufacturer’s Description: Enhances the safety of Police, EMS, Tactical Response Teams, EOD units and Firefighters. The vehicle is capable of providing enhanced personal protection and survivability in threatening environments including but not limited to Natural Disasters, Riot Control, Barricaded Suspects, Search and Rescue and Hostage Situations. The Lenco BearCat is four-wheel drive and will operate in most weather and terrain conditions. The vehicle features Ballistic Armor, weapon ports, a 525
top mounted rotating turret with adjustable height stand, and an array of specific electrical and mechanical options to meet the user’s specific needs
Purpose/Authorized Uses: ARV may be used for the following types of incidents; high risk search warrants, armed barricaded suspects in a structure or vehicle, armed suspects in an open area (large field, parking lot, etc.), SWAT call-outs, assisting an outside jurisdiction, downed person(s) rescues where a person(s) have been shot and is in need of rescue to get medical attention when the suspect(s) still poses a threat, evacuations from an active area where a threat of gun fire still exist, terrorist incident, mobile field force deployments for riot situations, for any event where the ARV would be deemed necessary to assist police officers and the public at risk, or SWAT and Mobile Field Force training
Fiscal Impacts: $266,069 initial cost; $1,750 annual maintenance Legal/Procedural Rules Governing Use: Authorized by the Watch Commander Training Required: Initial training by Lenco provided to training cadre; Initial training provided by LASD Special Enforcement Bureau; Agency authorized orientation and annual training Compliance Mechanisms: Department Policy – Vehicle Use
Equipment Type: Command and Control Vehicle; CA Gov’t Code §7070(c)(5) Description: 2002 Mattman Specialty Vehicle; Freightliner MT55 Command Coach; Black and white box truck clearly marked with reflective Agency name; red/blue lights; siren / PA system Quantity: 1 Lifespan: 25 years
Capabilities: Incident Command vehicle; Dispatch center; conference room; transportation of equipment to be used at on scene of mobile command
Manufacturer’s Description: The Freightliner MT-55 is a true heavy-duty delivery or emergency response vehicle. The MT-55's heavy-duty chassis offers a gross vehicle weight rating between 20,000 and 30,000 pounds and can accept freight up to 1,500 cubic feet.

Purpose/Authorized Uses: To provide a means of transportation for equipment and to be used on scene as the Incident Commander/Swat Commander command and control vehicle Fiscal Impacts: $362,538.00 initial cost; $3,000 annual maintenance Legal/Procedural Rules Governing Use: Authorized by the Incident Commander / Watch Commander Training Required: Agency authorized orientation; yearly agency training Compliance Mechanisms: Operational use under the review of the Incident Commander or Watch Commander
Equipment Type: Command and Control Vehicle; CA Gov’t Code §7070(c)(5) Description: 2003 Mattman Specialty Vehicle; Workhorse P30042 SWAT Equipment Truck; Black and white box truck clearly marked with reflective Agency name; red/blue lights; siren / PA system Quantity: 1 Lifespan: 25 years
Capabilities: Provides a tactical command post location that can assist with the response to critical incidents; contains designated areas for equipment storage and crisis negotiation operations Manufacturer’s Description: Step-van used for a variety of purposes 526
Purpose/Authorized Uses: Designated as tactical command post during S.W.A.T. activations Fiscal Impacts: $150,000 Initial cost; $1,300 annual maintenance Legal/Procedural Rules Governing Use: Department Policy – Crisis Response Unit Training Required: Agency authorized orientation; yearly agency training Compliance Mechanisms: Department Policy – Crisis Response Unit Equipment Type: Explosive Breaching Tools; CA Gov’t Code §7070(c)(7) Description: Remington 870 Wingmaster breaching shotgun; a specially converted shotgun designed to fire a specialty round to defeat or destroy deadbolts, hinges and locks Quantity: 2 Lifespan: round and use dependent
Capabilities: Range is 6 inches or less
Manufacturer’s Description: A specially converted 12 gauge shotgun that fires a specialty breaching round
Purpose/Authorized Uses: Used to force entry into a structure by disabling the door lock mechanisms, doorknobs, hinges, dead bolts, safety chains and pad locks on both wooden or hollow core doors; Shotgun is used to rapidly destroy a deadbolt, hinge or lock while reducing the danger to people behind or around the targeted door; S.W.A.T. equipment subject to Department Policy – Crisis Response Unit
Fiscal Impacts: $765.77 each; $1,531.54 inventory
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police Search & Seizure; S.W.A.T. equipment subject to Department Policy – Crisis Response Unit Training Required: POST approved Tactical Breaching for trainers; 16 hours “Breaching Course”; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Crisis Response Unit Equipment Type: Explosive Breaching Ammunition; CA Gov’t Code §7070(c)(7) Description: Royal Arms, TESAR-1, Orange CAP 275 Grain Copper Frangible Breaching Round Quantity: 0; Ideal inventory - 25 Lifespan: N/A
Capabilities: When deployed, can defeat door lock mechanisms, door knobs, hinges, dead bolts, safety chains and pad locks on both wooden or hallow core doors Manufacturer’s Description: Orange Cap 2-3/4” 275 Grain Compressed Copper Frangible 12 Gauge Shotgun Slug
Slug Material: Copper Powder
Velocity: 1,750 Ft p/sec -18” Barrel
Use: For Wood Doors, Solid & Hollow
Defeats: Solid Wood Doors, Locks & Hinges
Purpose/Authorized Uses: Used to force entry into a structure by disabling the door lock mechanisms, doorknobs, hinges, dead bolts, safety chains and pad locks on both wooden or hollow core doors; used to rapidly destroy a deadbolt, hinge or lock while reducing the danger to people 527
behind or around the targeted door; S.W.A.T. equipment subject to Department Policy – Crisis Response Unit
Fiscal Impacts: $4.50 per round; $118.13 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police Search & Seizure; S.W.A.T. equipment subject to Department Policy – Crisis Response Unit Training Required: POST approved Tactical Breaching for trainers; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Crisis Response Unit Equipment Type: Explosive Breaching Ammunition; CA Gov’t Code §7070(c)(7) Description: Royal Arms FTR-P1 Training Ammunition (Poly Shot) Quantity: 0; Ideal inventory - 50 Lifespan: N/A
Capabilities: Ideal for training on breaching locking mechanisms on solid and hollow core doors Manufacturer’s Description: Royal Arms Frangible Training Breaching Ammunition offers a low-cost round for Tactical Teams to practice with, without the heavy recoil of Breaching Rounds so you can shoot these all day long. This load is designed for pump shotguns and will not function Semi Auto. It has enough power to effectively breach training doors, yet has 1/3 the recoil and payload. The round is non-toxic and has no metal projectiles and is loaded with #4 polyethylene shot Purpose/Authorized Uses: Used to train on how to force entry into a structure by disabling the door lock mechanisms, doorknobs, hinges, dead bolts, safety chains and pad locks on both wooden or hollow core doors; Used to force entry into a structure by disabling the door lock mechanisms, door knobs, hinges, dead bolts, safety chains and pad locks on both wooden or hollow core doors; S.W.A.T. equipment subject to Department Policy – Crisis Response Unit Fiscal Impacts: $2.00 per round; $105.00 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police Search & Seizure; S.W.A.T. equipment subject to Department Policy – Crisis Response Unit Training Required: POST approved Tactical Breaching for trainers; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Crisis Response Unit Equipment Type: Firearms of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Colt LE M4 AR 15 16.1 556 30 RD
Quantity: 72 Lifespan: Round and use dependent
Capabilities: Operational range 1 mile
Manufacturer’s Description: To be used as precision weapon to address a threat with more precision and/or at greater distance than a handgun, if present and feasible Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to:
• Situations where the officer reasonably anticipates an armed encounter 528
• When an officer is faced with a situation that may require accurate and effective fire at long range
• Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower
• When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage
• When an officer reasonably believes that a suspect may be wearing body armor • When authorized or requested by a supervisor
• When needed to euthanize an animal
Fiscal Impacts: $1,055.14 each; $75,970.08 inventory
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force
Training Required: P.O.S.T. approved 16-hour class; Quarterly qualifications Compliance Mechanisms: Department Policy - Firearms
Equipment Type: Firearms of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Stiller TAC 30, Grayboe Ridgeback, Timney Model 510 Trigger, .308 Caliber Quantity: 3 Lifespan: Round and use dependent
Capabilities: The Stiller Tac 30 Rifle is a custom built rifle made by Jim Gruning with Gruning Precision.

The rifles fire with extreme precision at different distances. They have custom heavy barrels which are shorter than any other common hunting/ long distance rifle which allows for tactical applications.

Gruning precision supplies multiple law enforcement agencies across the United States with custom rifles. Jim Gruning also completes thorough inspections of each rifle on a yearly basis for free Manufacturer’s Description: Specialties include customizing the bolt action rifle, M1A, AR15, and AR10 style rifles. Gruning manufactures a complete line of durable products, including scope rings, bases, and mounts
Purpose/Authorized Uses: Used as a long-rage precision weapon system capable of delivering accurately placed shots on target through a greater magnification at longer ranges Fiscal Impacts: $5,715.00 each; $17,145.00 inventory
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force
Training Required: Basic S.W.A.T. School; Basic Sniper School Compliance Mechanisms: Department Policy – Firearms; Crisis Response Unit Equipment Type: Firearms of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Remington 700 Police LTR .308 bolt Action
Quantity: 2 Lifespan: Round and use dependent
Capabilities: The Remington 700 Police LTR is one of the most popular police sniper rifles used. It is known for its accuracy, durability and reliability. The department’s Remington 700 has been modified 529
with a Gruning precision heavy barrel and Timney trigger system. The custom heavy barrels is shorter than any other common hunting/ long distance rifle which allows for tactical applications.

Manufacturer’s Description: Specialties include customizing the bolt action rifle, M1A, AR15, and AR10 style rifles. Remington manufactures a complete line of durable products, including scope rings, bases, and mounts
Purpose/Authorized Uses: Used as a long-rage precision weapon system capable of delivering accurately placed shots on target through a greater magnification at longer ranges.

Fiscal Impacts: $814.14 each; $1,628.28 inventory
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force
Training Required: Basic S.W.A.T. School; Basic Sniper School Compliance Mechanisms: Department Policy – Firearms; Crisis Response Unit Equipment Type: Ammunition of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Winchester Q3131, Full Metal Jacket 5.56MM, 55 Grain Training Ammunition; 1000 rounds/case
Quantity: 30,000 rounds; ideal inventory – 96,000
rounds
Lifespan: N/A
Capabilities: 3240 fps; 1282 ft-lbs
Manufacturer’s Description: Winchester USA Centerfire Rifle Ammunition is the ideal choice for training or extended sessions at the range providing great performance at a value price. Winchester Q3131A features a 55 grain full metal jacket bullet in a fully reloadable boxer primed brass case. This is some of the most sought after and hard to find ammo going. It is Winchester's version of the legendary XM-193 load
Purpose/Authorized Uses: Used for training environments as ammunition for rifles Fiscal Impacts: $0.38 per round; $37,900.80 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force
Training Required: P.O.S.T. approved 16-hour class; Quarterly qualifications Compliance Mechanisms: Department Policy – Firearms; Use of Force Equipment Type: Ammunition of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Winchester RA223R, Ranger, Pointed Soft Point .223 REM, 55 grain Duty Ammunition; 1000 rounds/case
Quantity: 6,000; ideal inventory – 6,000 Lifespan: N/A
Capabilities: 3240 fps; 1282 ft-lbs
Manufacturer’s Description: This Winchester Ranger 223 Remington ammo features a 55 Grain Pointed Soft Point bullet. Winchester Ranger is the highest quality hollow point ammunition money can buy. This Winchester Ranger .223 55 grain Power Point Soft Point is intended for Law 530
Enforcement use, Ranger is Winchesters Highest Quality. This Winchester Ranger 223 Remington is new ammo not Police Department surplus. This Winchester Ranger 223 Remington has a muzzle velocity of 3240 feet per second and a muzzle energy of 1262 foot pounds. Winchester Ranger ammo is reloadable, features brass cases and Boxer primers. This ammunition is non-corrosive Purpose/Authorized Uses: Used as duty round for rifle
Fiscal Impacts: $0.51 per round; $3,231.90 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force
Training Required: P.O.S.T. approved 16-hour class; Quarterly qualifications Compliance Mechanisms: Department Policy – Firearms; Use of Force Equipment Type: Ammunition of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Hornady 80725, .308 WIN Tactical Application Police (TAP), 168 Grain, ELD Match TAP Precision; 200 rounds per case
Quantity: 2,000; ideal inventory – 3,000 Lifespan: N/A
Capabilities: This ammunition is used by a wide range of police agencies in the US. It is known for its accuracy, stopping power and rarely over penetrates. It can be used in multiple SWAT applications including but not limited to, short range engagements, long range engagements, barricaded subjects, barrier shooting and hostage rescue shots; 2700 fps
Manufacturer’s Description: Hornady® 308 WIN TAP 168 gr. ELD® MATCH TAP PRECISION® ammunition was designed as an improvement on the 168 gr. A-MAX TAP PRECISION® load by incorporating the new ELD® Match bullet. The 168 gr. ELD® Match bullet with Heat Shield® tip delivers the excellent terminal performance TAP Precision® is known for, but features a resilient, heat resistant polymer tip that improves the ballistic coefficient, resulting in higher impact velocities, less drop, less wind drift, and more energy on target.

Purpose/Authorized Uses: Used as duty round for rifle.

Fiscal Impacts: $1.25 each; $3,937.50 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force
Training Required: Basic Sniper School; monthly training and qualification Compliance Mechanisms: Department Policy – Firearms; Use of Force, Crisis Response Unit Equipment Type: “Flashbang” grenade; CA Gov’t Code §7070(c)(12) Description: Defense Technology 8922 Low Roll II Non-Reloadable Distraction Device Quantity: Discontinued; 7 in inventory Lifespan: 5 years Capabilities: Diversionary devices are categorized as a low order explosive that deflagrate rather than detonate. Their burn rate is measured in feet per second vs. miles per second (high order explosive).

Initiation of the device is through a thermal process, which generates a sudden and rapid escape of 531
gases from the device resulting in a brilliant light and loud noise. This deflagration may disorient and confuse a person by causing “sensory overload” for a few seconds and provide a tactical advantage for SWAT teams
Manufacturer’s Description: The Low Roll II™ Non-Reloadable Distraction Device® utilizes an M201A1 type fuze with Hex design steel body. This compact version of the 8933 Low Roll body is the newest version of the original reusable non-bursting canister that limits movement and rolling once deployed.

The compact Distraction Device unit fits safely in your hand and packs all the power of the full size 12- Gram Distraction Device unit. This steel body is designed to reduce rolling, fit in tactical pouches easily and deliver the safest and most effective stimuli in the industry. The compact Distraction Device unit should only be deployed in areas that have been visually observed to be clear of potential hazards
Purpose/Authorized Uses: Used as distraction light and sound device during tactical operation Fiscal Impacts: Discontinued; $349.16 inventory
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit Training Required: 16-hour Diversionary Device Instructor School; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Crisis Response Unit Equipment Type: Flashbang” grenade; CA Gov’t Code §7070(c)(12) Description: Defense Technology 8922NRSC, Low Roll II Non-Reloadable Distraction Device with Safety Clip
Quantity: 5; ideal inventory - 20 Lifespan: 5 years
Capabilities: Diversionary devices are categorized as a low order explosive that deflagrate rather than detonate. Their burn rate is measured in feet per second vs. miles per second (high order explosive).

Initiation of the device is through a thermal process, which generates a sudden and rapid escape of gases from the device resulting in a brilliant light and loud noise. This deflagration may disorient and confuse a person by causing “sensory overload” for a few seconds and provide a tactical advantage for SWAT teams.

