AVAILABLE FOR REVIEW 72 HOURS
PRIOR TO THE CITY COUNCIL MEETING
AT THE SANGER LIBRARY, CITY CLERK’S
OFFICE AND THE SANGER CITY HALL
LOBBY.
AGENDA
SANGER CITY COUNCIL REGULAR MEETING
THURSDAY, MARCH 6, 2025
6:00 PM
COUNCIL CHAMBER
1700 7TH Street, Sanger, California 93657
Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well.
The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.
Conflicts of Interest. Council Members are required to disclose conflicts of interests and recuse themselves.
Prior to action by the Council on any item on this agenda, the public may comment on that item.
A. CALL TO ORDER
B. OPENING CEREMONIES
Invocation
Flag Salute
Roll Call
C. AGENDA APPROV AL, ADDITIONS AND/OR DELETIONS
D. CEREMONIAL MATTERS
1. Women’s History Month
2. Youth Council Quarterly Report
E. PUBLIC FORUM
(This portion of the meeting is reserved for members of the public who wish to address the Council on any matter not listed on the agenda and within the subject matter jurisdiction of the City Council. Each speaker is limited to three minutes. Speakers shall address all comments to the Mayor and the Council as a body and not to any particular Council Member or member of the staff. Speakers are asked, but not required, to state their name and address. The Council is prohibited by law from taking action on items not on the agenda.)
1 City Council Agenda
March 6, 2025
F. CONSENT CALENDAR
(Matters listed under the consent calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.)
1. SUBJECT: Initiation of Proceedings for the Annexation of Property into Community Facilities District 2005-1, Annexation No. 6, Tract 6431, Phase.
RECOMMENDATION: Tha t the Council Approve:
1. Resolution No. 2025- 15 Adopting a Boundary Map Showing the Territory Proposed for Annexation to CFD No. 2005-1.
2. Resolution No. 2025-16 Declaring the City’s Intention to Annex certain territory into City of Sanger Community Facilities District 2005 -1 (public services) and Setting a Time and Date for a Public Hearing Thereon (Annexation No. 6).
2. SUBJECT: Resolution Initiating Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the Annexation of Property into Sanger Landscaping and Lighting Maintenance District No. 2, Area 1, to Review the Improvements and Assessments for Fiscal Year 2024-2025, and to Set a Public Hearing (Annexation No. 25-01).
RECOMMENDATION: Tha
t the City Council approve Resolution No. 2025-
17 a Resolution Initiating Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the Annexation of Property into Sanger Landscaping and Lighting Maintenance District No. 2, Area 1, to Review the Improvements and Assessments for Fiscal Year 2024-2025, and to Set a Public Hearing for a Future Date.
3. S
UBJECT : Blossom Trail Run Donations.
RECOMMENDATION: To accept the donations given to the City of Sanger for their City’s annual Blossom Trail Run.
4. S UBJECT: Grant Acceptance from State Homeland Security Grant Program Grant.
RECOMMENDATION: That the City Council accepts the grant allocation in the amount of $5211.00 from the FY 2025 State Homeland Security Grant program.
5. S UBJECT : Contract with Bryant L. Jolley, CPA for Professional Auditing Services.
RECOMMENDATION: That the City Council approve consultant services agreement with Bryant L. Jolley, CPA for Professional Auditing Services for the term FY 2023 - FY 2027 and authorize the City Manager to sign the agreement
6. S
UBJECT : Purchase of a PipeHunter Jetter Trailer from Municipal Maintenance Equipment, Inc.
RECOMMENDATION: Sta
ff recommends that the City Council:
1. Approve Cooperative Purchasing Agreement with Municipal Maintenance Equipment, Inc. (MME) for the purchase of a new 5733 Tandem Axle PipeHunter Jetter Trailer; and
2 City Council Agenda
March 6, 2025
2. Autho
rize the City Manager to sign the purchase documents on behalf of the City.
G. DEPARTMENT REPORTS
1. SUBJECT: Receipt of Update on Emergency Repairs at Waste Water Treatment Plant Pursuant to Resolution No. 2025-03.
RECOMMENDATION: Receive Rep ort from City Manager and Determine Need to Continue With Emergency Actions Under Resolution No. 2025-03.
2. SUBJECT: Purchase of Self-Contained Breathing Apparatus Fill Station RECOMMENDATION: That the City Council authorize the purchase of Self- Contained Breathing Apparatuses (SCBA) fill station and related equipment in the amount of $78,466 from Bauer Compressors through a Cooperative Purchasing Agreement with National Purchasing Partners (NPP).
3. SUBJECT: Retail Strategies – Retail Recruitment Professional Services.
RECOMMENDATION: That the City Council approve the Agreement with Retail Strategies for Retail Recruitment and authorize the City Manager to execute the agreement for professional services.
H. CITY MANAGER/STAFF COMMUNIC ATION
I. REPORTS AND MATTERS INITIATED BY CITY COUNCIL MEMBERS (This portion of the meeting is reserved for the Mayor and Council M embers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to initiate new matters and to request updates, and to initiate new agenda items. Under this section, the Council may take action only on any items specifically agendized and which meet other requirements for action.) J. ADJOURNMENT
I certify under the penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 2nd day of March 2025.
Cor ina Tamez, City Clerk/Executive Assistant
3 City Council Agenda
March 6, 2025
ADA COMPLIANCE AND REASONABLE ACCOMMODATIONS POLICY. The Council has adopted a Reasonable Accommodation Policy which is available on the City website at www.ci.sanger.ca.us or upon request by emailing the City Clerk at [email protected]. The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please email the City Clerk or call by phone at (559) 876 -6300 extension 1350 so such aids or services can be arranged. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation.
TRANSLATION SERVICES. Translation services in Spanish will be provided upon request.
NOTICE OF A V AILABILITY OF AGENDA DOCUMENTS . Writings related to the agenda are available at Sanger City Hall, 1700 7 th Street, Sanger, CA 93657 and are posted online at www.ci.sanger.ca.us. Writings provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at Sanger City Hall, 1700 7 th Street, Sanger, CA 93567 and will be posted online at www.ci.sanger.ca.us.
4 Prepared by: Derek Sylvester Approved by: __________________ REVIEW: City Manager: _NCO__ Finance: _______ City Attorney: __HCM__ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION _ X _ Consent
____ Info Item
_ X _ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: March 6, 2025
Agenda Item No.: F-1
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Council Members
From: D erek Sylvester, Senior Planner
Subject: Initiation of Proceedings for the A nnexation of Property into Community Facilities District 2005-1, Annexation No. 6, Tract 6431, Phase 1
Attac
hments:
1. Resolution No. 2025-15 Boundary Map
2. Resolution No. 2025-16 Initiating Proceedings
3. Petition and Waiver from San Joaquin Valley Homes, LLC.
CONFL
ICT OF INTEREST:
None know
n.
RECOM
MENDATION:
That
the Council Approve:
1. Resolution No. 2025-15 Adopting a Boundary Map Showing the Territory Proposed for Annexation to CFD No. 2005-1
2. Resolution No. 2025-16 Declaring the City’s I ntention to A nnex certain territory into C ity of Sanger Community Facilities District 2005-1 (public services) and Setting a Time and Date for a Public Hearing Thereon (Annexation No. 6).
EXECUT
IVE SUMMARY:
The t
wo attached resolution s will initiate the proceedings for the annexation of the development project known as Tract 6 431, Phase 1 (the “Project”) into Community Facilities District (“CFD”) 2005-1. The conditions of approval for the Project require it to annex into CFD 2005-1, which was established as an annexable district to provide funding to offset the increased cost for public safety and open space and parks maintenance created by new development. 5 BACKGROUND:
On July 7, 2005, b y Resolution No. 3758, the City Council established CFD 2005-1, a Mello Roos Community Facilities District with the intention that future development within the City would annex into this District. The special taxes collected from the property owners within the District are collected and used to provide funding to offset the increased cost for public safety and open space /parks maintenance created by new development. Specifically listed as follows:
(a) fire protection and suppression services;
(b) emergency medical services including ambulatory services; (c) community information with regard to public safety; (d) earthquake and other emergency relief programs;
(e) other public safety services, including police protection services, authorized to be funded under Section 53313(a) or (b) of the Act;
(f) park operation and maintenance expenses;
(g) repair and replacement of park facilities;
(h) direct and indirect expenses incurred by the City in carrying out its duties with respect to the District, including the costs incurred by the City and or County in formation of the district, annexation and annual contract administration.
Property owner assessments are paid as a component of the property tax collection process. As was originally envisioned with the establishment of the CFD, future residential projects not included in the initial formation process are required to go through an annexation process in order to be included in CFD 2005-01. Projects may be annexed one at a time, or in a group if they are ready at the same time.
The subdivision known as Tract 6431, Phase 1 makes up Annexation No. 6 and is owned by San Joaquin Valley Homes, LLC. The Project includes the development of 147 single family residential units located at the southeast corner of North and Bethel Avenues. The boundaries of the Project consist of area within assessor’s parcel number s 332-090-27, 332-090- 26, and 332-090-17 as depicted on Attachment A to the Resolution. As with all residential subdivisions, conditions of approval for the subdivision require annexation into CFD 2005-01 prior to recordation of the final subdivision map.
Adoption of the resolution represents the first steps that must be taken in the annexation process and also establishes May 1, 2025 as the public hearing date for the final consideration of the annexation of the property into CFD 2005-1.
REASON FOR RECOMMENDATION:
The CFD 2005-1 assessment is utilized to offset the costs o f public safety and open space and parks maintenance created by new development . As development occurs in Sanger, annexing the property to the CFD will help ensure that the City can continue to provide these services. Annexation is also a necessary component to allow for the development of 147 new single-family residences, as conditioned upon the tentative map.
FISCAL IMPACT:
The 2024/2 5 Fiscal Year CFD 2005-1 assessment for single family residential development is approximately $718.72 per dwelling unit. Based on this figure, the estimated annual revenue that will be received by the City for all 147 units will be $ 105,651.84. Because CFD 2005-1 includes an annual CPI adjustment, this amount will grow over time. The process for annexation is funded by the developer and 6 no General Fund monies are used for this effort.
ALTERNATIVES:
One alternative would be to deny the application and not annex the property into CFD 2005-1. In this case, the Council should also provide direction whether it intends to relieve the Applicant of condition of approval No. G.9 for Tentative Tract Map No. 6431, which requires the annexation in order to approve the Final Map.
ACTIONS FOLLOWING APPROVAL:
Staff anticipates that the City Clerk will file the diagram and assessment with the Fresno County Auditor- Controller concurrently with the recording of the final map. 7 Attachment 1
8 RESOLUTION NO. 2025-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER
ADOPTING A BOUNDARY MAP SHOWING TERRITORY PROPOSED
FOR ANNEXATION TO CITY OF SANGER COMMUNITY FACILITIES DISTRICT NO. 2005-1
WHEREAS, the City Council of the City of Sanger, California (“City Council”) formed a Community Facilities District, designated as Community Facilities District No. 2005-1 (hereafter referred to as “CFD No. 2005- 1”), pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS, the City Council desires to initiate proceedings to annex the territory known as Tract 6431, Phase 1 (“Annexation No. 6) to CFD No. 2005-1; and
WHEREAS, there has been submitted a map attached as Exhibit A showing the territory proposed to be annexed to CFD No. 2005- 1, said area to be designated as Community Facilities District No. 2005-1, Annexation No. 6.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANGER
HEREBY RESOLVES AS FOLLOWS:
Section 1. Recitals. The above recitals are all true and correct.
Section 2. Annexation No. 6 Boundary Map. The map showing Annexation No. 6 to be subject to the levy of a special tax by CFD No. 2005-1 upon the annexation of such territory to CFD No. 2005- 1 is hereby approved and adopted. Such map is designated by the name of “Annexation No. 6 to City of Sanger Community Facilities District No. 2005-1.”
Section 3. Recording. A copy of the Boundary Map shall be filed with the correct and proper endorsements thereon with County Recorder within ten (10) days after adoption of this Resolution.
* * * * * * * * * * * * * * * * *
The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 6
th day of March, 2025, and adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Corina Tamez
City Clerk
9 EXHIBIT A
10 Attachment 2
11 1
RESOLUTION NO. 2025-16
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER
DECLARING THE CITY’S INTENTION TO ANNEX CERTAIN
TERRITORY INTO CITY OF SANGER COMMUNITY FACILITIES
DISTRICT 20 05-1 ( PUBLIC SERVICES) AND SETTING A TIME AND DATE FOR THE PUBLIC HEARING (ANNEXATION NO. 6)
WHEREAS, the City Council of the City of Sanger , California, (hereinafter the “City Council”), at this time desires to authorize the annexation of territory to City of Sanger Community Facilities District No. 2005-1 (“CFD No. 2005-1”) pursuant to the terms and provisions of the “Mello -Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended (the “Act”); and
WHEREAS, CFD No. 2005-1 was formed to finance (i) fire protection and suppression services; (ii) emergency medical services including ambulatory services; (iii) community information with regard to public safety; (iv) earthquake and other emergency relief programs; (v) other public safety services, including police protection services, authorized to be funded under Section 53313(a) or (b) of the Act; (vi) park operation and maintenance expenses; and (vii) repair and replacement of park facilities; i n addition to those provided in or required for the territory within CFD No. 2005-1 and will not be replacing services already available; and WHEREAS, CFD No. 2005-1 was formed pursuant to:
• A Resolution entitled “A Resolution of the City Council of the City of Sanger Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982” (the “Resolution of Intention”), adopted on May 19, 2005,
• A Resolution entitled “A Resolution of the City of Sanger of Formation of City of Sanger Community Facilities District No. 2005-1 (Public Services), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District” (the “Resolution of Formation”), adopted on July 7, 2005; and
• A Resolution entitled “A Resolution of the City of Sanger Calling Special Election Within Community District No. 2005-1 (Public Services),” adopted on July 7, 2005, and an election was held on July 7, 2005 authorizing the levy of special taxes within CFD No. 2005-1 on July 7, 2005, wherein all the landowners within CFD 2005-1 voted in favor of a proposition related thereto; and
WHEREAS, a “Petition (Including Consent and Waiver Requesting Annexation to CFD No. 2005-1” (collectively, the “Petition”) signed by all of the landowners within the proposed territory to be annexed (the “Property”), has been received, filed with and accepted by the City Clerk of the City of Sanger and is attached to the Staff Report regarding this resolution; and 12 2
WHEREAS, a description of the boundaries of the property is included as E xhibit A to this Resolution; and
WHEREAS, the Property is proposed to be annexed to CFD No. 2005-1 and such territory shall be known and designated as “ City of Sanger Community Facilities District No. 2005-1 (Public Services”), Annexation No. 6 “(“Annexation No. 6”); and WHEREAS, this City Council, as legislative body of the CFD No. 2005-1, now desires to proceed to adopt this Resolution of Intention to annex the territory of Annexation No. 6 into CFD No. 2005-1, to specify the services to be financed from the proceeds of the levy of special taxes within Annexation No. 6, to set and specify the special taxes that would be levied within the territory to finance such services, and to set a time and place for a public hearing relating to the annexation of Annexation No. 6 into CFD No. 2005-1; and WHEREAS, a diagram showing the boundaries of Annexation No. 6 proposed to be annexed has been submitted, and a copy of the diagram shall be kept on file with the transcript of these proceedings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sanger as follows:
1. The City Council hereby specifically finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein.
2. The City Council authorizes, resolves and confirms the following:
a. The proceedings for annexing Annexation No. 6 into CFD No. 2005-1 are authorized and initiated by this legislative body pursuant to the authorization of the Act and pursuant to the Petition.
b. The public convenience and necessity require that Annexation No. 6 be added to CFD No. 2005-1 in order to pay the costs and expenses for the authorized additional services generated from new development within the City and this City Council declares its intention to annex Annexation No. 6 to CFD No. 2005-1.
c. A general description of the boundaries of Annexation No. 6 proposed to be annexed is as follows:
All that territory proposed to be annexed to CFD No. 2005-1, as such property is shown on a map designated as “Proposed Boundaries of Annexation Map No. 6 of Community Facilities District No. 2005-1 (Public Services), City of Sanger, Fresno County, California,” attached as Exhibit “A” to this Resolution and hereby incorporated by reference. d. The name of the district is “City of Sanger Community Facilities District No. 2005-1 (Public Services)” and the designation for the territory to be 13 3
annexed shall be “City of Sanger Community Facilities District No. 2005- 1 (Public Services), Annexation No. 6.”
e. The services that are authorized to be financed by CFD No. 2005-1 shall include the City services authorized under Section 53313 of the Act, which include the following services, to the extent those services are in addition to those provided in the territory of CFD No. 2005-1 before CFD No. 2005-1 was created (or, with as to territory which may be annexed to CFD No. 2005-1, before such territory was annexed to CFD No. 2005-1) , with the first priority being fire and emergency medical service, then police and public safety, and finally park maintenance costs, identified more specifically as follows:
PUBLIC SERVICES
(a) fire protection and suppression services;
(b) emergency medical services including ambulatory services; (c) community information with regard to public safety; (d) earthquake and other emergency relief programs;
(e) other public safety services, including police protection services, authorized to be funded under Section 53313(a) or (b) of the Act; (f) park operation and maintenance expenses;
(g) repair and replacement of park facilities;
(h) direct and indirect expenses incurred by the City in carrying out its duties with respect to the District, including the costs incurred by the City and or County in formation of the district, annexation and annual contract administration.
In accordance with Government Code Section 53313 of the Act, the additional services may not supplant services available within the territory when the district was created or annexed.
The same types of services which are authorized to be financed by CFD No. 2005-1 are the types of services to be provided in Annexation No. 6. If, and to the extent possible, such services shall be provided in common within CFD No. 2005- 1 and Annexation No. 6.
f. It is the further intention of this City Council that, except where funds are otherwise available to CFD No. 2005-1 and Annexation No. 6 to pay for services, a special tax sufficient to pay for such services to be provided in CFD No. 2005-1 and Annexation No. 6, and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 6, will be levied annually within the boundaries of such Annexation No. 6. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit “B” (the “Rate and Method of Apportionment”), which sets forth in sufficient detail the 14 4
method of apportionment to allow each landowner or resident within proposed Annexation No. 6 to clearly estimate the maximum amount that such person will have to pay.
The special tax proposed to be levied within Annexation No. 6 for services to be supplied within Annexation No. 6 shall be equal to the special tax levied to pay for the same services in CFD No. 2005-1, to the extent that the actual cost of providing the services in Annexation No. 6 is equivalent to the cost of providing those services in CFD No. 2005-1.
Notwithstanding the foregoing, the special tax may not be levied at a rate that is higher than the maximum special tax authorized to be levied pursuant to the Rate and Method of Apportionment.
The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City as described in the “Special Tax Report for the City of Sanger Community Facilities District No. 2005-1 (Public Services) adopted on July 7, 2005, with respect to CFD No. 2005-
1. The maximum special tax rate in CFD No. 2005-1 shall not be increased as a result of the annexation of Annexation No. 6 to CFD No. 2005-1.
3. The Council set s May 1, 2025 at 6 :00 PM in the regular meeting place of the City Council being the Council Chambers located at 1700 7th Street, Sanger, California 93657, as the public hearing date for the City Council to consider whether the public interest and necessity require the annexation and the levy of the special tax. Pursuant to the Petition, all of the landowners within Annexation No. 6 have waived all applicable notices of the hearing and any time-period for the hearing.
4. The City Clerk is directed to cause notice of the public hearing to be given by publication once in a newspaper of general circulation in the area of the CFD.
5. This resolution is effective upon adoption.
[CERTIFICATION ON NEXT PAGE]
15 5
**********************
The foregoing resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 6th day of March, 2025, and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Corina Tamez, City Clerk
16 Exhibit A
PROPOSED BOUNDARIES OF ANNEXATION MAP NO. 6 OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES),
CITY OF SANGER, FRESNO COUNTY, CALIFORNIA
The Property is situated in the State of California, County of Fresno, City of Sanger, and pending recordation of the final map for Tract 6431, Phase I, is described as follows:
THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER, AND THE
EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, OF SECTION 27, TOWNSHIP 14 SOUTH, RANGE 22 EAST, MOUNT DIABLO BASE
AND MERIDIAN, IN THE CITY OF SANGER,
COUNTY OF FRESNO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 27; THENCE NORTH 0° 26' 04” EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, A DISTANCE OF 1322.89 FEET TOTHE
NORTHWEST CORNER OF THE SOUTH HALF OF LAST SAID NORTHWEST QUARTER;
THENCE SOUTH 89° 57' 03” EAST, ALONG THE NORTH LINE OF THE SOUTH HALF OF LAST SAID NORTHWEST QUARTER, 651.59 FEET, TO THE SOUTHWEST
CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27;
THENCE NORTH 0° 22' 21” EAST, ALONG THE WEST LINE OF SAID EAST HALF, 1323.43 FEET, TO THE NORTHWEST CORNER OF SAID EAST HALF; THENCE NORTH 90° 00' 00” EAST, ALONG THE NORTH LINE OF SAID EAST HALF, 650.17 FEET TO THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 0° 18' 38” WEST, ALONG THE EAST LINE OF SAID EAST HALF, 1159.39 FEET; THENCE NORTH 89° 37' 39” WEST, 316.40 FEET; THENCE SOUTH 0° 22' 21” WEST, 98.00 FEET; THENCE SOUTH 44° 37' 39” EAST,
14.14 FEET; THENCE SOUTH 0° 22' 21” WEST, 56.00 FEET;
THENCE SOUTH 45° 22' 21” WEST, 14.14 FEET; THENCE NORTH 89° 37' 39” WEST, 56.00 FEET; THENCE NORTH 44° 37' 39” WEST, 14.14 FEET; THENCE NORTH 89° 37' 39” WEST, 98.00 FEET; THENCE SOUTH 0° 22' 21” WEST, 153.04 FEET; THENCE SOUTH 4° 05' 41” EAST, 53.72 FEET;
THENCE SOUTH 10° 15' 51” EAST, 64.85 FEET; THENCE SOUTH 12° 50' 15” EAST,
64.85 FEET; THENCE SOUTH 15° 24' 40” EAST, 64.85 FEET;
THENCE SOUTH 17° 59' 04” EAST, 64.85 FEET; THENCE SOUTH 20° 33' 28” EAST,
64.85 FEET; THENCE SOUTH 23° 07' 52” EAST, 64.85 FEET;
THENCE SOUTH 25° 42' 16” EAST, 64.85 FEET; THENCE SOUTH 26° 39' 22” EAST,
65.30 FEET; THENCE SOUTH 63° 10' 10” WEST, 106.92 FEET; 17 THENCE SOUTHEASTERLY 119.37 FEET ALONG A NON-TANGENT CURVE, CONCAVE TO THE WEST, WITH A RADIUS OF 1148.00 FEET, A CENTRAL ANGLE OF 5° 57' 27, AND A BEGINNING RADIAL WHICH BEARS NORTH 63° 10' 10” EAST; THENCE NORTH 69° 07' 37” EAST, 95.00 FEET; THENCE SOUTH 20° 02' 58” EAST,
35.73 FEET; THENCE SOUTH 18° 24' 09” EAST, 35.73 FEET;
THENCE SOUTH 16° 45' 20” EAST, 35.73 FEET; THENCE SOUTH 15° 06' 30” EAST,
35.73 FEET; THENCE SOUTH 13° 27' 41” EAST, 35.73 FEET;
THENCE SOUTH 11° 48' 51” EAST, 35.73 FEET; THENCE SOUTH 10° 10' 02” EAST,
35.73 FEET; THENCE SOUTH 8° 31' 12” EAST, 35.73 FEET;
THENCE SOUTH 6° 52' 23” EAST, 35.73 FEET; THENCE SOUTH 5° 13' 34” EAST,
35.73 FEET; THENCE SOUTH 3° 34' 44” EAST, 35.73 FEET; THENCE SOUTH 1° 53' 09” EAST, 37.73 FEET;
THENCE SOUTH 0° 05' 53” WEST, 88.00 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27;
THENCE NORTH 89° 54' 07” WEST, ALONG THE SOUTH LINE OF LAST SAID NORTHWEST QUARTER, 1127.22 FEET TO THE POINT OF BEGINNING.
THIS LEGAL DESCRIPTION MADE PURSUANT TO ADJUSTED PARCEL A OF THAT CERTAIN LOT LINE ADJUSTMENT NO. 2023-04 AS SHOWN ON GRANT DEED RECORDED JANUARY 25, 2024 AS DOCUMENT NO. 2024-0006740 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 27;
THENCE SOUTH 89° 54' 07” EAST ALONG THE SOUTH LINE OF THE SOUTH HALF OF SAID NORTHWEST QUARTER, A DISTANCE OF 338.29 FEET;
THENCE NORTH 0° 05' 53” EAST, A DISTANCE OF 48.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 0° 26' 04” EAST, 847.16 FEET;
THENCE SOUTH 89° 57' 03” EAST, 232.98 FEET;
THENCE EASTERLY 53.19 FEET ALONG A TANGENT CURVE, CONCAVE TO THE NORTH, WITH A RADIUS OF 228.00 FEET, AND A CENTRAL ANGLE OF 13° 21' 57”; THENCE NORTH 76° 41' 00” EAST, 52.60 FEET;
THENCE SOUTH 59° 23' 25” EAST, 14.40 FEET;
THENCE SOUTHERLY 359.79 FEET ALONG A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST, WITH A RADIUS OF 1,628.00 FEET, A CENTRAL ANGLE OF 12° 39' 45”, AND A BEGINNING RADIAL WHICH BEARS SOUTH 74° 21' 37” WEST; THENCE SOUTHERLY 422.50 FEET ALONG A REVERSE CURVE, CONCAVE TO THE SOUTHWEST, WITH A RADIUS OF 1,072.00 FEET, AND A CENTRAL ANGLE OF 22° 34' 53”;
THENCE SOUTHERLY 15.07 FEET ALONG A TANGENT CURVE, CONCAVE TO 18 THE WEST, WITH A RADIUS OF 90.00 FEET, AND A CENTRAL ANGLE OF 9° 35' 27”;
THENCE SOUTH 3° 52' 12” WEST, 38.07 FEET;
THENCE SOUTHERLY 11.78 FEET ALONG A TANGENT CURVE, CONCAVE TO THE EAST, WITH A RADIUS OF 110.00 FEET, AND A CENTRAL ANGLE OF 6° 08' 00”;
THENCE SOUTHERLY 39.73 FEET ALONG A REVERSE CURVE, CONCAVE TO THE WEST, WITH A RADIUS OF 1,065.00 FEET, AND A CENTRAL ANGLE OF 2° 08' 14”;
THENCE SOUTH 45° 05' 11” WEST, A DISTANCE OF 28.28 FEET TO A LINE PARALLEL WITH AND 48.00 FEET NORTH OF SAID SOUTH LINE;
THENCE NORTH 89° 54' 07” WEST, ALONG SAID PARALLEL LINE, 591.17 FEET TO THE TRUE POINT OF BEGINNING.