Manufacturer’s Description: The Low Roll II™ Non-Reloadable Distraction Device® utilizes an M201A1 type fuze with Hex design steel body. This compact version of the 8933 Low Roll body is the newest version of the original reusable non-bursting canister that limits movement and rolling once deployed.

The compact Distraction Device unit fits safely in your hand and packs all the power of the full size 12- Gram Distraction Device unit. This steel body is designed to reduce rolling, fit in tactical pouches easily and deliver the safest and most effective stimuli in the industry. The compact Distraction Device unit should only be deployed in areas that have been visually observed to be clear of potential hazards.

Purpose/Authorized Uses: Used as distraction light and sound device during tactical operation Fiscal Impacts: $52.63 each; $1,105.23 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit Training Required: 16-hour POST approved Diversionary Device Instructor School; Agency authorized orientation course; annual refresher
532
Compliance Mechanisms: Department Policy – Crisis Response Unit Equipment Type: Tear Gas; CA Gov’t Code §7070(c)(12)
Description: Defense Technology 1072; Spede Heat CS Continuous Discharge Chemical Grenade Quantity: 0; ideal inventory 5 Lifespan: 5 years
Capabilities: Ideal use is for crowd control or other outdoor uses Manufacturer’s Description: The Spede-Heat™ Grenade is a high volume, continuous discharge grenade available in OC, CN or CS. In the OC, CN and CS configurations, pelletized chemical agent is discharged through four (4) gas ports located on top of the canister, three (3) on the side, and one (1) on the bottom. Designed specifically for outdoor use in crowd control situations, the SpedeHeat™ Grenade is built on the old style larger canister. It is a high volume continuous burn device that expels its payload in approximately 20 - 40 seconds from a single source. The longer burn time may allow for throwback by individuals wearing burn protection such as a welder’s mitt. The canisters may be protected from advancing individuals with the use of less lethal impact munitions. The device should be deployed utilizing wind advantage. It should NOT be deployed onto rooftops, in crawl spaces, or indoors due to its fire-producing capability. Hand throw or launch. Launching of grenades will provide deploying officers additional stand-off distances. Affords very good coverage for large outdoor areas.

Purpose/Authorized Uses: Used in tactical situations to gain compliance Fiscal Impacts: $29.50 each; $154.88 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit Training Required: 40-hour POST Approved Chemical Agent Instructor School; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques; Crisis Response Unit Equipment Type: Tear Gas; CA Gov’t Code §7070(c)(12)
Description: Defense Technology 1016 Pocket Tactical CS Grenade Quantity: 0; ideal inventory 5 Lifespan: 5 years
Capabilities: Due to its smaller size, the operator can carry it on their person. It can be used to contain smoke or other chemical agents
Manufacturer’s Description: The Pocket Tactical Grenade is a quick burning, reduced volume, continuous discharge grenade available in OC, CN, CS, and Saf-Smoke™. Pelletized chemical agent or smoke is discharged through one (1) gas port located on the bottom of the canister. The Pocket Tactical Grenade is a small, lightweight, easily carried device that provides a medium volume of chemical agent or smoke for certain situations. It was designed with the tactical team in mind for distraction, concealment, rescue, or signaling. The pocket grenade is not specifically intended as a crowd management device; however, it can be used in chemical configurations in conjunction with larger smoke canisters to “piggy back” chemical agent into a predominately smoke environment. This device should be deployed utilizing wind advantage
Purpose/Authorized Uses: Used in tactical situations to gain compliance Fiscal Impacts: $20 each; $105 to maintain ideal inventory 533
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit Training Required: 40-hour POST Approved Chemical Agent Instructor School; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques; Crisis Response Unit Equipment Type: Tear Gas; CA Gov’t Code §7070(c)(12)
Description: Defense Technology Flameless Tri-Chamber CS, Model 1032 Quantity: 10; ideal inventory - 10 Lifespan: 5 years
Capabilities: Capable of being used for crowd control and barricaded subjects Manufacturer’s Description: The Tri-Chamber Flameless Grenade is designed for indoor use. This grenade’s pyrotechnic contents are burned within an internal can that is one of three in this design.

The internal combustion allows the chemical-laden smoke to be released through three (3) ports on the outer canister side while safely containing any of the fire-producing properties within the two internal canisters. The fuse is shrouded to further protect surrounding materials from the possibility of fire. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. The actual smoke and chemical content is minimal enough that oxygen displacement concerns and LCT is rarely reached. It is a viable option when chemical-laden powders or liquids are ineffective or inappropriate for the situation. As with all pyrotechnic carriers, contamination will be greater than that experienced with powders or liquids
Purpose/Authorized Uses: Used in tactical situations to gain compliance Fiscal Impacts: $31.23 each; $312.30 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit Training Required: 40-hour POST Approved Chemical Agent Instructor School; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques; Crisis Response Unit Equipment Type: Tear Gas; CA Gov’t Code §7070(c)(14)
Description: Defense Technology Ferret 40mm CS Powder, Model # 2292 Quantity: 0; ideal inventory -25 Lifespan: 5 years
534
Capabilities: Designed to disperse non-flammable chemical agent creating temporary discomfort through pain compliance; used at a distance and launched from 40mm device Manufacturer’s Description: The Ferret® 40mm Round is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin stabilization from barrel rifling affords maximum stand-off distance and accuracy for safety. The Ferret® 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood.

Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the Ferret® 40mm is primarily used to dislodge barricaded subjects from very small, confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. The Ferret® 40mm Round is available with either liquid or powder carriers for the agent. Once delivered, powder carriers tend to keep the agent airborne longer than liquid carriers and may have more effect. Liquid carriers contain red dye to aid in shot placement. Shot placement and trajectory considerations should be based on hardness of the barrier.

However, accuracy is dependent on the operator and the condition of the launcher. Velocity and barricade penetration results will vary between launchers, temperature conditioning and impact angle
Purpose/Authorized Uses: Used in tactical situations to gain compliance Fiscal Impacts: $24.28 each; $639.98 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit Training Required: 40-hour POST Approved Chemical Agent Instructor School; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques; Crisis Response Unit Equipment Type: Projectile Launch Platform ; CA Gov’t Code §7070(c)(14) Description: Lewis Machine & Tool, Model 40 MTS; 40 MM Launcher Quantity: 10 Lifespan: Use and round dependent
Capabilities: Used to gain compliance; able to fire sponge rounds and chemical agent ferret rounds Manufacturer’s Description: The 40LMTS is a tactical 40mm single shot launcher that features an expandable stock and an adjustable Integrated Front Grip (IFG) with a light rail. The Ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two point sling attachment. The 40LMTS will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in cartridge length. This weapon is NOT designed to fire 40mm High Velocity HE ammunition. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems Purpose/Authorized Uses: Used to gain compliance as less lethal control device and deliver chemical agents when necessary
Fiscal Impacts: $855.55 each; $8055.55 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques 535
Training Required: 40-hour POST Approved Chemical Agent Instructor School; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques; Crisis Response Unit Equipment Type: Projectile Launch Platform ; CA Gov’t Code §7070(c)(14) Description: Defense Technology Model 1425 40 MM Launcher Quantity: 14 Lifespan: Use and round dependent
Capabilities: Used to gain compliance; able to fire sponge rounds and chemical agent ferret rounds Manufacturer’s Description: The 40LMTS is a tactical 40mm single shot launcher that features an expandable stock and an adjustable Integrated Front Grip (IFG) with a light rail. The Ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two point sling attachment. The 40LMTS will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in cartridge length. This weapon is NOT designed to fire 40mm High Velocity HE ammunition. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems Purpose/Authorized Uses: Used to gain compliance as less lethal control device and deliver chemical agents when necessary
Fiscal Impacts: $855.55 each; $11,977.70 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 40-hour POST Approved Chemical Agent Instructor School; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques; Crisis Response Unit Equipment Type: Projectile Launch Platform ; CA Gov’t Code §7070(c)(14) Description: Penn Arms PGL65-40 Multi-Launcher
Quantity: 1 Lifespan: Use and round dependent
Capabilities: Used to gain compliance; able to fire sponge rounds and chemical agent ferret rounds Manufacturer’s Description: PENN ARMS has set the standard for less-lethal launchers world wide for over 20 years. Our patented designs are small, lightweight, and operationally versatile. Constructed out of the highest grade of materials to a high standard of quality, PENN ARMS is Dedicated To Your Mission®
Purpose/Authorized Uses: Used to gain compliance as less lethal control device and deliver chemical agents when necessary
Fiscal Impacts: $3,300 inventory
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 40-hour POST Approved Chemical Agent Instructor School; Agency authorized orientation course; annual refresher
536
Compliance Mechanisms: Department Policy – Control Devices and Techniques; Crisis Response Unit Equipment Type: Projectile Munition; CA Gov’t Code §7070(c)(14) Description: Defense Technology 6325 40mm Smokeless Exact Impact Sponge Quantity: 460; ideal inventory - 450 Lifespan: 5 years
Capabilities: launched from a 40mm launcher to gain compliance as less lethal control device Manufacturer’s Description: The 40mm eXact iMpact™ Sponge Round has evolved from the design of the 40mm XM1006 projectile, developed by the US Army Research Laboratory. This lightweight, highspeed projectile incorporates a plastic body and a foam (sponge) nose which is spin stabilized via the incorporated rifling collar and the 40mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant and has velocities that are extremely consistent. The 40mm eXact iMpact™ Sponge Round is a “point-of-aim, point-of-impact” direct fire round that is most commonly used by tactical teams in situations where maximum deliverable energy is desired for the incapacitation of an aggressive, non-compliant subject. In many municipalities, these are being selected for both tactical call outs and as an available option for patrol. The 40mm eXact iMpact™ Sponge Round is intended for direct fire deployment. The operator should be adequately trained in the use of Less Lethal Impact Munitions and have a thorough understanding of the round and considerations for selecting shot placement such as level of threat, target distance, size and clothing. The 40mm eXact iMpact™ Sponge Round will prove most successful for incapacitation when used within its optimal energy range of approximately 5 – 40 meters, although it may used in situations from 1.5 – 50 meters. The optimal zone offers the necessary energy and accuracy to target the large muscle groups of the buttocks, thigh, and even the knees of the subject. These areas provide sufficient pain stimulus, while greatly reducing serious or life-threateninginjuries. The 40mm eXact iMpact™ Sponge Round can also be deployed in crowd control situations to protect the riot line, cover or enhance chemical munitions, or targeting specific agitators and organizers of the crowd. When used in this fashion, it is primarily both a psychological deterrent and physiological distraction serving as a pain compliance device to either get the crowd or subject moving or keeping them at a designated distance Purpose/Authorized Uses: Used to gain compliance and break windows on vehicle and structures Fiscal Impacts: $19.16 per round;/ $9,053.10 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy – Control Devices and Techniques Equipment Type: Projectile Launch Platform; CA Gov’t Code §7070(c)(14) Description: PepperBall, Full Tactical Carbine (FTC) Launcher Quantity: 2 Lifespan: Round and use dependent
Capabilities: Launches small less lethal inert or chemical agent rounds to gain compliance 537
Manufacturer’s Description: FTC is a high-capacity, semi-automatic launcher that is perfect for crowd management and mobile field force operations. Reliable and accurate, it features a hopper that can hold up to 180 rounds and a flexible air source configuration Purpose/Authorized Uses: Less lethal control device used to gain compliance Fiscal Impacts: $360 each; $720 inventory
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBall Instructor / Armorer Certification Course; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques Equipment Type: Projectile Launch Platform; CA Gov’t Code §7070(c)(14) Description: Tippman, Model 68 Carbine projectile launcher Quantity: 4 Lifespan: Round and use dependent
Capabilities: Launches small less lethal inert or chemical agent rounds to gain compliance Manufacturer’s Description: Original maker bought by PepperBall Purpose/Authorized Uses: Less lethal control device used to gain compliance Fiscal Impacts: $499.50 each; $1,998 inventory
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBall Instructor / Armorer Certification Course; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques Equipment Type: Projectile Launch Platform; CA Gov’t Code §7070(c)(14) Description: Mission Less Lethal, M2100, MLR Full Auto Carbine Launcher Quantity: 2 Lifespan: Round and use dependent
Capabilities: Launches small less lethal inert or chemical agent rounds to gain compliance Manufacturer’s Description: Technical Specs
Item: PepperBall Launcher; Type: Full Auto Launcher; Approx. No. of Shots: 200; Overall Height: (In.) 21 in; Container Size: 135.2 oz.; Spray Line Length (Ft.) 60 to 160; Color: Black/Orange Purpose/Authorized Uses: Less lethal control device used to gain compliance Fiscal Impacts: $599.20 each; $1,198.40 inventory
538
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBall Instructor / Armorer Certification Course; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques Equipment Type: Projectile Munition; CA Gov’t Code §7070(c)(14) Description: Mission Less Lethal M1120500 Pepper Projectiles (OC2 (1% OC and 4% PAVA) Quantity: Discontinued; 3,500 inventory Lifespan: 3 years Capabilities: able to be launched and used to gain compliance through chemical agent irritation Manufacturer’s Description: Mission Less Lethal is a supplier of less-lethal pepper round launchers for nearly 20 years. our products are widely used by thousands of Federal, State, Local, International police, military, and private security agencies.

Purpose/Authorized Uses: Less lethal control munition used to gain compliance Fiscal Impacts: $1.33 per round; $4,655 inventory
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBall Instructor / Armorer Certification Course; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques Equipment Type: Projectile Munition; CA Gov’t Code §7070(c)(14) Description: PepperBall LiveX Projectiles (5% PAVA)
Quantity: 0; 2,200 ideal inventory Lifespan: 3 years
Capabilities: able to be launched and used to gain compliance through chemical agent irritation Manufacturer’s Description: Our most potent and powerful concentration of PAVA pepper powder.

At 5% PAVA, a LIVE-X
™
round contains double the amount of PAVA chemical agent of a regular PepperBall®LIVE SD™round. PAVA is based on one of the hottest of the six capsaicinoids found in pepper plants. PepperBall products contain only safe, pure, non-oil based PAVA and are nonflammable. Ingredient consistency ensures each projectile operates with quality and effectiveness
Purpose/Authorized Uses: Less lethal control munition used to gain compliance Fiscal Impacts: $2.14 per round; $4,934 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques 539
Training Required: 16-hour PepperBall Instructor / Armorer Certification Course; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques Equipment Type: Projectile Munition; CA Gov’t Code §7070(c)(14) Description: PepperBall Live Projectiles (2% PAVA)
Quantity: Discontinued; 1,875 inventory Lifespan: 3 years Capabilities: Able to be launched and used to gain compliance through chemical agent irritation Manufacturer’s Description: The live PepperBall®round contains 2.0% PAVA. It is effective for direct impact and area saturation when there is no line of sight. PAVA is based on one of the hottest of the six capsaicinoids found in pepper plants. PepperBall products contain only safe, pure, non-oil based PAVA and are non-flammable. Ingredient consistency ensures each projectile operates with quality and effectiveness
Purpose/Authorized Uses: Less lethal control munition used to gain compliance Fiscal Impacts: $1.63 per round; $3,048.75 inventory
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBall Instructor / Armorer Certification Course; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques Equipment Type: Projectile Munition; CA Gov’t Code §7070(c)(14) Description: PepperBall Inert Projectiles (No irritant) Quantity: 0; ideal inventory - 1,000 Lifespan: 3 years
Capabilities: Able to be launched and used to gain compliance through pain of impact Manufacturer’s Description: Containing a harmless, scented powder, this projectile is best suited for practice or direct impact when chemical exposure is not desired Purpose/Authorized Uses: Less lethal control munition used to gain compliance Fiscal Impacts: $0.57 per round; $602.70 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBall Instructor / Armorer Certification Course; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques 540
Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Smith & Wesson Model 5906 – 9mm – SIMUNTION PISTOL Quantity: 9 Lifespan: Use and round dependent
Capabilities: Provides realistic training with actual weight and look of real pistol using non-lethal munitions
Manufacturer’s Description: N/A
Purpose/Authorized Uses: Training scenarios
Fiscal Impacts: $0; converted old pistol
Legal/Procedural Rules Governing Use: Department Policy - Training Training Required: 24-hour Simunition FX Scenario Instructor and Safety Certification Course for Instructors and Facilitators; Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy - Training
Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Glock 17 – 9mm – SIMUNTION PISTOL
Quantity: 7 Lifespan: Use and round dependent
Capabilities: Provides realistic training with actual weight and look of real pistol using non-lethal munitions
Manufacturer’s Description: N/A
Purpose/Authorized Uses: Training scenarios
Fiscal Impacts: $0; converted old pistol
Legal/Procedural Rules Governing Use: Department Policy - Training Training Required: 24-hour Simunition FX Scenario Instructor and Safety Certification Course for Instructors and Facilitators; Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy - Training
Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Glock 22; .40 Caliber SIMUNTION PISTOL
Quantity: 3 Lifespan: Use and round dependent
Capabilities: Provides realistic training with actual weight and look of real pistol using non-lethal munitions
Manufacturer’s Description: N/A
Purpose/Authorized Uses: Training scenarios
Fiscal Impacts: $0; converted old pistol
Legal/Procedural Rules Governing Use: Department Policy - Training Training Required: 24-hour Simunition FX Scenario Instructor and Safety Certification Course for Instructors and Facilitators; Agency authorized orientation course; annual refresher 541
Compliance Mechanisms: Department Policy - Training
Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Force on Force M4/M16 Conversion Bolt Kit
Quantity: 20 Lifespan: Use and round dependent
Capabilities: Provides realistic training by allowing operator to use their actual rifle with a bolt that is used for non-lethal munitions.

Manufacturer’s Description:
• Designed to fire Force on Force 5.56mm marker rounds
• Doesn’t interfere with on-gun accessories
• Prevents firing of lethal ammunition
Purpose/Authorized Uses: Training scenarios
Fiscal Impacts: $329.99 each; $6,599.80 inventory
Legal/Procedural Rules Governing Use: Department Policy – Training; Crisis Response Unit Training Required: 24-hour Simunition FX Scenario Instructor and Safety Certification Course for Instructors and Facilitators; Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy - Training
Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Simunition FX Original Marking Cartridge – 9mm Quantity: 300 Lifespan: 3 years
Capabilities: Used in SIM weapons to provide realistic training Manufacturer’s Description: The FX® marking cartridges, which come in six colors, are at the core of the FX® Training System known as "the world's most realistic close-range combat training system".

The patented, reduced-energy, non-lethal cartridges leave a detergent-based, water-soluble colormarking compound. The visible impacts allow accurate assessment of simulated lethality. The cartridges are available in .38 cal. and 9mm and feature tactical accuracy up to 25 feet (7.6 meters).

The 5.56mm is tactically accurate with ball cartridges to 100 feet (30 meters). No special ballistic facilities are required. They meet the need for a force-on-force and man-to-man training system that is realistic, effective, inexpensive, adaptable and fully portable Purpose/Authorized Uses: Training scenarios
Fiscal Impacts: $0.51 each; $253 / case of 500
Legal/Procedural Rules Governing Use: Department Policy – Training; Crisis Response Unit Training Required: 24-hour Simunition FX Scenario Instructor and Safety Certification Course for Instructors and Facilitators; Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy - Training
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Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Simunition FX Original Marking Cartridge – .223 Quantity: 300 Lifespan: 3 years
Capabilities: Used in SIM weapons to provide realistic training Manufacturer’s Description: The FX® marking cartridges, which come in six colors, are at the core of the FX® Training System known as "the world's most realistic close-range combat training system".

The patented, reduced-energy, non-lethal cartridges leave a detergent-based, water-soluble colormarking compound. The visible impacts allow accurate assessment of simulated lethality. The cartridges are available in .38 cal. and 9mm and feature tactical accuracy up to 25 feet (7.6 meters).

The 5.56mm is tactically accurate with ball cartridges to 100 feet (30 meters). No special ballistic facilities are required. They meet the need for a force-on-force and man-to-man training system that is realistic, effective, inexpensive, adaptable and fully portable Purpose/Authorized Uses: Training scenarios
Fiscal Impacts: $0.51 each; $253 / case of 500
Legal/Procedural Rules Governing Use: Department Policy – Training; Crisis Response Unit Training Required: 24-hour Simunition FX Scenario Instructor and Safety Certification Course for Instructors and Facilitators; Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy - Training
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Agenda Item
City Council
Item #: 3.36. 6/14/2022 File #: 22-0321
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange adopting a policy for the acquisition and use of military equipment by the Orange Police Department. Ordinance No. 03-22.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on May 10, 2022.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Nichols, Barrios, Dumitru, Murphy NOES: Tavoularis
ABSENT: Monaco, Gutierrez

3. RECOMMENDED ACTION
Adopt Ordinance No. 03-22.

4. ATTACHMENTS
· Ordinance No. 03-22
City of Orange Page 1 of 1 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.37. 6/14/2022 File #: 22-0219
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Authorize purchase of furniture for the Orange Public Library from Yamada Enterprises.

2. SUMMARY
Request to authorize a $68,204.67 purchase order with Yamada Enterprises for furniture for the Orange Public Library & History Center and the El Modena Branch Library meeting rooms.

3. RECOMMENDED ACTION
Approve purchase order for furniture from Yamada Enterprises in the amount of $68,204.67.

4. FISCAL IMPACT
The total expenditure for this purchase is $68,204.67 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community A: Refurbish, maintain, develop, and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
This purchase order will fund replacement of furniture in the meeting rooms at the Orange Public Library & History Center and El Modena Branch Library. Library meeting rooms are used daily by the public, City departments, and Library staff and support groups and provide meeting and programming spaces for thousands of attendees. Due to heavy usage over the past 15+ years, the furniture in these meeting rooms have become worn and need replacement to provide functional and attractive spaces for the public.

Funds will purchase chairs, tables, and storage racks for the Community Room, Rotary Room, and Staff Conference Room at the Orange Public Library & History Center as well as for the Community Room at the El Modena Branch Library. The Library contacted three furniture vendors to solicit comparable and competitive quotes for these items. Three quotes were received as follows:

1. Yamada Enterprises, Huntington Beach $ 68,204.67

2. Systems Source, Newport Beach $ 84,070.34

3. bluespace interiors, Yorba Linda $111,270.37
For more than 40 years, Yamada Enterprises (Yamada) has worked with libraries to provide furnishings and interior design for library interiors. Orange Public Library staff has interacted with the City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.37. 6/14/2022 File #: 22-0219
furnishings and interior design for library interiors. Orange Public Library staff has interacted with the company previously and experienced excellent customer service and quality merchandise. Yamada holds valid state contractor’s licenses and is bondable and insured. Of the three vendors, Yamada also provided the lowest quote to the Library. Therefore, staff has selected Yamada Enterprises for purchase of Library meeting room furniture. The purchase order will be opened by June 30, 2022 using Fiscal Year 2021-2022 (FY22) funds.

7. ATTACHMENTS
· Systems Source Quote 04.26.22
· bluespace interiors Quote 05.17.22
· Yamada Enterprises Quote 06.03.22
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.37. 6/14/2022 File #: 22-0219
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Authorize purchase of furniture for the Orange Public Library from Yamada Enterprises.

2. SUMMARY
Request to authorize a $68,204.67 purchase order with Yamada Enterprises for furniture for the Orange Public Library & History Center and the El Modena Branch Library meeting rooms.

3. RECOMMENDED ACTION
Approve purchase order for furniture from Yamada Enterprises in the amount of $68,204.67.

4. FISCAL IMPACT
The total expenditure for this purchase is $68,204.67 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community A: Refurbish, maintain, develop, and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
This purchase order will fund replacement of furniture in the meeting rooms at the Orange Public Library & History Center and El Modena Branch Library. Library meeting rooms are used daily by the public, City departments, and Library staff and support groups and provide meeting and programming spaces for thousands of attendees. Due to heavy usage over the past 15+ years, the furniture in these meeting rooms have become worn and need replacement to provide functional and attractive spaces for the public.

Funds will purchase chairs, tables, and storage racks for the Community Room, Rotary Room, and Staff Conference Room at the Orange Public Library & History Center as well as for the Community Room at the El Modena Branch Library. The Library contacted three furniture vendors to solicit comparable and competitive quotes for these items. Three quotes were received as follows:

1. Yamada Enterprises, Huntington Beach $ 68,204.67

2. Systems Source, Newport Beach $ 84,070.34

3. bluespace interiors, Yorba Linda $111,270.37
For more than 40 years, Yamada Enterprises (Yamada) has worked with libraries to provide furnishings and interior design for library interiors. Orange Public Library staff has interacted with the City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.37. 6/14/2022 File #: 22-0219
furnishings and interior design for library interiors. Orange Public Library staff has interacted with the company previously and experienced excellent customer service and quality merchandise. Yamada holds valid state contractor’s licenses and is bondable and insured. Of the three vendors, Yamada also provided the lowest quote to the Library. Therefore, staff has selected Yamada Enterprises for purchase of Library meeting room furniture. The purchase order will be opened by June 30, 2022 using Fiscal Year 2021-2022 (FY22) funds.

7. ATTACHMENTS
· Systems Source Quote 04.26.22
· bluespace interiors Quote 05.17.22
· Yamada Enterprises Quote 06.03.22
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.38. 6/14/2022 File #: 22-0240
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize purchase of licenses from Vigilant Solutions, LLC, as a single source vendor.

2. SUMMARY
The purchase of licenses will provide the continuation of access to Vigilant Solutions’ private License Plate Reader data platforms in the amount of $35,000 for Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve the purchase of licenses from Vigilant Solutions, LLC, for $35,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $35,000 and will be funded through AB3229-COPS/State - Supplemental Law Enforcement Services Fund (354).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
The Police Department currently has four mobile License Plate Reader (LPR) 3-Camera Systems used for automated detection of license plates. Data associated with vehicle license plates allows officers to identify stolen or wanted vehicles, stolen license plates, and missing persons. The Vigilant product is intended to operate with outside agencies and jurisdictions enabling the department to easily access and share data.

Vigilant Solutions, LLC (Vigilant) owns and manages the single largest LPR data sharing, National Vehicle Location Service, consisting of privately collected LPR data made available through the LEARN database for law enforcement purposes. Hosted services are cloud-based, in a secure data center, and include mapping alerts, hotlist “hits”, query search tools, and geo-zone mapping.

Cameras and services were first procured in October 2018. The purchase included five years of hardware warranty and three years of hosting services, commercial data, and facial recognition services. Additionally, staff added two additional mobile solar powered LPR systems in 2021 to focus on hot spot areas.

Staff pursued additional options to add more LPR cameras to the fleet, including an all-inclusive enterprise solution to outfit the entire fleet with LPR. The proposed project has been identified in City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.38. 6/14/2022 File #: 22-0240
enterprise solution to outfit the entire fleet with LPR. The proposed project has been identified in Capital Improvement Project No. 30196 and is included in a separate staff report being considered on tonight’s agenda.

For Fiscal Year 2022-2023, a one-year license renewal is needed to maintain full functionality of the LPR systems. The Police Department is requesting the continuation of services from single source vendor, Vigilant, for a total amount of $35,000.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.38. 6/14/2022 File #: 22-0240
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize purchase of licenses from Vigilant Solutions, LLC as a single source vendor.

2. SUMMARY
The purchase of licenses will provide the continuation of access to Vigilant Solutions’ private License Plate Reader data platforms in the amount of $35,000 for Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve the purchase of licenses from Vigilant Solutions, LLC for $35,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $35,000 and will be funded through AB3229-COPS/State - Supplemental Law Enforcement Services Fund (354).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
The Police Department currently has four mobile License Plate Reader (LPR) 3-Camera Systems used for automated detection of license plates. Data associated with vehicle license plates allows officers to identify stolen or wanted vehicles, stolen license plates, and missing persons. The Vigilant product is intended to operate with outside agencies and jurisdictions enabling the department to easily access and share data.

Vigilant Solutions, LLC (Vigilant) owns and manages the single largest LPR data sharing, National Vehicle Location Service, consisting of privately collected LPR data made available through the LEARN database for law enforcement purposes. Hosted services are cloud-based, in a secure data center, and include mapping alerts, hotlist “hits”, query search tools, and geo-zone mapping.

Cameras and services were first procured in October 2018. The purchase included five years of hardware warranty and three years of hosting services, commercial data, and facial recognition services. Additionally, staff added two additional mobile solar powered LPR systems in 2021 to focus on hot spot areas.

Staff pursued additional options to add more LPR cameras to the fleet, including an all-inclusive City of Orange Page 1 of 2 Printed on 6/8/2022
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Item #: 3.38. 6/14/2022 File #: 22-0240
Staff pursued additional options to add more LPR cameras to the fleet, including an all-inclusive enterprise solution to outfit the entire fleet with LPR. The proposed project has been identified in Capital Improvement Project No. 30196 and is included in a separate staff report being considered on tonight’s agenda.

For Fiscal Year 2022-2023, a one-year license renewal is needed to maintain full functionality of the LPR systems. The Police Department is requesting the continuation of services from single source vendor, Vigilant, for a total amount of $35,000.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 6/8/2022
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Agenda Item
City Council
Item #: 3.39. 6/14/2022 File #: 22-0252
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize purchase of Police Department uniforms and duty gear from Galls, LLC.

2. SUMMARY
Purchase of uniforms and duty gear from Galls, LLC through a Cooperative Purchasing Agreement, Master Agreement No. 106-495220. This purchase allows for the continuation of uniforms and duty gear for Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve the purchase of Police Department uniforms and duty gear from Galls, LLC, for $70,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $70,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
Police employees are required to wear a uniform to be identified as a law enforcement authority in society and a source of assistance in an emergency, crisis, or other time of need. New officers and office staff are initially issued two types of uniforms for wear. Worn or damaged items are replaced on an annual or as need basis. Specialized units such as Special Weapons and Tactics (SWAT), Motor Officers, K9, and Bicycle Patrol are issued different uniforms specific to their unit.

The Orange Police Department currently purchases uniforms and duty gear from Galls, LLC (Galls).

Galls is headquartered in Lexington, Kentucky and currently maintains a retail location within close proximity to the Orange Police Department which minimizes personnel driving time for pickups and scheduled fittings. As the largest distributor of uniforms and equipment to public safety personnel, Galls offers an extensive selection of products and brands, competitive pricing, convenient online ordering, and alteration services to meet the department’s needs. The most cost-effective purchase price could be obtained through a Cooperative Purchasing Agreement, Master Agreement No. 106- 495220 entered into by the City of Anaheim.

The Police Department is requesting the continuation of uniforms and duty gear from Galls for a total City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.39. 6/14/2022 File #: 22-0252
not to exceed amount of $70,000.

7. ATTACHMENTS
· Master Agreement No. 106-495220
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.39. 6/14/2022 File #: 22-0252
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize purchase of Police Department uniforms and duty gear from Galls, LLC.

2. SUMMARY
Purchase of uniforms and duty gear from Galls, LLC through a Cooperative Purchasing Agreement, Master Agreement No. 106-495220. This purchase allows for the continuation of uniforms and duty gear for Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve the purchase of Police Department uniforms and duty gear from Galls, LLC for $70,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $70,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
Police employees are required to wear a uniform to be identified as a law enforcement authority in society and a source of assistance in an emergency, crisis, or other time of need. New officers and office staff are initially issued two types of uniforms for wear. Worn or damaged items are replaced on an annual or as need basis. Specialized units such as Special Weapons and Tactics (SWAT), Motor Officers, K9, and Bicycle Patrol are issued different uniforms specific to their unit.