A
ssessor’s Parcel Number(s): 332-090-17, 332-090-26, and 332-090-27
After recordation of the final map for Tract 6431, Phase I, the boundaries of the annexation shall be comprised of lots 1-147, inclusive, of Tract 6431, Phase I. The boundaries of Tract 6431, Phase I are depicted, and annexed, as set forth below:
19 20
Exhibit B
RATE AND METHOD OF APPORTIONMENT
Lots 1 through 147, inclusive, of Tract 6431, Phase I, proposed to be levied as follows:
Lot Landowner Proposed Assessment (FY 24-25)
1 San Joaquin Valley Homes, LLC. $718.72
2 San Joaquin Valley Homes, LLC. $718.72
3 San Joaquin Valley Homes, LLC. $718.72
4 San Joaquin Valley Homes, LLC. $718.72
5 San Joaquin Valley Homes, LLC. $718.72
6 San Joaquin Valley Homes, LLC. $718.72
7 San Joaquin Valley Homes, LLC. $718.72
8 San Joaquin Valley Homes, LLC. $718.72
9 San Joaquin Valley Homes, LLC. $718.72
10 San Joaquin Valley Homes, LLC. $718.72
11 San Joaquin Valley Homes, LLC. $718.72
12 San Joaquin Valley Homes, LLC. $718.72
13 San Joaquin Valley Homes, LLC. $718.72
14 San Joaquin Valley Homes, LLC. $718.72
15 San Joaquin Valley Homes, LLC. $718.72
16 San Joaquin Valley Homes, LLC. $718.72
17 San Joaquin Valley Homes, LLC. $718.72
18 San Joaquin Valley Homes, LLC. $718.72
19 San Joaquin Valley Homes, LLC. $718.72
20 San Joaquin Valley Homes, LLC. $718.72
21 San Joaquin Valley Homes, LLC. $718.72
22 San Joaquin Valley Homes, LLC. $718.72
23 San Joaquin Valley Homes, LLC. $718.72
24 San Joaquin Valley Homes, LLC. $718.72
25 San Joaquin Valley Homes, LLC. $718.72
26 San Joaquin Valley Homes, LLC. $718.72
27 San Joaquin Valley Homes, LLC. $718.72
28 San Joaquin Valley Homes, LLC. $718.72
29 San Joaquin Valley Homes, LLC. $718.72
30 San Joaquin Valley Homes, LLC. $718.72
31 San Joaquin Valley Homes, LLC. $718.72
32 San Joaquin Valley Homes, LLC. $718.72
33 San Joaquin Valley Homes, LLC. $718.72
34 San Joaquin Valley Homes, LLC. $718.72
35 San Joaquin Valley Homes, LLC. $718.72
36 San Joaquin Valley Homes, LLC. $718.72
37 San Joaquin Valley Homes, LLC. $718.72
38 San Joaquin Valley Homes, LLC. $718.72
39 San Joaquin Valley Homes, LLC. $718.72
21 40 San Joaquin Valley Homes, LLC. $718.72
41 San Joaquin Valley Homes, LLC. $718.72
42 San Joaquin Valley Homes, LLC. $718.72
43 San Joaquin Valley Homes, LLC. $718.72
44 San Joaquin Valley Homes, LLC. $718.72
45 San Joaquin Valley Homes, LLC. $718.72
46 San Joaquin Valley Homes, LLC. $718.72
47 San Joaquin Valley Homes, LLC. $718.72
48 San Joaquin Valley Homes, LLC. $718.72
49 San Joaquin Valley Homes, LLC. $718.72
50 San Joaquin Valley Homes, LLC. $718.72
51 San Joaquin Valley Homes, LLC. $718.72
52 San Joaquin Valley Homes, LLC. $718.72
53 San Joaquin Valley Homes, LLC. $718.72
54 San Joaquin Valley Homes, LLC. $718.72
55 San Joaquin Valley Homes, LLC. $718.72
56 San Joaquin Valley Homes, LLC. $718.72
57 San Joaquin Valley Homes, LLC. $718.72
58 San Joaquin Valley Homes, LLC. $718.72
59 San Joaquin Valley Homes, LLC. $718.72
60 San Joaquin Valley Homes, LLC. $718.72
61 San Joaquin Valley Homes, LLC. $718.72
62 San Joaquin Valley Homes, LLC. $718.72
63 San Joaquin Valley Homes, LLC. $718.72
64 San Joaquin Valley Homes, LLC. $718.72
65 San Joaquin Valley Homes, LLC. $718.72
66 San Joaquin Valley Homes, LLC. $718.72
67 San Joaquin Valley Homes, LLC. $718.72
68 San Joaquin Valley Homes, LLC. $718.72
69 San Joaquin Valley Homes, LLC. $718.72
70 San Joaquin Valley Homes, LLC. $718.72
71 San Joaquin Valley Homes, LLC. $718.72
72 San Joaquin Valley Homes, LLC. $718.72
73 San Joaquin Valley Homes, LLC. $718.72
74 San Joaquin Valley Homes, LLC. $718.72
75 San Joaquin Valley Homes, LLC. $718.72
76 San Joaquin Valley Homes, LLC. $718.72
77 San Joaquin Valley Homes, LLC. $718.72
78 San Joaquin Valley Homes, LLC. $718.72
79 San Joaquin Valley Homes, LLC. $718.72
80 San Joaquin Valley Homes, LLC. $718.72
81 San Joaquin Valley Homes, LLC. $718.72
82 San Joaquin Valley Homes, LLC. $718.72
83 San Joaquin Valley Homes, LLC. $718.72
84 San Joaquin Valley Homes, LLC. $718.72
85 San Joaquin Valley Homes, LLC. $718.72
22 86 San Joaquin Valley Homes, LLC. $718.72
87 San Joaquin Valley Homes, LLC. $718.72
88 San Joaquin Valley Homes, LLC. $718.72
89 San Joaquin Valley Homes, LLC. $718.72
90 San Joaquin Valley Homes, LLC. $718.72
91 San Joaquin Valley Homes, LLC. $718.72
92 San Joaquin Valley Homes, LLC. $718.72
93 San Joaquin Valley Homes, LLC. $718.72
94 San Joaquin Valley Homes, LLC. $718.72
95 San Joaquin Valley Homes, LLC. $718.72
96 San Joaquin Valley Homes, LLC. $718.72
97 San Joaquin Valley Homes, LLC. $718.72
98 San Joaquin Valley Homes, LLC. $718.72
99 San Joaquin Valley Homes, LLC. $718.72
100 San Joaquin Valley Homes, LLC. $718.72
101 San Joaquin Valley Homes, LLC. $718.72
102 San Joaquin Valley Homes, LLC. $718.72
103 San Joaquin Valley Homes, LLC. $718.72
104 San Joaquin Valley Homes, LLC. $718.72
105 San Joaquin Valley Homes, LLC. $718.72
106 San Joaquin Valley Homes, LLC. $718.72
107 San Joaquin Valley Homes, LLC. $718.72
108 San Joaquin Valley Homes, LLC. $718.72
109 San Joaquin Valley Homes, LLC. $718.72
110 San Joaquin Valley Homes, LLC. $718.72
111 San Joaquin Valley Homes, LLC. $718.72
112 San Joaquin Valley Homes, LLC. $718.72
113 San Joaquin Valley Homes, LLC. $718.72
114 San Joaquin Valley Homes, LLC. $718.72
115 San Joaquin Valley Homes, LLC. $718.72
116 San Joaquin Valley Homes, LLC. $718.72
117 San Joaquin Valley Homes, LLC. $718.72
118 San Joaquin Valley Homes, LLC. $718.72
119 San Joaquin Valley Homes, LLC. $718.72
120 San Joaquin Valley Homes, LLC. $718.72
121 San Joaquin Valley Homes, LLC. $718.72
122 San Joaquin Valley Homes, LLC. $718.72
123 San Joaquin Valley Homes, LLC. $718.72
124 San Joaquin Valley Homes, LLC. $718.72
125 San Joaquin Valley Homes, LLC. $718.72
126 San Joaquin Valley Homes, LLC. $718.72
127 San Joaquin Valley Homes, LLC. $718.72
128 San Joaquin Valley Homes, LLC. $718.72
129 San Joaquin Valley Homes, LLC. $718.72
130 San Joaquin Valley Homes, LLC. $718.72
131 San Joaquin Valley Homes, LLC. $718.72
23 132 San Joaquin Valley Homes, LLC. $718.72
133 San Joaquin Valley Homes, LLC. $718.72
134 San Joaquin Valley Homes, LLC. $718.72
135 San Joaquin Valley Homes, LLC. $718.72
136 San Joaquin Valley Homes, LLC. $718.72
137 San Joaquin Valley Homes, LLC. $718.72
138 San Joaquin Valley Homes, LLC. $718.72
139 San Joaquin Valley Homes, LLC. $718.72
140 San Joaquin Valley Homes, LLC. $718.72
141 San Joaquin Valley Homes, LLC. $718.72
142 San Joaquin Valley Homes, LLC. $718.72
143 San Joaquin Valley Homes, LLC. $718.72
144 San Joaquin Valley Homes, LLC. $718.72
145 San Joaquin Valley Homes, LLC. $718.72
146 San Joaquin Valley Homes, LLC. $718.72
147 San Joaquin Valley Homes, LLC. $718.72
24 Attachment 3
25 26
27 28
29 30
31 32
Prepared by: Derek Sylvester Approved by: __Nathan Olson________________
REVIEW: City Manager: _NCO_____ Finance: _______ City Attorney: __HCM_ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X Consent
Info Item
X Action Item
Department Report
Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: March 6, 2025
Agenda Item No.: F-2
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Council M embers
From: Derek Sylvester, Senior Planner
Subject: Resolution Initiating Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the Annexation of Property into Sanger Landscaping and Lighting Maintenance District No. 2, Area 1, to Review the Improvements and Assessments for Fiscal Year 2024-2025, and to Set a Public Hearing (Annexation No. 25-01)
Attachments:
1. Resolution No. 2025-17
2. Petition and Waiver from San Joaquin Valley Homes, LLC.
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council approve Resolution No. 2025-17 a Resolution Initiating Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the Annexation of Property into Sanger Landscaping and Lighting Maintenance District No. 2, Area 1, to Review the Improvements and Assessments for Fiscal Year 2024-2025, and to Set a Public Hearing for a Future Date.
EXECUTIVE SUMMARY:
The City of Sanger has two established Landscaping and Lighting Maintenance Districts to maintain C ity parks, landscaped areas, block walls, and streetlight operation and maintenance. Sanger Landscaping and Lighting Maintenance District No. 2 (“ LLMD No. 2”) was established in 2004 to cover the cost of maintaining all streetlights, landscaping, and irrigation systems within the LLMD No. 2 City public right - of-way, and to cover the cost of maintaining special amenities located within the LLMD No. 2 City public right-of-way or easements, including, but not limited to, maintaining masonry walls, storm water holding 33 ponds, and roundabouts. Approval of the proposed Resolution will start the process to allow annexation of the lots in a new residential subdivision into LLMD No. 2 being developed by San Joaquin Valley Homes, LLC. (“Applicant”).
BACKGROUND:
The Landscaping and Lighting Act of 1972, California Streets and Highways Code Section 22500 et. seq. was designed to allow local governments the ability to collect assessments to defray the cost of maintaining street lighting, and landscaped areas within the public right -of-way. These costs were recognized as costs, which directly benefit property owners by increasing the value of their property.
Adequate street lighting increases safety and decreases crime. Well -kept landscaped areas enhance the quality of life in neighborhoods and directly affect the marketability and value of property.
Applicant is currently seeking to devel op a 147- lot subdivision located on the southeast corner of North Avenue and Bethel Avenue, Tract 6 431, as part of Phase I (“Property”). The Applicant has submitted a final map for Tract 6431, Phase I, for approval by the City Council, which will be considered by the City Council as part of a separate Agenda item at a meeting. A condition of approval for Tract 6431 requires that the lots in Tract 6431 annex into LLMD No. 2. Consistent with that requirement, the Applicant has submitted a petition and waiver to the City, requesting annexation into LLMD No. 2 and agreeing to the initial assessment amount of $116.00 per lot for the fiscal year. Thereafter, the property would be subject to the annual levy amounts approved by Council for LLMD No. 2 for each fiscal year.
The Applicant has also (i) waived certain resolutions, report, notices of hearing, and right of majority protest, and consent ed to a public hearing and adoption of a Resolution by the City Council ordering annexation and levy of the Property; and (ii) expressly waive d any requirement to have a ballot and majority protest proceeding per Government Code Section 53753 or as may be permitted by the Act. As a result of this waiver, the annexation process can be expedited as no report by the City Engineer is required to be prepared and filed with the City Clerk, nor is a ballot and majority protest required.
The attached Resolution initiates the proceedings for Annexation of the Property in Sanger Landscaping and Lighting Maintenance District No. 2, Area 1, and sets a public hearing date for the proposed annexation and levy for May 1, 2025.
Approving the Resolution does not annex the Property implement the assessment; it only starts the process and allows for further discussion. The Council will make a final decision on this matter at the May 1, 2025 hearing.
REASON FOR RECOMMENDATION:
The LLMD No. 2 assessment is utilized to offset the costs of streetlight and right of way maintenance and operations within the established LLMD No. 2 area. Street lighting and well -maintained landscaping increases safety and the quality of life and directly affects the actual property values of homes and businesses located in the City of Sanger. As new development occurs in Sanger, annexing the property to LLMD No. 2 will help ensure that property is maintained. Annexation is also a necessary component to allow for the development of 147 new single-family residences, and to help assist with the City’s housing stock.
FISCAL IMPACT:
Each lot that is annexed will pay the current rate of $116.00 for the Fiscal Year, or $17,052 total for all 34 147 propos
ed lots . Thereafter, the City Council will approve assessment amounts for Area 1 of LLMD No. 2, which may be adjusted to reflect increases based on the consumer price index.
ALTERNATIVES:
One
alternative would be to deny the application and not annex the property into LLMD No. 2. In this case, the Council should also provide direction whether or not it intends to relieve the Applicant of condition of approval No. G.8 for Tentative Tract Map No. 6431, which requires the annexation in order to approve the Final Map.
ACTIONS FOLLOWING APPROVAL:
St
aff anticipate that the City Clerk will file the diagram and assessment with the Fresno County Auditor- Controller concurrently with the recording of the final map. 35
RESOLUTION NO. 2025-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER
INITIATING PROCEEDINGS PURSUANT TO THE LANDSCAPING
AND LIGHTING ACT OF 1972 FOR THE ANNEXATION OF
PROPERTY INTO SANGER LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 2, AREA 1, TO REVIEW THE
IMPROVEMENTS AND ASSESSMENTS FOR FISCAL YEAR 2024-2025, AND TO SET A PUBLIC HEARING. (ANNEXATION NO. 25-01)
WHEREAS, the Landscaping and Lighting Act of 1972 (“Act”) provides and establishes procedures for annexing properties to an existing Landscaping and Lighting Assessment District; and
WHEREAS, on April 1, 2004 the Sanger City Council established the “ Sanger Landscape and Lighting Maintenance District No. 2” ( hereafter “LLMD No. 2” or “District”) to levy and collect assessments to cover the cost of maintaining all streetlights, landscaping, and irrigation systems within the LLMD No. 2 public right -of-way, and to cover the cost of maintaining special amenities located within the LLMD No. 2 public right-of- way or easements, including, but not limited to, maintaining masonry walls, storm water holding ponds, and roundabouts; and
WHEREAS, the City Council has determined that to finance the installation, operation, and maintenance of landscaping and lighting improvements which benefit the aforementioned tracts and public lands, they should be annexed into the District; and
WHEREAS, not only will annexing this new development into the existing district ensure that all benefitting parcels share equally in the costs to maintain the improvements, but consolidating the benefitting developments into a single assessment district will facilitate their management by the City; and
WHEREAS, the proceedings for the annexation of the aforementioned tracts and public lands to the District are authorized by and will be conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code; and
WHEREAS, pursuant to Streets and Highways Code section 22608, resolutions, reports, notices of hearing, and the right of majority protest may be waived with the written consent of all landowners of the territory to be annexed; and
WHEREAS, San Joaquin Valley Homes, LLC., is the landowner of the property proposed for annexation and generally located at the Southeast of the intersection of Bethel Avenue and North Avenue, and which is also known as Tract 6431, Phase I , whose final map will be considered by the City Council, as further described or depicted on Exhibit “A” (“Subject Property”); and
36
WHEREAS, San Joaquin Valley Homes, LLC., has provided a petition for annexation and written consent to waiver of resolutions, reports, notices of hearing, and the right of majority protest regarding the Subject Property, as well as consenting to the amount of the proposed levy for the current fiscal year; and
WHEREAS, as a result, no report by the City Engineer is required to be prepare d and filed with the City Clerk which outlines the land to be annexed, etc.; and WHEREAS, this City Council now desires to proceed to adopt this Resolution of Intention to declare its intent to annex the Subject Property into LLMD No. 2, to set and specify the levy and collection of assessments, and to set a time and place for a public hearing relating to the annexation of the subject property into LLMD No. 2, Area 1.
NOW, THEREFORE, the City Council of the City of Sanger does resolve as follows:
1. The City Council proposes to annex the property into Area 1 of Sanger Landscaping and Lighting Maintenance District No. 2 formed by the City Council for the City of S anger per adoption of Resolution 3604 in April of 2004 and pursuant to the Landscaping and Lighting Act of 1972 (Section 22500 and following, Streets and Highways Code). The property proposed to be annexed is identified on Exhibit “A.”
2. The property proposed to be annexed and to be specifically charged for the improvements shall include all of the land identified on Exhibit “A” (Tract 6431, Phase I ) and shall be designated “Sanger Landscaping & Lighting Maintenance District No. 2, Annexation No. 25-01.”
3. The improvements which are provided for the properties within Sanger Landscaping & Lighting Maintenance District No. 2, and which shall be provided for the property within Sanger Landscaping & Lighting Maintenance District No. 2, Area 1, Annexation No. 25- 01 by and through the assessments levied annually thereon shall include the following:
(a) T he installation or construction of public lighting, facilities, including, but not limited to, street lights;
(b) T he installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands;
(c) The installation or construction of irrigation systems ; (d) S pecial amenities including, but not limited to, maintaining masonry walls, storm water holding ponds, and roundabouts; and
(e) The maintenance and servicing of any of the foregoing.
4. The City Engineer of the City of Sanger is hereby designated the engineer for the annexation proceedings. The City Council finds that the land owner has presented a written consent, and that the engineer is not required to prepare and file with the City 37
Clerk a report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972 for the annexation proceedings, consistent with the Landscaping and Lighting Act of 1972.
5. The City Engineer is hereby directed to review, and modify the assessments levied against parcels previously within LLMD No. 2 district boundaries in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972 for the annexation proceedings, as required by Chapter 2 of Part 2 of Division 15 of the Landscaping and Lighting Act of 1972. The proposed assessments upon the lots and parcels of land are set forth in Exhibit “B.”
6. Notice is given that on the 1
st day of May, 2025, at the hour of 6:00 p.m., in the regular meeting place of the City Council being the Council Chambers located at 1700 7th Street, Sanger, California 93657, a public hearing will be held where this City Council will consider the authorization for the annexation of Annexation No. 25-01 to Sanger Landscaping & Lighting Maintenance District No. 2, Area 1, the proposed method and apportionment of the levy with Annexation No. 25-01 and all other matters as set forth in this Resolution of Intention. Pursuant to the p etition, all of the landowner (s) within Annexation No. 25-01 have waived all applicable resolutions, reports, notices of hearing, and the right of majority protest.
At such public hearing, the testimony or protest of all interested persons for or against the annexation of Annexation No. 25-01 or the imposition of levy of assessments within Annexation No. 25-01 will be heard.
7. This Resolution shall be effective upon adoption.
The foregoing resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 6
th day of March 2025, and adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Corina Tamez, City Clerk
38
EXHIBIT A
Proposed Boundaries of Annexation No. 25-01 to Sanger Landscaping & Lighting Maintenance District No. 2, Area 1, City of Sanger, Fresno County, California
The Property is situated in the State of California, County of Fresno, City of Sanger, and pending recordation of the final map for Tract 6431, Phase I, is described as follows:
THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER, AND THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, OF SECTION 27, TOWNSHIP 14 SOUTH, RANGE 22 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF SANGER, COUNTY OF FRESNO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 27; THENCE NORTH 0° 26' 04” EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, A DISTANCE OF 1322.89 FEET TOTHE NORTHWEST CORNER OF THE SOUTH HALF OF LAST SAID NORTHWEST QUARTER;
THENCE SOUTH 89° 57' 03” EAST, ALONG THE NORTH LINE OF THE SOUTH HALF OF LAST SAID NORTHWEST QUARTER, 651.59 FEET, TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27; THENCE NORTH 0° 22' 21” EAST, ALONG THE WEST LINE OF SAID EAST HALF, 1323.43 FEET, TO THE NORTHWEST CORNER OF SAID EAST HALF;
THENCE NORTH 90° 00' 00” EAST, ALONG THE NORTH LINE OF SAID EAST HALF, 650.17 FEET TO THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 0° 18' 38” WEST, ALONG THE EAST LINE OF SAID EAST HALF, 1159.39 FEET; THENCE NORTH 89° 37' 39” WEST, 316.40 FEET;
THENCE SOUTH 0° 22' 21” WEST, 98.00 FEET; THENCE SOUTH 44° 37' 39” EAST, 14.14 FEET; THENCE SOUTH 0° 22' 21” WEST, 56.00 FEET;
THENCE SOUTH 45° 22' 21” WEST, 14.14 FEET; THENCE NORTH 89° 37' 39” WEST, 56.00 FEET; THENCE NORTH 44° 37' 39” WEST, 14.14 FEET;
THENCE NORTH 89° 37' 39” WEST, 98.00 FEET; THENCE SOUTH 0° 22' 21” WEST, 153.04 FEET; THENCE SOUTH 4° 05' 41” EAST, 53.72 FEET;
THENCE SOUTH 10° 15' 51” EAST, 64.85 FEET; THENCE SOUTH 12° 50' 15” EAST, 64.85 FEET; THENCE SOUTH 15° 24' 40” EAST, 64.85 FEET;
THENCE SOUTH 17° 59' 04” EAST, 64.85 FEET; THENCE SOUTH 20° 33' 28” EAST, 64.85 FEET; THENCE SOUTH 23° 07' 52” EAST, 64.85 FEET;
THENCE SOUTH 25° 42' 16” EAST, 64.85 FEET; THENCE SOUTH 26° 39' 22” EAST, 65.30 FEET; THENCE SOUTH 63° 10' 10” WEST, 106.92 FEET;
THENCE SOUTHEASTERLY 119.37 FEET ALONG A NON-TANGENT CURVE, CONCAVE TO THE WEST, WITH A RADIUS OF 1148.00 FEET, A CENTRAL ANGLE OF 5° 57' 27, AND A BEGINNING RADIAL WHICH BEARS NORTH 63° 10' 10” EAST;
THENCE NORTH 69° 07' 37” EAST, 95.00 FEET; THENCE SOUTH 20° 02' 58” EAST, 35.73 FEET; THENCE SOUTH 18° 24' 09” EAST, 35.73 FEET;
THENCE SOUTH 16° 45' 20” EAST, 35.73 FEET; THENCE SOUTH 15° 06' 30” EAST, 35.73 FEET; THENCE SOUTH 13° 27' 41” EAST, 35.73 FEET;
THENCE SOUTH 11° 48' 51” EAST, 35.73 FEET; THENCE SOUTH 10° 10' 02” EAST, 35.73 FEET; THENCE SOUTH 8° 31' 12” EAST, 35.73 FEET;
39
THENCE SOUTH 6° 52' 23” EAST, 35.73 FEET; THENCE SOUTH 5° 13' 34” EAST, 35.73 FEET; THENCE SOUTH 3° 34' 44” EAST, 35.73 FEET; THENCE SOUTH 1° 53' 09” EAST, 37.73 FEET; THENCE SOUTH 0° 05' 53” WEST, 88.00 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27;
THENCE NORTH 89° 54' 07” WEST, ALONG THE SOUTH LINE OF LAST SAID NORTHWEST QUARTER, 1127.22 FEET TO THE POINT OF BEGINNING.
THIS LEGAL DESCRIPTION MADE PURSUANT TO ADJUSTED PARCEL A OF THAT CERTAIN LOT LINE ADJUSTMENT NO. 2023-04 AS SHOWN ON GRANT DEED RECORDED JANUARY 25, 2024 AS DOCUMENT NO. 2024-0006740 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 27;
THENCE SOUTH 89° 54' 07” EAST ALONG THE SOUTH LINE OF THE SOUTH HALF OF SAID NORTHWEST QUARTER, A DISTANCE OF 338.29 FEET;
THENCE NORTH 0° 05' 53” EAST, A DISTANCE OF 48.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 0° 26' 04” EAST, 847.16 FEET;
THENCE SOUTH 89° 57' 03” EAST, 232.98 FEET;
THENCE EASTERLY 53.19 FEET ALONG A TANGENT CURVE, CONCAVE TO THE NORTH, WITH A RADIUS OF 228.00 FEET, AND A CENTRAL ANGLE OF 13° 21' 57”; THENCE NORTH 76° 41' 00” EAST, 52.60 FEET;
THENCE SOUTH 59° 23' 25” EAST, 14.40 FEET;
THENCE SOUTHERLY 359.79 FEET ALONG A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST, WITH A RADIUS OF 1,628.00 FEET, A CENTRAL ANGLE OF 12° 39' 45”, AND A BEGINNING RADIAL WHICH BEARS SOUTH 74° 21' 37” WEST;
THENCE SOUTHERLY 422.50 FEET ALONG A REVERSE CURVE, CONCAVE TO THE SOUTHWEST, WITH A RADIUS OF 1,072.00 FEET, AND A CENTRAL ANGLE OF 22° 34' 53”; THENCE SOUTHERLY 15.07 FEET ALONG A TANGENT CURVE, CONCAVE TO THE WEST, WITH A RADIUS OF 90.00 FEET, AND A CENTRAL ANGLE OF 9° 35' 27”; THENCE SOUTH 3° 52' 12” WEST, 38.07 FEET;
THENCE SOUTHERLY 11.78 FEET ALONG A TANGENT CURVE, CONCAVE TO THE EAST, WITH A RADIUS OF 110.00 FEET, AND A CENTRAL ANGLE OF 6° 08' 00”; THENCE SOUTHERLY 39.73 FEET ALONG A REVERSE CURVE, CONCAVE TO THE WEST, WITH A RADIUS OF 1,065.00 FEET, AND A CENTRAL ANGLE OF 2° 08' 14”; THENCE SOUTH 45° 05' 11” WEST, A DISTANCE OF 28.28 FEET TO A LINE PARALLEL WITH AND
48.00 FEET NORTH OF SAID SOUTH LINE;
THENCE NORTH 89° 54' 07” WEST, ALONG SAID PARALLEL LINE, 591.17 FEET TO THE TRUE POINT OF BEGINNING.