The Orange Police Department currently purchases uniforms and duty gear from Galls, LLC (Galls).

Galls is headquartered in Lexington, Kentucky and currently maintains a retail location within close proximity to the Orange Police Department which minimizes personnel driving time for pickups and scheduled fittings. As the largest distributor of uniforms and equipment to public safety personnel, Galls offers an extensive selection of products and brands, competitive pricing, convenient online ordering, and alteration services to meet the department’s needs. The most cost-effective purchase price could be obtained through a Cooperative Purchasing Agreement, Master Agreement No. 106- 495220 entered into by the City of Anaheim.

The Police Department is requesting the continuation of uniforms and duty gear from Galls for a total City of Orange Page 1 of 2 Printed on 6/8/2022
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Item #: 3.39. 6/14/2022 File #: 22-0252
not to exceed amount of $70,000.

7. ATTACHMENTS
· Master Agreement No. 106-495220
City of Orange Page 2 of 2 Printed on 6/8/2022
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Agenda Item
City Council
Item #: 3.40. 6/14/2022 File #: 22-0301
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of materials and supplies for water maintenance operations from various vendors.

2. SUMMARY
Request to authorize purchase orders in the amount of $150,000 with Yo Fire, $150,000 with C Wells Supply, $125,000 with United Water Works, $125,000 with Ferguson, $100,000 with S&J Supply, and $75,000 with Armorcast for miscellaneous waterworks materials and supplies on an as needed basis during Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve purchase orders for miscellaneous materials and supplies as described in Section 6 of the staff report for a total amount of $725,000.

4. FISCAL IMPACT
The total expenditure for these purchases is $725,000 and will be funded through Water Fund (600).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community.
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4.Provide outstanding public service.
b. Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The Public Works Department Water Division purchases many different types of materials and supplies such as copper tubing, brass fittings, hydrants, couplings, saddles, valves, meter boxes, lids, etc. for its daily maintenance operations. These items are needed for the successful repair, installation, and maintenance of the City’s water infrastructure. The Public Works Department Water Division uses the informal bid process to purchase the required materials by requesting all participating vendors to provide pricing for each individual item needed. There is no, one specific vendor that continually provides the lowest price for all items; therefore, the Water Division purchases materials from the vendors that offer the lowest price for that particular item.

The Water Division continuously purchases different materials and supplies from the six vendors listed below. As the amount of purchases from each vendor is over the $30,000 per year limit per City of Orange Page 1 of 2 Printed on 6/9/2022 powered by Legistar™577
Item #: 3.40. 6/14/2022 File #: 22-0301
listed below. As the amount of purchases from each vendor is over the $30,000 per year limit per vendor, staff is requesting the City Council authorize the purchase orders, on an as needed basis, in the amounts shown in the table for Fiscal Year 2022-2023.

Vendor Amount
Yo Fire $150,000
C Wells Supply $150,000
United Water Works $125,000
Ferguson $125,000
S&J Supply $100,000
Armorcast $ 75,000
The Public Works Department Water Division continues to monitor and seek out vendors with the lowest prices to ensure the City is getting the best value available.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.40. 6/14/2022 File #: 22-0301
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of materials and supplies for water maintenance operations from various vendors.

2. SUMMARY
Request to authorize purchase orders in the amount of $150,000 with Yo Fire, $150,000 with C Wells Supply, $125,000 with United Water Works, $125,000 with Ferguson, $100,000 with S&J Supply, and $75,000 with Armorcast for miscellaneous waterworks materials and supplies on an as needed basis during Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve purchase orders for miscellaneous materials and supplies as described in Section 6 of the staff report for a total amount of $725,000.

4. FISCAL IMPACT
The total expenditure for these purchases is $725,000 and will be funded through Water Fund (600).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community.
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4.Provide outstanding public service.
b. Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The Public Works Department Water Division purchases many different types of materials and supplies such as copper tubing, brass fittings, hydrants, couplings, saddles, valves, meter boxes, lids, etc. for its daily maintenance operations. These items are needed for the successful repair, installation, and maintenance of the City’s water infrastructure. The Public Works Department Water Division uses the informal bid process to purchase the required materials by requesting all participating vendors to provide pricing for each individual item needed. There is no, one specific vendor that continually provides the lowest price for all items; therefore, the Water Division purchases materials from the vendors that offer the lowest price for that particular item.

The Water Division continuously purchases different materials and supplies from the six vendors listed below. As the amount of purchases from each vendor is over the $30,000 per year limit per City of Orange Page 1 of 2 Printed on 6/9/2022 powered by Legistar™579
Item #: 3.40. 6/14/2022 File #: 22-0301
listed below. As the amount of purchases from each vendor is over the $30,000 per year limit per vendor, staff is requesting the City Council authorize the purchase orders, on an as needed basis, in the amounts shown in the table for Fiscal Year 2022-2023.

Vendor Amount
Yo Fire $150,000
C Wells Supply $150,000
United Water Works $125,000
Ferguson $125,000
S&J Supply $100,000
Armorcast $ 75,000
The Public Works Department Water Division continues to monitor and seek out vendors with the lowest prices to ensure the City is getting the best value available.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.41. 6/14/2022 File #: 22-0325
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of water meters from Neptune Technology Group, Inc. as a sole source vendor.

2. SUMMARY
The Neptune Water Meter has been approved as the standard product in the City of Orange.

Neptune Meters are used exclusively to ensure meter reading compatibility with our water billing system. Approximately, 1,800 meters are replaced each year as part of an on-going meter replacement program. Staff is requesting the authorization to purchase replacement meters in the amount of $375,000 from Neptune Technology Group, Inc. during Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve the purchase of replacement water meters from Neptune Technology Group, Inc. in the amount of $375,000 for Fiscal Year 2022-2023.

4. FISCAL IMPACT
The total expenditure for this purchase is $375,000 and will be funded through:

Water Fund (600) $225,000
Meter Replacement Program (18102) $150,000
Total: $375,000

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The City has been using Neptune Technology Group, Inc. (Neptune) water meters and hand-held meter reading devices for the past 20 years. Neptune products have proven themselves dependable and have improved data collection speed and accuracy. These products have also facilitated data transfer to the water billing system. The City Council has previously authorized Neptune products and this sole source specification is a continuation of that policy.

Neptune products, which include water meters, remote read water meters, hand-held meter reading City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.41. 6/14/2022 File #: 22-0325
Neptune products, which include water meters, remote read water meters, hand-held meter reading equipment, and related software, are proprietary. Neptune uses specific data collection and transfer software and technology unique to its own specific applications. To ensure continued data collection compatibility for ongoing meter reading operations, the City purchases Neptune meters exclusively.

With approximately 36,000 meters in the system, the City has an ongoing need to replace meters as they break, become stuck, or need to be upgraded with more efficient radio read meters as water projects or developments are constructed. The City replaces approximately 1,800 meters annually as part of the meter replacement program. Additionally, the new meters allow for the automated method of gathering meter reads, consumption data, and other system information that will benefit water operations and customers.

The City has found that the most cost effective method for purchasing meters in volume is directly from Neptune. It is for these reasons that the Public Works Water Division is requesting this sole source purchase of water meters from Neptune Technology Group, Inc. Staff will continue to monitor both cost and alternative products to ensure the City is getting the best value available.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.41. 6/14/2022 File #: 22-0325
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of water meters from Neptune Technology Group, Inc. as a sole source vendor.

2. SUMMARY
The Neptune Water Meter has been approved as the standard product in the City of Orange.

Neptune Meters are used exclusively to ensure meter reading compatibility with our water billing system. Approximately, 1,800 meters are replaced each year as part of an on-going meter replacement program. Staff is requesting the authorization to purchase replacement meters in the amount of $375,000 from Neptune Technology Group, Inc. during Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve the purchase of replacement water meters from Neptune Technology Group, Inc. in the amount of $375,000 for Fiscal Year 2022-2023.

4. FISCAL IMPACT
The total expenditure for this purchase is $375,000 and will be funded through:

Water Fund (600) $225,000
Meter Replacement Program (18102) $150,000
Total: $375,000

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The City has been using Neptune Technology Group, Inc. (Neptune) water meters and hand-held meter reading devices for the past 20 years. Neptune products have proven themselves dependable and have improved data collection speed and accuracy. These products have also facilitated data transfer to the water billing system. The City Council has previously authorized Neptune products and this sole source specification is a continuation of that policy.

Neptune products, which include water meters, remote read water meters, hand-held meter reading City of Orange Page 1 of 2 Printed on 6/9/2022
powered by Legistar™583
Item #: 3.41. 6/14/2022 File #: 22-0325
Neptune products, which include water meters, remote read water meters, hand-held meter reading equipment, and related software, are proprietary. Neptune uses specific data collection and transfer software and technology unique to its own specific applications. To ensure continued data collection compatibility for ongoing meter reading operations, the City purchases Neptune meters exclusively.

With approximately 36,000 meters in the system, the City has an ongoing need to replace meters as they break, become stuck, or need to be upgraded with more efficient radio read meters as water projects or developments are constructed. The City replaces approximately 1,800 meters annually as part of the meter replacement program. Additionally, the new meters allow for the automated method of gathering meter reads, consumption data, and other system information that will benefit water operations and customers.

The City has found that the most cost effective method for purchasing meters in volume is directly from Neptune. It is for these reasons that the Public Works Water Division is requesting this sole source purchase of water meters from Neptune Technology Group, Inc. Staff will continue to monitor both cost and alternative products to ensure the City is getting the best value available.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.42. 6/14/2022 File #: 22-0344
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize purchase of medical supplies from Life-Assist, Inc.

2. SUMMARY
The Fire Department purchases medical supplies from several vendors including Life-Assist, Inc. In May 2020, Life-Assist, Inc. was awarded a National Purchasing Partners (NPPGov) contract with League of Oregon Cities valid from May 2020 through May 29, 2026. As part of this contract, Life Assist has extended cooperative pricing to the City of Orange.

3. RECOMMENDED ACTION
Approve the purchase of medical supplies and medications from Life-Assist, Inc. in an amount of $255,000 for Fiscal Year 2022-2023.

4. FISCAL IMPACT
The total expenditure for this purchase is $255,000 and will be funded through:

EMT Transport Fund (125) $170,000
General Fund (100) 85,000
Total: $255,000

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b. Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
Over the last several years, Life-Assist, Inc. (Life-Assist) has offered cooperative purchasing to Orange City Fire Department. This opportunity delivers the most competitive pricing available for medical supplies and medications. Life Assist provides the greatest selection of medical products and superior customer service. The Fire Department is typically able to piggyback onto larger contracts with other public safety agencies. In this case, Life-Assist has extended the contract pricing that was negotiated with League of Oregon Cities.

The Fire Department is recommending the City Council continue to approve the purchase of medical supplies and medications from Life-Assist. Approximately $285,000 is spent annually on medical supplies through four different vendors, of which Life-Assist has the largest share. Generally, our City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.42. 6/14/2022 File #: 22-0344
supplies through four different vendors, of which Life-Assist has the largest share. Generally, our medical supply costs are reimbursed through patient billings. Based on routine pricing comparisons performed by Fire Department personnel, Life Assist continues to offer the most competitive costs through their extended cooperative purchasing agreement opportunities. The cooperative purchasing provided through the NPPGov contract ensures lower prices throughout the contract period ending on May 29, 2026.

7. ATTACHMENTS
· Intergovernmental Cooperative Purchasing Agreement
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.42. 6/14/2022 File #: 22-0344
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize purchase of medical supplies from Life-Assist, Inc.

2. SUMMARY
The Fire Department purchases medical supplies from several vendors including Life-Assist, Inc. In May 2020, Life-Assist, Inc. was awarded a National Purchasing Partners (NPPGov) contract with League of Oregon Cities valid from May 2020 through May 29, 2026. As part of this contract, Life Assist has extended cooperative pricing to the City of Orange.

3. RECOMMENDED ACTION
Approve the purchase of medical supplies and medications from Life-Assist, Inc. in an amount of $255,000 for Fiscal Year 2022-2023.

4. FISCAL IMPACT
The total expenditure for this purchase is $255,000 and will be funded through:

EMT Transport Fund (125) $170,000
General Fund (100) 85,000
Total: $255,000

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b. Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
Over the last several years, Life-Assist, Inc. (Life-Assist) has offered cooperative purchasing to Orange City Fire Department. This opportunity delivers the most competitive pricing available for medical supplies and medications. Life Assist provides the greatest selection of medical products and superior customer service. The Fire Department is typically able to piggyback onto larger contracts with other public safety agencies. In this case, Life-Assist has extended the contract pricing that was negotiated with League of Oregon Cities.

The Fire Department is recommending the City Council continue to approve the purchase of medical supplies and medications from Life-Assist. Approximately $285,000 is spent annually on medical supplies through four different vendors, of which Life-Assist has the largest share. Generally, our City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.42. 6/14/2022 File #: 22-0344
supplies through four different vendors, of which Life-Assist has the largest share. Generally, our medical supply costs are reimbursed through patient billings. Based on routine pricing comparisons performed by Fire Department personnel, Life Assist continues to offer the most competitive costs through their extended cooperative purchasing agreement opportunities. The cooperative purchasing provided through the NPPGov contract ensures lower prices throughout the contract period ending on May 29, 2026.

7. ATTACHMENTS
· Intergovernmental Cooperative Purchasing Agreement
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.43. 6/14/2022 File #: 22-0345
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize purchase of Fire Department uniforms and accessories from LineGear Fire & Rescue Equipment.

2. SUMMARY
LineGear Fire & Rescue Equipment will supply uniform attire and accessory purchases through a Cooperative Purchasing Agreement for Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve the purchase of Fire Department uniforms and accessories from LineGear Fire & Rescue Equipment in an amount of $220,000 for Fiscal Year 2022-2023.

4. FISCAL IMPACT
The total expenditure for this purchase is $220,000 and will be funded through General Fund (100) and Fire Facility Fees (560).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b. Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
Fire department employees are required to wear a uniform to be identified as a public safety authority in society and a source of assistance in an emergency, crisis, or other time of need. Fire suppression and fire prevention personnel receive an annual uniform allowance to use at their discretion.

Orange City Fire reviews their uniform supplier annually and assesses needs based on price, quality, and customer service. The department has determined the best vendor to meet all criteria is LineGear Fire & Rescue Equipment (LineGear). The company serves the needs of fire, rescue, and emergency medical transport professionals and has been in business for eighteen years. LineGear offers an extensive selection of products and brands, competitive pricing, convenient online ordering, and alteration services to meet the Department’s needs.

The procurement of uniforms and duty gear will be acquired through a Cooperative Purchasing City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.43. 6/14/2022 File #: 22-0345
Agreement with LineGear for a total amount of $220,000.

7. ATTACHMENTS
· Master Pricing List for Fiscal Year 2022-2023
· GSA contract GS-07F-9246S is available in electronic format upon request City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.43. 6/14/2022 File #: 22-0345
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize purchase of Fire Department uniforms and accessories from LineGear Fire & Rescue Equipment.

2. SUMMARY
LineGear Fire & Rescue Equipment will supply uniform attire and accessory purchases through a Cooperative Purchasing Agreement for Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve the purchase of Fire Department uniforms and accessories from LineGear Fire & Rescue Equipment in an amount of $220,000 for Fiscal Year 2022-2023.

4. FISCAL IMPACT
The total expenditure for this purchase is $220,000 and will be funded through General Fund (100) and Fire Facility Fees (560).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b. Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
Fire department employees are required to wear a uniform to be identified as a public safety authority in society and a source of assistance in an emergency, crisis, or other time of need. Fire suppression and fire prevention personnel receive an annual uniform allowance to use at their discretion.

Orange City Fire reviews their uniform supplier annually and assesses needs based on price, quality, and customer service. The department has determined the best vendor to meet all criteria is LineGear Fire & Rescue Equipment (LineGear). The company serves the needs of fire, rescue, and emergency medical transport professionals and has been in business for eighteen years. LineGear offers an extensive selection of products and brands, competitive pricing, convenient online ordering, and alteration services to meet the Department’s needs.