Assessor’s Parcel Number(s): 332-090-17, 332-090-26, and 332-090-27
The property is subject to a pending map for Tract 6431, Phase I, whose final map will be considered by the City Council. The boundaries of the annexation shall be comprised of lots 1- 147, inclusive, of Tract 6431, Phase I. The boundaries of Tract 6431, Phase I, are depicted as follows:
40
41
Exhibit B
Rate and Apportionment
Lots 1 through 147, inclusive, of Tract 6431, Phase I, proposed to be levied as follows:
Lot Landowner Proposed Assessment (FY 24-25)
1 San Joaquin Valley Homes, LLC. $116.00
2 San Joaquin Valley Homes, LLC. $116.00
3 San Joaquin Valley Homes, LLC. $116.00
4 San Joaquin Valley Homes, LLC. $116.00
5 San Joaquin Valley Homes, LLC. $116.00
6 San Joaquin Valley Homes, LLC. $116.00
7 San Joaquin Valley Homes, LLC. $116.00
8 San Joaquin Valley Homes, LLC. $116.00
9 San Joaquin Valley Homes, LLC. $116.00
10 San Joaquin Valley Homes, LLC. $116.00
11 San Joaquin Valley Homes, LLC. $116.00
12 San Joaquin Valley Homes, LLC. $116.00
13 San Joaquin Valley Homes, LLC. $116.00
14 San Joaquin Valley Homes, LLC. $116.00
15 San Joaquin Valley Homes, LLC. $116.00
16 San Joaquin Valley Homes, LLC. $116.00
17 San Joaquin Valley Homes, LLC. $116.00
18 San Joaquin Valley Homes, LLC. $116.00
19 San Joaquin Valley Homes, LLC. $116.00
20 San Joaquin Valley Homes, LLC. $116.00
21 San Joaquin Valley Homes, LLC. $116.00
22 San Joaquin Valley Homes, LLC. $116.00
23 San Joaquin Valley Homes, LLC. $116.00
24 San Joaquin Valley Homes, LLC. $116.00
25 San Joaquin Valley Homes, LLC. $116.00
26 San Joaquin Valley Homes, LLC. $116.00
27 San Joaquin Valley Homes, LLC. $116.00
28 San Joaquin Valley Homes, LLC. $116.00
29 San Joaquin Valley Homes, LLC. $116.00
30 San Joaquin Valley Homes, LLC. $116.00
31 San Joaquin Valley Homes, LLC. $116.00
32 San Joaquin Valley Homes, LLC. $116.00
33 San Joaquin Valley Homes, LLC. $116.00
34 San Joaquin Valley Homes, LLC. $116.00
35 San Joaquin Valley Homes, LLC. $116.00
36 San Joaquin Valley Homes, LLC. $116.00
37 San Joaquin Valley Homes, LLC. $116.00
38 San Joaquin Valley Homes, LLC. $116.00
39 San Joaquin Valley Homes, LLC. $116.00
42
40 San Joaquin Valley Homes, LLC. $116.00
41 San Joaquin Valley Homes, LLC. $116.00
42 San Joaquin Valley Homes, LLC. $116.00
43 San Joaquin Valley Homes, LLC. $116.00
44 San Joaquin Valley Homes, LLC. $116.00
45 San Joaquin Valley Homes, LLC. $116.00
46 San Joaquin Valley Homes, LLC. $116.00
47 San Joaquin Valley Homes, LLC. $116.00
48 San Joaquin Valley Homes, LLC. $116.00
49 San Joaquin Valley Homes, LLC. $116.00
50 San Joaquin Valley Homes, LLC. $116.00
51 San Joaquin Valley Homes, LLC. $116.00
52 San Joaquin Valley Homes, LLC. $116.00
53 San Joaquin Valley Homes, LLC. $116.00
54 San Joaquin Valley Homes, LLC. $116.00
55 San Joaquin Valley Homes, LLC. $116.00
56 San Joaquin Valley Homes, LLC. $116.00
57 San Joaquin Valley Homes, LLC. $116.00
58 San Joaquin Valley Homes, LLC. $116.00
59 San Joaquin Valley Homes, LLC. $116.00
60 San Joaquin Valley Homes, LLC. $116.00
61 San Joaquin Valley Homes, LLC. $116.00
62 San Joaquin Valley Homes, LLC. $116.00
63 San Joaquin Valley Homes, LLC. $116.00
64 San Joaquin Valley Homes, LLC. $116.00
65 San Joaquin Valley Homes, LLC. $116.00
66 San Joaquin Valley Homes, LLC. $116.00
67 San Joaquin Valley Homes, LLC. $116.00
68 San Joaquin Valley Homes, LLC. $116.00
69 San Joaquin Valley Homes, LLC. $116.00
70 San Joaquin Valley Homes, LLC. $116.00
71 San Joaquin Valley Homes, LLC. $116.00
72 San Joaquin Valley Homes, LLC. $116.00
73 San Joaquin Valley Homes, LLC. $116.00
74 San Joaquin Valley Homes, LLC. $116.00
75 San Joaquin Valley Homes, LLC. $116.00
76 San Joaquin Valley Homes, LLC. $116.00
77 San Joaquin Valley Homes, LLC. $116.00
78 San Joaquin Valley Homes, LLC. $116.00
79 San Joaquin Valley Homes, LLC. $116.00
80 San Joaquin Valley Homes, LLC. $116.00
81 San Joaquin Valley Homes, LLC. $116.00
82 San Joaquin Valley Homes, LLC. $116.00
83 San Joaquin Valley Homes, LLC. $116.00
84 San Joaquin Valley Homes, LLC. $116.00
85 San Joaquin Valley Homes, LLC. $116.00
43
86 San Joaquin Valley Homes, LLC. $116.00
87 San Joaquin Valley Homes, LLC. $116.00
88 San Joaquin Valley Homes, LLC. $116.00
89 San Joaquin Valley Homes, LLC. $116.00
90 San Joaquin Valley Homes, LLC. $116.00
91 San Joaquin Valley Homes, LLC. $116.00
92 San Joaquin Valley Homes, LLC. $116.00
93 San Joaquin Valley Homes, LLC. $116.00
94 San Joaquin Valley Homes, LLC. $116.00
95 San Joaquin Valley Homes, LLC. $116.00
96 San Joaquin Valley Homes, LLC. $116.00
97 San Joaquin Valley Homes, LLC. $116.00
98 San Joaquin Valley Homes, LLC. $116.00
99 San Joaquin Valley Homes, LLC. $116.00
100 San Joaquin Valley Homes, LLC. $116.00
101 San Joaquin Valley Homes, LLC. $116.00
102 San Joaquin Valley Homes, LLC. $116.00
103 San Joaquin Valley Homes, LLC. $116.00
104 San Joaquin Valley Homes, LLC. $116.00
105 San Joaquin Valley Homes, LLC. $116.00
106 San Joaquin Valley Homes, LLC. $116.00
107 San Joaquin Valley Homes, LLC. $116.00
108 San Joaquin Valley Homes, LLC. $116.00
109 San Joaquin Valley Homes, LLC. $116.00
110 San Joaquin Valley Homes, LLC. $116.00
111 San Joaquin Valley Homes, LLC. $116.00
112 San Joaquin Valley Homes, LLC. $116.00
113 San Joaquin Valley Homes, LLC. $116.00
114 San Joaquin Valley Homes, LLC. $116.00
115 San Joaquin Valley Homes, LLC. $116.00
116 San Joaquin Valley Homes, LLC. $116.00
117 San Joaquin Valley Homes, LLC. $116.00
118 San Joaquin Valley Homes, LLC. $116.00
119 San Joaquin Valley Homes, LLC. $116.00
120 San Joaquin Valley Homes, LLC. $116.00
121 San Joaquin Valley Homes, LLC. $116.00
122 San Joaquin Valley Homes, LLC. $116.00
123 San Joaquin Valley Homes, LLC. $116.00
124 San Joaquin Valley Homes, LLC. $116.00
125 San Joaquin Valley Homes, LLC. $116.00
126 San Joaquin Valley Homes, LLC. $116.00
127 San Joaquin Valley Homes, LLC. $116.00
128 San Joaquin Valley Homes, LLC. $116.00
129 San Joaquin Valley Homes, LLC. $116.00
130 San Joaquin Valley Homes, LLC. $116.00
131 San Joaquin Valley Homes, LLC. $116.00
44
132 San Joaquin Valley Homes, LLC. $116.00
133 San Joaquin Valley Homes, LLC. $116.00
134 San Joaquin Valley Homes, LLC. $116.00
135 San Joaquin Valley Homes, LLC. $116.00
136 San Joaquin Valley Homes, LLC. $116.00
137 San Joaquin Valley Homes, LLC. $116.00
138 San Joaquin Valley Homes, LLC. $116.00
139 San Joaquin Valley Homes, LLC. $116.00
140 San Joaquin Valley Homes, LLC. $116.00
141 San Joaquin Valley Homes, LLC. $116.00
142 San Joaquin Valley Homes, LLC. $116.00
143 San Joaquin Valley Homes, LLC. $116.00
144 San Joaquin Valley Homes, LLC. $116.00
145 San Joaquin Valley Homes, LLC. $116.00
146 San Joaquin Valley Homes, LLC. $116.00
147 San Joaquin Valley Homes, LLC. $116.00
45 46
47 48
49 50
51 Prepared by: __Joaquin Zamora _ Approved by: __NCO______________________
REVIEW: City Manager: _NCO_____ Finance: ___MS____ City Attorney: __HCM_ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION ___X_ Consent
____ Info Item
__X__ Action Item
____ Department Report
____ Successor Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: March 6, 2025
Agenda Item No.: F-3
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Council Members
From: Joaquin Zamora, Recreation Supervisor Subject: Blossom Trail Run Donations
Attachments: None
CONFLICT OF INTEREST:
None known
RECOMMENDATION:
To accept the donations given to the City of Sanger for the City’s annual Blossom Trail Run.
EXECUTIVE SUMMARY:
On March 1, 2025, the Parks and Recreation Division will be holding the 28 th Blossom Trail Run. The
following organizations and business have sent donations to the City to help supply the run and off set costs in regards to holding a run of this size.
United Health Centers - $250
Anthem Blue Cross - $1000 (committed)
Yamabe and Horn - $500
Aleshire and Wynder - $250
County Supervisor Buddy Mendes - $1500
Lyons Transportation - $2500
BACKGROUND:
The Blossom Trail Run is an Annual Event held by the City of Sanger Parks and Recreation division to celebrate the Blossom Trail that people come all over the United States to see. In the past years the run has been growing with the last numbers being about 1300 runners ages ranging from 5-100 years old. 52 \\nas1\shared\Forms & Templates
REASON FOR RECOMMENDATION:
To assist the General Fund (GF) in offsetting costs and partnership with local vendors and businesses.
FISCAL IMPACT:
Savings of $6,000 to the GF
ALTERNATIVES:
Reject donations and pay from GF.
ACTIONS FOLLOWING APPROVAL:
Staff will receive monies into GF revenue account and adjust Recreation Budget Expenditures in the same amount.
53 Prepared by: _Greg Tarascou _ Approved by: _Nathan Olson________________
REVIEW: City Manager: _NCO_____ Finance: __MS_____ City Attorney: __HCM_ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION __X_ Consent
____ Info Item
__X_ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: March 6, 2025
Agenda Item No.: F-4
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Councilmembers
From: Greg Tarascou, Fire Chief
Subject: Grant Acceptance from State Homeland Security Grant Program Attachments: None
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council accepts the grant al location in the amount of $5211.00 from the FY 20 25 State Homeland Security Grant program.
EXECUTIVE SUMMARY:
Each year the California Office of Emergency Services allocates non -matching grant funds to operational areas within California for use in the State Homeland Security Grant projects. The Sanger Fire Department requested funds from the State Homeland Secur ity Grant FY 25 program for the purchase of portable handheld radios and related accessories.
BACKGROUND:
From the Governor’s office, a set amount of grant funds is earmarked for the Fresno County operational area and grant funding is divided by the Fresno County Approval Authority into law enforcement, public health/emergency medical servic es and fire department sections. From this local Approval Authority, funds that are marked for fire services is split between the metropolitan fire departments and rural fire departments and based on population served. The City of Sanger Fire Department is a municipal fire department that serves approximately 26,357 residents therefore our allocation was set at $5211.00 by the 54 \\nas1\shared\Forms & Templates
Municipal Fire Chiefs Approval Authority. Overall, municipal fire departments within Fresno County were awarded a total of $166,933.
REASON FOR RECOMMENDATION:
This grant award is non-matching, therefore programs and projects that are funded by this grant will not affect this current budget.
FISCAL IMPACT:
This grant will fund $5211.00 for the purchase of portable handheld radios for the Fire Department’s fire suppression and emergency medical service programs.
ALTERNATIVES:
Do not accept the grant in which case the City will seek alternative funding sources for this equipment.
ACTIONS FOLLOWING APPROVAL:
Upon approval the grant award will be accepted and the materials will be purchased.
55 Prepared by: _Michelle Speer _ Approved by: _Nathan Olson_____________________ REVIEW: City Manager: _NCO_______ Finance: ___MS____ City Attorney: __HCM TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION ___X__ Consent
____ Info Item
_X__ Action Item
__ _ Department Report
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: March 6, 2025
Agenda Item No.: F-5
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Councilmembers
From: Michelle Speer, Assistant City Manager / Administrative Services Director Subject: Contract with Bryant L. Jolley, CPA for Professional Auditing Services Atta
chments: (1) Consultant Proposal
(2) Agreement
CONF
LICT OF INTEREST:
None
known.
RECO
MMENDATION:
Tha
t the City Council approve consultant services agreement with Bryant L. Jolley, CPA for Professional Auditing Services for the term FY 2023 - FY 2027 and authorize the City Manager to sign the agreement.
EXE
CUTIVE SUMMARY:
In December 2021, the City Manager signed an extension with MUN CPAs to conduct audits for Fiscal Years 2022-2026. However, due to staffing issues, the FY2022 audit did not begin timely. The inability to produce reliable and timely documentation to the contracted auditors resulted in a years long delay of audit issuance.
As
part of the on-going effort to achieve audit compliance in the most expeditious way possible, staff is seeking an agreement with a new firm, Bryant L. Jolley, CPA to conduct audits for FY2023-2027.
REAS
ON FOR RECOMMENDATION:
The
City of Sanger has failed to issue timely audits for Fiscal Years 2022 and 2023. The delay in audit 56 issuance has negatively impacted bond ratings, grant funding on existing projects, and future grant funding.
The Administration has been working diligently to complete outstanding audits and restore funding to the City of Sanger. Due to scheduling conflicts with the previous auditor, MUN CPAs, the city has decided that in the best interest of city operations and its residents, an agreement with Bryant L. Jolley CPAs will best achieve expeditious results.
Audit services are a “professional service” as defined by the California Public Contract Code, as well as the City of Sanger Purchasing Ordinance, thus they do not require a formal RFP/Q or bidding process. The Consultant has provided a fee schedule as follows:
Year Audit Cost
FY 2023 $58,700
FY 2024 $59,900
FY 2025 $61,100
FY 2026 $62,300
FY 2027 $63,500
TOTAL $305,500
Audit services will include, but are not limited to the following:
• A report on the fair presentation of the financial statements in conformity with Generally Accepted Accounting Principles (GAAP).
• A report on compliance and on internal controls over financial reporting based on an audit of financial statements performed in accordance with government auditing standards. • A report on compliance with requirements applicable to each major program and internal control over compliance with OMB Circular A-133, if required.
• A report on the Sanger Public Financing Authority (RPFA), if required. The City currently does not have activity for this entity.
• The schedule of expenditures of federal awards.
• With City staff input, completion and submission of the form SF-SAC through the Federal Clearing House.
• The upload of the final audit to the State Controller’s Office. • The schedule of significant findings and questioned expenses, if required. • The status of prior year’s findings and questioned expenses, if required. • In the required report(s) on internal controls, the auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organization’s ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. • Reportable conditions that are also material weaknesses shall be identified as such in the report. • Non-reportable conditions discovered by the auditors shall be reported in a separate letter to management, which shall be referred to in the report(s) on internal controls. • The report on compliance shall include all material instances of non-compliance. All non-material instances of non-compliance shall be reported in a separate management letter, which shall be referred to in the report on compliance.
57 Measure S Compliance Review
Project tasks shall include, but are not limited to, the following:
• Follow AU-C Section 935.11 requirements.
• Gain and document an understanding of the City of Sanger’s internal control structure relating to Measure S financial transactions in the Measure S Fund. • Review Measure S revenues and expenditures for fiscal year 2022-2023 (the period of July 1, 2022 through June 30, 2023) and subsequent fiscal years. Ensure the Supplementary Display of Measure S Schedule of Sources and Uses as provided in the City’s Comprehensive Annual Financial Report (CAFR) follows the Government Finance Officers Association best practices for additional information for department reports.
• Review expenditures related to Measure S to determine if the amounts were spent in accordance with Ordinance 1094, Resolution No. 4122, and Resolution No. 4361.
COUNCIL OPTIONS:
City Council may choose to deny the agreement with Bryant L. Jolley, CPAs and the City will seek to find another auditor willing to take on a new client. Denial of the proposed agreement will result in audit issuance delays.
ACTIONS FOLLOWING APPROVAL:
Upon approval, staff will coordinate with consultant for the FY2023 audit.
58 Attachment 1
59 BRYANT L. JOLLEY
CERTIFIED PUBLIC ACCOUNTANTS Bryant L. Jolley C.P.A.
Ryan P. Jolley C.P.A.
Darryl L. Smith C.P.A.
Luis A. Perez C.P.A.
Lan T. Kimoto
901 “N” STREET, SUITE 104 FIREBAUGH, CALIFORNIA 93622 PHONE 559.659.3045 FAX 559.659.0615
January 13, 2025
To the City Council and Mr. Nathan Olson
City of Sanger
1700 7
th Street
Sanger, California 93657
We are pleased to confirm our understanding of the services we are to provide for the City of Sanger for the fiscal years ended June 30, 2023, June 30, 2024, June 30, 2025, June 30, 2026, and June 30, 2027.
Audit Scope and Objectives
We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, including t he disclosures, which collectively comprise the basic financial statements, of the City of Sanger as of and for the fiscal years ended June 30, 2023, June 30, 2024, June 30, 2025, June 30, 2026, and June 30, 2027. Accounting standards generally acc epted in the United States of America (GAAP) provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement the City of Sanger’s basic financial statements. Such information, although not a part of the basic financial statements, is requir ed by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City of Sanger’s RSI in accordance with auditing standards generally accepted in the United States of America (GAAS). These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained duri ng our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient appropriate evidence to express an opinion or provide any assurance. The following RSI is required by GAAP and will be subjected to certain limited procedures, but will not be audited:
1) Management’s Discussion and Analysis
2) Budgetary Comparison Schedules
3) Schedule of Contributions
4) Schedule of the City’s Proporti onate Share of Net Pension Liability We have also been engaged to report on supplementary in formation other than RSI that accompanies the City of Sanger’s financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying ac counting and other records used to prepare the financial statements or to the financial statements themselves, and ot her additional procedures in accordance with GAAS, and we will provide an opinion on it in relation to the financial statements as a whole in a report combined with our auditor’s report on the financial statements.
1) Schedule of expenditures of federal awards
2) Combining Balance Sheet – Nonmajor Governmental Funds 3) Combining Statement of Revenue, Expenditures, and Changes in Fund Balances – Nonmajor Governmental Funds
The objectives of our audit are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and issue an auditor’s report that includes our opinions about whether your financial stat ements are fairly presented, in all ma terial respects, in conformity with GAAP, and report on the fairness of the supplementary information referred to in the second paragraph when 60 2
considered in relation to the financial statements as a whole. Reasonable assurance is a high level of assurance but is not absolute assurance and ther efore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements. The objectives also include reporting on:
Internal control over financial reporting and complianc e with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could hav e a material effect on the financial statements in accordance with Government Auditing Standards.
Internal control over compliance related to major pr ograms and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and t he terms and conditions of federal awards that could have a direct and material effect on each major prog ram in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).
Auditor’s Responsibilities for the Audit of the Financial Statements and Single Audit We will conduct our audit in acco rdance with GAAS; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of the Uniform Guidance, and will include tests of accounting records, a determination of major program(s) in accordance with Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS and Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit.
We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the finan cial statements represent the underlying transactions and events in a manner that achieves fair presentati on. We will plan and perform the audit to obtain reasonable assurance about whether the financial st atements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government.
Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse.
Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of a ll transactions, there is an unavoidable risk that some material misstatements or noncompliance may not be det ected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statem ents or on major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention.
We will also inform the appropriate level of managem ent of any violations of laws or governmental regulations that come to our attention, unless clearly inco nsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors.
We will also conclude, based on the audit evidence obtai ned, whether there are conditions or events, considered in the aggregate, that raise substant ial doubt about the government’s ability to continue as a going concern for a reasonable period of time.
Our procedures will include tests of documentary evidence supporting the tr ansactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement.
We have identified the following significant risk(s) of material misstatement as part of our audit planning:
According to GAAS, significant ri sks include management override of controls, and GAAS presumes that revenue recognition is a significant risk. Accordingly, we have considered these as significant risks. 61 3
We may, from time to time and depending on the circumstan ces, use third-party service providers in serving your account. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security of your inform ation. Accordingly, we maintain internal policies, procedures, and safeguards to protect t he confidentiality of your personal inform ation. In addition, we will secure confidentiality agreements with all service providers to mainta in the confidentiality of your information and we will take reasonable precautions to determine that they ha ve appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers.
Our audit of financial statements does not relieve you of your responsibilities.
Audit Procedures—Internal Control
We will obtain an understanding of the government and its en vironment, including internal control relevant to the audit, sufficient to identify and assess t he risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the ov erride of internal control. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing an d detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and materi al effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards.
As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major fede ral award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance.
An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and the Uniform Guidance.
Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of City of Sanger’s compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance, and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.
The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City of Sanger’s major programs. For federal programs that are included in the Compliance Supplement, our compliance and internal control procedures will relate to the compliance requirements that the Compliance Supplement identifie s as being subject to audit. The purpose of these procedures will be to express an opinion on the City of Sanger’s compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance.
Responsibilities of Management for the Financial Statements and Single Audit
Our audit will be conducted on the basis that you acknowledge and understand your responsibility for (1) designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements t hat are free from material misstatement, whether due to fraud or error, including internal controls over federal awards, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; (2) followi ng laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; 62 4
and (4) ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also resp onsible for the selection and applicati on of accounting principles; for the preparation and fair presentation of the financial statement s, schedule of expenditures of federal awards, and all accompanying information in conformity with accounting principles generally accepted in the United States of America; and for compliance with applicable laws and regu lations (including federal statutes), rules, and the provisions of contracts and grant ag reements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information.
You are also responsible for making drafts of financial statements, schedule of expenditures of federal awards, all financial records, and related information available to us and for the accuracy and completeness of that information (including information from outside of the general and subs idiary ledgers). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance; (3) additional information that we may request for the purpose of the audit; and (4) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and related matters.
Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the e ffects of any uncorrected mi sstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole.
You are responsible for the design and implementation of pr ograms and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are re sponsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants. You are also responsible for taking timely and appropriate steps to remedy fraud and noncomplianc e with provisions of laws, regulations, contracts, and grant agreements that we report. Additionally, as requi red by the Uniform Guidance, it is management’s responsibility to evaluate and monitor noncompliance wi th federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; and prepare a summary schedule of prior audit findings and a separate corrective action plan. The summary schedule of prior audit findings should be available for our review in March 2025.
You are responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received, and COVID-19-related co ncepts, such as lost revenues, if applicable) in conformity with the Uniform Guidance. You agree to in clude our report on the schedule of expenditures of federal awards in any document that contains, and indicates t hat we have reported on, the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance ; (2) you believe the schedule of expenditures of federal awards, including its form and content, is stated fairly in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards.
You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted ac counting principles (GAAP) You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of 63 5
the supplementary information that includes our report ther eon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, includ ing its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlyi ng the measurement or present ation of the supplementary information.
Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Scope and Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations re sulting from those audits , attestation engagements, performance audits, or studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions for the report, and for the timing and format for providing that information.
Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash, ac counts receivable, or other confirmations we request and will locate any documents selected by us for testing.
At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management’s responsi bility to electronically submit the reporting package (including financial statements, sched ule of expenditures of federal awar ds, summary schedule of prior audit findings, auditor’s reports, and corrective action plan) al ong with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. The Data Collection Form and the reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditor’s reports or nine months after the end of the audit period.
We will provide copies of our reports to the City Council; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection.
The audit documentation for this engagement is the property of Bryant L. Jolley, CPA’s and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to the Department of Transportation or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountab ility Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsib ilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Bryant L. Jolley, CPA personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies.
The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the Departme nt of Transportation. If we are aware that a federal awarding agency, pass-throug h entity, or auditee is c ontesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.
Bryant L. Jolley, CPA is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. We expect to begin our audit on approximately November 2025.
Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc. ) except that we agree that our gross fee, including expenses, will not exceed $58,700, $59,000, $61,100, $62, 300 and $63,500 for fiscal years June 30, 2023, June 30, 2024, June 30, 2025, June 30, 2026 and June 30, 2027, respectively. Our standard hourly rates vary according to the degree of responsibility involv ed and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered upon completion of the audit and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s). You will be obligated to compensate us for a ll time expended and to reimburse us for all out-of-pocket 64 6
costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstance s will not be encounter ed during the engagement. If significant additional time is necessary, we will keep you informed of any problems we encounter and our fees will be adjusted accordingly.
Reporting
We will issue written reports upon completion of our Single Audit. Our reports will be addressed to the City Council of the City of Sanger. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstance s, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or ot her-matter paragraph to our auditor’s report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advanc e. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from this engagement.
The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will state that (1) the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance, and (2) the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control an d compliance. The Uniform Guidance report on internal control over compliance will state that the purpose of the report on internal control over compliance is solely to describe the scope of testing of in ternal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose.
We appreciate the opportunity to be of service to the City of Sanger and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the attached copy and return it to us.
Very truly yours,
Bryant L. Jolley, CPA
RESPONSE:
This letter correctly sets forth the understanding of the City of Sanger.
__________________________
Mr. Nathan Olson, City Manager
65 Attachment 2
66 1
CITY OF SANGER
CONSULTANT SERVICES AGREEMENT
This Consultant Services Agreement ("Agreement”) is entered into between the CITY OF SANGER, a California general law city (“City”) a nd Bryant L. Jolley, CPA ("Consultant”). This Agreement shall be effective on the date signed by City which shall occur after execution by Consultant (“Effective Date”).
RECITALS
A. City has selected Consultant to perform the requested Services on the basis of Consultant's demonstrated competence and professional qualifications.
B. City desires to retain Consultant, and Cons ultant desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:
AGREEMENT
1. Scope of Services. Consultant sh all perform, to the satisfaction of City in accordance with this Agreement, the Services described in the “Scope of Services” set forth in Exhibit A attached hereto and incorporated by refere nce herein, and as may be revise d by mutual agreement of the parties. Consultant warrants that it is qualifie d to perform the Services under this Agreement.
Consultant shall be familiar with and shall comply with all State and Fede ral laws and regulations applicable to the work to be performed under this Agreement.
2. Commencement of Services; Term of Agreement. The term of this Agreement shall be from the Effective Date to June 2028, covering five fiscal year audits
(a) Continuity of Personnel. Consultant shall ma ke every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontr actors assigned to perform the Services under this Agreement. Consultant shal l notify City of any changes in Consultant's staff and subcontractors assigned to perform the Services under this Agreement.
(b) Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those 67 2
set forth in this Agreement or listed in Exhibit "A," unless such additional services are authorized in advance and in writing by the City Manager of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City and Consultant.
3. Compensation for Services. City shall compensa te Consultant for rende ring the Services as follows:
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant per monthly invoice. Both parties agree that Consultant’s proposal to complete the Services is:
Year Audit Cost
Year 1: FY 2023 Audit $58,700
Year 2: FY 2024 Audit 59,900
Year 3: FY 2025 Audit 61,100
Year 4: FY 2026 Audit 62,300
Year 5: FY 2027 Audit 63,500
TOTAL $305,500
(b) Each month Consultant shall invoice City for all work performed and expenses incurred during the preceding month.
(c) City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount, and notify Consultant of the nature and am ount of the disputed charge or expense. The parties shall seek to resolve the disputed items(s) by mutual agreement.
4. Independent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as officers, em ployees, agents or volunteers of City. Nothing contained in this Agreement shal l be deemed to create any cont ractual relationship between City and Consultant’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consu ltant’s employees or subcontractors, any claim or right of action against City.
5. Standard of Care. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the servic es required under this Agreement in a thorough, competent and prof essional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consulta nt shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. Consultant represents that to the extent Consultant utilizes subcont ractors, such subcontracto rs are, and will be, qua lified in their fields.
Consultant also expressly represen ts that both Consultant and its subcontractors, if any, are now, and will be throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Consultant and its su bcontractors, if any, shall utilize the standard of care and skill 68 3
customarily exercised by member s of their profession, shall us e reasonable diligence and best judgment while performing the Servi ces, and shall comply with and keep themse lves informed of all applicable laws and regulations.
6. Identity of Subcontractors and Sub-Consultant s. Consultant shall, before commencing any work under this Agreement, provide to City in writing: (a) the iden tity of all subcontractors and sub-consultants (collectively referred to as "subcontractors" ), if any, Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consulta nt shall only employ subc ontractors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City’s permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.
7. Subcontractor Provisions. Cons ultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consulta nt owes to City; (b) make clear that City intends to rely u pon the reports, opinions, conclu sions and other work product prepared and performed by subcontractors for C onsultant; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.
8. Power to Act on Behalf of City. Consultant shal l not have any right, po wer, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.
9. Record Keeping; Reports. Consultant shall ke ep complete records showing the type of Services performed. Consultant shall be responsi ble and shall require its subcontractors to keep similar records. City shall be given reasonabl e access to the records of Consultant and its subcontractors for inspection and audit purposes. C onsultant shall provide City with a working draft of all reports and five (5 ) copies of all final reports pr epared by Consultant under this Agreement.
10. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services , regardless of the medium, including physical drawings and materials recorded on computer discs (“Work Product”), shall be and remain the property of City. City shall have the right to use, c opy, modify, and reuse th e Work Product as it sees fit. Upon City’s request, Consultant shall make available for inspectio n and copying all such Work Product and all Work Product sh all be turned over to City prom ptly at City’s request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without pr ior written approval of the City Manager. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.
11. Confidentiality. All data, reports, conclusions , opinions, recommendations and other work product prepared and performed by and on behalf of Consultant in connec tion with the Services 69 4
performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential informa tion acquired during perform ance of the Services, except to its agents, employees, affiliates, and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.
12. City Name and Logo. Consultant shall not use C ity’s name or insignia, photographs relating to the City projects for which Consultant’s servi ces are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
13. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an interest, present or contemplated, in the Services. Consultant further warrants that neither Consultant nor any of it s employees have real property, business in terests or income that will be affected by the Services. Consulta nt covenants that no pe rson having any such interest, whether an employee or subcontractor sha ll perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a memb er of any City Board or Co mmission. City understands and acknowledges that Consultant is, as of the date of execution of this Ag reement, independently involved in the performance of non-related servi ces for other governmental agencies and private parties. Consultant is unaware of any stated positio n of City relative to such projects. Any future position of City on such projects shall not be consid ered a conflict of intere st for purposes of this section. City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.
14. Non-liability of Officers and Employees. No officer or employe e of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consulta nt or its successor, or for any breach of any obligation under the terms of this Agreement.
15. City Right to Employ Other Consultants. This Agreement is non-exclusive with Consultant.
City reserves the right to employ other consultants in connection with the Services.
16. Termination of Agreement. This Agreemen t shall terminate upon completion of the Services, or earlier pursuant to the following.
a. . Termination by City: Without Cause. This Agreement may be terminated by City at its discretion upon thirty (30) days prior written notice to Consultant.
b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon twenty (20) days prior written noti ce to the other party of a material breach, and a failure to cure within that time period.
70 5
c. Compensation to Consultant Upon Terminatio n. In the event termination is not due to fault attributable to Consultant and provided all other conditions for payment have been met, Consultant shall be paid compensa tion for services perform ed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in Section 3 herein. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
d. Effect of Termination. Upon receipt of a termination notice (or completion of this Agreement), Consultant shall: (i ) promptly discontinue all Servic es affected (unless the notice directs otherwise); and (ii) deliv er or otherwise make available to the City, without additional compensation, all data, doc uments, procedures, repo rts, estimates, summaries, and such other information and materials as may have been a ccumulated by the Consultant in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, in cluding but not limited to physical drawings, data magnetically or otherwise recorded on computer disk s, or other writings prepared or caused to be prepar ed under this Agreemen t by Consultant. Consu ltant may not refuse to provide such writings or materials for any reason whatsoever.
17. Insurance. Consultant shall obtain and maintain in full force and effe ct during the term of this Agreement the insurance policies set forth in Exhibit "B" attached hereto and incorporated herein by this reference. All insurance policies sh all be subject to City approval as to form and content. Consultant shall provide City with c opies of required certificates of insurance upon request.
18. Indemnity and Defense. Consultant hereby agre es to indemnify, defend and hold the City, its officials, officers, employe es, agents, and volunteers harmle ss from and against all claims, demands, causes of action, actions, damages, losses, expenses, an d other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of the acts, errors, or omission s constituting negligence, gross neglig ence, willful miscond uct or fraud of Consultant or its subcontractors relating to the performance of Servi ces described herein.
Consultant's duty to defend and indemnify City sha ll not extend to injuries or damages that are the result of City's sole negligence or willful misconduct.
Consultant’s duty to defend shall immediately arise when a claim is asserted and/or a lawsuit is initiated against the City arising out of or occurring in connection with the acts, errors, or omissions constituting negligence, gross negligence, fraud or willful misconduct of Consultant or its subcontractors relating to the performance of Serv ices described herein and regardless of whether others may owe the City a duty of defense and/or indemnity. Consu ltant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement for a period of two (2) years.
71 6
19. Assignment. Neither this Agreement nor an y duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein c ontained. In addition, Cons ultant shall not assign the payment of any monies due Consultant from C ity under the terms of this Agreement to any other individual, corporation or entity. City re tains the right to pay any and all monies due Consultant directly to Consultant.
20. Form and Service of Notices. All notices requ ired or permitted to be given under this Agreement shall be in writing and shall be persona lly delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: Administrative Services Director To Consultant: Bryant L. Jolley, CPA City of Sanger
1700 7
th Street
Sanger, CA 93637
901 "N" St., Suite 104
Firebaugh, CA 93622
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three
(3) days after deposit of the same in the custody of the United States Postal Service.
21. Entire Agreement. This Agreement, including the attachments, represents the entire Agreement between City and Consultant and supers edes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.
22. Successors and Assigns. This Agreement shal l be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
23. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.
24. Severability. In the event any te rm or provision of this Agreem ent is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the inte nt and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.
25. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the St ate of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, accor ding to its fair meaning, and not strictly for or against either party. This Agreem ent is entered into by City a nd Consultant in the County of Fresno, California. Consultant shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, ve nue shall only lie with the appropriate state or federal court in Fresno County.
72 7
26. Attorneys Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys' fees and legal expenses.
27. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
28. Third Party Beneficiaries. Nothi ng in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.
29. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
30. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or State law in th e provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected clas s, includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.
31. Compliance with All Laws. In providing the servi ces required under this Agreement, Consultant shall at all times comp ly with all applicable laws of the United States, the State of California, and with all applicable regulations pr omulgated by federal, state, regional, or local administrative and regulatory agen cies, now in force an d as they may be enacted, issued, or amended during the term of this Agreement.
Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below.
Bryant L. Jolley, CPA CITY OF SANGER
By: ya-nP. olley,A
By: _
Nathan Olson, City Manager
Date: Date:
73 8
EXHIBIT A
SCOPE OF SERVICES
Financial Statements Audit
Following the completion of the aud it of the fiscal year’s financia l statements, the auditor shall issue:
1. A report on the fair presentation of the financial statements in conformity with Generally Accepted Accounting Principles (GAAP).
2. A report on compliance and on internal controls over financial reporting based on an audit of financial statements performed in accordance with government auditing standards.
3. A report on compliance with requirements appli cable to each major program and internal control over compliance with OMB Circular A-133, if required.
4. A report on the Sanger Public Financing Authority (RPFA), if required. The City currently does not have activity for this entity.
5. The schedule of expenditures of federal awards.
6. With City staff input, completion and submission of the form SF-SAC through the Federal Clearing House.
7. The upload of the final audit to the State Controller’s Office.
8. The schedule of significant findings and questioned expenses, if required.
9. The status of prior year’s findings and questioned expenses, if required.
10. In the required report(s) on internal controls, the auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or ope ration of the internal control st ructure, which could adversely affect the organization’s ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements.
11. Reportable conditions that are al so material weaknesses shall be identified as such in the report.
12. Non-reportable conditions discovered by the auditors shall be reported in a separate letter to management, which shall be referred to in the report(s) on internal controls.
13. The report on compliance shall include all material instan ces of non-compliance. All non- material instances of non-compliance shall be reported in a separate management letter, which shall be referred to in the report on compliance. 74 9
Measure S Compliance Review
Project tasks shall include, but are not limited to, the following.
1. Follow AU-C Section 935.11 requirements.
2. Gain and document an understand ing of the City of Sanger’s internal control structure relating to Measure S financial transactions in the Measure S Fund.
3. Review Measure S revenues and expenditures for fiscal year 2022-2023 (the period of July 1, 2022 through June 30, 2023) and subsequent fiscal years. Ensure the Supplementary Display of Measure S Schedul e of Sources and Uses as provided in the City’s Comprehensive Annual Financial Report (CAFR) follows the Government Finance Officers Association best practices for additional information for department reports.
4. Review expenditures related to Measure S to determine if the amounts were spent in accordance with Ordinance 1094, Resolution No. 4122, and Resolution No. 4361. 75 10
EXHIBIT B
INSURANCE
A. Insurance Requirements
i. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Consultant’s general liability policies shall be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
ii. Any failure to comply with reporting provisions of the policies by Consultant shall not affect coverage provided by the City.
iii. Coverage shall state that Consultant insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability.
iv. Coverage shall contain a waiver of subrogation in favor of the City.
B. Workers’ Compensation and Employers’ Liability
i. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employers’ Liability Insurance with limits of at least one million dollars ($1,000,000).
Consultant shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
C. All Coverages
i. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days’ prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. ii. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
76 11
iii. Evidence of Insurance – Prior to commencement of work, the Consultant shall furnish the City with certificates, addition
al insured endorsements, and waivers of
subrogation evidencing compliance with the insurance requirements above. The Consultant must agree to provide complete, certified copies of all required insurance policies of requested by the City.
iv. Acceptability of Insurers – Insurance shall be placed with insurers admitted in the State of California with an AM Best rating of A- VII or higher. 77 Prepared by: _Raymond Martin _ Approved by: __Nathan Olson___________________ REVIEW: City Manager: _NCO_____ Finance: ___MS____ City Attorney: __HCM_ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION _X _ Consent
____ Info Item
_X__ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: March 6, 2025
Ag enda Item No.: F-6
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Councilmembers
From: Esperanza Rosales, Public Works Director
Subject: Purchase of a PipeHunter Jetter Trailer from Municipal Maintenance Equipment, Inc.
Attachments: 1) Written Quote
2) Sourcewell Contract
CONF
LICT OF INTEREST:
None
known.
RECO
MMENDATION:
Sta
ff recommends that the City Council:
1. Appr
ove a Cooperative Purchasing Agreement with Municipal Maintenance Equipment, Inc. (MME) for the purchase of a new 5733 Tandem Axle PipeHunter Jetter Trailer; and
2. Aut
horize the City Manager to sign the purchase documents on behalf of the City.
EXE
CUTIVE SUMMARY:
St
aff requests that the City Council approve the purchase of a PipeHunter Trailer from Municipal Maintenance Equipment, Inc. (MME). The City will purchase the new PipeHunter trailer for $113,111.24 utilizing the pricing from Sourcewell , Contract #032824-NAF. Sourcewell provides the City the opportunity to purchase off of nationally, competitively solicited contracts. The FY 2024/25 budget currently has funds appropriated for the purchase of the trailer in the Sewer Fund.
BACK
GROUND:
78 The purchase of a PipeHunter Jetter Trailer is a strategic investment that will enhance the efficiency, cost- effectiveness, and environmental sustainability of our sewer lines, storm drain, and storm basin maintenance operations.
Staff researched the several leading Jetter Trailer manufactures including MME, WECO Industries, A Harben Jetter from Haaker, and US Jetting . Public Works staff meticulously reviewed each trailer along with the available options. After providing feedback to the vendors and engaging in multiple iterations and option adjustments, staff recommended PipeHunter as the best choice for the City and our team.