The procurement of uniforms and duty gear will be acquired through a Cooperative Purchasing City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.43. 6/14/2022 File #: 22-0345
Agreement with LineGear for a total amount of $220,000.

7. ATTACHMENTS
· Master Pricing List for Fiscal Year 2022-2023
· GSA contract GS-07F-9246S is available in electronic format upon request City of Orange Page 2 of 2 Printed on 6/9/2022
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ORANGE CITY FIRE DEPARTMENT - UNIFORM PRICE LIST June 2022 SUPRESSION Mfg Item # Color Price Price w Tax
SHIRT
Short Sleeve Shirt Workrite 730NXNB Navy 135.00 145.46
Long Sleeve Shirt Workrite 735NXNB Navy 160.00 172.40
Add Maltese Crosses White 10.00 10.78
PANTS
Reg Cut Pants Workrite 400NX75NB Navy 139.00 149.77
Full Cut Pants Workrite 402NX75NB Navy 144.00 155.16
TriCert BDU Pants Crew Boss SRP0252 Navy 375.00 404.06
BELTS
Belt (baby gripper) Boston BL-6650BGS Black 19.50 21.01 Belt Blk / Silver Boston BL-6606-1 Black 19.50 21.01
Belt (Wildland) Bison HDLC Gun Met Blk/Gun 22.00 23.71

JACKETS
Soft Shell Elbeco SH3504 Navy 154.00 165.94 (+$10 for XXL+) Outer Shell Elbeco SH3204 Navy 210.00 226.28 (+$10 for XXL+) Chameleon 5.11 48099 Navy 145.00 156.24
Uniform Jacket Workrite 326NX75NV Navy 169.00 182.10
Shacket Workrite WR Short Sleeve Navy 214.00 230.59
Station Boots
Redback Slip On Redback USBBK 164.00 176.71
Pro Warrington Pro 3003 375.00 404.06
Southwest 100 Southwest FFB100 189.00 203.65
Southwest 401 Southwest FFB401 189.00 203.65
Wildland Boots
WTF Rough Out Danner 18050 274.00 295.24
WTF Smooth Danner 18054 279.00 300.62
Smoke Jumper Whites 400V 499.00 521.79
Airpower XR1 PRO Haix XR1 294.00 316.79
Boot Insoles
Redback insole Redback RB-Insole 20.00 21.55
Spenco Ttl Support Spenco Spen-3913 33.50 36.10
Shirt prices include dept patch sewn on left sleeve and flag patch on right sleeve and name embroidered on right chest (patches provided by dept) Shirt prices include rocker patch sewn on for designated personnel (if appliable) Jacket prices include dept patch / badge patch / name embroidered (patches provided by dept) Prices subject to change without notice
598
CHIEF Mfg Item # Color Price Price w Tax
SHIRT
Short Sleeve Shirt Workrite 730NXBK Black 135.00 145.46 (+$20 for 52+) Long Sleeve Shirt Workrite 735NXBK Black 160.00 172.40 (+$20 for 52+) Add Maltese Crosses Gold 10.00 10.78
PANTS
Reg Cut Pants Workrite 400NX75BK Black 139.00 149.77
Full Cut Pants Workrite 402NX75BK Black 144.00 155.16
TriCert BDU Pants Crew Boss SRP0253 Black 375.00 404.06 BELTS
Belt (baby gripper) Boston BL-6650BGS Black 19.50 21.01 Belt Blk / Gold Boston BL-6606-1GLD Black 19.50 21.01
Belt (Wildland) Bison HDLC Gun Met Blk/Gun 22.00 23.71

JACKETS
Soft Shell Elbeco SH3504 Black 154.00 165.94
Outer Shell Elbeco SH3204 Black 210.00 226.28
Chameleon 5.11 48099 Black 145.00 156.24
Station Boots
Redback Slip On Redback USBBK 164.00 176.71
Pro Warrington Pro 3003 375.00 404.06
Southwest 100 Southwest FFB100 189.00 203.65
Southwest 401 Southwest FFB401 189.00 203.65
Wildland Boots
WTF Rough Out Danner 18050 274.00 295.24
WTF Smooth Danner 18054 279.00 300.62
Smoke Jumper Whites 400V 499.00 537.67
Airpower XR1 PRO Haix XR1 294.00 316.79
Boot Insoles
Redback insole Redback RB-Insole 20.00 21.55
Spenco Ttl Support Spenco Spen-3913 33.50 36.10
Shirt prices include dept patch sewn on left sleeve and flag patch on right sleeve and name embroidered on right chest (patches provided by dept) Shirt prices include rocker patch sewn on for designated personnel (if appliable) Jacket prices include dept patch / badge patch / name embroidered (patches provided by dept) Prices subject to change without notice
599
PREVENTION Mfg Item # Color Price Price w Tax
SHIRT
M Short Sleeve Shirt 5.11 71175 82.00 88.36
M Long Sleeve Shirt 5.11 72175 79.00 85.12
W Long Sleeve Shirt 5.11 62070 79.00 85.12
W LS Altered to SS 5.11 62070 89.00 95.90
W Tactical Perf Polo 5.11 61165 52.00 56.03 (blank)
W Fast Tac LS shirt 5.11 72479 54.00 58.19 (blank)
Add Maltese Cross 10.00 10.78
PANTS
M Stryke Pants 5.11 74369 80.00 86.20 (+$10 for 46+)
W Stryke Pants 5.11 64386 80.00 86.20
TriCert BDU Pants Crew Boss SRP0252 375.00 404.06
BELTS
Belt (baby gripper) Boston BL-6650BGS Black 19.50 21.01 Belt Blk / Silver Boston BL-6606-1 Black 19.50 21.01
Belt (Wildland) Bison HDLC Gun Met Blk/Gun 22.00 23.71

JACKETS
Soft Shell Elbeco SH3504 154.00 165.94
Outer Shell Elbeco SH3204 210.00 226.28
Chameleon 5.11 48099 145.00 156.24
Station Boots
Redback Slip On Redback USBBK 164.00 176.71
Pro Warrington Pro 3003 375.00 404.06
Southwest 100 Southwest FFB100 189.00 203.65
Southwest 401 Southwest FFB401 189.00 203.65
Airpower XR1 PRO Haix XR1 294.00 316.79
Boot Insoles
Redback insole Redback RB-Insole 20.00 21.55
Spenco Ttl Support Spenco Spen-3913 33.50 36.10
Shirt prices include dept patch sewn on left sleeve and flag patch on right sleeve and name embroidered on right chest (patches provided by dept) Shirt prices include rocker patch sewn on for designated personnel (if appliable) Jacket prices include dept patch / badge patch / name embroidered (patches provided by dept) Prices subject to change without notice
600
MISC SERVICES Price Price w Tax
Remove Patch on Shirt or Jacket RP 8.00 8.62
Remove Embroidery Name RN 10.00 10.78
Embroider Name on FD Provided Shirt or Jacket EN 7.50 8.08 Sew Patch on FD Provided Shirt or Jacket SP 5.00 5.39
Sew Rocker on FD Provided Shirt SR 5.00 5.39
Sew Badge Tab on Shirt SB 5.00 5.39
Embroider Maltese Crosses on FD Provided Shirt EM 10.00 10.78 Sew Zippers on Prevention Shirts SZ 20.00 21.55
MISC PRODUCTS Mfg Item # Color Price Price w Tax
Leather Suspenders Boston Lthr 9175 68.00 73.27
Leather Suspenders Boston Lthr 9175S 73.00 78.66
Leather Suspenders Boston Lthr 9175XL 73.00 78.66
Leather Suspenders Boston Lthr 9175XXL 87.00 93.74
Radio Holder Boston Lthr 5487RC/5425/6543 98.00 105.60
.
601
Agenda Item
City Council
Item #: 3.44. 6/14/2022 File #: 22-0346
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize purchase of turnout safety gear and associated equipment from LN Curtis & Sons for Fiscal Year 2022-2023.

2. SUMMARY
The Fire Department purchases turnout safety gear and equipment from LN Curtis & Sons every year to replace expiring safety gear, currently in use by firefighting personnel. The Fire Department buys turnout safety gear exclusively from LN Curtis & Sons under the SourceWell Contract #032620.

3. RECOMMENDED ACTION
Approve the purchase of firefighter turnout safety gear and equipment from LN Curtis & Sons in an amount of $110,000 for Fiscal Year 2022-2023.

4. FISCAL IMPACT
The total expenditure for this purchase is $110,000 and will be funded through General Fund (100) and Fire Facility Fees (560).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b. Provide and maintain infrastructure necessary to ensure the safety of the public.

6. DISCUSSION AND BACKGROUND
The Orange City Fire Department receives special pricing on firefighter turnout safety gear by purchasing under the SourceWell Contract #032620 through L.N. Curtis & Sons (Curtis). The Department must purchase from Curtis to maintain its current turnout safety gear specification from Globe Manufacturing Company (Globe). Curtis is the Globe factory authorized vendor for the Southern California Region as well as the Fire Department’s leading supplier for turnout safety boots, wild land brush jackets, gloves, and rope rescue equipment.

7. ATTACHMENTS
· SourceWell Contract #032620
· Turnout ensemble quote for Fiscal Year 2022-2023
City of Orange Page 1 of 1 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.44. 6/14/2022 File #: 22-0346
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize purchase of turnout safety gear and associated equipment from LN Curtis & Sons for Fiscal Year 2022-2023.

2. SUMMARY
The Fire Department purchases turnout safety gear and equipment from LN Curtis & Sons every year to replace expiring safety gear, currently in use by firefighting personnel. The Fire Department buys turnout safety gear exclusively from LN Curtis & Sons under the SourceWell Contract #032620.

3. RECOMMENDED ACTION
Approve the purchase of firefighter turnout safety gear and equipment from LN Curtis & Sons in an amount of $110,000 for Fiscal Year 2022-2023.

4. FISCAL IMPACT
The total expenditure for this purchase is $110,000 and will be funded through General Fund (100) and Fire Facility Fees (560).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b. Provide and maintain infrastructure necessary to ensure the safety of the public.

6. DISCUSSION AND BACKGROUND
The Orange City Fire Department receives special pricing on firefighter turnout safety gear by purchasing under the SourceWell Contract #032620 through L.N. Curtis & Sons (Curtis). The Department must purchase from Curtis to maintain its current turnout safety gear specification from Globe Manufacturing Company (Globe). Curtis is the Globe factory authorized vendor for the Southern California Region as well as the Fire Department’s leading supplier for turnout safety boots, wild land brush jackets, gloves, and rope rescue equipment.

7. ATTACHMENTS
· SourceWell Contract #032620
· Turnout ensemble quote for Fiscal Year 2022-2023
City of Orange Page 1 of 1 Printed on 6/9/2022
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032620-LNC
1 Rev. 4/2019
Solicitation Number: RFP #032620

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and L.N. Curtis & Sons, 185 Lennox Lane, Suite 100, Walnut Creek, CA 94598 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members) in the United States only.

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 May 7, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member’s site.

DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 604
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2 Rev. 4/2019
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Member in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Member.

C. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

Regardless of the payment method chosen by the Member, 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 Member at the time of purchase.

When providing pricing quotes to Members, all pricing quoted must reflect a Member’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 Member’s requested delivery location.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Members. Members 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.

Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

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Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member.

B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members.

4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
• Identify the applicable Sourcewell contract number
• Clearly specify the requested change
• Provide sufficient detail to justify the requested change • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change) • 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 be become an amendment to this Contract and be incorporated by reference.

DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 606
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5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract within the United States. A Member’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member’s use of this Contract is at the Member’s sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and will encourage potential members to join Sourcewell.

Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at governmentowned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws.

6. MEMBER ORDERING AND PURCHASE ORDERS
A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member.

B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry-specific requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor’s Proposal.

C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member’s purchase order.

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D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal or state laws or regulations prohibit the purchase or change the Member’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member.

F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member’s purchase order will be determined by the Member making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Member inquiries; and • Business reviews to Sourcewell and Members, if applicable.

B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to members, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

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The Report must contain the following fields:
• Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address;
• Customer City;
• Customer State;
• Customer Zip Code;
• Customer Contact Name;
• Customer Contact Email Address;
• Customer Contact Telephone Number;
• Sourcewell Assigned Entity/Member Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter.

Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

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10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.

E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, masterservant, principal-agent, or any other relationship.

11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.

12. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract.

13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

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If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

14. INTELLECTUAL PROPERTY
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws.

15. PUBLICITY, MARKETING, AND ENDORSEMENT
A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.

17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 611
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remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have thirty (30) calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the Contract.

20. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

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1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer).

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability.

During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
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$2,000,000 – annual aggregate

6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty (30) days’ prior written notice to the Vendor.

Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within ten (10) days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 614
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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).

F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval.

21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members.

22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Member.

Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Members 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. Members may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 615
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a Member accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal 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. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 616
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work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 617
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covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

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24. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination.

Sourcewell L.N. Curtis & Sons
By: __________________________ By: __________________________ Jeremy Schwartz Nick Lawrence
Title: Director of Operations &
Procurement/CPO
Title: Special Programs Director
Date: ________________________
Date: ________________________
Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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5/5/2020 | 6:44 PM PDT
5/5/2020 | 8:49 PM CDT
619
RFP 032620 - Firefighting Personal Protective Equipment, Apparel, and Accessories, with Related Cleaning and
Maintenance Equipment
Vendor Details
Company Name: L.N. Curtis & sons
Does your company conduct
business under any other name? If
yes, please state:

Curtis
Address:
185 Lennon Lane
Suite 110
Walnut Creek, CA 94598
Contact: Nick Lawrence
Email: [email protected]
Phone: 510-499-4112
HST#:

Submission Details
Created On: Thursday January 23, 2020 10:16:32
Submitted On: Thursday March 26, 2020 00:10:18
Submitted By: Nick Lawrence
Email: [email protected]
Transaction #: b5d08568-4a99-4569-a09e-e53cd565fff3
Submitter's IP Address: 98.210.41.56
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
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Specifications
Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark “NA” if the question does not apply to you (preferably with an explanation).

Line
Item Question Response *
1 Proposer Legal Name (and
applicable d/b/a, if any):

L.N. Curtis & sons (Curtis) *
2 Proposer Address: 185 Lennox Lane
Suite 100
Walnut Creek, CA 94598
*
3 Proposer website address: http://www.lncurtis.com/ *
4 Proposer's Authorized
Representative (name, title,
address, email address & phone)
(The representative must have
authority to sign the “Proposer’s
Assurance of Compliance” on
behalf of the Proposer and, in the
event of award, will be expected
to execute the resulting contract):

Nick Lawrence, Special Programs Director
*
5 Proposer's primary contact for this
proposal (name, title, address,
email address & phone):

Nick Lawrence, Special Programs Director
185 Lennon Lane, Suite 110
Walnut Creek, CA 94598
[email protected]
(510) 499-4112
*
6 Proposer's other contacts for this
proposal, if any (name, title,
address, email address & phone):

Nick Lloyd, Executive Director of Sales
185 Lennon Lane, Suite 110
Walnut Creek, CA 94598
[email protected]
(740) 590-3446
Tim Henderson, Senior Vice President
4647 S. 33rd Street
Phoenix, AZ 85040
[email protected]
(510) 207-1568
Table 2: Company Information and Financial Strength
Line
Item Question Response *
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
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7 Provide a brief history of your company,
including your company’s core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services.

L.N. Curtis & sons (Curtis) has a long history with emergency responders. Lloyd N. "Pop" Curtis founded our company in 1929. “Pop’s” brother, Newton, had partnered with his brothers-in-law in Glendale, California to build a mechanical resuscitator - a first of its kind.