Staff obtained the pricing utilizing Sourcewell purchasing and is based upon the Cooperative Purchasing Agreement – Contract #032824- NAF. Sanger City Code Section 2- 207 (a) the purchase of supplies, equipment or services through cooperative agreements. Cooperative purchasing is “Procurement conducted by, or on behalf of, one or more Public Procurement Units” as defined by the American Bar Association Model Procurement Code for State and Local Governments. Sourcewell's analysts streamline the procurement process by developing RFPs and IFBs for national, competitive solicitations that meet or exceed local requirements. Sourcewell’s cooperative contract purchasing leverages the national purchasing power of more than 50,000 government and education agencies while also streamlining the required purchasing process. There is no negotiating the prices with the vendors as Sourcewell has already established pricing through a thorough RFP process.
The Jetter Trailer can be used for a variety of applications, including cleaning sewer lines, storm drains, and storm basins. This versatility makes it an asset for the department. Currently, the City only owns a Vactor truck that requires special licensing to operate. There are times when City staff with the required licensing are unavailable to operate it. Additionally, there are many instances where the flushing of lines is minor and does not require the use of the large Vactor truck. In most of these situations, a Jetter Trailer would suffice. By investing in a Jetter Trailer, we can reduce the costs associated with outsourcing sewer cleaning services when City staff with the r equired licensing to operate the Vactor truck are unavailable.
This will result in long -term savings for the department. The new PipeHunter Jetter Trailer will greatly enhance the capabilities of the Public Works Department and will provide valuable service to the community for many years to come.
REASON FOR RECOMMENDATION:
Currently, the City uses the existing Vactor Truck which requires special licensing; however, staff are not required to have special licensing for the Jetter Trailer. By investing in a Jetter Trailer, we can reduce the costs associated with outsourcing and have increased efficiency in sewer cleaning services.
FISCAL IMPACT:
The FY2024/25 budget has existing appropriations in the Sewer Fund, account #621-070-501-7230, for the purchase of a Jetter Trailer. The total cost of the PipeHunter from MME is $113,111.24. The purchase of the Jetter Trailer will be completed using Sourcewell Cooperative Purchasing Agreement – Contract #032824-NAF.
ALTERNATIVES:
Do not approve the budget amendment and purchase. Staff will continue to outsource to third party cleaning services when no staff are available to operate the Vactor Truck. 79 ACTIONS FOLLOWING APPROVAL:
Once approved the City Manager will sign the sales contract on behalf of the City and the process for building the Jetter Trailer will begin. The expected time of delivery for the new Jetter Trailer is estimated to be 150-180 days.
80 ATTACHMENT 1
81 82
83 84
85 ATTACHMENT 2
86 032824-NAF
Rev. 3/2022 1
Solicitation Number: RFP #032824
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC, dba National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
EXPIRATION DATE AND EXTENSION. This Contract expires July 9, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.
B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
87 032824-NAF
Rev. 3/2022 2
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
88 032824-NAF
Rev. 3/2022 3
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
89 032824-NAF
Rev. 3/2022 4
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
90 032824-NAF
Rev. 3/2022 5
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
91 032824-NAF
Rev. 3/2022 6
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted
92 032824-NAF
Rev. 3/2022 7
price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
93 032824-NAF
Rev. 3/2022 8
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
94 032824-NAF
Rev. 3/2022 9
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
95 032824-NAF
Rev. 3/2022 10
14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
96 032824-NAF
Rev. 3/2022 11
The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms
97 032824-NAF
Rev. 3/2022 12
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
98 032824-NAF
Rev. 3/2022 13
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
99 032824-NAF
Rev. 3/2022 14
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with
100
032824-NAF
Rev. 3/2022 15
the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
101
032824-NAF
Rev. 3/2022 16
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and
102
032824-NAF
Rev. 3/2022 17
records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
103
032824-NAF
Rev. 3/2022 18
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell 72 Hour LLC, dba National Auto Fleet Group
By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: National Fleet Manager
Date: ________________________
Date: ________________________
104
5)3&ODVV&KDVVLVDQG&DEVZLWK5HODWHG
(TXLSPHQW$FFHVVRULHVDQG6HUYLFHV
9HQGRU'HWDLOV
&RPSDQ\1DPH
+285//&
'RHV\RXUFRPSDQ\FRQGXFW
EXVLQHVVXQGHUDQ\RWKHUQDPH",I
\HVSOHDVHVWDWH
1DWLRQDO$XWR)OHHW*URXS
$GGUHVV
$XWR&HQWHU'ULYH
:DWVRQYLOOH&$
&RQWDFW
-HVVH&RRSHU
(PDLO
-FRRSHU#QDWLRQDODXWRIOHHWJURXSFRP
3KRQH
)D[
+67
6XEPLVVLRQ'HWDLOV
&UHDWHG2Q
7KXUVGD\)HEUXDU\
6XEPLWWHG2Q
:HGQHVGD\0DUFK
6XEPLWWHG%\
-HVVH&RRSHU
(PDLO
-FRRSHU#QDWLRQDODXWRIOHHWJURXSFRP
7UDQVDFWLRQ
GHIDEDEEI
EI
6XEPLWWHU
V,3$GGUHVV
Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC
105
6SHFLILFDWLRQV
7DEOH
3URSRVHU,GHQWLW\ $XWKRUL]HG5HSUHVHQWDWLYHV
*HQHUDO,QVWUXFWLRQV
DSSOLHVWRDOO7DEOHV
6RXUFHZHOOSUHIHUVDEULHIEXWWKRURXJKUHVSRQVHWRHDFKTXHVWLRQ'RQRWPHUHO\DWWDFKDGGLWLRQDOGRFXPHQWVWR\RXUUHVSRQVHZLWKRXWDOVR SURYLGLQJDVXEVWDQWLYHUHVSRQVH'RQRWOHDYHDQVZHUVEODQN UHVSRQG³1$´LIWKHTXHVWLRQGRHVQRWDSSO\WR\RX
SUHIHUDEO\ZLWKDQH[SODQDWLRQ
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
3URSRVHUௐ/HJDOௐ1DPHௐ
RQHௐOHJDOௐHQWLW\ௐRQO\
ௐௐ
,QௐWKHௐHYHQWௐRI ௐ
DZDUGௐZLOOௐH[HFXWHௐWKHௐUHVXOWLQJௐFRQWUDFWௐDVௐ6XSSOLHU
ௐ+285ௐ//&
,GHQWLI\ௐDOOௐVXEVLGLDU\ௐHQWLWLHVௐRIௐWKHௐ3URSRVHUௐZKRVHௐHTXLSPH QWௐ SURGXFWVௐRUௐVHUYLFHVௐDUHௐLQFOXGHGௐLQௐWKHௐ3URSRVDO
ௐ+RXUௐ//&
,GHQWLI\ௐDOOௐDSSOLFDEOHௐDVVXPHGௐQDPHVௐRUௐ'%$ௐQDPHVௐRIௐWKHௐ 3URSRVHUௐRUௐ3URSRVHU
VௐVXEVLGLDULHVௐLQௐ/LQHௐௐRUௐ/LQHௐௐDERYH
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXS
3URYLGHௐ\RXUௐ&$*(ௐFRGHௐRUௐ8QLTXHௐ(QWLW\ௐ,GHQWLILHUௐ
6$0
<)+' =='<
3URSRVHUௐ3K\VLFDOௐ$GGUHVV
ௐ$XWRௐ&HQWHUௐ'ULYH
:DWVRQYLOOHௐ&$ௐ
3URSRVHUௐZHEVLWHௐDGGUHVVௐ
RUௐDGGUHVVHV
ZZZ1DWLRQDODXWRIOHHWJURXSFRP
3URSRVHU
Vௐ$XWKRUL]HGௐ5HSUHVHQWDWLYHௐ
QDPHௐWLWOHௐDGGUHVVௐHP DLOௐ
DGGUHVVௐ ௐSKRQH
ௐ
7KHௐUHSUHVHQWDWLYHௐPXVWௐKDYHௐDXWKRULW\ௐWRௐ
VLJQௐWKHௐ³3URSRVHU¶Vௐ$VVXUDQFHௐRIௐ&RPSOLDQFH´ௐRQௐEHKDOIௐRIௐWKHௐ 3URSRVHUௐDQGௐLQௐWKHௐHYHQWௐRIௐDZDUGௐZLOOௐEHௐH[SHFWHGௐWRௐH[HFXWHௐ WKHௐUHVXOWLQJௐFRQWUDFW
-HVVHௐ&RRSHU
1DWLRQDOௐ)OHHWௐ0DQDJHU
ௐ$XWRௐ&HQWHUௐ'ULYH
:DWVRQYLOOHௐ&$ௐ
-FRRSHU#QDWLRQDODXWRIOHHWJURXSFRP
3URSRVHU
VௐSULPDU\ௐFRQWDFWௐIRUௐWKLVௐSURSRVDOௐ
QDPHௐWLWOHௐDGGUHVVௐ
HPDLOௐDGGUHVVௐ ௐSKRQH
-HVVHௐ&RRSHU
1DWLRQDOௐ)OHHWௐ0DQDJHU
ௐ$XWRௐ&HQWHUௐ'ULYH
:DWVRQYLOOHௐ&$ௐ
-FRRSHU#QDWLRQDODXWRIOHHWJURXSFRP
3URSRVHU
VௐRWKHUௐFRQWDFWVௐIRUௐWKLVௐSURSRVDOௐLIௐDQ\ௐ
QDPHௐWLWOHௐ
DGGUHVVௐHPDLOௐDGGUHVVௐ ௐSKRQH
&ODUNHௐ&RRSHU
1DWLRQDOௐ)OHHWௐ0DQDJHU
ௐ$XWRௐ&HQWHUௐ'ULYH
:DWVRQYLOOHௐ&$ௐ
&ODUNHFRRSHU#ZDWVRQYLOOHIOHHWJURXSFRPௐ
Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC
106
7DEOH
&RPSDQ\,QIRUPDWLRQDQG)LQDQFLDO6WUHQJWK
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
3URYLGHௐDௐEULHIௐKLVWRU\ௐRIௐ\RXUௐFRPSDQ\ௐLQFOXGLQJௐ\RXUௐ FRPSDQ\¶VௐFRUHௐYDOXHVௐEXVLQHVVௐSKLORVRSK\ௐDQGௐLQGXVWU\ௐ ORQJHYLW\ௐUHODWHGௐWRௐWKHௐUHTXHVWHGௐHTXLSPHQWௐSURGXFWVௐRUௐVHUYLFHV 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐZDVௐHVWDEOLVKHGௐLQௐ
ௐLQௐ6RXWKHUQௐ&DOLIRUQLDௐDQGௐERDVWVௐDௐULFKௐKLVWRU\ௐRIௐIDPLO\GULYHQௐ VXFFHVVௐ)URPௐKXPEOHௐEHJLQQLQJVௐZLWKௐDௐVLQJOHௐGHDOHUVKLSௐZH YHௐJURZQௐLQWRௐDௐQDWLRQZLGHௐQHWZRUNௐRIௐRYHUௐௐ
GHDOHUVKLSVௐWKDQNVௐWRௐWKHௐGHGLFDWLRQௐDQGௐYLVLRQௐRIௐRXUௐIDWKHU 2QHௐRIௐRXUௐFRUHௐYDOXHVௐKDVௐDOZD\VௐEHHQௐIRVWHULQJௐDௐVWURQJௐFRPSDQ\ௐFXOWXUHௐDQGௐZHௐDFKLHYHௐWKLVௐE\ௐSULRULWL]LQJௐLQWHUQDOௐ JURZWKௐ:HௐSURXGO\ௐSURPRWHௐIURPௐZLWKLQௐOHYHUDJLQJௐWKHௐWDOHQWௐDQGௐH[SHULHQFHௐRIௐRXUௐGHGLFDWHGௐWHDPௐPHPEHUVௐ7KLVௐ DSSURDFKௐQRWௐRQO\ௐHQVXUHVௐFRQWLQXLW\ௐDQGௐDௐGHHSௐXQGHUVWDQGLQJௐRIௐRXUௐYDOXHVௐEXWௐDOVRௐIRVWHUVௐDௐVHQVHௐRIௐOR\DOW\ௐDQGௐ EHORQJLQJௐDPRQJௐRXUௐHPSOR\HHV
7KLVௐFRPPLWPHQWௐWRௐLQWHUQDOௐGHYHORSPHQWௐKDVௐEHHQௐLQVWUXPHQWDOௐLQௐRXUௐH[SDQVLRQௐDOORZLQJௐXVௐWRௐFXOWLYDWHௐDௐOHDGHUVKLSௐ WHDPௐWKDWௐHPERGLHVௐRXUௐFRUHௐYDOXHVௐDQGௐGULYHVௐRXUௐFRQWLQXHGௐVXFFHVVௐ:HௐDUHௐSURXGௐRIௐWKHௐMRXUQH\ௐZH YHௐWDNHQௐDQGௐ
H[FLWHGௐIRUௐWKHௐIXWXUHௐDVௐZHௐFRQWLQXHௐWRௐHPSRZHUௐRXUௐWHDPௐDQGௐSURYLGHௐH[FHSWLRQDOௐVHUYLFHௐWRௐRXUௐFXVWRPHUV )RUௐRYHUௐௐ\HDUVௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐKDVௐUHPDLQHGௐDௐIDPLO\RZQHGௐDQGௐRSHUDWHGௐFRPSDQ\ௐ7KHௐ&RRSHUௐIDPLO\ௐ KDVௐGHHSௐURRWVௐLQௐWKHௐDXWRPRELOHௐLQGXVWU\ௐZLWKௐDௐSDVVLRQௐIRUௐH[FHHGLQJௐH[SHFWDWLRQVௐSDVVHGௐGRZQௐWKURXJKௐJHQHUDWLRQVௐ 7RGD\ௐHYHQௐRXUௐIXWXUHௐJHQHUDWLRQVௐDUHௐOHDUQLQJௐWKHௐURSHVௐHQVXULQJௐGHFDGHVௐPRUHௐRIௐLQGXVWU\ௐOHDGHUVKLS :HௐDUHQ
WௐMXVWௐVHOOLQJௐYHKLFOHV
ௐZH
UHௐEXLOGLQJௐUHODWLRQVKLSVௐWKDWௐODVWௐ2XUௐIDPLO\ௐYDOXHVௐRIௐLQWHJULW\ௐGHGLFDWLRQௐDQGௐ FXVWRPHUௐVHUYLFHௐSHUPHDWHௐHYHU\WKLQJௐZHௐGRௐ7KLVௐFRPPLWPHQWௐKDVௐHDUQHGௐXVௐQXPHURXVௐLQGXVWU\ௐDZDUGVௐDQGௐWKHௐWUXVWௐ RIௐFRXQWOHVVௐFOLHQWVௐ%XWௐWKLVௐLVௐMXVWௐWKHௐEHJLQQLQJௐ:LWKௐIUHVKௐSHUVSHFWLYHVௐIURPௐIXWXUHௐJHQHUDWLRQVௐMRLQLQJௐWKHௐWHDPௐ ZH
UHௐH[FLWHGௐWRௐOHDGௐWKHௐLQGXVWU\ௐIRUௐGHFDGHVௐWRௐFRPH
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐLVQ
WௐMXVWௐDERXWௐGHOLYHULQJௐYHKLFOHV
ௐLW
VௐDERXWௐGHOLYHULQJௐSHDFHௐRIௐPLQGௐ2XUௐXQZDYHULQJௐ
FRPPLWPHQWௐWRௐWKHௐௐ5,*+7V
ௐGHOLYHULQJௐWKHௐ5,*+7ௐYHKLFOHௐDWௐWKHௐ5,*+7ௐWLPHௐWRௐWKHௐ5,*+7ௐSODFHௐDQGௐDWௐWKHௐ5,*+7ௐ SULFHௐHQVXUHVௐRXUௐFOLHQWVௐH[SHULHQFHௐXQPDWFKHGௐVDWLVIDFWLRQௐDQGௐVXFFHVV 6LQFHௐ
ௐZH
YHௐZLWQHVVHGௐWKHௐDXWRௐLQGXVWU\ௐVKLIWௐJHDUVௐHYROYLQJௐIURPௐJDVSRZHUHGௐPDFKLQHVௐWRௐWKHௐFXWWLQJௐHGJHௐRIௐ DOOHOHFWULFௐDQGௐIXHOௐFHOOௐWHFKQRORJ\ௐ7KURXJKௐLWௐDOOௐRQHௐWKLQJௐKDVௐUHPDLQHGௐFRQVWDQW ௐRXUௐFRUHௐYDOXHV
(YHQௐLQௐWRGD\
VௐUDSLGO\ௐFKDQJLQJௐODQGVFDSHௐZHௐKROGௐVWHDGIDVWௐWRௐWKHௐSULQFLSOHVௐWKDWௐKDYHௐJXLGHGௐXVௐIRUௐGHFDGHVௐ7KHVHௐ YDOXHVௐ±ௐLQWHUQDOௐJURZWKௐFXVWRPHUௐIRFXVௐHIILFLHQF\ௐWHDPZRUNௐDFFRXQWDELOLW\ௐDQGௐLQWHJULW\ௐDUHௐWKHௐHQJLQHௐWKDWௐSRZHUVௐ RXUௐJURZWKௐDQGௐIXHOVௐRXUௐFRPPLWPHQWௐWRௐH[FHHGLQJௐH[SHFWDWLRQV :KLOHௐWKHௐYHKLFOHVௐZHௐRIIHUௐPD\ௐKDYHௐFKDQJHGௐRXUௐGHGLFDWLRQௐWRௐSURYLGLQJௐVXSHULRUௐFXVWRPHUௐVHUYLFHௐUHPDLQVௐDVௐVWURQJௐ DVௐHYHUௐ:HௐHPEUDFHௐWKHௐIXWXUHௐZLWKௐWKHௐVDPHௐSDVVLRQௐDQGௐGHWHUPLQDWLRQௐWKDWௐIXHOHGௐRXUௐVXFFHVVௐLQௐWKHௐSDVWௐHQVXULQJௐ WKDWௐRXUௐFXVWRPHUVௐFRQWLQXHௐWRௐUHFHLYHௐWKHௐH[FHSWLRQDOௐVHUYLFHௐWKH\ௐGHVHUYH
:KDWௐDUHௐ\RXUௐFRPSDQ\¶VௐH[SHFWDWLRQVௐLQௐWKHௐHYHQWௐRIௐDQௐDZDUG " 6HFXULQJௐDQRWKHUௐ6RXUFHZHOOௐFRQWUDFWௐZRXOGௐPDUNௐRXUௐVL[WKௐSURSHOOLQJௐXVௐWRௐHYHQௐJUHDWHUௐKHLJKWVௐE\ௐOHYHUDJLQJௐRXUௐ SURYHQௐWUDFNௐUHFRUGௐRIௐVHUYLQJௐFXVWRPHUVௐQDWLRQZLGHௐ7KLVௐH[SDQVLRQௐIXHOVௐRXUௐFRPPLWPHQWௐWRௐLQYHVWௐLQௐRXUௐGLYLVLRQVௐ SDUWLFXODUO\ௐRXUௐ3DUWQHUௐ3URJUDPௐ
GHWDLOVௐLQௐXSORDGHGௐ=LSௐILOH
ௐ7KLVௐLQQRYDWLYHௐSURJUDPௐHPSRZHUVௐPHPEHUVௐWRௐ
UHFRPPHQGௐORFDOௐXSILWWHUVௐIRVWHULQJௐZLQZLQௐSDUWQHUVKLSVௐDQGௐGHOLYHULQJ
'HPRQVWUDWHௐ\RXUௐILQDQFLDOௐVWUHQJWKௐDQGௐVWDELOLW\ௐZLWKௐPHDQLQJIXOௐ GDWDௐ7KLVௐFRXOGௐLQFOXGHௐVXFKௐLWHPVௐDVௐILQDQFLDOௐVWDWHPHQWVௐ6(&ௐ ILOLQJVௐFUHGLWௐDQGௐERQGௐUDWLQJVௐOHWWHUVௐRIௐFUHGLWௐDQGௐGHWDLOHGௐ UHIHUHQFHௐOHWWHUVௐ8SORDGௐVXSSRUWLQJௐGRFXPHQWVௐ
DVௐDSSOLFDEOH
ௐLQௐ
WKHௐGRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH
:HௐKDYHௐGHPRQVWUDWHGௐWKURXJKRXWௐWKHௐSDVWௐௐ\HDUVௐWRௐRXUௐILQDQFLDOௐLQVWLWXWLRQVௐWKDWௐZHௐVWDELOLW\ௐLQௐWKHௐPDUNHWௐSODFHௐ DQGௐZLWKௐWKLVௐPHDQLQJௐGDWDௐRXUௐEDQNௐKDVௐSURYLGHGௐXVௐZLWKௐDௐௐௐIORRUௐSODQௐOLPLWௐWRௐKHOSௐLQௐRXUௐJURZLQJௐ RSHUDWLRQVௐZKLFKௐLQFOXGHௐ6RXUFHZHOOௐ0HPEHUV
:KDWௐLVௐ\RXUௐ86ௐPDUNHWௐVKDUHௐIRUௐWKHௐVROXWLRQVௐWKDWௐ\RXௐDUHௐ SURSRVLQJ"
2XUௐ86ௐPDUNHWௐVKDUHௐIRUௐWKHௐSURGXFWVௐDQGௐPRGHOVௐZHௐDUHௐRIIHULQJௐLVௐURXJKO\ௐௐDVௐUHSUHVHQWHGௐE\ௐWKHௐௐ PDQXIDFWXUHUV
:KDWௐLVௐ\RXUௐ&DQDGLDQௐPDUNHWௐVKDUHௐIRUௐWKHௐVROXWLRQVௐWKDWௐ\RX ௐ DUHௐSURSRVLQJ"
:KLOHௐZHௐKDYHQ
Wௐ\HWௐHQWHUHGௐWKHௐ&DQDGLDQௐPDUNHWௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXS VௐSURYHQௐWUDFNௐUHFRUGௐRIௐVXFFHVVௐIXHOVௐ
RXUௐDJJUHVVLYHௐH[SDQVLRQௐSODQVௐZLWKௐDௐVWURQJௐIRFXVௐRQௐLQWHUQDWLRQDOௐPDUNHWVௐOLNHௐ&DQDGDௐ:HௐDUHௐFRQILGHQWௐWKDWௐRXUௐ H[SHUWLVHௐDQGௐFRPPLWPHQWௐWRௐLQQRYDWLRQௐZLOOௐDOORZௐXVௐWRௐPDNHௐDௐVLJQLILFDQWௐLPSDFWௐLQௐWKHௐQHDUௐIXWXUHௐH[SDQGLQJௐRXUௐ UHDFKௐDQGௐVHUYLQJௐFXVWRPHUVௐDFURVVௐQHZௐERUGHUV
+DVௐ\RXUௐEXVLQHVVௐHYHUௐSHWLWLRQHGௐIRUௐEDQNUXSWF\ௐSURWHFWLRQ"ௐ ,Iௐ VRௐH[SODLQௐLQௐGHWDLO
1R
+RZௐLVௐ\RXUௐRUJDQL]DWLRQௐEHVWௐGHVFULEHG
ௐLVௐLWௐDௐPDQXIDFWXUHU ௐDௐ
GLVWULEXWRUGHDOHUUHVHOOHUௐRUௐDௐVHUYLFHௐSURYLGHU"ௐௐ$QVZHUௐ ZKLFKHYHUௐTXHVWLRQௐ
HLWKHUௐD
ௐRUௐE
ௐMXVWௐEHORZ
ௐEHVWௐDSSOLHVௐWRௐ
\RXUௐRUJDQL]DWLRQ
D
ௐௐௐௐ,Iௐ\RXUௐFRPSDQ\ௐLVௐEHVWௐGHVFULEHGௐDVௐDௐ
GLVWULEXWRUGHDOHUUHVHOOHUௐ
RUௐVLPLODUௐHQWLW\
ௐSURYLGHௐ\RXUௐZULWWHQௐ
DXWKRUL]DWLRQௐWRௐDFWௐDVௐDௐGLVWULEXWRUGHDOHUUHVHOOHUௐIRUௐWKHௐ PDQXIDFWXUHUௐRIௐWKHௐSURGXFWVௐSURSRVHGௐLQௐWKLVௐ5)3ௐ,IௐDSSOLFDEOHௐ LVௐ\RXUௐGHDOHUௐQHWZRUNௐLQGHSHQGHQWௐRUௐFRPSDQ\ௐRZQHG"
E
ௐௐௐௐ,Iௐ\RXUௐFRPSDQ\ௐLVௐEHVWௐGHVFULEHGௐDVௐDௐPDQXIDFWXUHUௐRUௐ VHUYLFHௐSURYLGHUௐGHVFULEHௐ\RXUௐUHODWLRQVKLSௐZLWKௐ\RXUௐVDOHVௐDQGௐ VHUYLFHௐIRUFHௐDQGௐZLWKௐ\RXUௐGHDOHUௐQHWZRUNௐLQௐGHOLYHULQJௐWKHௐ SURGXFWVௐDQGௐVHUYLFHVௐSURSRVHGௐLQௐWKLVௐ5)3ௐ$UHௐWKHVHௐ
LQGLYLGXDOVௐ\RXUௐHPSOR\HHVௐRUௐWKHௐHPSOR\HHVௐRIௐDௐWKLUGௐSDUW\" $