The Depression of the early 30's interrupted many American lives. It most certainly hindered the sale of a resuscitator that was a very expensive piece of equipment for its day (as much as a new Chevy or Ford). Thus, “Pop” found himself trying to support a family and unable to make ends meet. He was, however, an extremely popular salesperson. It seemed firefighters liked him very much, respected his tenacity and were intent on keeping him afloat. It became their practice when “Pop” came around for a sales call to ask him "to pick up some fire boots and bring them next time he visited.” Then fire boots turned into "Lloyd, we could use some turnouts on your next visit. How about it?" This is how L.N. Curtis & sons as we know it today was born.

Finally, the economy improved enough that, with the addition of a very small inheritance, “Pop” was able to buy a car and get back on the road. His sons, Jay and Bill were named "partners" and the "L.N. Curtis" company immediately evolved into, "L.N. Curtis & sons." 451 Hudson Street in Oakland, California was the garage that opened the doors to what has become one of the most successful distributors of emergency responder equipment in the United States. “Pop”, Jay, and Bill Curtis each worked diligently in every capacity to be successful and support their family. In fact, none of them ever retired and each worked actively in the business until their deaths.

Salt Lake City, Utah, became the home for Curtis’ second Customer Service and Operations Center. Jay Curtis’ son-in-law, Steven L. Chandler, ran this division until his retirement in 2009.

In 1945, Curtis’ third Customer Service and Operations Center opened in Seattle, Washington. Eventually, three more Customer Service and Operations Centers have opened. These new Centers support customers in Southern California and Southern Nevada; the Southwest; and, U.S. Military customers world-wide.

Bill Curtis managed Curtis from 1946 until 1988. Upon his death in 2005, Bill’s son, Paul Curtis, became President and CEO of the company. Curtis’ headquarters and the home of the Curtis’ Pacific North Customer Service Center and Special Programs was moved in 2020 from Oakland, CA, to Walnut Creek, CA.

Jeff Curtis, a great grandson of “Pop” Curtis is currently Vice President of Operations and Customer Service, while Roger Curtis, also a great grandson of “Pop” Curtis, is currently Vice President of Marketing and Administration.

During subsequent years, four additions were made to the L.N. Curtis & sons’ family of companies: ECMS, Firefighters Bookstore, Curtis Force Protection, and Curtis Blue Line.

ECMS performs ensemble care and maintenance for emergency responders. ECMS includes six operations centers (Las Vegas, NV, Oakland, CA, La Mirada (Los Angeles), CA, Phoenix, AZ, Kent, WA, and Salt Lake City, UT).

Firefighters Bookstore services emergency responders on a world-wide basis with educational and training services.

Curtis Force Protection specializes in assisting federal agencies, located world-wide, with products and services supporting missions related to defense, security and enforcement.

Curtis Blue Line (CBL) services law enforcement agencies and their members from six operations centers and retail stores. CBL locations are in Boise, ID, Kent, WA, Phoenix, AZ, Tigard, OR, Salt Lake City, UT, and West Sacramento, CA.

Throughout the decades, Curtis’ mission has remained constant:
“L.N. Curtis & sons provides critical products and services that enable our nation’s first responders to accomplish their missions and return safely home to family and friends.”
In honor of those we serve, Curtis established a corporate-wide trademark, “Tools for Heroes”
*
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 622
8 Provide a detailed description of the products
and services that you are offering in your
proposal.

Curtis’ proposal to Sourcewell has been prepared to ensure full compliance to solicitation requirements. We have assembled a team from our stable of manufacturers to form a compilation of product catalogs representing those products related to this solicitation that are required and most in demand to support firefighting and rescue operations. The purpose of our proposal is to provide an array of the most common products used by today’s Fire Service.

CURTIS’ offer includes one or more brands or styles for the following general product categories that are defined within the solicitation:

1.    Personal Protective Equipment (PPE)

2.    Breathing Air Compressor Systems

3.    PPE-related Services
*
9 What are your company’s expectations in the
event of an award?
Curtis expects to:
•    Fulfill customer requirements, accurately, timely and with significant value •    Curtis expects to make the ensuing contract very valuable to Sourcewell and to the membership
•    Curtis expects to make a fair profit
*
10 Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.

Upload supporting documents (as applicable)
in the document upload section of your
response.

Please refer to the attachment, “Item 10 – Curtis Financials” *
11 What is your US market share for the
solutions that you are proposing?
Curtis estimates that we have between 50%-65% of our served markets that comprises the products contained in our proposal.
*
12 What is your Canadian market share, if any? Curtis does not sell into the Canadian market. * 13 Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.

Curtis has never petitioned or entered into bankruptcy protection. * 14 How is your organization best described: is it
a manufacturer, a distributor/dealer/reseller, or
a service provider?  Answer whichever
question (either a) or b) just below) best
applies to your organization.
a)    If your company is best described as a
distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b)    If your company is best described as a
manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services proposed
in this RFP. Are these individuals your
employees, or the employees of a third party?
a) Curtis is a distributor/dealer/reseller for all brands and models that are included in this proposal.

Please note that written authorization from our manufacturers is available on request as there is no apparent place in the documentation section of the on-line submission process for inserting authorizations from the manufacturers included in this offer. *
15 If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.

Curtis holds a license to conduct business in the thirteen Western States, with facilities in Washington, Oregon, Utah, Arizona, Idaho and California. *
16 Provide all “Suspension or Debarment”
information that has applied to your
organization during the past ten years.

Curtis has never been suspended or excluded (debarred) from participating in any program, contract, or other business opportunity by any customer or group of customers.
*
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 623
17 Within this RFP category there may be
subcategories of solutions. List subcategory
titles that best describe your products and
services.

Curtis' proposal includes products representing the following categories and subcategories:

1.    PERSONAL PROTECTIVE EQUIPMENT (PPE)
•    Firefighter Protective Clothing (structural and proximity [aircraft]) o    Turnout Jackets
o    Turnout Pants
o    Firefighting Boots
o    Firefighting Gloves
o    Firefighting Hoods
•    Wildland Fire Fighting Protective Gear
o    Wildland Jackets
o    Wildland Pants
o    Wildland Boots
o    Wildland Gloves
o    Wildland Hoods
•    Technical Rescue Protective Gear
o    Tech Rescue Jackets
o    Tech Rescue Pants
o    Tech Rescue Boots
o    Tech Rescue Gloves
•    Station-Wear
o    Blouses (shirts)
o    Jackets
o    Pants
o    Footwear
•    Self-Contained Breathing Apparatus (SCBA)
o    Back-Packs
o    Facepieces
o    Cylinders
o    Regulator
o    RIC UAC
o    PASS
o    Replacements parts and accessories
•    Miscellaneous PPE-related equipment
o    Belts
o    Packs
o    Other

2.    BREATHING AIR COMPRESSOR SYSTEMS
•    Breathing Air Systems (mobile and stationary)
•    Fill Stations
•    Storage Systems

3.    PPE-RELATED SERVICES
•    Pre-sales Support (requirements definition and support to specification development)
•    Post-Sales Support (sizing, use and care training, assistance during deployment, repair and maintenance)
•    Inspection, Cleaning & Repair Support (proposal includes providing the membership a Verified Independent Service Provider offering NFPA 1851-compliant inspection, cleaning, and repair of personal protective equipment) *
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 624
Table 3: Industry Recognition & Marketplace Success
Line
Item Question Response *
18 Describe any relevant industry awards or
recognition that your company has received
in the past five years
None
*
19 What percentage of your sales are to the
governmental sector in the past three years
Public sector agencies, including federal, state and local agencies, comprise in excess of 90% of total corporate sales. The balance are primarily sales to individuals, mainly those employed by the public sector. *
20 What percentage of your sales are to the
education sector in the past three years
Education entities comprised less than 1% of total corporate sales. * 21 List any state or cooperative purchasing
contracts that you hold. What is the annual
sales volume for each of these contracts
over the past three years?
Curtis has several cooperative purchasing contracts in place at the state, regional and national levels. Of note:

NPPGov: Sales on these multiple nation-wide contracts have gross sales, on average, of two-million dollars per reporting quarter.

Houston-Galveston Area Council: Sales on these multiple nation-wide contracts have gross sales, of on average, approximately ten-thousand dollars per reporting quarter.

GSA: Sales on this national/world-wide cooperative, of on average, approximately sixmillion dollars per year. *
22 List any GSA contracts that you hold. What
is the annual sales volume for each of these
contracts over the past three years?
Curtis is conducting activities in support of our second twenty-year GSA contract (GSA Contract 47QSWA18D009Y). Sales have averaged in excess of six-million dollars, per year.
*
Table 4: References/Testimonials
Line Item 23. Supply reference information from three customers who are eligible for Sourcewell membership.

Entity Name * Contact Name * Phone Number *
The City of Los Angeles, CA
City of Los Angeles Fire Department
Captain Joe Hill 213-485-6121 *
The County of Los Angeles, CA
Los Angeles County Fire Department
Captain Tim Vanderlip 818-880-4411 *
Salt Lake City Fire Department Deputy Chief Chris Milne 801-319-7910 * Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 625
Table 5: Top Five Government or Education Customers
Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.

Entity Name Entity Type * State /
Province * Scope of Work * Size of Transactions * Dollar Volume Past ThreeYears * Defense
Logistics
Agency (DLA)
Government Pennsylvania -
PA
Provide a wide array of
firefighting equipment, tools, and
PPE, aircraft/crash rescue,
hazardous material response,
emergency medical services,
homeland security, and domestic
preparedness serving a worldwide DoD customer base
Range from a few hundreddollars to a millions-ofdollarsAveraging approximately twenty-million dollars per
years, 2017-2019
*
General
Services
Administration
(GSA)
Government Texas - TX Provide a wide array of products
to include firefighting and rescue
equipment, PPE, law enforcement
and security equipment, special
purpose clothing, and related
equipment and services for a
world-wide federal agency
customer base.

Range from a few
hundred dollars to a few
thousand dollars
Averaging approximately
six-million dollars per year
*
The County of
Los Angeles
Fire
Department
Government California - CA Provide a wide array of products to include Firefighting gear,
Wildland gear, station PPE.
averages around $50,000 average yearly sales
volume totals
approximately $2M
*
The City of
Los Angeles
Fire
Department
Government California - CA Products include firefighting tools, heavy rescue equipment, and
water flow equipment
averages around $50,000 average yearly sales
volume totals
approximately $2.3M
*
Salt Lake City
Fire
Department
Government Utah - UT Provide PPE and sizing services A few hundred to a few thousand dollars
Sales grew from $53.8K
in 2018 to $201.5K in
2019
*
Table 6: Ability to Sell and Deliver Service
Describe your company’s capability to meet the needs of Sourcewell Members across the US, and Canada if applicable.Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (fulltime equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.

Line
Item Question Response *
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 626
25 Sales force. The Curtis Operation Center is the primary resource available to our customers for receiving technical and product support and customer service. Curtis’ Fire & Emergency Services Operation Centers are located in the following locations:

Curtis Walnut Creek Operations Center
Corporate HQ
Special Program Office (Programs and Contracts Management) 185 Lennon Lane, Suite 110
Walnut Creek, California 94598
800.443.3556 Tel
510.839.5325 Fax
Curtis Salt Lake City Operations Center
1635 Gramercy Road
Salt Lake City, Utah 84101
800.426.0509 Tel
801.487.1278 Fax
Curtis Seattle Operations Center
6507 S. 208th Street
Kent, Washington 98032
800.426.6633 Tel
206.622.2723 Fax
Curtis Los Angeles Operations Center
16821 Knott Avenue
La Mirada, CA 90638866.557.0254 Tel
323.780.1484 Fax
Curtis Phoenix Operations Center
4647 South 33rd Street
Phoenix, AZ 85040
877.453.3911 Tel
602.453.3910 Fax
Curtis Customer Service will support the Sourcewell Program in several critical areas of sales support who provide face-to-face, in person customer contact for sales and marketing activities; product (technical and sales) information; on-site service activities; and monitoring of customer satisfaction.

Refer to attachment, “Item 25 – Curtis Municipal Area Sales Managers" *
26 Dealer network or other distribution methods. Other than local, regional, national and international shipping companies, Curtis will deploy no additional distribution channel networks.
*
27 Service force. In addition to providing significant pre-sales support and services, Curtis deploys teams to provide significant post-sales support to our customer community:
•    Warehousing & Inventory—logistics management and inventory control specialists who ensure the right parts go to the right customer
•    Marketing Specialists—provides educational information and training on a wide array of PPE industry topics; conducts training classes on products and product maintenance and repair procedures; and, offers seminars on specific products and product families and industry-specific standards, specifications and requirements. Areas of expertise include F&ES training, breathing air compressors, personal protective equipment, self-contained breathing apparatus, respirators, rescue tools and equipment, thermal imaging, hydraulics and water flow, and gas detection. •    Factory-certified Product Technicians—provides in-house and mobile repair and maintenance services; warranty repairs, and annual, or as requested preventative maintenance
•    Personal Protective Equipment and Ensemble Care & Maintenance—Curtis’ whollyowned subsidiary, ECMS, Inc. a five-facility operation, provides inspection, cleaning, and repair services of personal protective equipment to all National Fire Protection Association (NFPA) standards
•    Manufacturer Field and Product Technician Teams-Curtis has access to supplier specialists and technical teams for customer support and education •    CurtisCARE—Curtis provides our customers with training and on-boarding support, inspection, repair and maintenance services for PPE, Rescue Tools, SCBA, Compressors, Small Engine Repair, and other related products. *
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 627
28 Describe in detail the process and
procedure of your customer service
program, if applicable.  Include your
response-time capabilities and
commitments, as well as any incentives that
help your providers meet your stated
service goals or promises.

Although customer and technical support is available between the hours of 7:00am and 5:00pm, local time, Monday through Friday at each of our Customer Service Operation Centers, Curtis understands that “normal office hours” has lost all real meaning in the global marketplace.

Serving a world-wide customer community spanning all time zones, Curtis’ customers contact a company representative in any of several ways, twenty-four hours a day, seven days a week, and three-hundred, sixty-five days a year (24/7/365) to discuss order placement, order tracking, problem resolution, and the myriad of other topics that will arise throughout the term of a business relationship.

Curtis’ customers contact company customer sales, service, and technical representatives via telephone, cell phone, email, or facsimile using the contact information listed on our web-site and also included in this section.

It is a standard operating procedure that all outside sales representatives and management provide office, cell phone numbers, and email addresses to the company’s customers. This enables Curtis’ customers to contact the company’s sales force directly for sales and service requests 24/7/365.

Additionally, using toll-free numbers during “outside-of-normal” business hours or on national holidays, CURTIS representatives are contacted directly or via message service 24/7/365 in order to immediately respond to emergency or non-emergency situations. CURTIS’ representatives will respond to all customer inquiries within 4 hours between the hours of 7am-5pm (local) Monday through Friday or within 24 hours during non-duty hours or national holidays.
*
29 Identify any geographic areas of the United
States or Canada that you will NOT be fully
serving through the proposed contract.

All products included in this Curtis proposal are available to the membership located in the thirteen Western States of Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Washington, Oregon, Nevada, California, Alaska, Hawaii, and other states as may be acceptable to our manufacturing partners, without limitations.

Curtis will, with manufacturer approval on a case-by-case basis, provide products to members, nation-wide.
*
30 Identify any Sourcewell Member sectors
(i.e., government, education, not-for-profit)
that you will NOT be fully serving through
the proposed contract. Explain in detail. For
example, does your company have only a
regional presence, or do other cooperative
purchasing contracts limit your ability to
promote another contract?
As previously discussed in #29, all products included in Curtis’ proposal are available to the membership located in the thirteen Western States of Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Washington, Oregon, Nevada, California, Alaska, Hawaii, and other states as may be acceptable to our manufacturing partners, without limitations.