ௐZHௐDUHௐEHVWௐGHVFULEHGௐDVௐDௐGLVWULEXWRUGHDOHUUHVHOOHUௐDQGௐDOOௐRXUௐZULWWHQௐDXWKRUL]DWLRQௐGRFXPHQWVௐDUHௐDWWDFKHGௐLQௐWKHௐ 5HODWHGௐ&HUWLILFDWHVௐVHFWLRQ
,IௐDSSOLFDEOHௐSURYLGHௐDௐGHWDLOHGௐH[SODQDWLRQௐRXWOLQLQJௐWKHௐOLFHQVHVௐ DQGௐFHUWLILFDWLRQVௐWKDWௐDUHௐERWKௐUHTXLUHGௐWRௐEHௐKHOGௐDQGௐDFWXDOO\ௐ KHOGௐE\ௐ\RXUௐRUJDQL]DWLRQௐ
LQFOXGLQJௐWKLUGௐSDUWLHVௐDQGௐ
VXEFRQWUDFWRUVௐWKDWௐ\RXௐXVH
ௐLQௐSXUVXLWௐRIௐWKHௐEXVLQHVVௐ
FRQWHPSODWHGௐE\ௐWKLVௐ5)3
:KDWௐLVௐUHTXLUHGௐGRHVௐYDU\ௐIURPௐVWDWHௐWRௐVWDWHௐKRZHYHUௐZHௐௐ+RXUௐ//&ௐGRௐKROGௐDOOௐDSSOLFDEOHௐOLFHQVHVௐDQGௐ FHUWLILFDWLRQVௐUHTXLUHGௐE\ௐWKHௐ6WDWHௐRIௐ&DOLIRUQLDௐWRௐVHOOௐVHUYLFHௐDQGௐGHOLYHU\ௐ1HZ8QXVHGௐ9HKLFOHVௐZHௐDUHௐIUDQFKLVHGௐIRUௐ DQGௐVHOOௐVHUYLFHௐDQGௐGHOLYHU\ௐDQ\ௐYHKLFOHௐZHௐDUHௐQRWௐIUDQFKLVHGௐIRUௐWKURXJKௐRXUௐUHVHOOHUVௐSHUPLWௐ$OOௐRXUௐGHDOHUௐSDUWQHUVௐ DFURVVௐWKHௐFRXQW\ௐKDYHௐSURYLGHௐXVௐZLWKௐWKHUHௐGHDOHUௐFHUWLILFDWHVௐDQGௐGHSDUWPHQWௐRIௐPRWRUௐYHKLFOHVௐFHUWLILFDWHVௐWRௐDOORZௐ 1$)*ௐWRௐSDUWQHUௐDQGௐVHOOௐWKHUHௐSURGXFWVௐ$OOௐGRFXPHQWVௐDUHௐDWWDFKHGௐLQௐWKHௐ&HUWLILFDWHVௐVHFWLRQ
3URYLGHௐDOOௐ³6XVSHQVLRQௐRUௐ'HEDUPHQW´ௐLQIRUPDWLRQௐWKDWௐKDVௐ DSSOLHGௐWRௐ\RXUௐRUJDQL]DWLRQௐGXULQJௐWKHௐSDVWௐWHQௐ\HDUV 1RQHௐH[LVW
Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC
107
7DEOH
,QGXVWU\5HFRJQLWLRQ 0DUNHWSODFH6XFFHVV
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
'HVFULEHௐDQ\ௐUHOHYDQWௐLQGXVWU\ௐDZDUGVௐRUௐUHFRJQLWLRQௐWKDWௐ\RX Uௐ FRPSDQ\ௐKDVௐUHFHLYHGௐLQௐWKHௐSDVWௐILYHௐ\HDUV
1$)*ௐKDVௐDௐVWURQJௐWUDFNௐUHFRUGௐRIௐVXFFHVVௐFRQVLVWHQWO\ௐUDQNLQJௐDPRQJௐWKHௐWRSௐGHDOHUVKLSVௐLQௐ*RYHUQPHQWௐ6DOHVௐIRUௐ )RUGௐ0RWRUௐ&RPSDQ\ௐDQGௐUHFHLYLQJௐKLJKௐUHFRJQLWLRQௐIURPௐ*HQHUDOௐ0RWRUVௐIRUௐLWVௐ&KHYUROHWௐEUDQG 7KHௐPRVWௐSURGLJLRXVௐDZDUGௐ1$)*ௐKDVௐUHFHLYHGௐLQௐWKHௐSDVWௐௐ\HDUVௐZRXOGௐEH ௐ7RSௐ3ODFHPHQWௐLQௐ)RUGௐ0RWRUௐ
&RPSDQ\ௐDVௐDௐOHDGLQJௐGHDOHUVKLSௐLQௐ*RYHUQPHQWௐ6DOHVௐIROORZHGௐE\ௐRXUௐKLJKௐUDQNLQJௐUHFRJQLWLRQௐIURPௐ*HQHUDOௐ0RWRUVௐ IRUௐRXUௐ&KHYUROHWௐEUDQGௐ%RWKௐ1$)*ௐKDVௐUHFHLYHGௐௐRIௐWKHௐSDVWௐௐ\HDUV
:KDWௐSHUFHQWDJHௐRIௐ\RXUௐVDOHVௐDUHௐWRௐWKHௐJRYHUQPHQWDOௐVHFWRUௐLQௐ WKHௐSDVWௐWKUHHௐ\HDUV
,QௐRXUௐGLYLVLRQௐLQௐ)OHHWௐZHௐKDYHௐVROGௐDERXWௐ
ௐWRௐ*RYHUQPHQWௐDFFRXQWV
:KDWௐSHUFHQWDJHௐRIௐ\RXUௐVDOHVௐDUHௐWRௐWKHௐHGXFDWLRQௐVHFWRUௐLQௐ WKHௐ SDVWௐWKUHHௐ\HDUV
$VௐDௐSHUFHQWDJHௐRIௐRXUௐVDOHVௐLQௐWKHௐ*RYHUQPHQWௐDERXWௐௐZRXOGௐEHௐFRQVLGHUHGௐWRௐ8QLYHUVLWLHVௐDQGௐ8QLILHGௐ6FKRROௐ 'LVWULFWV
/LVWௐDQ\ௐVWDWHௐSURYLQFLDOௐRUௐFRRSHUDWLYHௐSXUFKDVLQJௐFRQWUDF WVௐWKDWௐ \RXௐKROGௐ
:KDWௐLVௐWKHௐDQQXDOௐVDOHVௐYROXPHௐIRUௐHDFKௐRIௐWKHVHௐFRQWUDFWVௐRYHUௐ WKHௐSDVWௐWKUHHௐ\HDUV"
:HௐKROGௐWKHௐ6WDWHௐRIௐ&DOLIRUQLDௐFRQWUDFWௐZLWKௐYROXPHVௐIURPௐௐWRௐௐXQLWVௐDௐ\HDUௐGXULQJௐWKHௐSDVWௐWKUHHௐ\HDUVௐ 6HFRQGௐRXUௐ6RXUFHZHOOௐ&RQWUDFW
Vௐ
ௐDQGௐ
ௐZKLFKௐRYHUௐWKHௐSDVWௐWKUHHௐ\HDUV
/$':3ௐ&RQWUDFWVௐYDOXHGௐRYHUௐௐ
&LW\ௐRIௐ6DQௐ'LHJRௐ&RQWUDFWVௐYDOXHGௐRYHUௐௐ
/LVWௐDQ\ௐ*6$ௐFRQWUDFWVௐRUௐ6WDQGLQJௐ2IIHUVௐDQGௐ6XSSO\ௐ $UUDQJHPHQWVௐ
626$
ௐWKDWௐ\RXௐKROGௐ
:KDWௐLVௐWKHௐDQQXDOௐVDOHVௐYROXPHௐIRUௐHDFKௐRIௐWKHVHௐFRQWUDFWVௐRYHUௐ WKHௐSDVWௐWKUHHௐ\HDUV"
1$)*ௐIRFXVௐLVௐRQௐRXUௐ6RXUFHZHOOௐ&RQWUDFWVௐZHௐGRௐQRWௐKROGௐDQ\ௐRWKHUௐEHVLGHVௐWKHௐ6WDWHௐRIௐ &DOLIRUQLD
7DEOH
5HIHUHQFHV7HVWLPRQLDOV
/LQH,WHP 6XSSO\UHIHUHQFHLQIRUPDWLRQIURPWKUHHFXVWRPHUVZKRDUHHOLJLEOHWREH6RXUFHZHOOSDUWLFLSDWLQJHQWLWLHV (QWLW\1DPH
&RQWDFW1DPH
3KRQH1XPEHU
3RUWௐRIௐ/RVௐ$QJHOHVௐ
&$
'DYLGௐ&RPHU
/RVௐ$QJHOHVௐ'HSDUWPHQWௐRIௐ:DWHUௐ ௐ3RZHUௐ
&$
3KLOLSௐ/\
&LW\ௐRIௐ-HUVH\ௐ&LW\ௐ
1-
-DPHVௐ/RYHUR
:DVKLQJWRQௐ6XEXUEDQௐ6DQLWDU\ௐ&RPPLVVLRQௐ
0DU\ODQG
-DUUHWWௐ%DXPJ DUWQHU
7RZQௐRIௐ+HPSVWHDGௐ
1<
&KULVW RSKHUௐ&DUWHU
7DEOH
7RS)LYH*RYHUQPHQWRU(GXFDWLRQ&XVWRPHUV
/LQH,WHP 3URYLGHDOLVWRI\RXUWRSILYHJRYHUQPHQWHGXFDWLRQRUQRQSURILWFXVWRPHUV HQWLW\QDPHLVRSWLRQDO
LQFOXGLQJHQWLW\W\SHWKHVWDWHRUSURYLQFHWKHHQWLW\LVORFDWHGLQVFRSH RIWKHSURMHFW
V
VL]HRIWUDQVDFWLRQ
V
DQGGROODUYROXPHVIURPWKHSDVWWKUHH\HDUV
(QWLW\1DPH (QWLW\7\SH
6WDWH3URYLQFH
6FRSHRI:RUN
6L]HRI7UDQVDFWLRQV
'ROODU9ROXPH3DVW7KUHH
<HDUV
3RUWௐRIௐ/RVௐ$QJHOHVௐ
0Uௐ'DYLGௐ&RPHU
*RYHUQPHQW &DOLIRUQLD&$ 3URYLGHGௐ1HZௐ9HKLFOHVௐZLWKௐ8SILWV 2YHUௐ 2YHUௐௐ
/RVௐ$QJHOHVௐ'HSDUWPHQWௐRIௐ
:DWHUௐ ௐ3RZHUௐ
0Uௐ3KLOLSௐ/\ௐ
*RYHUQPHQW &DOLIRUQLD&$ 3URYLGHGௐ1HZௐ9HKLFOHVௐZLWKௐ8SILWV 2YHUௐௐ 2YHUௐௐ
&LW\ௐRIௐ-HUVH\ௐ&LW\ௐ
0Uௐ-DPHVௐ/RYHURௐ
*RYHUQPHQW 1HZ-HUVH\1- 3URYLGHGௐ1HZௐ9HKLFOHVௐZLWKௐ8SILWV 2YHUௐ 2YHUௐௐ
:DVKLQJWRQௐ6XEXUEDQௐ
6DQLWDU\ௐ&RPPLVVLRQௐ
0Uௐ-DUUHWWௐ%DXPJDUWQHU
*RYHUQPHQW 0DU\ODQG0' 3URYLGHGௐ1HZௐ9HKLFOHVௐZLWKௐ8SILWV 2YHUௐ 2YHUௐௐ
(Oௐ3DVRௐ:DWHUௐ
0Uௐ,YDQௐ,EDUUDௐ
*RYHUQPHQW 7H[DV7; 3URYLGHGௐ1HZௐ9HKLFOHVௐZLWKௐ8SILWV 2YHUௐ 2YHUௐௐ
Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC
108
7DEOH
$ELOLW\WR6HOODQG'HOLYHU6HUYLFH
'HVFULEH\RXUFRPSDQ\¶VFDSDELOLW\WRPHHWWKHQHHGVRI6RXUFHZHOOSDUWLFLSDWLQJHQWLWLHVDFURVVWKH86DQG&DQDGDDVDSSOLFDEOH <RXUUHVSRQVHVKRXOGDGGUHVVLQGHWDLODWOHDVWWKHIROORZLQJDUHDV ORFDWLRQVRI\RXUQHWZRUNRIVDOHVDQGVHUYLFHSURYLGHUVWKHQXPEHURIZRUNHUV IXOOWLPHHTXLYDOHQWV
LQYROYHGLQHDFK
VHFWRUZKHWKHUWKHVHZRUNHUVDUH\RXUGLUHFWHPSOR\HHV RUHPSOR\HHVRIDWKLUGSDUW\
DQGDQ\RYHUODSEHWZHHQWKHVDOHVDQGVHUYLFHIXQFWLRQV /LQH
,WHP 4XHVWLRQ 5HVSRQVH
6DOHVௐIRUFH 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐERDVWVௐDௐUREXVWௐVDOHVௐI RUFHௐH[FHHGLQJௐௐGHGLFDWHGௐSHUVRQQHOௐ7KLVௐLQFOXGHVௐERWKௐGLUHFWௐ HPSOR\HHVௐDQGௐDௐQHWZRUNௐRIௐSDUWQHUௐGHDOHUVௐHQVXULQJௐFRPSUHKHQVLYHௐVXSSRUWௐIRUௐGHDOHUVKLSVௐDQGௐRXUௐGHGLFDWHGௐIOHHWௐ GLYLVLRQௐ2XUௐLQGLUHFWௐVDOHVௐIRUFHௐVHDPOHVVO\ௐFRPSOHPHQWVௐRXUௐGLUHFWௐWHDPௐHIIHFWLYHO\ௐVHUYLQJௐH[LVWLQJௐPHPEHUௐQHHGVௐ $VௐRXUௐPHPEHUௐEDVHௐH[SDQGVௐZH
UHௐFRPPLWWHGௐWRௐVFDOLQJௐRXUௐWHDPௐDFFRUGLQJO\ௐWRௐPDLQWDLQௐH[FHSWLRQDOௐVHUYLFHௐOHYHOV
'HDOHUௐQHWZRUNௐRUௐRWKHUௐGLVWULEXWLRQௐPHWKRGV 1$)*ௐOHYHUDJHVௐD QௐXQSDUDOOHOHGௐIUDQFKLVHௐQHWZRUNௐHQFRPSDVVLQJௐௐOHDGLQJௐPDQXIDFWXUHUVௐ7KHVHௐLQGXVWU\ௐJLDQWVௐOLNHௐ
)RUGௐ0RWRUௐ&RPSDQ\ௐ*HQHUDOௐ0RWRUVௐ&'-5ௐHWF
ௐERDVWௐDௐQDWLRQZLGHௐSUHVHQFHௐHQVXULQJௐRXUௐPHPEHUVௐUHFHLYHௐ VHDPOHVVௐVHUYLFHௐDQGௐZDUUDQW\ௐUHSDLUVௐIRUௐWKHLUௐYHKLFOHVௐ+LVWRULFDOO\ௐDXWRௐPDQXIDFWXUHUVௐKDYHௐIDFHGௐFKDOOHQJHVௐLQௐ GLVWULEXWLQJௐDXWRPRELOHVௐDQGௐFDEௐFKDVVLVௐ+RZHYHUௐWKHௐ8QLWHGௐ6WDWHVௐERDVWVௐWKHௐZRUOG VௐPRVWௐHIILFLHQWௐDXWRPRWLYHௐ
VXSSO\ௐFKDLQௐQHWZRUNௐDQGௐDVௐIUDQFKLVHGௐGHDOHUVௐRIௐWKHVHௐUHQRZQHGௐEUDQGVௐ1$)*ௐFDSLWDOL]HVௐRQௐWKLVௐDGYDQWDJHௐWRௐ HIILFLHQWO\ௐVKLSௐDQGௐVXSSO\ௐYHKLFOHVௐWRௐRXUௐPHPEHUVௐQDWLRQZLGH
6HUYLFHௐIRUFH 2XUௐH[WHQVLYHௐQHWZRUNௐRIௐVHUYLFHௐORFDWLRQVௐVSDQQLQJௐWKRXVDQGVௐRIௐIDFLOLWLHVௐDFURVVௐRXUௐௐPDQXIDFWXUHUVௐHQVXUHVௐ FRQYHQLHQWௐDFFHVVௐIRUௐRXUௐPHPEHUVௐ7KLVௐFRPSUHKHQVLYHௐFRYHUDJHௐDOORZVௐWKHPௐWRௐHDVLO\ௐILQGௐVHUYLFHௐVWDWLRQVௐRUௐ ZDUUDQW\ௐUHSDLUௐIDFLOLWLHVௐQHDUE\ௐPLQLPL]LQJௐGRZQWLPHௐDQGௐPD[LPL]LQJௐFRQYHQLHQFHௐ:KLOHௐ$ODVNDௐDQGௐ+DZDLLௐPD\ௐKDYHௐ VOLJKWO\ௐODUJHUௐGLVWDQFHVௐEHWZHHQௐGHDOHUVKLSVௐRXUௐPHPEHUVௐFDQௐVWLOOௐUHO\ௐRQௐRXUௐQHWZRUNௐIRUௐVXSSRUWௐSRWHQWLDOO\ௐZLWKௐ H[WHQGHGௐOHDGௐWLPHV
'HVFULEHௐWKHௐRUGHULQJௐSURFHVVௐ,IௐRUGHUVௐZLOOௐEHௐKDQGOHGௐE\ௐ GLVWULEXWRUVௐGHDOHUVௐRUௐRWKHUVௐH[SODLQௐWKHௐUHVSHFWLYHௐUROHVௐRIௐWKHௐ 3URSRVHUௐDQGௐRWKHUV
0HPEHUVௐFDQௐSODFHௐRUGHUVௐZLWKௐ1$)*ௐIRUௐDOOௐSURGXFWVௐZHௐDUHௐRIIHULQJௐZHௐZLOOௐHLWKHUௐSODFHௐWKHௐRUGHUௐZLWKௐWKHௐ2(0ௐDVௐ ZHௐDUHௐIUDQFKLVHGௐIRUௐRUௐZHௐZLOOௐSURYLGHௐWKHௐRUGHUௐWRௐRXUௐSDUWQHUௐGHDOHUௐZKRௐZDVௐSDUWௐRIௐWKHௐTXRWHௐJHQHUDWLRQௐIURPௐWKHௐ VWDUWௐZLWKௐWKHௐPHPEHUௐVRௐZHௐFDQௐDOORZௐWKHUHௐUHODWLRQVKLSௐWRௐPDLQWDLQௐZKLOHௐVHUYLQJௐWKHௐPHPEHUௐ1$)*ௐPDLQWDLQVௐWKHௐ UROHௐRIௐDGPLQLVWHULQJௐDQGௐIDFLOLWDWLQJௐWKHௐWUDQVDFWLRQௐEHWZHHQௐWKHௐPHPEHUௐDQGௐWKHௐ2(0ௐGHDOHU
'HVFULEHௐLQௐGHWDLOௐWKHௐSURFHVVௐDQGௐSURFHGXUHௐRIௐ\RXUௐFXVWRPHU ௐ VHUYLFHௐSURJUDPௐLIௐDSSOLFDEOH
,QFOXGHௐ\RXUௐUHVSRQVHWLPHௐFDSDELOLWLHVௐDQGௐFRPPLWPHQWVௐDVௐZHOOௐ DVௐDQ\ௐLQFHQWLYHVௐWKDWௐKHOSௐ\RXUௐSURYLGHUVௐPHHWௐ\RXUௐVWDWHGௐ VHUYLFHௐJRDOVௐRUௐSURPLVHV
,ௐXQGHUVWDQGௐWKDWௐ\RXௐZDQWௐPHௐWRௐXVHௐWKHௐLQIRUPDWLRQௐLQௐ\RXUௐ=,3ௐILOHௐVSHFLILFDOO\ௐWKHௐ0HPEHUௐ:DONௐ7KURXJKௐGRFXPHQWௐ DVௐDௐUHIHUHQFHௐWRௐH[SODLQௐ\RXUௐ&XVWRPHUௐ6HUYLFHௐSURJUDPVௐ+HUH VௐDௐEUHDNGRZQௐEDVHGௐRQௐWKHௐLQIRUPDWLRQௐ\RXௐSURYLGHG
2EWDLQLQJௐ4XRWHVௐ2QOLQH
Ɣௐௐௐௐ0HPEHUVௐFDQௐUHJLVWHUௐRQௐRXUௐZHEVLWHௐ
KWWSV
ZZZQDWLRQDODXWRIOHHWJURXSFRP
ௐIRUௐIUHHௐ7KLVௐSURWHFWVௐPHPEHUௐ
SULFLQJ
Ɣௐௐௐௐ$IWHUௐUHJLVWUDWLRQௐWKH\
OOௐUHFHLYHௐDௐZHOFRPHௐHPDLOௐZLWKௐDௐGHPRௐYLGHRௐH[SODLQLQJௐWKHௐZHEVLWH Ɣௐௐௐௐ$ௐVHFXUHௐGDVKERDUGௐNHHSVௐDOOௐTXRWHVௐRUJDQL]HG
Ɣௐௐௐௐ0HPEHUVௐFKRRVHௐWKHLUௐGHVLUHGௐEUDQGௐPRGHOௐ\HDUௐDQGௐFDWHJRU\ௐ FDUVௐYDQVௐHWF
Ɣௐௐௐௐ)LOWHUVௐKHOSௐQDUURZௐGRZQௐRSWLRQVௐ
FDEௐVW\OHௐGULYHWUDLQௐEHGௐOHQJWK
Ɣௐௐௐௐ$OOௐDYDLODEOHௐIDFWRU\ௐRSWLRQVௐDUHௐGLVSOD\HGௐIRUௐHDV\ௐVHOHFWLRQ Ɣௐௐௐௐ6RXUFHZHOOௐ3ULFHௐUHSRUWVௐVKRZௐ0653ௐPHPEHUௐSULFHௐDQGௐVDYLQJVௐ SHUFHQWDJHௐDQGௐGROODUௐDPRXQW
Ɣௐௐௐௐ2SWLRQDOௐH[WUDVௐLQFOXGHௐDGGLWLRQDOௐNH\VௐPDQXDOVௐVDOHVௐWD[ௐDQGௐXSILWV Ɣௐௐௐௐ$ௐILQDOௐSULQWDEOHௐTXRWHௐSDFNDJHௐLQFOXGHVௐDௐXQLTXHௐ6RXUFHZHOOௐ4XRWHௐ,'ௐQXPEHUௐGHVFULSWLRQௐDQGௐVSHFLILFDWLRQV 3DUWQHULQJௐZLWKௐ8SILWWHUV
Ɣௐௐௐௐ$ௐGHGLFDWHGௐZHEVLWHௐ
KWWSV
ZZZQDWLRQDODXWRIOHHWJURXSFRP
ௐFRQQHFWVௐPHPEHUVௐZLWKௐXSILWWHUV
Ɣௐௐௐௐ8SILWWHUVௐFDQௐOHDUQௐDERXWௐSDUWQHULQJௐZLWKௐ1$)*ௐWRௐVHUYHௐORFDOௐPHPEHUV Ɣௐௐௐௐ7KLVௐVLPSOLILHVௐWKHௐSURFHVVௐRIௐJHWWLQJௐDௐYHKLFOHௐXSILWWHG 7UDFNLQJௐ2UGHUV
Ɣௐௐௐௐ0HPEHUVௐFDQௐWUDFNௐRUGHUVௐGLUHFWO\ௐRQௐWKHௐPDLQௐZHEVLWHௐXVLQJௐWKHௐ7UDFNௐ\RXUௐRUGHUௐIHDWXUH Ɣௐௐௐௐ2UGHUVௐFDQௐEHௐWUDFNHGௐE\ௐHQWHULQJௐWKHௐSXUFKDVHௐRUGHUௐQXPEHUௐTXRWHௐ,'ௐXSILWௐTXRWHௐ,'ௐRUௐ9,1 2UGHUௐ&RQILUPDWLRQ
Ɣௐௐௐௐ1$)*ௐVHQGVௐDௐFRXUWHV\ௐFRQILUPDWLRQௐHPDLOௐWRௐGRXEOHFKHFNௐRUGHUௐGHWDLOVௐ FRORUௐTXDQWLW\ௐXSILWௐVSHFLILFDWLRQV
Ɣௐௐௐௐ7LWOHௐLQIRUPDWLRQௐLVௐUHTXHVWHGௐWRௐH[SHGLWHௐSDSHUZRUNௐDWௐGHOLYHU\ )DFWRU\ௐ2UGHUௐ&XW2IIௐ1RWLFHV
Ɣௐௐௐௐ7KHௐZHEVLWHௐKLJKOLJKWVௐXSFRPLQJௐIDFWRU\ௐRUGHUௐFXWRIIௐGDWHV Ɣௐௐௐௐ7KLVௐLQIRUPDWLRQௐLVௐDOVRௐSULQWHGௐRQௐWKHௐTXRWHௐFRYHUௐSDJHௐ ZKHQௐDYDLODEOH
3ULFHௐ9DOLGDWLRQௐ([DPSOH
Ɣௐௐௐௐ$ௐVDPSOHௐEXLOGௐSURFHVVௐVKRZFDVHVௐPHPEHUௐSULFLQJௐEHQHILWV Ɣௐௐௐௐ7KHௐH[DPSOHௐVKRZVௐWKHௐGLIIHUHQFHௐEHWZHHQௐ0653ௐPHPEHUௐSULFHௐDQGௐWRWDOௐVDYLQJVௐ SHUFHQWDJHௐDQGௐGROODUௐ
DPRXQW
ௐ
3URYLGHௐDQௐH[DPSOHௐZLWKௐVDYLQJVௐ
Ɣௐௐௐௐ7KLVௐHPSKDVL]HVௐWKHௐDGGLWLRQDOௐGLVFRXQWௐRIIHUHGௐE\ௐ1$)*
'HVFULEHௐ\RXUௐDELOLW\ௐDQGௐZLOOLQJQHVVௐWRௐSURYLGHௐ\RXUௐSURGXFW Vௐ DQGௐVHUYLFHVௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐLQௐWKHௐ8QLWHGௐ 6WDWHV
:HௐKDYHௐSURYLGHGௐDௐOLVWௐRIௐRXUௐWRSௐௐPHPEHUFOLHQWVௐGHPRQVWUDWLQJௐRXUௐDELOLW\ௐWRௐVHUYLFHௐDOOௐPHPEHUVௐQDWLRQZLGHௐ /RFDWHGௐLQௐWKHௐ0DUNHWLQJௐ3ODFHௐ=,3ௐILOHௐDVௐ³1$)*ௐ7RSௐௐ0HPEHUௐ&OLHQWV´ௐ3') 'HVFULEHௐ\RXUௐDELOLW\ௐDQGௐZLOOLQJQHVVௐWRௐSURYLGHௐ\RXUௐSURGXFW Vௐ DQGௐVHUYLFHVௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐLQௐ&DQDGD 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐLVௐSRLVHGௐWRௐH[SDQGௐLQWRௐ&DQDGDௐOHYHUDJLQJௐRXUௐSURYHQௐEXVLQHVVௐPRGHOௐDQGௐH[SHUWLVHௐ:Hௐ EHOLHYHௐWKHௐIDYRUDEOHௐH[FKDQJHௐUDWHௐDQGௐRXUௐFRPSHWLWLYHௐSULFLQJௐVWUXFWXUHௐFUHDWHௐDQௐLGHDOௐRSSRUWXQLW\ௐWRௐSDUWQHUௐZLWKௐ &DQDGLDQௐGHDOHUௐJURXSVௐXOWLPDWHO\ௐVHUYLQJௐPHPEHUVௐDFURVVௐ1RUWKௐ$PHULFD
,GHQWLI\ௐDQ\ௐJHRJUDSKLFௐDUHDVௐRIௐWKHௐ8QLWHGௐ6WDWHVௐRUௐ&DQDGDௐ WKDWௐ\RXௐZLOOௐ127ௐEHௐIXOO\ௐVHUYLQJௐWKURXJKௐWKHௐSURSRVHGௐFRQWUDFW :HௐDUHௐQRWௐVHUYLQJௐ&DQDGDௐDWௐWKLVௐPRPHQW
,GHQWLI\ௐDQ\ௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLW\ௐVHFWRUVௐ LHௐ
JRYHUQPHQWௐHGXFDWLRQௐQRWIRUSURILW
ௐWKDWௐ\RXௐZLOOௐ127ௐEHௐIXOO\ௐ
VHUYLQJௐWKURXJKௐWKHௐSURSRVHGௐFRQWUDFW
([SODLQௐLQௐGHWDLOௐ)RUௐH[DPSOHௐGRHVௐ\RXUௐFRPSDQ\ௐKDYHௐRQO\ௐDௐ UHJLRQDOௐSUHVHQFHௐRUௐGRௐRWKHUௐFRRSHUDWLYHௐSXUFKDVLQJௐFRQWUDFWVௐ OLPLWௐ\RXUௐDELOLW\ௐWRௐSURPRWHௐDQRWKHUௐFRQWUDFW"
:H
UHௐKDSS\ௐWRௐVHUYLFHௐDOOௐ6RXUFHZHOOௐPHPEHUVௐWKURXJKௐRXUௐௐZHEVLWHௐ:HௐRIIHUௐJRYHUQPHQWௐPHPEHUVௐDௐVSHFLILFௐ GLVFRXQWௐSURJUDPௐLQௐUHFRJQLWLRQௐRIௐWKHLUௐXVHௐRIௐWD[SD\HUௐIXQGV )RUௐQRQSURILWௐRUJDQL]DWLRQVௐZH
YHௐGHVLJQHGௐDௐWDLORUHGௐSULFLQJௐSURJUDPௐWRௐPHHWௐWKHLUௐXQLTXHௐQHHGVௐDQGௐEXGJHWVௐ:H OOௐ
ZRUNௐZLWKௐHDFKௐQRQSURILWௐRQௐDௐFDVHE\FDVHௐEDVLVௐWRௐHQVXUHௐWKH\ௐUHFHLYHௐWKHௐPRVWௐYDOXHௐIURPௐRXUௐVHUYLFHV
'HILQHௐDQ\ௐVSHFLILFௐFRQWUDFWௐUHTXLUHPHQWVௐRUௐUHVWULFWLRQVௐWKD Wௐ ZRXOGௐDSSO\ௐWRௐRXUௐSDUWLFLSDWLQJௐHQWLWLHVௐLQௐ+DZDLLௐDQGௐ$ODVNDௐ DQGௐLQௐ86ௐ7HUULWRULHV
)RUௐPHPEHUVௐLQௐ$ODVNDௐ+DZDLLௐDQGௐ86ௐ7HUULWRULHVௐWKHௐRQO\ௐPHPEHUVKLSௐUHTXLUHPHQWௐLVௐWKHௐVDPHௐDVௐIRUௐDOOௐRWKHUௐ PHPEHUVௐ+RZHYHUௐGXHௐWRௐORJLVWLFDOௐVKLSSLQJௐFRQVWUDLQWVௐLQௐWKHVHௐUHJLRQVௐDGGLWLRQDOௐFRVWVௐPD\ௐDSSO\ :HௐFXUUHQWO\ௐSURYLGHௐPHPEHUVௐLQௐ$ODVNDௐZLWKௐFKDVVLVௐFDEVௐZLWKௐXSILWVௐ,QௐWKHVHௐFDVHVௐWKHௐPHPEHUௐDJUHHVௐWRௐFRYHUௐWKHௐ H[WUDௐVKLSSLQJௐFRVWௐSRUWௐFRVWௐDQGௐGULYHUௐFRVWௐDVVRFLDWHGௐZLWKௐORDGLQJௐDQGௐXQORDGLQJௐWKHLUௐYHKLFOHVௐIURPௐSRUWௐWRௐSRUWௐ 7KLVௐDGGLWLRQDOௐFRVWௐZRXOGௐEHௐFOHDUO\ௐRXWOLQHGௐLQௐDQ\ௐTXRWHௐSURYLGHGௐWRௐPHPEHUVௐLQௐWKHVHௐUHJLRQV
7DEOH
0DUNHWLQJ3ODQ
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC
109
'HVFULEHௐ\RXUௐPDUNHWLQJௐVWUDWHJ\ௐIRUௐSURPRWLQJௐWKLVௐFRQWUDFWௐ RSSRUWXQLW\ௐௐ8SORDGௐUHSUHVHQWDWLYHௐVDPSOHVௐRIௐ\RXUௐPDUNHWLQJௐ PDWHULDOVௐ
LIௐDSSOLFDEOH
ௐLQௐWKHௐGRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐ
UHVSRQVH
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐXWLOL]HVௐDௐQXPEHUௐRIௐRXWERXQGௐVWUDWHJLHVௐWRௐSURPRWHௐWKHௐ6RXUFHZHOOௐ9HKLFOHௐFRQWUDFWௐ1DWLRQDOௐ $XWRௐ)OHHWௐ*URXSௐLVQ¶WௐZDLWLQJௐIRUௐJRYHUQPHQWௐDJHQFLHVௐWRௐFRPHௐNQRFNLQJௐDERXWௐWKHௐ6RXUFHZHOOௐ9HKLFOHௐFRQWUDFWௐௐ ,QVWHDGௐZH¶UHௐSURDFWLYHO\ௐKLWWLQJௐWKHௐJDVௐSHGDOௐZLWKௐRXWERXQGௐPDUNHWLQJௐVWUDWHJLHV :LWKௐRXWERXQGௐPDUNHWLQJௐ1$)*ௐLQLWLDWHVௐE\ௐSXVKLQJௐWKHௐPHVVDJHௐRXWௐWRௐRXUௐJRYHUQPHQWௐDJHQFLHVௐௐௐ ([DPSOHVௐLQFOXGH
ௐௐௐ
Ɣௐௐௐௐ&ROGௐ(PDLOௐ&DPSDLJQV
ௐ7DLORUHGௐPHVVDJHVௐUHDFKLQJௐUHOHYDQWௐJRYHUQPHQWௐDJHQFLHVௐGLUHFWO\ௐ([DPSOHVௐLQFOXGHௐQHZௐ YHKLFOHௐSULFLQJௐDYDLODELOLW\ௐLQௐVWRFNௐXQLWVௐQHZௐZHEVLWHௐIHDWXUHVௐKROLGD\ௐWKHPHGௐIO\HUVௐDQGௐYHKLFOHௐFXWRIIௐGDWHV Ɣௐௐௐௐ7UDGHௐ6KRZௐ3UHVHQFH
ௐ(QJDJLQJௐH[KLELWVௐDQGௐNQRZOHGJHDEOHௐUHSUHVHQWDWLYHVௐPDNLQJௐFRQQHFWLRQVௐDWௐNH\ௐHYHQWV Ɣௐௐௐௐ7DUJHWHGௐ&RQWHQW
ௐ&UHDWLQJௐGLYHUVHௐFDPSDLJQௐPDWHULDOVௐWKDWௐUHVRQDWHௐZLWKௐGLIIHUHQWௐJRYHUQPHQWௐVHJPHQWVௐ)RUௐ H[DPSOHௐSROLFHௐYHKLFOHௐDYDLODELOLW\ௐIO\HUVௐIRUௐSROLFHௐDJHQFLHV Ɣௐௐௐௐ'DWD'ULYHQௐ'HFLVLRQV
ௐ7UDFNLQJௐUHVXOWVௐDQGௐRSWLPL]LQJௐFDPSDLJQVௐIRUௐPD[LPXPௐLPSDFWௐVXFKௐDVௐRSHQௐUDWHVௐFOLFN WKURXJKௐUDWHVௐWRௐJDXJHௐWKHௐHIIHFWLYHQHVVௐRIௐRXUௐHPDLOௐFDPSDLJQV 2XUௐXVHௐRIௐ&DPSDLJQHUௐ(PDLOௐ0DUNHWLQJௐSODWIRUPௐVHUYLFHௐLVௐDௐ&50ௐGDWDEDVHௐXVHGௐWRௐPRQLWRUௐVHQGௐDQGௐWUDFNௐ HIIHFWLYHQHVVௐRIௐHPDLOVௐDQGௐPRUHௐௐ7KLVௐVHUYLFHௐKDVௐDVVLVWHGௐLQௐVWUHDPOLQLQJௐHPDLOௐIO\HUௐPHVVDJHVௐWRௐPDQ\ௐRIௐRXUௐ JRYHUQPHQWௐDJHQFLHVௐDFURVVௐWKHௐ8QLWHGௐ6WDWHVௐௐ&DPSDLJQHUௐKDVௐEHHQௐDQௐHVVHQWLDOௐWRROௐLQௐQRWௐRQO\ௐFUHDWLQJௐQHZௐ FDPSDLJQVௐEXWௐUHFXUULQJௐFDPSDLJQVௐWRௐHQVXUHௐRXUௐPHVVDJHௐLVௐVHQWௐWRௐQHZௐSRWHQWLDOௐFOLHQWVௐௐ 7KLVௐW\SHௐRIௐRXWERXQGௐPDUNHWLQJௐIRVWHUVௐSURDFWLYHௐHQJDJHPHQWௐZLWKௐSRWHQWLDOௐFXVWRPHUVௐVSDUNLQJௐWKHLUௐLQWHUHVWௐLQௐRXUௐ SURGXFWVௐ:HௐLQYLWHௐWKHPௐWRௐH[SORUHௐWKHௐGLYHUVHௐSURGXFWௐUDQJHௐVKRZFDVHGௐRQௐRXUௐ1$)*ௐZHEVLWHௐFRQYHQLHQWO\ௐ DFFHVVLEOHௐWKURXJKௐERWKௐSKRQHௐFDOOVௐDQGௐZHEVLWHௐYLVLWVௐ 7RௐIXUWKHUௐHPSRZHUௐWKHLUௐEX\LQJௐMRXUQH\ௐZHௐHQFRXUDJHௐUHJLVWUDWLRQௐ,WௐQRWௐRQO\ௐXQORFNVௐUHDOWLPHௐSURGXFWௐDYDLODELOLW\ௐEXWௐ DOVRௐJUDQWVௐDFFHVVௐWRௐRXUௐLQQRYDWLYHௐVHOITXRWLQJௐV\VWHPௐ7KLVௐLQWXLWLYHௐWRROௐHPSRZHUVௐFXVWRPHUVௐZLWKௐWKHௐDXWRQRP\ௐWRௐ FUHDWHௐXQOLPLWHGௐSHUVRQDOL]HGௐTXRWHVௐWDLORULQJௐWKHPௐWRௐWKHLUௐVSHFLILFௐQHHGVௐDQGௐEXGJHWௐ%\ௐHOLPLQDWLQJௐWKHௐZDLWௐIRUௐ WUDGLWLRQDOௐTXRWHVௐWKLVௐVHOIVHUYLFHௐRSWLRQௐVWUHDPOLQHVௐWKHௐSURFHVVௐIRVWHULQJௐDௐVHQVHௐRIௐFRQWUROௐDQGௐRZQHUVKLSௐIRUௐWKHௐ FXVWRPHUௐ8OWLPDWHO\ௐWKLVௐRXWERXQGௐPDUNHWLQJௐDSSURDFKௐFRXSOHGௐZLWKௐRXUௐXVHUIULHQGO\ௐVHOITXRWLQJௐV\VWHPௐHPSRZHUVௐ SRWHQWLDOௐFXVWRPHUVௐWRௐFRQILGHQWO\ௐH[SORUHௐDQGௐFRQILGHQWO\ௐPDNHௐLQIRUPHGௐGHFLVLRQV %XVLQHVVௐWRௐ%XVLQHVVௐ0DUNHWLQJ
ௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXS
1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐ
1$)*
ௐDFNQRZOHGJHVௐWKHௐLPSRUWDQFHௐRIௐEXLOGLQJௐVWURQJௐUHODWLRQVKLSVௐZLWKௐORFDOௐXSILWWLQJௐERG\ௐ FRPSDQLHVௐ7KDW
VௐZK\ௐZHௐHPSOR\ௐVWUDWHJLFௐEXVLQHVVWREXVLQHVVௐ
%%
ௐPDUNHWLQJௐVWUDWHJLHVௐWRௐDWWUDFWௐSRWHQWLDOௐSDUWQHUVௐ
DQGௐFUHDWHௐDௐPXWXDOO\ௐEHQHILFLDOௐHFRV\VWHP
,QWURGXFLQJௐ2XUௐ3DUWQHUௐ:HEVLWH
:HௐHQFRXUDJHௐDQ\ௐERG\ௐXSILWWLQJௐFRPSDQ\ௐWRௐYLVLWௐRXUௐGHGLFDWHGௐSDUWQHUௐZHEVLWH ௐZZZQDIJSDUWQHUFRPௐ7KLVௐSODWIRUPௐ
PDNHVௐLWௐHDV\ௐIRUௐORFDOௐXSILWWLQJௐFRPSDQLHVௐWRௐH[SORUHௐWKHௐEHQHILWVௐRIௐFROODERUDWLQJௐZLWKௐ1$)* .H\ௐ3HUNVௐIRUௐ8SILWWLQJௐ%RG\ௐ&RPSDQLHV
Ɣௐௐௐௐ(QKDQFHGௐ9LVLELOLW\
ௐ*HWௐWKHௐERG\ௐFRPSDQ\¶VௐFRPSDQ\ௐSURILOHௐOLVWHGௐRQௐRXUௐZHEVLWHௐPDNLQJௐWKHPௐVHDUFKDEOHௐE\ௐ 1$)*
VௐH[WHQVLYHௐQHWZRUNௐRIௐJRYHUQPHQWௐFOLHQWV
Ɣௐௐௐௐ7DUJHWHGௐUHIHUUDOV
ௐ:HௐDFWLYHO\ௐFRQQHFWௐXSILWWLQJௐFRPSDQLHVௐZLWKௐTXDOLILHGௐJRYHUQPHQWௐFOLHQWVௐVHHNLQJௐWKHLUௐVSHFLILFௐ H[SHUWLVH
Ɣௐௐௐௐ3URILOHௐ&XVWRPL]DWLRQ
ௐ3DUWQHUVௐDUHௐHQFRXUDJHGௐWRௐFUHDWHௐDௐXQLTXHௐSURILOHௐVKRZFDVLQJௐWKHௐERG\ௐFRPSDQ\ Vௐ
VWUHQJWKVௐH[SHULHQFHௐDQGௐVHUYLFHௐRIIHULQJV
Ɣௐௐௐௐ*HRJUDSKLFௐ5HDFK
ௐ([SDQGௐWKHௐQHWZRUNௐE\ௐKDYLQJௐRXUௐSDUWQHUV¶ௐFRQWDFWௐLQIRUPDWLRQௐDQGௐORFDWLRQௐGLVSOD\HGௐRQௐRXUௐ LQWHUDFWLYHௐPDS
%\ௐSDUWQHULQJௐZLWKௐ1$)*ௐERG\ௐFRPSDQLHVௐJDLQௐDFFHVVௐWRௐDௐYDVWௐSRROௐRIௐSRWHQWLDOௐJRYHUQPHQWௐFOLHQWVௐVHHNLQJௐYHKLFOHௐ XSILWWLQJௐVHUYLFHVௐ,QௐWXUQௐWKHௐERG\ௐFRPSDQ\ௐKHOSVௐXVௐIXOILOOௐFOLHQWௐQHHGVௐDQGௐGHOLYHUௐFRPSUHKHQVLYHௐYHKLFOHௐVROXWLRQV 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐDOVRௐH[HUFLVHVௐWKHௐXVHௐRIௐLQERXQGௐPDUNHWLQJௐVWUDWHJLHVௐWRௐSURPRWHௐRXUௐ6RXUFHZHOOௐ9HKLFOHௐ FRQWUDFWௐௐ
ௐ2XUௐPDUNHWLQJௐGHSDUWPHQWௐFXOWLYDWHVௐDௐWDUJHWHGௐDXGLHQFHௐE\ௐPDLQWDLQLQJௐDௐGDWDEDVHௐRIௐUHJLVWHUHGௐJRYHUQPHQWௐ DJHQFLHVௐRQௐRXUௐZHEVLWHௐDQGௐQXUWXULQJௐSDVWௐFXVWRPHUVௐZKRௐKDYHௐH[SHULHQFHGௐWKHௐEHQHILWVௐRIௐRXUௐRIIHULQJVௐ7KLVௐDOORZVௐ XVௐWRௐGHOLYHUௐUHOHYDQWௐFRQWHQWௐDQGௐUHVRXUFHVௐGLUHFWO\ௐWRௐWKRVHௐDOUHDG\ௐLQWHUHVWHGௐLQௐRXUௐVROXWLRQVௐIRVWHULQJௐWUXVWௐDQGௐ EUDQGௐOR\DOW\ௐ
5HODWLRQVKLSௐEXLOGLQJௐLVௐDQRWKHUௐWHFKQLTXHௐXVHGௐWRௐIRVWHUௐSRVLWLYHௐUHODWLRQVௐZLWKௐFOLHQWVௐWRௐEHFRPHௐORQJWHUPௐFXVWRPHUVௐௐ 1$)*ௐWHDPௐSURYLGHVௐH[FHOOHQWௐFXVWRPHUௐVHUYLFHௐDQGௐVXSSRUWௐWRௐHQFRXUDJHௐZRUGௐRIௐPRXWKௐUHIHUUDOௐ7KHௐSRVLWLYHௐTXDOLW\ௐ RIௐVHUYLFHௐH[SHULHQFHGௐE\ௐFXVWRPHUVௐKDVௐOHGௐWRௐDQௐLQFUHDVHGௐQXPEHUௐRIௐVDOHVௐWKURXJKௐUHIHUUDOVௐௐ2XUௐJRDOௐLVௐWRௐ SURYLGHௐH[HPSODU\ௐFXVWRPHUௐVHUYLFHௐWKURXJKRXWௐWKHௐHQWLUHௐSXUFKDVLQJௐSURFHVVௐWRௐHQFRXUDJHௐUHSHDWௐEXVLQHVVௐDQGௐUHIHUUDOV
Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC
110
'HVFULEHௐ\RXUௐXVHௐRIௐWHFKQRORJ\ௐDQGௐGLJLWDOௐGDWDௐ
HJௐVRFLDOௐ
PHGLDௐPHWDGDWDௐXVDJH
ௐWRௐHQKDQFHௐPDUNHWLQJௐHIIHFWLYHQHVV
7KHௐFUHDWLRQௐRIௐWKHௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐDSSௐLVௐRQHௐZD\ௐWRௐEXLOGௐDௐVWURQJHUௐUHODWLRQVKLSௐZLWKௐLQWHUHVWHGௐEX\HUVௐ DQGௐHPSRZHUௐWKHPௐZLWKௐWKHௐLQIRUPDWLRQௐWKH\ௐQHHGௐ%\ௐGRZQORDGLQJௐRXUௐ1$)*ௐDSSௐFOLHQWVௐDUHௐDEOHௐWR
Ɣௐௐௐௐ5HFHLYHௐLQVWDQWௐSXVKௐQRWLILFDWLRQVௐRQௐWKHLUௐSKRQHVௐUHJDUGLQJௐQHZௐYHKLFOHௐDYDLODELOLW\ ௐ%HௐWKHௐILUVWௐWRௐNQRZௐZKHQௐ
QHZௐYHKLFOHVௐDUULYHௐRQௐWKHௐORWௐWKDWௐPDWFKௐ\RXUௐVSHFLILFௐQHHGVௐDQGௐSUHIHUHQFHV Ɣௐௐௐௐ6WD\ௐLQIRUPHGௐDERXWௐFUXFLDOௐFXWRIIௐGDWHV
ௐ(QVXUHௐFOLHQWVௐGRQ
WௐPLVVௐRXWௐRQௐௐGHDGOLQHVௐE\ௐKDYLQJௐWKHPௐFRQYHQLHQWO\ௐ
GHOLYHUHGௐVWUDLJKWௐWRௐ\RXUௐSKRQH
Ɣௐௐௐௐ9LHZௐ$YDLODEOHௐ,Q6WRFNௐ8QLWV
ௐ6FUROOௐWKURXJKௐDௐOLVWௐRIௐLQௐVWRFNௐYHKLFOHVௐDYDLODEOHௐRQௐRXUௐZHEVLWHௐ $ௐVSHFLILFௐLQERXQGௐPDUNHWLQJௐWDFWLFௐWKDWௐFDQௐVLJQLILFDQWO\ௐERRVWௐRXUௐRQOLQHௐSUHVHQFHௐLVௐWKHௐGHYHORSPHQWௐRIௐVHDUFKௐ HQJLQHௐRSWLPL]DWLRQௐ
6(2
ௐ%\ௐRSWLPL]LQJௐRXUௐZHEVLWHௐIRUௐUHOHYDQWௐNH\ZRUGVௐDQGௐXVHUௐH[SHULHQFHௐZHௐFDQௐDWWUDFWௐPRUHௐ TXDOLILHGௐYLVLWRUVௐRUJDQLFDOO\ௐDQGௐHVWDEOLVKௐ1$)*ௐDVௐDௐOHDGLQJௐQDPHௐLQௐLWVௐILHOG +HUH
VௐKRZௐZH
UHௐDFWLYHO\ௐLPSOHPHQWLQJௐ6(2ௐRQௐWKHௐ1$)*ௐZHEVLWH
5HZULWLQJௐWKHௐ1$)*ௐ6WRU\
Ɣௐௐௐௐ%\ௐFUDIWLQJௐDௐFRPSHOOLQJௐDQGௐLQIRUPDWLYHௐZHESDJHௐWKDWௐFOHDUO\ௐGHILQHVௐZKRௐZHௐDUHௐZKDWௐZHௐGRௐDQGௐKRZௐZHௐ EHQHILWௐRXUௐDXGLHQFH
Ɣௐௐௐௐ,QFOXGHGௐUHOHYDQWௐNH\ZRUGVௐQDWXUDOO\ௐWKURXJKRXWௐWKHௐFRQWHQWௐLQFOXGLQJௐSURGXFWௐQDPHVௐPLVVLRQௐVWDWHPHQWௐDQGௐ FRQWUDFWௐQXPEHUV
Ɣௐௐௐௐ(QVXUHGௐWKHௐSDJHௐLVௐFRQFLVHௐDQGௐVFDQQDEOHௐEUHDNLQJௐXSௐWH[WௐZLWKௐKHDGLQJVௐDQGௐEXOOHWௐSRLQWV ௐ2Q3DJHௐ2SWLPL]DWLRQௐ7HFKQLTXHV
Ɣௐௐௐௐ7LWOHௐWDJV
ௐ(DFKௐSDJHௐLQFOXGHVௐDௐXQLTXHௐDQGௐGHVFULSWLYHௐWLWOHௐWDJௐXQGHUௐௐFKDUDFWHUVௐWKDWௐDFFXUDWHO\ௐUHIOHFWVௐWKHௐ FRQWHQWௐDQGௐLQFOXGHVௐUHOHYDQWௐNH\ZRUGV
Ɣௐௐௐௐ0HWDௐGHVFULSWLRQV
ௐ&UDIWLQJௐFDSWLYDWLQJௐPHWDௐGHVFULSWLRQVௐ
XQGHUௐௐFKDUDFWHUV
ௐWKDWௐHQWLFHௐXVHUVௐWRௐFOLFNௐDQGௐ
VXPPDUL]HௐWKHௐSDJH
VௐYDOXHௐSURSRVLWLRQ
Ɣௐௐௐௐ+HDGHUௐWDJV
ௐ6WUXFWXUHGௐWKHௐFRQWHQWௐZLWKௐFOHDUௐKHDGLQJVௐDQGௐVXEKHDGLQJVௐ +ௐ+ௐHWF
ௐWRௐLPSURYHௐUHDGDELOLW\ௐ
DQGௐVHDUFKௐHQJLQHௐFUDZODELOLW\
Ɣௐௐௐௐ,PDJHV
ௐ2SWLPL]HௐLPDJHௐILOHௐQDPHVௐDQGௐDOWௐWH[WௐZLWKௐUHOHYDQWௐNH\ZRUGVௐWRௐLQFUHDVHௐDFFHVVLELOLW\ௐDQGௐLPDJHௐVHDUFKௐ UDQNLQJ
Ɣௐௐௐௐ,QWHUQDOௐOLQNLQJ
ௐ&RQQHFWLQJௐUHODWHGௐSDJHVௐZLWKLQௐWKHௐZHEVLWHௐXVLQJௐGHVFULSWLYHௐDQFKRUௐWH[W Ɣௐௐௐௐ6RFLDOௐPHGLD
ௐ(QVXUHௐVRFLDOௐPHGLDௐSURILOHVௐDQGௐVKDUHௐEXWWRQVௐDUHௐOLQNHGௐWRௐRXUௐSDJHVௐ %\ௐLPSOHPHQWLQJௐWKHVHௐDFWLRQDEOHௐ6(2ௐVWUDWHJLHVௐZHௐFDQௐVLJQLILFDQWO\ௐLPSURYHௐ1$)* VௐRQOLQHௐSUHVHQFHௐDWWUDFWௐPRUHௐ
TXDOLILHGௐOHDGVௐDQGௐHVWDEOLVKௐRXUVHOYHVௐDVௐDௐWKRXJKWௐOHDGHUௐLQௐWKHௐLQGXVWU\ :KHQௐWKHௐWHUPVௐ³JRYHUQPHQWௐIOHHWௐYHKLFOHௐSXUFKDVLQJ´ௐ³SXUFKDVLQJௐYHKLFOHVௐIRUௐWKHௐJRYHUQPHQW´ௐ³JRYHUQPHQWௐYHKLFOHௐ SXUFKDVLQJ´ௐ³KRZௐGRௐ,ௐSXUFKDVHௐYHKLFOHVௐIRUௐWKHௐJRYHUQPHQW´ௐ³SXUFKDVLQJௐJRYHUQPHQWௐIOHHW´ௐ³JRYHUQPHQWௐYHKLFOHௐ SURFXUHPHQW´ௐ³SURFXULQJௐYHKLFOHVௐIRUௐWKHௐJRYHUQPHQW´DUHௐHQWHUHGௐLQௐWKHௐJRRJOHௐVHDUFKௐEXWWRQௐ1$)*ௐLVௐRQௐWKHௐWRSௐILYHௐ VHDUFKௐUHVXOWVௐ
ௐ
6RFLDOௐPHGLDௐLVௐDௐFULWLFDOௐSDUWௐLQௐWKHௐZD\ௐSHRSOHௐFRPPXQLFDWHௐDQGௐFRQQHFWௐZLWKௐHDFKௐRWKHUௐௐ/LQNHGLQௐRIIHUVௐDௐYDULHW\ௐ RIௐZD\VௐWRௐH[SDQGௐRXUௐQHWZRUNௐE\ௐILQGLQJௐDQGௐFRQQHFWLQJௐZLWKௐUHOHYDQWௐSURIHVVLRQDOVௐLQௐWKHௐLQGXVWU\ௐ3ODWIRUPVௐOLNHௐ /LQNHG,QௐRIIHUௐLQYDOXDEOHௐWRROVௐIRUௐSURIHVVLRQDOௐQHWZRUNLQJௐDOORZLQJௐLQGLYLGXDOVௐWRௐH[SDQGௐWKHLUௐQHWZRUNௐE\ௐILQGLQJௐDQGௐ FRQQHFWLQJௐZLWKௐUHOHYDQWௐSURIHVVLRQDOVௐDQGௐLQGXVWU\ௐOHDGHUVௐ $ௐSULPHௐH[DPSOHௐLVௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐZKLFKௐHIIHFWLYHO\ௐXWLOL]HVௐ/LQNHG,QௐWRௐUHDFKௐRXWௐWRௐFXUUHQWௐDQGௐSRWHQWLDOௐ PHPEHUVௐWKURXJKௐSHUVRQDOL]HGௐPHVVDJHVௐIRVWHULQJௐVWURQJHUௐUHODWLRQVKLSVௐDQGௐFRPPXQLW\ௐHQJDJHPHQW %H\RQGௐSURIHVVLRQDOௐFRQQHFWLRQVௐVRFLDOௐPHGLDௐVHUYHVௐDVௐDௐSRZHUIXOௐEULGJHௐEHWZHHQௐLQGLYLGXDOVௐDQGௐWKHLUௐJRYHUQLQJௐ ERGLHVௐ%\ௐIROORZLQJௐJRYHUQPHQWௐSDJHVௐRQௐ,QVWDJUDPௐDQGௐ7ZLWWHUௐJRYHUQPHQWௐPXQLFLSDOLWLHVௐFDQௐJDLQௐYDOXDEOHௐLQVLJKWVௐ LQWRௐSUHVVLQJௐLVVXHVௐDQGௐLPSRUWDQWௐDQQRXQFHPHQWV
,Qௐ\RXUௐYLHZௐZKDWௐLVௐ6RXUFHZHOO¶VௐUROHௐLQௐSURPRWLQJௐFRQWUDFW Vௐ DULVLQJௐRXWௐRIௐWKLVௐ5)3"ௐ
+RZௐZLOOௐ\RXௐLQWHJUDWHௐDௐ6RXUFHZHOODZDUGHGௐFRQWUDFWௐLQWRௐ\RXUௐ VDOHVௐSURFHVV"
6RXUFHZHOOௐLVௐDௐWUXVWHGௐEUDQGௐWKDWௐJRYHUQPHQWௐHQWLWLHVௐFDQௐUHO\ௐRQௐWRௐSURYLGHௐDௐZLGHௐYDULHW\ௐRIௐSURGXFWVௐDQGௐVHUYLFHVௐௐ 7KH\ௐDLPௐWRௐVLPSOLI\ௐWKHௐSURFXUHPHQWௐSURFHVVௐRIௐJRYHUQPHQWௐHQWLWLHVௐௐ7KHௐ6RXUFHZHOOௐEUDQGௐLQWHJUDWHVௐDௐWKRURXJKௐ GRFXPHQWDWLRQௐUHYLHZௐRIௐDOOௐYHQGRUVௐSULRUௐWRௐDZDUGLQJௐWKHLUௐFRRSHUDWLYHௐFRQWUDFWௐWRௐHQVXUHௐSURGXFWVௐDQGௐVHUYLFHVௐDUHௐ IURPௐUHSXWDEOHௐYHQGRUVௐௐ7KHௐEUDQGௐSURYLGHVௐDௐVHQVHௐRIௐVKRZLQJௐOHJLWLPDF\ௐDQGௐYHULILFDWLRQௐRIௐRXUௐFRPSDQ\ௐQDPHௐDQGௐ PHPEHUVௐXQGHUVWDQGௐWKDWௐSURGXFWVௐDQGௐVHUYLFHVௐSURYLGHGௐDUHௐIURPௐUHSXWDEOHௐYHQGRUVௐௐ &OLHQWVௐUHFRJQL]HௐWKHௐ6RXUFHZHOOௐEUDQGௐDQGௐWKHLUௐYHQGRUVௐDVௐDௐWUXVWHGௐVRXUFHௐWKDWௐZLOOௐPHHWௐWKHLUௐQHHGVௐௐ7KHௐPDLQௐ VHOOLQJௐSRLQWௐRIௐWKHௐEUDQGௐLVௐWKHௐHOLPLQDWLRQௐRIௐWKHௐQHHGௐWRௐJRௐRXWௐWRௐELGௐௐ6RXUFHZHOOௐKDVௐGRQHௐWKHௐELGGLQJௐIRUௐWKHௐ JRYHUQPHQWௐHQWLWLHVௐZKLFKௐVLPSOLILHVௐWKHௐSXUFKDVLQJௐSURFHVVௐௐ7KLVௐSURFHVVௐQRWௐRQO\ௐVDYHVௐPRQH\ௐEXWௐYDOXDEOHௐWLPHௐDVௐ ZHOOௐௐ6RXUFHZHOOௐKDVௐSURYLGHGௐ1$)*ௐRYHUZKHOPLQJௐRSSRUWXQLWLHVௐWRௐZRUNௐZLWKௐJRYHUQPHQWௐDJHQFLHVௐDFURVVௐWKHௐ8QLWHGௐ 6WDWHVௐௐ
7KHௐ6RXUFHZHOOௐQDPHௐUHSUHVHQWVௐDௐKLJKௐVWDQGDUGௐRIௐLQWHJULW\ௐDQGௐHWKLFVௐDQGௐZHௐDUHௐSURXGௐWRௐEHௐSDUWௐRIௐWKLVௐG\QDPLFௐௐ 6RXUFHZHOOௐPHPEHUVௐKDYHௐDFFHVVௐWRௐDௐFRQWUDFWௐWKDWௐLVௐPRUHௐIOH[LEOHௐWKDQௐWKHௐVWDQGDUGௐELGGLQJௐSURFHVVௐௐ6RXUFHZHOOௐLVௐ DQௐRUJDQL]DWLRQௐWKDWௐDLGVௐJRYHUQPHQWௐHQWLWLHVௐWRௐVWD\ௐFRPSHWLWLYHௐZLWKRXWௐWKHௐIUXVWUDWLRQVௐDQGௐLVVXHVௐLQYROYHGௐZLWKௐWKHௐ WUDGLWLRQDOௐELGGLQJௐSURFHVVௐௐ7KHௐ6RXUFHZHOOௐFRQWUDFWௐFDQௐEHௐDOVRௐFXVWRPL]HGௐWRௐPHHWௐWKHௐQHHGVௐRIௐWKHௐFOLHQWௐௐ7KHௐ VDOHVௐWHDPௐKDVௐLQFRUSRUDWHGௐQRWௐRQO\ௐWKLVௐVWDQGDUGௐRIௐLQWHJULW\ௐLQௐWKHLUௐVDOHVௐSUDFWLFHௐE\ௐHQVXULQJௐFOLHQWVௐZHௐZLOOௐDOZD\Vௐ DVVLVWௐWKHPௐZLWKௐWKHLUௐYHKLFOHௐSXUFKDVLQJௐQHHGVௐௐ7KHௐFRVWௐVDYLQJVௐDQGௐVWUHVVௐIUHHௐQDWXUHௐRIௐWKHௐFRRSHUDWLYHௐFRQWUDFWVௐ IDYRUVௐWKDWௐRIௐWKHௐWUDGLWLRQDOௐELGGLQJௐSURFHVVௐௐ,WௐHQDEOHVௐYHQGRUVௐWRௐZRUNௐZLWKௐTXDOLI\LQJௐJRYHUQPHQWௐHQWLWLHVௐLQௐDௐPRUHௐ HIILFLHQWௐPDQQHUௐௐ:HௐYRZௐWRௐPDLQWDLQௐWKHVHௐOHYHOVௐRIௐVWDQGDUGVௐDFURVVௐWKHௐERDUGௐWKURXJKRXWௐDOOௐGHSDUWPHQWVௐZLWKLQௐ 1DWLRQDOௐ$XWRௐ)OHHWௐ*URXS
6RXUFHZHOOௐLVQ
WௐMXVWௐDௐWUXVWHGௐEUDQG
ௐLW
VௐDௐFRPSUHKHQVLYHௐVROXWLRQௐIRUௐJRYHUQPHQWௐSURFXUHPHQWௐ)URPௐYHKLFOHVௐDQGௐIRRGௐ WRௐWHFKQRORJ\ௐDQGௐDGPLQLVWUDWLYHௐVHUYLFHVௐWKH\ௐRIIHUௐDௐGLYHUVHௐUDQJHௐRIௐKLJKTXDOLW\ௐSURGXFWVௐDQGௐVHUYLFHVௐ3DUWQHULQJௐ ZLWKௐSUHYHWWHGௐYHQGRUVௐHQVXUHVௐUHOLDELOLW\ௐDQGௐSHDFHௐRIௐPLQG 7KHௐIOH[LELOLW\ௐRIௐ6RXUFHZHOOௐFRQWUDFWVௐDOORZVௐXVௐWRௐWDLORUௐRXUௐVHUYLFHVௐWRௐDௐVSHFLILFௐQHHGௐXQOLNHௐWKHௐRQHVL]HILWVDOOௐ DSSURDFKௐRIௐW\SLFDOௐELGGLQJௐ
*RYHUQPHQWௐDJHQFLHVௐDFURVVௐWKHௐ8QLWHGௐ6WDWHVௐOLNHௐ1$)*ௐKDYHௐXWLOL]HGௐ6RXUFHZHOOௐWRௐSURFXUHௐWKHLUௐQHHGVௐHIILFLHQWO\
Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC
111
$UHௐ\RXUௐSURGXFWVௐRUௐVHUYLFHVௐDYDLODEOHௐWKURXJKௐDQௐHSURFXUHP HQWௐ RUGHULQJௐSURFHVV"ௐ
,IௐVRௐGHVFULEHௐ\RXUௐHSURFXUHPHQWௐV\VWHPௐDQGௐKRZௐJRYHUQPHQWDOௐ DQGௐHGXFDWLRQDOௐFXVWRPHUVௐKDYHௐXVHGௐLW
2XUௐZHEVLWHௐSURYLGHVௐDௐKDQGVRQௐHPSRZHULQJௐDSSURDFKௐWRௐRUGHULQJௐYHKLFOHVௐRQOLQHௐௐ&OLHQWVௐFDQௐVHDUFKௐWKURXJKௐPDQ\ௐ YHKLFOHௐPDNHVௐDQGௐPRGHOVௐZLWKௐWKHௐDELOLW\ௐWRௐFXVWRPL]HௐDௐYHKLFOHௐWDLORUHGௐWRௐWKHௐVSHFLILFௐQHHGVௐRIௐWKHLUௐDJHQF\ௐௐ$ௐ SHUVRQDOL]HGௐTXRWHௐZLWKௐSULFLQJௐFDQௐEHௐDYDLODEOHௐLQௐDVௐOLWWOHௐDVௐௐPLQXVௐGHSHQGLQJௐRQௐWKHௐFRPSOH[LW\ௐRIௐWKHௐYHKLFOHௐௐ,Iௐ XSILWWLQJௐLVௐQHHGHGௐDௐVDOHVௐUHSUHVHQWDWLYHௐFDQௐEHௐUHDFKHGௐWKURXJKௐSKRQHௐHPDLOௐOLYHௐFKDWௐRUௐQRWHGௐRQௐWKHௐVHOITXRWLQJௐ RQOLQHௐV\VWHPௐ
2QFHௐDௐFXVWRPL]HGௐTXRWHௐLVௐEXLOWௐFOLHQWVௐKDYHௐWKHௐRSWLRQௐWRௐILQDOL]HௐWKHௐVDOHVௐWUDQVDFWLRQௐE\ௐVXEPLWWLQJௐDௐSXUFKDVHௐ RUGHUௐWRௐRXUௐVDOHVௐWHDPௐYLDௐHPDLOௐௐ7KLVௐJLYHVௐFRPSOHWHௐDXWRQRP\ௐWRௐWKHௐFOLHQWௐWRௐSXUFKDVHௐYHKLFOHVௐZLWKRXWௐWKHௐQHHGௐ WRௐVSHDNௐWRௐDௐVDOHVௐUHSௐௐ,IௐDVVLVWDQFHௐLVௐQHHGHGௐWKH\ௐFDQௐFRQWDFWௐVDOHVௐWKURXJKௐHPDLOௐOLYHௐFKDWௐRUௐSKRQHௐௐ,IௐVXSSRUWௐ LVௐUHTXLUHGௐWRௐEXLOGௐDௐTXRWHௐRXUௐVDOHVௐUHSVௐDUHௐDYDLODEOHௐWRௐDVVLVWௐWKHௐFOLHQWௐVWHSௐE\ௐVWHSௐௐ 2QFHௐWKHௐYHKLFOHௐLVௐEXLOWௐWRௐWKHௐFOLHQW¶VௐQHHGVௐJRYHUQPHQWௐDJHQFLHVௐDUHௐDOVRௐDEOHௐWRௐXSORDGௐDௐSXUFKDVHௐRUGHUௐIURPௐ WKHLUௐDFFRXQWௐWRௐSXUFKDVHௐDௐYHKLFOHௐௐ1$)*ௐZLOOௐWKHQௐSURFHVVௐWKHௐSXUFKDVHௐRUGHUௐDQGௐSODFHௐWKHௐYHKLFOHௐRQௐRUGHUௐZLWKௐ WKHௐPDQXIDFWXUHUௐௐ*RYHUQPHQWௐDJHQFLHVௐDUHௐDOVRௐDEOHௐWRௐWUDFNௐWKHௐVWDWXVௐRIௐWKHLUௐRUGHUௐXVLQJௐWKHௐ(7$ௐWUDFNLQJௐ DYDLODEOHௐRQௐWKHௐ1$)*ௐZHEVLWHௐ
2XUௐZHEVLWHௐSXWVௐWKHௐSRZHUௐWRௐRUGHUௐYHKLFOHVௐGLUHFWO\ௐLQௐ\RXUௐKDQGVௐZLWKௐDௐXVHUIULHQGO\ௐDSSURDFKௐWKDWௐHPSRZHUVௐ JRYHUQPHQWௐDJHQFLHVௐWRௐFKRRVHௐWKHௐSHUIHFWௐVROXWLRQௐIRUௐWKHLUௐQHHGVௐ%URZVHௐWKURXJKௐDௐFRPSUHKHQVLYHௐVHOHFWLRQௐRIௐ YHKLFOHௐPDNHVௐDQGௐPRGHOVௐRUௐFXVWRPL]Hௐ\RXUௐLGHDOௐYHKLFOHௐZLWKௐIHDWXUHVௐWDLORUHGௐWRௐ\RXUௐVSHFLILFௐUHTXLUHPHQWVௐ*HWௐDௐ SHUVRQDOL]HGௐTXRWHௐZLWKௐXSIURQWௐSULFLQJௐLQௐDVௐOLWWOHௐDVௐௐPLQXWHVௐGHSHQGLQJௐRQௐWKHௐFRPSOH[LW\ௐRIௐ\RXUௐFKRVHQௐYHKLFOHௐ 8SILWWLQJௐQHHGHG"ௐ1RௐSUREOHPௐ5HDFKௐRXWௐWRௐRXUௐGHGLFDWHGௐVDOHVௐWHDPௐYLDௐSKRQHௐHPDLOௐOLYHௐFKDWௐRUௐVLPSO\ௐPHQWLRQௐ \RXUௐUHTXLUHPHQWVௐGLUHFWO\ௐLQௐWKHௐVHOITXRWLQJௐV\VWHP
2QFHௐDௐJRYHUQPHQWௐPXQLFLSDOLW\ௐLVௐUHDG\ௐWRௐSXUFKDVHௐWKH\ௐFDQௐVLPSO\ௐVXEPLWௐDௐSXUFKDVHௐRUGHUௐWKURXJKௐWKHLUௐRQOLQHௐ DFFRXQWௐ:HௐRIIHUௐFRPSOHWHௐDXWRQRP\ௐDOORZLQJௐEX\HUVௐWRௐDFTXLUHௐYHKLFOHVௐZLWKRXWௐQHHGLQJௐWRௐVSHDNௐGLUHFWO\ௐWRௐDௐVDOHVௐ UHSUHVHQWDWLYHௐௐ+RZHYHUௐRXUௐH[SHUWௐWHDPௐLVௐDOZD\VௐDYDLODEOHௐWRௐDVVLVWௐLIௐWKH\ௐQHHGௐDௐKHOSLQJௐKDQGௐ2XUௐDVVLVWDQFHௐLVௐ DYDLODEOHௐYLDௐHPDLOௐOLYHௐFKDWௐRUௐSKRQHௐ±