Curtis will, with manufacturer approval on a case-by-case basis, provide products to members, nation-wide.
*
31 Define any specific contract requirements or
restrictions that would apply to our
Members in Hawaii and Alaska and in US
Territories.

Curtis price quotes for Hawaiian and Alaskan inquiries will be FOB: Destination that will be calculated using the following formula:

List Price less the Brand Discount plus an (estimated) Freight Charge.

Curtis will estimate freight by using the UPS freight calculator listed at UPS Freight Calculator (https://wwwapps.ups.com/fctc/timeandcost?
loc=en_US&ActionOriginPair=SeamlessExperience_StartSession&FREIGHT_TYPE=LTL) or other calculators made publicly available by other shipping companies. Curtis will always seek best value for our customers.

Curtis will provide a quote to all other states in the contiguous 48 plus Alaska requesting to “piggy-back” on any resulting contract between Curtis and the member.

Curtis quoted prices for shipments to the continental USA will be FOB: Origin, freight added and will be calculated using the following formula:

List price less the brand discount plus an estimated freight charge.

The customer invoice will include actual freight charges as a separate line item.

Note: For those customers requiring a delivered price when the quote is prepared, Curtis will follow the same procedure by utilizing available freight calculators to determine freight costs.
*
Table 7: Marketing Plan
Line
Item Question Response *
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 628
32 Describe your marketing strategy for
promoting this contract opportunity.

Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.

Curtis’ sales teams will target the areas with greatest population densities because population densities typically correlate directly with the number of serving firefighters.

However, our outside sales and customer service representative teams will also target ALL potential agency participants within the western 13 states as agency near-term procurement plans are identified.

Specifically, immediately after contract award, our marketing department will announce the award on our web-site and other on-line public forums in which we participate with our customers.

Additionally, Curtis’ marketing department will prepare marketing collateral for distribution by our sales teams and through e-blast notifications to targeted customers (customers with nearterm, open requirements). This collateral will explain the cooperative purchasing opportunity that is available to our customers through the new contract, and how, using this new contract the public agency may purchase a wide variety of products and services while saving time, man-power, and money.

We also offer a commitment to support Sourcewell in marketing campaigns and industry conferences to advertise the cooperative purchasing opportunities made available to the membership and to potential new members via the new contract.

Please refer to attached example of a previous Curtis Marketing Plan that was customized to address a specific served-market segment, "Item 32 - Curtis Rescue Tool Marketing Plan."
*
33 Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.

Curtis recognizes the importance of utilizing technology and digital data to drive marketing effectiveness. Multiple, robust cross-digital marketing programs are already in place and being developed on a regular basis to support Curtis sales initiatives, brand awareness, and product promotion.

Metadata is reviewed to determine potential changes and alternate means to increase the reach and effectiveness of the marketing message in alignment with the program goals.

A showcase of Curtis abilities is a cross-digital program in-place to support the Curtis sales initiative of promoting the MSA G1 SCBA which includes:
•    LNCurtis.com Homepage – Main Product Merchandising Space •    LNCurtis.com Homepage – Call to Action Banner for Lead Generation •    LNCurtis.com – Call to Action Pop-up Modal for Lead Generation •    MSA G1 SCBA Landing Page (https://www.lncurtis.com/msa-g1-scba) •    MSA G1 SCBA Product Detail Page (https://www.lncurtis.com/MSA-G1-SCBA-4500-psigOperating-System_2) •    Social Media Posts and Ads
•    Email Marketing
•    Industry Website Ads
•    Search Engine Ads
•    Search Engine Optimization includes, among other parameters o    Keyword Campaigns
o    Metadata
o    Rich Content
o    Backlinking
A recent success story is the increase in leads for the Curtis Technical Services team for SCBA cylinder hydro testing.

Creating a search engine keyword ad campaign with metadata focus has driven a substantial increase in visits to the Curtis hydro-test landing page:
https://www.lncurtis.com/hydro-testing.

Curtis practices continual improvement and as this hydro test digital program has evolved, we’ve made adjustments to the ad campaign and identified landing page improvements— some updates already completed and some in-process.
*
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 629
34 In your view, what is Sourcewell’s role
in promoting contracts arising out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
As previously discussed, marketing collateral will be provided to the Curtis Sales Teams during a contract kick-off (K/O) meeting. New contract Kick-Off meetings [virtual or physical presence] are standard operating procedures.

Sourcewell Personnel are encouraged to attend these K/O meetings whenever possible to establish relationships with Curtis personnel and to make sure all necessary information is exchanged.

Subjects covered during Curtis’ K/O meetings include program / contract introduction and overview; brands, prices and discounts offered; rules of engagement (contract terms and conditions); procedures for quotes, order entry and post-sales support; and, any other program-specific information that will help the sales force gain understanding of and motivation to exploit the opportunities afforded by the new contract.

In our view, Sourcewell can play as large or as small a part as the COOP may desire.

Curtis is well versed in conducting successful sales and marketing campaigns and fully expect to “hit the ground" prepared, running, and successful. *
35 Are your products or services
available through an e-procurement
ordering process? If so, describe your
e-procurement system and how
governmental and educational
customers have used it.

Curtis’ eCommerce Storefront and eCommerce Catalog allows customers to connect to Curtis’ system in real time using the Internet to search Curtis’ product catalog, place orders, check the status of orders, check product pricing and availability, and review account information.

Curtis’ electronic order entry system provides customers with 24-hour service, support, and sales. The company’s eCommerce storefront is a fully integrated, multi-channel sales and customer self-service portal solution that offers Curtis’ trading partners and customers the ability to place orders. Some of the features of Curtis’ eCommerce Storefront include:
•    Quick and secure customer access
•    Real-time order entry system
•    Email order confirmation
A portion of Curtis’ commercial catalog is included in our eCommerce Storefront, in a searchable online format with links to images, documents, and products. Curtis’ eCommerce Catalog provides customers with the latest product information, pricing, and availability on a World Wide Web storefront.

Additional features of Curtis’ eCommerce Catalog include:
•    An attribute-based system, used to search for products •    Additional fields of information for searching
•    Unlimited links from the catalog records to images, specification documents, and page references
As the state of the art of the ITS for this contract evolves, Curtis stands ready to adapt to any IT-related updates as may be required to accommodate the needs of the Sourcewell membership.

Curtis has on-line ordering systems (OLOS) that have been customized (product catalogs and pricing) to address as-contracted requirements from several public agencies. These secure on-line ordering systems enable authorized users to log-in and purchase ascontracted products, at as-contracted prices. These OLOS are available 24/7/365 to authorized end users.
*
Table 8: Value-Added Attributes
Line
Item Question Response *
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 630
36 Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell Members. Include
details, such as whether training is
standard or optional, who provides
training, and any costs that apply.

It’s not JUST about products!
Curtis' CurtisCARE Program offers members with significant opportunities to receive presales and post-delivery training and other related product support. Curtis' post-delivery services are usually provided as a part of a purchase order coupled with a statement of work (SOW) that Curtis receives from the customer. Curtis often works with the customer to define and develop an appropriate SOW. Often, Curtis provides customer training in equipment use; inspection, repair, maintenance; and, safety during deployment at no cost to the member. A sampling of available value-added training, available through our CurtisCARE program, includes:
•    Complete Personal Protective Equipment (PPE) product education and training, maintenance, repair and cleaning services
•    Complete Self-Contained Breathing Apparatus (SCBA) product education, training, fittesting, and maintenance services. •    Complete gas detection product education, training, and maintenance services •    Complete rescue tool product education, training, and maintenance services •    Complete breathing air compressor product education, training and maintenance services •    Complete Firefighting training towers and buildings, and Firefighting training prop product education, training, and maintenance service
CurtisCARE is provided by Curtis’ product and service specialists, including service technicians, PPE education and training specialists, rescue tool education and training specialists, and several product demonstration vehicles that routinely visit customer sites.

An integral part of Curtis’ product education and training involves our outside sales representatives. These professionals provide product education, training seminars, and handson demonstration. Additionally, Curtis’ suppliers are a valuable and valued asset for product and service training programs.
*
37 Describe any technological
advances that your proposed
products or services offer.

Curtis provides local sales and service representatives, and product specialists for PPE, Rescue, and Breathing Air Systems. Additionally, manufacturers’ representatives and technicians are available to support Curtis’ product support and customer service activities.

All products are state-of-the-art, using the latest technology available for the market. *
38 Describe any “green” initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.

None
*
39 Identify any third-party issued ecolabels, ratings or certifications that your company has received for the
equipment or products included in
your Proposal related to energy
efficiency or conservation, life-cycle
design (cradle-to-cradle), or other
green/sustainability factors.

None
*
40 Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document upload
section of your response.

As a very competitive small business that successfully competes against larger companies, Curtis is intimately aware that small businesses can often provide faster, more efficient and satisfactory customer-focused support than what is typical of large organizations.

Therefore, it is Curtis policy to develop and utilize to the greatest extent possible, suppliers of quality product and services provided by historically underutilized businesses.

Small Business, Small Disadvantaged Business, Women-Owned Small Business, ServiceDisabled Veteran-Owned Small Business, Veteran-Owned Small Business, Minority-Owned Small Business, and HUBZone Businesses account for an increasing segment of Curtis suppliers. Curtis’ goal is to develop and more fully utilize these businesses as suppliers and business partners.

Curtis views the programs such as the up-coming Sourcewell Firefighting PPE Program as a platform with which to provide new opportunities to underutilized businesses.

However, given the critical life-support functions performed by a majority of the manufacturers in Curtis’ proposed product catalog, the ability to source THE BEST and MOST RELIABLE products must take precedence over any concerns about business entity-type. *
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 631
41 What unique attributes does your
company, your products, or your
services offer to Sourcewell
Members? What makes your
proposed solutions unique in your
industry as it applies to Sourcewell
members?
Curtis has conducted over ninety years of successful business focusing on supporting the fire, rescue, & emergency response industries. Curtis provides our customers with exceptional products, customer service, and product support covering an extremely broad-based product catalog.

Curtis’ Customer Service Operations are located in Seattle, WA, Salt Lake City, UT, Walnut Creek, CA, La Mirada (Los Angeles), CA, and Phoenix, AZ. A brand new consolidated stateof-the-art warehousing facility, providing Curtis customers with a complete suite of Integrated Logistics Services, is located in Salt Lake City, UT.

Curtis is fully qualified to provide superior service to Sourcewell members. In addition to our many large contracts with city and state agencies, Curtis continues to perform on three programs that have honed our capabilities to manage and serve major accounts with a complex array of product & service offerings.

Curtis has a contract with the General Services Administration (GSA contract 47QSWA18D009Y). Curtis services over a thousand customers a year who purchase from our GSA product catalog.

Additionally, Curtis is a contractor to the Defense Logistics Agency (DLA) Troop Support under the provisions of a prime contract supporting the United States Defense Department’s Fire and Emergency Services Tailored Logistics Support Program and the United States Fire Service (DLA contracts SPE8EH-19-D-0015) supporting agencies of the United Sates Federal Government located world-wide.

A great source of corporate pride and import, Curtis held achieved great success while supporting the members of other COOPS. Since the launch of these COOP-type contracts, the Company has experienced significant increase in customer acceptance of this “piggyback” contract mechanism and a related year-to-year growth in sales.

Curtis’ Corporate Mission (why we do what we do):
“L.N. Curtis & sons provides critical products and services that enable our nation’s first responders to accomplish their missions so that they are able to return safely home.” Curtis’ proposal to Sourcewell has been prepared to ensure full compliance to solicitation requirements. We have assembled a team from our stable of excellent manufacturers to form a robust compilation of products are required to support firefighting and rescue operations.

The purpose of our proposal is to provide an array of the most common products used by today’s Fire Service.

Curtis’ offer includes one or more brands for each of the following product categories:
•    1.a.i. Firefighter Protective Clothing (30 brands) •    1.a.ii. Station-Wear (7 brands)
•    1.a.iii. Helmets (2 brands)
•    1.a.iv. SCBA (2 brands)
•    1.a.v. Related Equipment (7 brands)
•    1.b. Breathing Air Compressor Systems (1 brand)
•    1.d. PPE-related Services (7 services)
*
42 Identify your ability and willingness
to provide your products and
services to Sourcewell member
agencies in Canada.

Curtis will not be providing products or services to membership located in Canada. *
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.

Line
Item Question Response *
43 Do your warranties cover all products, parts, and
labor?
Curtis provides the manufacturers’ warranties for all proposed supplies.

Additionally, Curtis will offer any extended warranties if available, at additional costs.

The warranties provided under Curtis’ proposed program will be the same as offered to the public and will include products, parts and labor (standard commercial practice).

Please refer to attachment, "Item 43 - Curtis Terms & Conditions of Sales" *
44 Do your warranties impose usage restrictions or
other limitations that adversely affect coverage?
No *
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 632
45 Do your warranties cover the expense of
technicians’ travel time and mileage to perform
warranty repairs?
Yes, where stated as part of the Manufacturer’s standard warranty. *
46 Are there any geographic regions of the United
States (and Canada, if applicable) for which you
cannot provide a certified technician to perform
warranty repairs?  How will Sourcewell Members in
these regions be provided service for warranty
repair?
All products and product support to perform warranty servicing included in this Curtis proposal are available to membership located in the thirteen Western States of Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Washington, Oregon, Nevada, California, Alaska, and Hawaii without limitations.

When warranty support is required outside the 13 western states, Curtis will coordinate warranty servicing and support directly with the manufacturer to ensure warranty commitments are quickly met.
*
47 Will you cover warranty service for items made by
other manufacturers that are part of your proposal,
or are these warranties issues typically passed on
to the original equipment manufacturer?
We take responsibility for what we sell. Curtis offers warranty service for all brands and models that we sell and that are included in this proposal. * 48 What are your proposed exchange and return
programs and policies?
Curtis strives to maintain the highest level of customer service. In accordance Curtis will re-fund or exchange your purchase within the following guidelines:

Product must be returned in new, unused condition within 30 days of receipt.

Any product you desire to return after that date is subject to review by Curtis, and may be non-returnable.

Product that has been used, damaged, or not purchased through LNCurtis.com or CurtisBlueLine.com or from a Curtis location will not be refunded.

Product that has been altered by engraving, stamping, marking, stenciling, etc., is not eligible for return.

Clearance or Used product is also non-returnable. Custom, special order product and/or non-stock product may be returned only if acceptable to our vendor. A re-stocking and handling fee, as determined by our vendor and transportation costs to return to our vendor will be charged.

Return your product(s) by following these steps:

1. Contact Customer Service at 877.488.0469 or
[email protected] to re-quest a return or exchange.

2. A Return Authorization (RA) will be issued to you and is required to be included with the return of any product.

3. Return your product by bringing it into or shipping to the Curtis location specified on the RA.

4. When shipping to a Curtis location, carefully pack the product in order to avoid damage during shipment. Product that arrives in damaged condition is not eligible for return credit and will be shipped back to you.

5. Return the product prepaid to the address specified on the RA. Make sure you include a copy of the RA with the product being returned. We recommend that you keep a copy of the RA and the receipt for the return shipment from the shipping service you use. Curtis does not take title to returned product until received by Curtis at our return location in undamaged condition. We will only consider a refund for product that arrives at our facility in undamaged new and unused condition.

Curtis reserves the right to reject any and all product returns. All returns are subject to re-view upon our receipt of the product and inspection. Product received in condition other than originally shipped may be rejected and shipped back to you.

You may request an exchange, a credit on your account or a refund if the product has already been paid for and funds received by us. All refunds are issued using the original payment method and may take up to ten (10) business days for the refund process to complete.
*
49 Describe any service contract options for the items
included in your proposal.

Curtis offers service and repair based upon manufacturers’ recommendations and customer requirements. Pricing is typically based upon the specific requirements for each service or repair action.
*
Table 10: Payment Terms and Financing Options
Line
Item Question Response *
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 633
50 What are your payment terms (e.g., net 10, net 30)? Net 30 * 51 Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions?
Curtis offers customized leasing plans both through third-parties and internally. *
52 Describe your formal trade-in program or policy for the products or equipment offered in your proposal, if any.

Upload trade-in program materials (if applicable) in the document upload section of your response.

Curtis may offer trade-in programs for various equipment. The offer is custom designed for each customer determined on a case-by-case basis.
*
53 Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template.

For example, indicate whether your dealer network is
included in your response and whether each dealer (or
some other entity) will process the Sourcewell Members’ purchase orders.

Curtis Procedures for Processing Orders
Curtis has developed straight forward procedures for order processing. Our order handling procedures are consistently applied to process routine, urgent, and emergency orders, product returns, and discrepant orders. Order processing is fully integrated into our automated distribution software platform (Oracle-NetSuite). This electronic system provides our sales, marketing, purchasing, accounting, and management with real time order status, while tracking inventory and shipping status.

ORDERS
Delivery order is considered issued upon receipt of order by mail, telephone, or facsimile, email, or on-line.

ORDER PROCESSING
After an order is received, Curtis uses a simple and consistent series of procedures for processing customer orders. The sourcing determination, made by the Customer Service Manager during the customer purchase order review process, is the primary factor made to determine the specific path to be taken by our staff while processing each individual order (e.g., ship from a Curtis warehouse; ship direct from the manufacturer; consolidate at a Curtis warehouse [bills-of-material orders]).

ORDER SCHEDULING & DELIVERY
Order scheduling at Curtis is based upon one of two customer requirements. Curtis’ typical commercial customer requests product delivery per product availability as specified by the supplier. Or, the customer specifies a required delivery date. Curtis accommodates both scheduling requirements efficiently and effectively using our distribution software and consistent status reviews of all active orders.

ORDER CONFIRMATION
Customer orders are confirmed by Curtis after the Customer Service Manager has reviewed the customer purchase order (customer information, product and quantity requirements, pricing and availability, and the existence of any special requirements from the customer) and entered the order into our enterprise resource planning platform (Oracle-NetSuite).

NOT-IN-STOCK CONDITIONS
Curtis processes not-in-stock product orders by determining lead times necessary to complete the order, contacting the ordering activity, and advising current lead time of product. At customer preference, Curtis offers alternative in-stock substitute products of equal or higher quality and at equal value for customer consideration.

PARTIAL DELIVERY / BACK ORDER PROCEDURES
Curtis strives to ship the entire order complete and on time.

However, if Curtis is in a low stock position on a particular product and the customer will accept a substitute item and accept a partial delivery, the order will be processed during Curtis’ pre-order set-up to ensure that all items possible will be shipped either direct from our supplier or from one of the Curtis warehouses in order to provide the level of service our customer requests.

Back-orders are tracked via the Company’s ERP system and reports generated showing “non-fills” until the order is shipped complete.

Partial deliveries and back orders status are provided to the *
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 634
customer on a regular basis until the order is filled.

ORDER BILLING
Curtis will submit invoices only after receiving assurances that our customer’s requirements have been met. Once the order has been shipped complete and all required activities specified within the order have been accomplished, Curtis will submit invoices as required by the order.

PAYMENT FOR GOODS RECEIVED
Curtis extends payment terms of net thirty (30) days from date of invoice.
54 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell Members for using this process?
Curtis accepts credit cards purchases while adding no processing fees. *
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.

Line
Item Question Response *
55 Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal.

Upload your pricing materials (if applicable) in the document upload section of your response.

The Pricing Offered in this Proposal is detailed in the attachment, “Item 63 - Curtis Price Offering.”
Curtis’ proposed pricing model is based upon a set discount off list price, by brand or in certain cases when a brand offers several models, by model. The pricing model is applicable to the brand’s entire published catalog, as identified in item 63, Table 12. *
56 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range.

Curtis’ proposed program is based upon offering, by brand, a fixed percentage (%) discount off the manufacturers’ Suggested (List) Price.

The list prices are defined within the current Price List/Product Catalog of each of the Company’s Manufacturer (Brand)-Partners (refer to item 63, Table 12).
*
57 Describe any quantity or volume discounts or rebate
programs that you offer.

Curtis will offer customers deeper discounts than proposed, depending on volume, product specifications, and market conditions. *
58 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open market” items or “nonstandard options”. For example, you may
supply such items “at cost” or “at cost plus a percentage,” or you may supply a quote for each such request.

When a customer requests a quote containing both on-contract and open market products or services, Curtis will offer the customer the following:

On-Contract Products & Services: Price will be the list price less ascontracted discount for the brand/model, plus freight.

Open Market Products & Services: Curtis will supply the customer with a quote consistent with the price offered our Most Favored Customer, plus freight.
*
59 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response.

This includes all additional charges associated with a
purchase that are not directly identified as freight or shipping charges. For example, list costs for items like predelivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.

Curtis adds no additional costs to member prices, unless the customer requests open market products or services that relate to the on-contract item but that are not on contract.
*
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 635
60 If freight, delivery, or shipping is an additional cost to the Sourcewell Member, describe in detail the complete freight, shipping, and delivery program.

Shipments to customers located in the continental 48 sates: FOB:

Origin, freight added, or as otherwise required by the customer Shipments to customers located in Alaska and Hawaii: FOB:

Destination
Curtis price quotes for Hawaiian an Alaskan inquiries will include a shipping estimate that will be calculated using the following formula:

List Price less the Brand Discount plus an (estimated) Freight Charge.

Curtis will estimate freight by using the UPS freight calculator listed at UPS Freight Calculator (https://wwwapps.ups.com/fctc/timeandcost? loc=en_US&ActionOriginPair=SeamlessExperience_StartSession&FREIG HT_TYPE=LTL) or other calculators made publicly available by other shipping companies. Curtis will always seek best value for our customers.

The customer invoice will include actual freight charges as a separate line item. Note: For those customers who require a delivered price when the quote is prepared, Curtis will follow the same procedure by utilizing available freight calculators to determine quoted freight costs.
*
61 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any
offshore delivery.

As discussed in #60, Curtis price quotes for Hawaiian and Alaskan inquiries will be FOB: Destination, with estimated shipping charges calculated using the following formula:

List price less the Brand Discount plus an (estimated) Freight Charge.

Curtis will estimate freight by using the UPS freight calculator listed at UPS Freight Calculator (https://wwwapps.ups.com/fctc/timeandcost? loc=en_US&ActionOriginPair=SeamlessExperience_StartSession&FREIG HT_TYPE=LTL) or other calculators made publicly available by other shipping companies.

Curtis will always seek best value for our customers.

The customer invoice will include actual freight charges as a separate line item.
*
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 636
62 Describe any unique distribution and/or delivery methods or options offered in your proposal.

Curtis offers our customers an integrated approach to logistics supply support that encompasses all management actions, procedures, and techniques used to determine requirements to:
•    Acquire support items and spare parts
•    Catalog the items
•    Receive the items
•    Store and warehouse the items
•    Transfer the items to where they are needed
•    Issue the items
•    Dispose of secondary items
•    Provide for initial support of the system
•    Acquire, distribute, and replenish inventory
•    And, provide value-added resources by combining
Commodity Management with our Logistics and Kitting services for complete “end-to-end” customer support
Logistics Solutions
CURTIS offers complete transportation and logistics management services. By contracting and managing a network of national, regional and local carriers we can offer a complete package of freight handling services – the integrated logistics solution you require to increase efficiency and lower costs. Additional transportation services we are able to provide include:
•    Expedited
•    Port and Rail Drayage
•    Intermodal
•    International (Ocean Freight/Air Freight)
•    Less-than-truckload
•    Specialized Equipment – temperature controlled, HAZMAT, etc. •    Freight Forwarding
Kitting Solutions
When end users are required to combine multiple products into new product kits, our kitting services can help. We have experience breaking down bulk materials and products, unitizing and creating multi-packs, even custom-made kits with bar-code or RFID labeling.

Our product kitting and assembly services allow customers to:
•    Reduce inventory
•    Respond quickly and economically to changing demand for custom packs
•    Fulfill individual custom orders
•    Fulfillment capabilities help you manage inventory throughout the kitting cycle, from individual components to creation of new SKUs. •    Our team maps efficient kitting processes and builds in quality checks to ensure the accuracy of final kits.
•    Our labor solutions help you economically manage activity spikes and meet last-minute requests.
*
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 637
Table 12: Pricing Offered
Line
Item The Pricing Offered in this Proposal is: * Comments 63 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.

Curtis’ proposed program
includes prices to be
considered ceiling prices. To
be clear, ceiling prices are
the highest prices that will be
offered. Curtis anticipates that
the membership will be
offered products contained in
this offer at prices reflecting
deeper discounts (lower
prices) than those proposed
within the pricing schedule.

It is anticipated that market
forces such as competition
and the nature of specific
sales actions (e.g., volume
purchases, repeat customers)
will lead to additional
discounts being offered by
Curtis to the membership.

The Pricing Offered in this
Proposal is detailed in the
attachment, “Item 63 - Curtis
Price Offering.”
Curtis anticipates that future
requests will be submitted to
the Sourcewell to add
products reflecting future
product enhancements made
by industry or requests for
products made by members.

Table 13: Audit and Administrative Fee
Line
Item Question Response *
64 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell.

Curtis will employ the same control processes that have been successfully employed by Curtis for over twenty-years to monitor and control every sale made on our GSA contract.

Additionally, tracking and reporting requirements are included in Curtis’ Prime Contracts on the Defense Logistics Agency’s Fire & Emergency Tailored Logistics Support Program and the United States Air Force’s PPE Program).

After multiple audits on these major programs, Curtis
maintains exception operational and reporting performance scores, with no deficiencies noted.
*
65 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract.  This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See the RFP and template Contract for additional details.)
Curtis proposes to pay Sourcewell a 1% administrative fee of total net revenues (gross sales, less product returns), on a quarterly basis.
*
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 638
Table 14: Industry Specific Questions
Line
Item Question Response *
66 If you are awarded a contract, provide a
few examples of internal metrics that will
be tracked to measure whether you are
having success with the contract.

Perour standardoperating procedures, CurtistracksKeyPerformanceIndicators (KPIs) to make sure our business is tracking per plan.

KPI-related data is extracted from our Enterprise Resource Planning platform, OracleNetSuite. Oracle-NetSuite, a cloud ERP solution that automates front and back-office processes enable the Company to track all critical business functions including financial management, revenue management, fixed assets, order entry/management/tracking, billing, and inventory management.

Oracle-NetSuite enables Curtis management to generate real-time performance and status reports (e.g., sales (orders and frequency) fill rates vendor performance returns due to improper shipments and defective items and back-orders). *
UsingOracle-NetSuite, Curtis tracksperformanceof all orders, awards, contracts, and programs, including, should Curtis be honored with a contract, the Company's performance in support ofSourcewell.
67 Describe the unique design and feature
attributes of the products and/or equipment
offered in your proposal.

As the largest stocking distributor of firefighting equipment in the West and one of the largest distributors of firefighting equipment and services in America, Curtis is offering the premium brand of products in the defined categories along with on-site product support and customer service. *
In addition to products being offered at best pricing, Curtis offers the membership a full suite of Integrated Logistics Support and Services product specialists who are trained and certified by manufacturers to provide deployment support and, product training in use, care, maintenance and repair, and safety. 68 Describe available options for
customization of the products and/or
equipment offered in your proposal.

Typically, PPE are highly customized products, based on the requirements of each department, and sometimes, each firefighter.

Curtis' Sales andProduct Support teams provide the market with pre-sales product training and education to help define the best materials and optimal design requirements required to meet each department's unique Risk Assessment. *
69 Explain your processes for sizing, fitting,
and the alteration of the products and/or
equipment offered in your proposal, as
applicable.

Curtis' Sales and Product Support Teams provide on-site sizing, when required, for PPE orders at no additional charge. Sizing is accomplished using actual sizing sets.

Each firefighter dons sizing samples until a proper fit is identified. * Additionally, ECMS (a Curtis wholly-owned subsidiary) provides NFPA 1851-compliant PPE inspection, repair and cleaning services. ECMS is included in this Curtis proposal.
70 If you provide on-site or in-person sales,
service, training, and/or support, explain
how those activities are handled and the
unique attributes of your process.

All on-site services are coordinated andmutually agreed upon with appropriate agency personnel prior any work performed. *
71 Describe your compliance with applicable
national standards for the products and/or
equipment offered in your proposal, such
as: National Fire Protection Association
(NFPA), Occupational Safety and Health
Administration (OSHA), and American
National Standards Institute (ANSI).

All products included in this Curtis proposal comply to the related and associated national standards and industry segment requirements, including NFPA, USFS/NFES, ANSI, ASTM, and 29 Code of Federal Regulations (CFR) 1910 (OSHA). *
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.

Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 639
Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” Financial Strength and Stability - Item 10 - Curtis Financials.pdf - Tuesday March 24, 2020 23:17:46 Marketing Plan/Samples - Item 32 - Curtis Rescue Tools Marketing Plan.doc - Tuesday March 24, 2020 23:54:21 WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information - Item 43 - Curtis Terms & Conditions of Sales.pdf - Wednesday March 25, 2020 00:16:43 Pricing - SourceWell RFP 032620 Firefighting PPE Product Catalog - Curtis.xlsx - Wednesday March 25, 2020 14:09:13 Additional Document - Item 25 - Curtis Municipal Area Sales Managers.pdf - Wednesday March 25, 2020 15:33:51 Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 640
Proposers Assurance of Comp

PROPOSER ASSURANCE OF COMPLIANCE
PROPOSER’S AFFIDAVIT
The undersigned, authorized representative of the entity submitting the foregoing proposal (the “Proposer”), swears that the following statements are true to the best of his or her knowledge.

1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to Sourcewell member agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this RFP and any resulting Contract.

2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of Sourcewell, or any person, firm, or corporation under contract with Sourcewell, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP; and, the Proposer has not participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named solicitation.

3. The contents of the Proposer's proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or agent of the Proposer and will not be communicated to any such persons prior to the official opening of the proposals.

4. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted and included with the Proposer’s Proposal.

5. The Proposer will, if awarded a Contract, provide to Sourcewell Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation.

6. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.

7. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.

8. The Proposer understands that Sourcewell will reject RFP proposals that are marked “confidential” (or “nonpublic,” etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a “trade secret,” and thus nonpublic data under Minnesota’s Data Practices Act.

The Proposer understands that it is the Proposer’s duty to protect information that it considers nonpublic, and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to uphold such a data designation.

By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Nick Lawrence, Director, Special Programs, L.N. Curtis & sons The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.

Yes No
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 641
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.

Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.

File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
Addendum_7_Firefighting_Pers_Protect_Eqpt_RFP032620
Thu March 19 2020 10:31 AM
2 Addendum_6_Firefighting_Pers_Protect_Eqpt_RFP032620
Fri March 13 2020 02:36 PM
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Addendum_5_Firefighting_Pers_Protect_Eqpt_RFP032620
Wed March 4 2020 05:07 PM
1 Addendum_4_Firefighting_Pers_Protect_Eqpt_RFP032620
Thu February 27 2020 03:55 PM
2 Addendum_3_Firefighting_Pers_Protect_Eqpt_RFP032620
Mon February 10 2020 06:01 PM
1 Addendum_2_Firefighting_Pers_Protect_Eqpt_RFP032620
Thu January 30 2020 05:45 PM
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Addendum_1_Firefighting_Pers_Protect_Eqpt_RFP032620
Mon January 27 2020 09:48 AM
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Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F29E8256-9191-451C-AFC6-8F089A10483A 642
Ph: 323-780-0254
TF: 866-557-0254
Fax: 714-522-5001
[email protected]
UEI#: DDLSADSWN7U7
Pacific South Division
16821 Knott Avenue
La Mirada, CA 90638
www.LNCurtis.com
Quotation No. 226625