)RUௐJRYHUQPHQWௐDJHQFLHVௐWKHௐSURFHVVௐLVௐVWUHDPOLQHGௐHYHQௐIXUWKHUௐ7KH\ௐDUHௐDEOHௐWRௐVWD\ௐLQIRUPHGௐWKURXJKRXWௐWKHௐHQWLUHௐ MRXUQH\ௐZLWKௐRXUௐFRQYHQLHQWௐ(7$ௐWUDFNLQJௐV\VWHPௐDFFHVVLEOHௐULJKWௐRQௐWKHௐ1$)*ௐZHEVLWH ([SHULHQFHௐWKHௐFRQYHQLHQFHௐDQGௐFRQWUROௐRIௐRQOLQHௐYHKLFOHௐRUGHULQJௐIRUௐJRYHUQPHQWௐDJHQFLHVௐZLWKௐ1$)*ௐ9LVLWௐRXUௐ ZHEVLWHௐWRGD\ௐDQGௐHPSRZHUௐ\RXUௐDJHQF\ௐWRௐDFTXLUHௐWKHௐSHUIHFWௐYHKLFOHௐVROXWLRQ $VௐRIௐWRGD\ௐ1DWLRQDOௐ$XWRௐ)OHHWௐ*URXSௐKDVௐRYHUௐௐPHPEHUVௐUHJLVWHUHGௐRQௐRXUௐZHEVLWHௐDQGௐௐFXVWRPHUVௐEX\LQJௐ IURPௐXV
7DEOH
9DOXH$GGHG$WWULEXWHV
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
'HVFULEHௐDQ\ௐSURGXFWௐHTXLSPHQWௐPDLQWHQDQFHௐRUௐRSHUDWRUௐ WUDLQLQJௐSURJUDPVௐWKDWௐ\RXௐRIIHUௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐ ,QFOXGHௐGHWDLOVௐVXFKௐDVௐZKHWKHUௐWUDLQLQJௐLVௐVWDQGDUGௐRUௐRSWLRQDOௐ ZKRௐSURYLGHVௐWUDLQLQJௐDQGௐDQ\ௐFRVWVௐWKDWௐDSSO\
1$)*ௐH[WHQGVௐDQ\ௐDQGௐDOOௐ6HUYLFHௐ7UDLQLQJௐ3URJUDPVௐSURYLGHGௐE\ௐWKHௐ0DQXIDFWXUHUௐ0DQ\ௐRIௐWKHௐSURJUDPVௐRIIHUHGௐDUHௐ TXRWHGௐLQGLYLGXDOO\ௐE\ௐWKHௐPDQXIDFWXUHௐEDVHGௐRQௐFODVVௐVL]HௐDQGௐUHJLRQௐRIௐWKHௐFRXQWU\ௐ1$)*ௐZLOOௐSDVVௐWKHVHௐTXRWHVௐ RQWRௐWKHௐPHPEHUௐDWௐ1$)*ௐFRVW
'HVFULEHௐDQ\ௐWHFKQRORJLFDOௐDGYDQFHVௐWKDWௐ\RXUௐSURSRVHGௐSURGXF WVௐ RUௐVHUYLFHVௐRIIHU
:LWKௐZRUOGௐOHDGHUVௐLQௐFKDVVLVௐWHFKQRORJ\ௐOLNHௐ)RUGௐ0RWRUௐ&RPSDQ\ௐ*HQHUDOௐ0RWRU¶VௐDQGௐ0$&.ௐ7UXFNௐZKLFKௐWKHௐ PHPEHUௐDXWRPDWLFDOO\ௐJHWVௐWKHௐEHQHILWௐRIௐWKHௐODWHVWௐXSௐWRௐGDWHௐWHFKQRORJ\ௐ1$)*ௐRIIHUVௐRXUௐGHDOHUௐERG\ௐWRௐWKHௐ PHPEHUVௐIRUௐWKHௐPRVWௐOHDGLQJௐXSௐWRௐGDWHௐLQIRUPDWLRQ
'HVFULEHௐDQ\ௐ³JUHHQ´ௐLQLWLDWLYHVௐWKDWௐUHODWHௐWRௐ\RXUௐFRPSDQ\ௐRUௐWRௐ \RXUௐSURGXFWVௐRUௐVHUYLFHVௐDQGௐLQFOXGHௐDௐOLVWௐRIௐWKHௐFHUWLI\LQJௐ DJHQF\ௐIRUௐHDFK
1$)*ௐKDVௐ3DUWQHUHGௐWRௐFUHDWHௐDௐௐ86ௐ0D\RUௐ'ULYHௐ&OLPDWHௐ0D\RUௐ3XUFKDVLQJௐ&ROODERUDWLYHௐZZZ'ULYHHYIOHHWRUJௐWRௐ KHOSௐVSUHDGௐWKHௐEHQHILWௐRIௐPHPEHUVௐJRLQJௐௐJUHHQௐ:HௐKDYHௐௐ3XUHௐ(OHFWULFௐYHKLFOHVௐWRௐRIIHUௐVXFKௐDVௐWKHௐ &KHYUROHWௐ%ROWௐDQGௐ)RUGௐ)XVLRQௐZKLFKௐDUHௐDOOௐSUHGHFHVVRUVௐWRௐWKHௐ$OOௐ1HZௐ)RUGௐ(OHFWULFௐ)ௐ:HௐDUHௐFHUWDLQௐRYHUௐ WKHௐQH[WௐIHZௐ\HDUVௐ)RUGௐDQGௐPDQ\ௐRWKHUௐPDQXIDFWXUHUVௐZLOOௐEHௐPDNLQJௐDYDLODEOHௐௐSXUHௐHOHFWULFௐFDEௐFKDVVLVௐIRUௐ PHPEHUVௐWRௐVHOHFWௐIURP
,GHQWLI\ௐDQ\ௐWKLUGSDUW\ௐLVVXHGௐHFRODEHOVௐUDWLQJVௐRUௐFHUWLILFDWLRQVௐ WKDWௐ\RXUௐFRPSDQ\ௐKDVௐUHFHLYHGௐIRUௐWKHௐHTXLSPHQWௐRUௐSURGXFWVௐ LQFOXGHGௐLQௐ\RXUௐ3URSRVDOௐUHODWHGௐWRௐHQHUJ\ௐHIILFLHQF\ௐRUௐ FRQVHUYDWLRQௐOLIHF\FOHௐGHVLJQௐ
FUDGOHWRFUDGOH
ௐRUௐRWKHUௐ
JUHHQVXVWDLQDELOLW\ௐIDFWRUV
)RUGௐ0RWRUௐ&RPSDQ\ௐDQGௐ*HQHUDOௐ0RWRUVௐMXVWௐWRௐQDPHௐௐRIௐWKHௐௐ2(0 VௐZHௐDUHௐUHSUHVHQWLQJௐKDYHௐOHDGLQJௐHGJHௐ
FHUWLILFDWLRQVௐDQGௐUDWLQJௐZKLFKௐSURYLGHௐWKHPௐWKHௐDELOLW\ௐWRௐRIIHUௐWKHUHௐSURGXFWVௐQDWLRQZLGH
'HVFULEHௐDQ\ௐ:RPHQௐRUௐ0LQRULW\ௐ%XVLQHVVௐ(QWLW\ௐ
:0%(
ௐ6PDOOௐ
%XVLQHVVௐ(QWLW\ௐ
6%(
ௐRUௐYHWHUDQௐRZQHGௐEXVLQHVVௐFHUWLILFDWLRQVௐ
WKDWௐ\RXUௐFRPSDQ\ௐRUௐ+8%ௐSDUWQHUVௐKDYHௐREWDLQHGௐ8SORDGௐ GRFXPHQWDWLRQௐRIௐFHUWLILFDWLRQௐ
DVௐDSSOLFDEOH
ௐLQௐWKHௐGRFXPHQWௐ
XSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH
:HௐKROGௐDௐ0LQRULW\ௐ&HUWLILFDWLRQௐWKURXJKௐWKHௐ&DOLIRUQLDௐ&OHDULQJௐ+RXVHௐ$XWKRUL]DWLRQ
:KDWௐXQLTXHௐDWWULEXWHVௐGRHVௐ\RXUௐFRPSDQ\ௐ\RXUௐSURGXFWVௐRUௐ\RXUௐ VHUYLFHVௐRIIHUௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHV"ௐ:KDWௐPDNHVௐ \RXUௐSURSRVHGௐVROXWLRQVௐXQLTXHௐLQௐ\RXUௐLQGXVWU\ௐDVௐLWௐDSSOLHVௐWRௐ 6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHV"
1$)*
VௐGHGLFDWLRQௐWRௐWKHௐPHPEHUௐ1$)*ௐKDVௐEXLOWௐLWVௐGLYLVLRQௐVROHO\ௐIRUௐWKHௐSXUSRVHௐRIௐVHUYLQJௐWKHௐPHPEHUVௐ H[SHULHQFHௐIURPௐRXUௐKRXUௐPHPEHUௐZHEVLWHௐRUௐZHEVLWHௐLPSURYHPHQWVௐDQGௐFDSDELOLWLHVௐWRௐWKLQNLQJௐRXWVLGHௐWKHௐER[ௐWRௐ KHOSௐDௐPHPEHUௐILQGௐDௐVROXWLRQ
Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC
112
7DEOH
$
:DUUDQW\
'HVFULEHLQGHWDLO\RXUPDQXIDFWXUHUZDUUDQW\SURJUDPLQFOXGLQJFRQGLWLRQVDQGUHTXLUHPHQWVWRTXDOLI\FODLPVSURFHGXUHDQGRYHUDOOVWUXFWXUH <RXPD\XSORDGUHSUHVHQWDWLYHVDPSOHVRI\RXUZDUUDQW\PDWHULDOV LIDSSOLFDEOH
LQWKHGRFXPHQWXSORDGVHFWLRQRI\RXUUHVSRQVHLQDGGLWLRQWRUHVSRQGLQJWRWKHTXHVWLRQVEHORZ /LQH
,WHP 4XHVWLRQ 5HVSRQVH
'Rௐ\RXUௐZDUUDQWLHVௐFRYHUௐDOOௐSURGXFWVௐSDUWVௐDQGௐODERU" :HௐKD YHௐDWWDFKHGௐDOOௐ:DUUDQW\ௐLQIRUPDWLRQௐSURYLGHGௐE\ௐDOOௐௐPDQXIDFWXUHUVௐRIIHUHGௐLQௐRXUௐSURSRVDOௐDVௐDQௐDGGHGௐ DWWDFKPHQW
'Rௐ\RXUௐZDUUDQWLHVௐLPSRVHௐXVDJHௐUHVWULFWLRQVௐRUௐRWKHUௐOLPLWDWLRQVௐ WKDWௐDGYHUVHO\ௐDIIHFWௐFRYHUDJH"
(DFKௐPDQXIDFWXUHUௐKDYHௐWKHUHௐRZQௐXVDJHௐUHVWULFWLRQVௐWKDWௐDௐPHPEHUௐVKRXOGௐEHௐDZDUHௐRIௐ6XFKௐDQௐLPSURSHUௐXVHௐRIௐDௐ FKDVVLVௐPD\ௐQRWௐDOORZௐLWௐWRௐEHௐFRYHUHGௐXQGHUௐZDUUDQW\ௐ)RUௐH[DPSOHௐDௐ)ௐEHLQJௐXVHGௐIRUௐDௐSROLFHௐUDWHGௐSXUVXLWௐ YHKLFOHௐZRXOGௐYRLGௐFHUWDLQௐZDUUDQWLHVௐ:HௐHQFRXUDJHௐIRUௐHDFKௐPHPEHUௐWRௐFRQWDFWௐXVௐIRUௐWKHUHௐSDUWLFXODUௐZDUUDQW\ௐ FRYHUDJH
'Rௐ\RXUௐZDUUDQWLHVௐFRYHUௐWKHௐH[SHQVHௐRIௐWHFKQLFLDQV¶ௐWUDYHOௐWLPHௐ DQGௐPLOHDJHௐWRௐSHUIRUPௐZDUUDQW\ௐUHSDLUV"
<HVௐLQௐVRPHௐFDVHVௐRIௐDௐEUHDNGRZQௐHYHQWௐPDQXIDFWXUHUVௐZRXOGௐWRZௐ\RXUௐYHKLFOHௐWRௐWKHUHௐQHDUHVWௐZDUUDQW\ௐUHSDLUௐIDFLOLW\
$UHௐWKHUHௐDQ\ௐJHRJUDSKLFௐUHJLRQVௐRIௐWKHௐ8QLWHGௐ6WDWHVௐRUௐ &DQDGDௐ
DVௐDSSOLFDEOH
ௐIRUௐZKLFKௐ\RXௐFDQQRWௐSURYLGHௐDௐFHUWLILHGௐ
WHFKQLFLDQௐWRௐSHUIRUPௐZDUUDQW\ௐUHSDLUV"ௐௐ
+RZௐZLOOௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐLQௐWKHVHௐUHJLRQVௐEHௐ SURYLGHGௐVHUYLFHௐIRUௐZDUUDQW\ௐUHSDLU"
(DFKௐPDQXIDFWXUHௐLVௐGLIIHUHQWௐDQGௐZHௐHQFRXUDJHௐSULRUௐWRௐSXUFKDVLQJௐDௐSURGXFWௐWRௐFDOOௐLQௐDQGௐDVNௐDERXWௐ\RXUௐVSHFLILFௐ UHJLRQௐDQGௐKRZௐLW¶VௐFRYHUHG
:LOOௐ\RXௐFRYHUௐZDUUDQW\ௐVHUYLFHௐIRUௐLWHPVௐPDGHௐE\ௐRWKHUௐ PDQXIDFWXUHUVௐWKDWௐDUHௐSDUWௐRIௐ\RXUௐSURSRVDOௐRUௐDUHௐWKHVHௐ ZDUUDQWLHVௐLVVXHVௐW\SLFDOO\ௐSDVVHGௐRQௐWRௐWKHௐRULJLQDOௐHTXLSPHQWௐ PDQXIDFWXUHU"
$OOௐZDUUDQWLHVௐDUHௐSDVVHGௐRQௐWRௐWKHௐRULJLQDOௐHTXLSPHQWௐPDQXIDFWXUHU
:KDWௐDUHௐ\RXUௐSURSRVHGௐH[FKDQJHௐDQGௐUHWXUQௐSURJUDPVௐDQGௐ SROLFLHV"
:HௐRIIHUௐQRௐH[FKDQJHௐUHWXUQௐSURJUDPVௐRUௐSROLFLHVௐ2QFHௐDQௐRUGHUௐLVௐLQௐSURGXFWLRQௐZLWKௐWKHௐIDFWRU\ௐDQGௐ1$)*ௐFDQௐQRWௐ FDQFHOௐWKHௐRUGHUௐDIWHUௐWU\LQJௐWRௐFDQFHOௐZLWKௐWKHௐPDQXIDFWXUHUௐWKHQௐWKHௐRUGHUௐLVௐQRQFDQFHOODEOH 'HVFULEHௐDQ\ௐVHUYLFHௐFRQWUDFWௐRSWLRQVௐIRUௐWKHௐLWHPVௐLQFOXGHGௐLQௐ \RXUௐSURSRVDO
:HௐRIIHUௐDQ\ௐDQGௐDOOௐPDQXIDFWXUHUௐVHUYLFHௐFRQWUDFWVௐWRௐDOOௐPHPEHUVௐ7KHUHௐDUHௐVHYHUDOௐSDUDPHWHUVௐZKLFKௐDௐFXVWRPL]HGௐ VHUYLFHௐFRQWUDFWௐFDQௐEHௐFUHDWHGௐ1$)*ௐZLOOௐWUHDWௐHDFKௐRIௐWKHVHௐDVௐDQௐDGGHGௐIDFWRU\ௐRSWLRQௐDQGௐIROORZௐWKHௐVDPHௐ GLVFRXQWௐVFKHGXOHௐLQௐWKHௐSULFHௐILOH
7DEOH
3D\PHQW7HUPVDQG)LQDQFLQJ2SWLRQV
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
'HVFULEHௐ\RXUௐSD\PHQWௐWHUPVௐDQGௐDFFHSWHGௐSD\PHQWௐPHWKRGV 3D\P HQWௐWHUPVௐDUHௐ1HWௐௐZLWKௐDௐGD\ௐJUDFHௐSHULRG 'HVFULEHௐDQ\ௐOHDVLQJௐRUௐILQDQFLQJௐRSWLRQVௐDYDLODEOHௐIRUௐXVHௐE\ௐ HGXFDWLRQDOௐRUௐJRYHUQPHQWDOௐHQWLWLHV
1$)*ௐKDVௐSDUWQHUHGௐZLWKௐ1DWLRQDOௐ&RRSHUDWLYHௐ/HDVLQJௐWRௐRIIHUௐ6RXUFHZHOOௐ&RQWUDFWௐ/HDVHௐ7HUPVௐWRௐDOOௐ1$)*ௐ4XRWHVௐ IRUௐDOOௐ6RXUFHZHOOௐ0HPEHUVௐ:HௐKDYHௐDWWDFKHGௐDௐ3')ௐFDOOHGௐ³1&/ௐ6DPSOHௐ/HDVH´ௐLQௐWKHௐ=LSௐ)LOHௐ&DOOHGௐ³0HPEHUௐ :DONௐ7KURXJK´
'HVFULEHௐDQ\ௐVWDQGDUGௐWUDQVDFWLRQௐGRFXPHQWVௐWKDWௐ\RXௐSURSRVHௐ WRௐ XVHௐLQௐFRQQHFWLRQௐZLWKௐDQௐDZDUGHGௐFRQWUDFWௐ
RUGHUௐIRUPVௐWHUPVௐ
DQGௐFRQGLWLRQVௐVHUYLFHௐOHYHOௐDJUHHPHQWVௐHWF
ௐ8SORDGௐDௐVDPSOHௐ
RIௐHDFKௐ
DVௐDSSOLFDEOH
ௐLQௐWKHௐGRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐ
UHVSRQVH
:HௐDWWDFKHGௐRXUௐ6WDQGDUGௐ'RFXPHQWVௐWKDWௐDOOௐPHPEHUௐZRXOGௐVHHௐLQௐDௐW\SLFDOௐWUDQVDFWLRQௐ6WDUWLQJௐZLWKௐDOOௐTXRWHVௐ ZKLFKௐFRQWDLQௐWKHUHௐXQLTXHௐ4XRWHௐ,'ௐRQௐWKHௐWRSௐRIௐHDFKௐTXRWHௐ$ௐPHPEHUௐFDQௐWKHQௐFDOOௐDQGௐKHOSௐXVௐLGHQWLI\ௐZKLFKௐ TXRWHௐWKH\ௐDUHௐLQTXLULQJௐZLWKLQௐVRௐZHௐFDQௐKHOSௐKHPௐTXLFNHUௐ (DFKௐTXRWHௐKDVௐLWVௐOLVWௐRIௐVWDQGDUGௐHTXLSPHQWௐDQGௐVHOHFWHGௐHTXLSPHQWௐWKHௐPHPEHUௐKDVௐFKRVHQௐIRUௐWKHPVHOYHVௐ )ROORZHGௐE\ௐWKHௐFRQWUDFWௐGLVFRXQWௐRQௐHDFKௐFRYHUௐSDJHௐVRௐWKHௐPHPEHUௐFDQௐHDVLO\ௐVHHௐWKHUHௐ6RXUFHZHOOௐVDYLQJௐ$ௐ VDPSOHௐWUDQVDFWLRQௐKDVௐEHHQௐDWWDFKHG
'Rௐ\RXௐDFFHSWௐWKHௐ3FDUGௐSURFXUHPHQWௐDQGௐSD\PHQWௐSURFHVV"ௐ ,IௐVRௐLVௐWKHUHௐDQ\ௐDGGLWLRQDOௐFRVWௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐ HQWLWLHVௐIRUௐXVLQJௐWKLVௐSURFHVV"
<HVௐXSௐWRௐௐௐSHUௐYHKLFOHௐDQ\ௐDPRXQWௐKLJKHUௐWKDQௐௐௐZRXOGௐFDUU\ௐDௐ3FDUGௐ&UHGLWௐ&DUGௐWUDQVDFWLRQௐIHHௐ ZKLFKௐZLOOௐEHௐSDVVHGௐRQWRௐWKHௐPHPEHU
Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC
113
7DEOH
3ULFLQJDQG'HOLYHU\
3URYLGHGHWDLOHGSULFLQJLQIRUPDWLRQLQWKHTXHVWLRQVWKDWIROORZEHORZ.HHSLQPLQGWKDWUHDVRQDEOHSULFHDQGSURGXFWDGMXVWPHQWVFDQEHPDGHGXULQJWKHWHUPRIDQDZDUGHG&RQWUDFWDV GHVFULEHGLQWKH5)3WKHWHPSODWH&RQWUDFWDQGWKH6RXUFHZHOO3ULFHDQG3URGXFW&KDQJH5HTXHVW)RUP /LQH
,WHP 4XHVWLRQ 5HVSRQVH
'HVFULEHௐ\RXUௐSULFLQJௐPRGHOௐ
HJௐOLQHLWHPௐGLVFRXQWVௐRUௐSUR GXFW
FDWHJRU\ௐGLVFRXQWV
ௐ
3URYLGHௐGHWDLOHGௐSULFLQJௐGDWDௐ
LQFOXGLQJௐVWDQGDUGௐRUௐOLVWௐSULFLQJௐ
DQGௐWKHௐ6RXUFHZHOOௐGLVFRXQWHGௐSULFH
ௐRQௐDOOௐRIௐWKHௐLWHPVௐWKDWௐ\RXௐ
ZDQWௐ6RXUFHZHOOௐWRௐFRQVLGHUௐDVௐSDUWௐRIௐ\RXUௐ5)3ௐUHVSRQVHௐ ,IௐDSSOLFDEOHௐSURYLGHௐDௐ6.8ௐIRUௐHDFKௐLWHPௐLQௐ\RXUௐSURSRVDOௐ 8SORDGௐ\RXUௐSULFLQJௐPDWHULDOVௐ
LIௐDSSOLFDEOH
ௐLQௐWKHௐGRFXPHQWௐ
XSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH
1$)*ௐLVௐRIIHULQJௐ/LQHௐ,WHPௐ'LVFRXQWVௐ2IIௐ0653ௐIRUௐௐPDQXIDFWXUHUVௐGHWDLOHGௐLQௐWKHௐ3ULFHௐ)LOHௐ1$)*ௐLVௐRIIHULQJௐDOOௐ 8SILWVௐWRௐEHௐDGGHGௐWRௐDQ\ௐDQGௐDOOௐFKDVVLVௐFDEVௐDQGௐWUXFNVௐGHWDLOVௐDUHௐRQௐWKHௐ6XPPDU\ௐ3DJHௐLQௐWKHௐSULFHௐILOH
4XDQWLI\ௐWKHௐSULFLQJௐGLVFRXQWௐUHSUHVHQWHGௐE\ௐWKHௐSULFLQJௐSURSRVDOௐ LQௐWKLVௐUHVSRQVHௐ)RUௐH[DPSOHௐLIௐWKHௐSULFLQJௐLQௐ\RXUௐUHVSRQVHௐ UHSUHVHQWVௐDௐSHUFHQWDJHௐGLVFRXQWௐIURPௐ0653ௐRUௐOLVWௐVWDWHௐWKHௐ SHUFHQWDJHௐRUௐSHUFHQWDJHௐUDQJH
(DFKௐ0DQXIDFWXUHௐ3URGXFWௐ5DQJHௐLVௐGHWDLOHGௐLQௐWKHௐWDEVௐEHORZௐKHUHௐLVௐDQௐRYHUYLHZௐௐௐௐௐௐௐௐௐௐௐௐ )RUGௐ0RWRUௐ&RPSDQ\ௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐ
5$0ௐ6WDOODQWLVௐ&RPSDQ\ௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐ
&KHYUROHWௐIURPௐௐWRௐ
ௐௐௐௐௐௐௐௐௐௐௐௐ
$XWRFDUௐDWௐ
ௐௐௐௐௐௐௐௐௐௐௐௐ
,68=8ௐDWௐௐௐௐௐௐௐௐௐௐௐௐௐ
9ROYRௐDWௐௐௐௐௐௐௐௐௐௐௐௐௐ
)UHLJKWOLQHUௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐ
:HVWHUQௐ6WDUௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐ
0$&.ௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐ
.HQZRUWKௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐ
3HWHUELOWௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐ
%DWWOHௐ0RWRUVௐDWௐௐௐௐௐௐௐௐௐௐௐௐௐ
5,=2ௐIURPௐௐWRௐௐௐௐௐௐௐௐௐௐௐௐௐ
5((ௐDWௐௐௐௐௐௐௐௐௐௐௐௐௐ
%ROOLQJHUௐ0RWRUVௐDWௐௐௐௐௐௐௐௐௐௐௐௐௐ
8SILWVௐFDQௐEHௐDGGHGௐDWௐGHDOHUௐLQYRLFHௐXSௐWRௐௐGHWDLOHGௐLQௐWKHௐSULFHௐILOH
'HVFULEHௐDQ\ௐTXDQWLW\ௐRUௐYROXPHௐGLVFRXQWVௐRUௐUHEDWHௐSURJUDPVௐ WKDWௐ\RXௐRIIHU
:HௐHQFRXUDJHௐDQ\ௐDQGௐDOOௐPHPEHUVௐWRௐFRQWDFWௐXVௐLIௐFRQVLGHULQJௐRUGHULQJௐௐDWௐWLPHௐRIௐRUGHUௐRUௐPRUHௐXQLWVௐIRUௐDQௐ DGGLWLRQDOௐGLVFRXQWௐTXRWH
3URSRVHௐDௐPHWKRGௐRIௐIDFLOLWDWLQJௐ³VRXUFHG´ௐSURGXFWVௐRUௐUHODWHGௐ VHUYLFHVௐZKLFKௐPD\ௐEHௐUHIHUUHGௐWRௐDVௐ³RSHQௐPDUNHW´ௐLWHPVௐ RUௐ³QRQVWDQGDUGௐRSWLRQV´ௐ)RUௐH[DPSOHௐ\RXௐPD\ௐVXSSO\ௐVXFKௐ LWHPVௐ³DWௐFRVW´ௐRUௐ³DWௐFRVWௐSOXVௐDௐSHUFHQWDJH´ௐRUௐ\RXௐPD\ௐVXSSO\ௐ DௐTXRWHௐIRUௐHDFKௐVXFKௐUHTXHVW
2SHQௐ0DUNHWௐSURGXFWVௐRUௐ6RXUFHGௐ*RRGVௐZLOOௐEHௐWUHDWHGௐDVௐDQ\ௐXSILWௐDQGௐPD\ௐEHௐTXRWHGௐXSௐWRௐDௐௐPDUNXSௐLIௐ DSSOLFDEOH
,GHQWLI\ௐDQ\ௐHOHPHQWௐRIௐWKHௐWRWDOௐFRVWௐRIௐDFTXLVLWLRQௐWKDWௐLV ௐ127ௐ LQFOXGHGௐLQௐWKHௐSULFLQJௐVXEPLWWHGௐZLWKௐ\RXUௐUHVSRQVHௐ
7KLVௐLQFOXGHVௐDOOௐDGGLWLRQDOௐFKDUJHVௐDVVRFLDWHGௐZLWKௐDௐSXUFKDVHௐ WKDWௐDUHௐQRWௐGLUHFWO\ௐLGHQWLILHGௐDVௐIUHLJKWௐRUௐVKLSSLQJௐFKDUJHVௐ)RUௐ H[DPSOHௐOLVWௐFRVWVௐIRUௐLWHPVௐOLNHௐSUHGHOLYHU\ௐLQVSHFWLRQௐ LQVWDOODWLRQௐVHWௐXSௐPDQGDWRU\ௐWUDLQLQJௐRUௐLQLWLDOௐLQVSHFWLRQௐ,GHQWLI\ௐ DQ\ௐSDUWLHVௐWKDWௐLPSRVHௐVXFKௐFRVWVௐDQGௐWKHLUௐUHODWLRQVKLSௐWRௐWKHௐ 3URSRVHU
$OOௐFRQVLGHUDWLRQVௐKDYHௐEHHQௐWDNHQௐLQWRௐDFFRXQWௐLQௐWKHௐSULFHௐILOHௐLQௐLWVௐHQWLUHW\ௐ3ULFHௐ6XPPDU\ௐ3DJHௐDQGௐ3ULFHௐ7DEVௐ FRQWDLQௐDOOௐFRVWVௐDVVRFLDWHGௐZLWKௐDOOௐTXRWHVௐ,IௐDௐPHPEHUௐZRXOGௐOLNHௐDௐTXRWHௐIRUௐDௐSDUWLFXODUௐVLWXDWLRQௐDQGௐWKHௐLWHPௐ QHHGHGௐVSHFLDOௐWUDLQLQJௐRUௐLQVWDOODWLRQௐWKHVHௐFKDUJHVௐZRXOGௐEHௐDGGHGௐDVௐSDUWௐRIௐWKHௐXSILWௐDQGௐLQFOXGHGௐLQௐWKHௐ PHPEHUVௐTXRWH
,IௐIUHLJKWௐGHOLYHU\ௐRUௐVKLSSLQJௐLVௐDQௐDGGLWLRQDOௐFRVWௐWRௐWKHௐ 6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLW\ௐGHVFULEHௐLQௐGHWDLOௐWKHௐFRPSOHWHௐ IUHLJKWௐVKLSSLQJௐDQGௐGHOLYHU\ௐSURJUDP
$OOௐPDQXIDFWXUHUVௐFKDUJHௐDௐVWDQGDUGL]HGௐ³)DFWRU\ௐ'HVWLQDWLRQௐ&KDUJH´ௐZKLFKௐLVௐGLVSOD\HGௐRQௐDOOௐZLQGRZௐVWLFNHUVௐDQGௐ RQௐDOOௐWUXFNVௐRQௐDௐGHDOHU¶VௐORWௐ7KLVௐLVௐQRWௐWKHௐQHHGHGௐGHVWLQDWLRQௐFKDUJHௐWKDWௐPD\EHௐFKDUJHGௐWRௐWKHQௐVKLSௐDௐFKDVVLVௐ WRௐDQGௐIURPௐDQௐLQVWDOOHUௐWKHVHௐVXEVHTXHQWௐPRYHPHQWVௐDUHௐDOOௐDGGHGௐIUHLJKWௐFKDUJHVௐDQGௐZLOOௐGLVSOD\HGௐRQௐWKHௐ PHPEHUVௐTXRWH
6SHFLILFDOO\ௐGHVFULEHௐIUHLJKWௐVKLSSLQJௐDQGௐGHOLYHU\ௐWHUPVௐR Uௐ SURJUDPVௐDYDLODEOHௐIRUௐ$ODVNDௐ+DZDLLௐ&DQDGDௐRUௐDQ\ௐRIIVKRUHௐ GHOLYHU\
)UHLJKWௐWRௐWKHVHௐUHJLRQVௐFDUU\ௐDௐVSHFLILFௐORJLVWLFDOௐEDUULHUௐZKLFKௐFDUU\ௐDGGHGௐFRVWௐVXFKௐDVௐIHUU\ௐSRUWௐDQGௐGULYHUௐFRVWௐ ERWKௐWRௐDQGௐIURPௐWKHௐPDLQODQGௐ7KHVHௐDGGHGௐFRVWVௐZLOOௐEHௐGLVFORVHGௐDQGௐDGGHGௐWRௐDQ\ௐTXRWHௐIRUௐWKHௐPHPEHUௐWRௐ UHYLHZ
'HVFULEHௐDQ\ௐXQLTXHௐGLVWULEXWLRQௐDQGRUௐGHOLYHU\ௐPHWKRGVௐRUௐ RSWLRQVௐRIIHUHGௐLQௐ\RXUௐSURSRVDO
1$)*ௐZLOOௐXWLOL]HௐWKHௐSRZHUௐDQGௐH[SHUWLVHௐRIௐWKHௐDOUHDG\ௐHVWDEOLVKHGௐ$XWRPRELOHௐ)UDQFKLVHௐ'LVWULEXWLRQௐ1HWZRUNௐWRௐKDYHௐ PHPEHUVௐYHKLFOHVௐGHOLYHUHGௐSURPSWO\ௐWKHUHௐGHVWLQDWLRQ 7DEOH
3ULFLQJ2IIHUHG
/LQH
,WHP 7KH3ULFLQJ2IIHUHGLQWKLV3URSRVDOLV
&RPPHQWV
FEHWWHUWKDQWKH3URSRVHUW\SLFDOO\RIIHUVWR*32VFRRSHUD WLYHSURFXUHPHQWRUJDQL]DWLRQVRUVWDWHSXUFKDVLQJGHSDUWPHQWV 1$)*ௐ2IIHUVௐ0HPEHUVௐRIௐ6RXUFHZHOOௐWKHௐ YHU\ௐEHVWௐVHOHFWLRQௐDQGௐVHUYLFHௐIRUௐWKHௐ
RYHUDOOௐEHVWௐYDOXHௐZHௐFDQௐRIIHU
7DEOH
$XGLWDQG$GPLQLVWUDWLYH)HH
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
6SHFLILFDOO\ௐGHVFULEHௐDQ\ௐVHOIDXGLWௐSURFHVVௐRUௐSURJUDPௐWKDWௐ\RXௐ SODQௐWRௐHPSOR\ௐWRௐYHULI\ௐFRPSOLDQFHௐZLWKௐ\RXUௐSURSRVHGௐ&RQWUDFWௐ ZLWKௐ6RXUFHZHOOௐ
7KLVௐSURFHVVௐLQFOXGHVௐHQVXULQJௐWKDWௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐ HQWLWLHVௐREWDLQௐWKHௐSURSHUௐSULFLQJௐWKDWௐWKHௐ9HQGRUௐUHSRUWVௐDOOௐVDOHVௐ XQGHUௐWKHௐ&RQWUDFWௐHDFKௐTXDUWHUௐDQGௐWKDWௐWKHௐ9HQGRUௐUHPLWVௐWKHௐ SURSHUௐDGPLQLVWUDWLYHௐIHHௐWRௐ6RXUFHZHOOௐ
3URYLGHௐVXIILFLHQWௐGHWDLOௐWRௐVXSSRUWௐ\RXUௐDELOLW\ௐWRௐUHSRUWௐTXDUWHUO\ௐ VDOHVௐWRௐ6RXUFHZHOOௐDVௐGHVFULEHGௐLQௐWKHௐ&RQWUDFWௐWHPSODWH :HௐKDYHௐFUHDWHGௐDௐPHPEHUௐIULHQGO\ௐWRௐEXLOGௐDQGௐSULFHௐWKHUHௐFKDVVLVௐFDEVௐRQௐWKHௐSULFLQJௐLVௐEXLOWௐGLUHFWO\ௐLQWRௐWKHௐ ZHEVLWHௐDQGௐLVௐORDGHGௐGDLO\ௐE\ௐWKHௐPDQXIDFWXUHௐ0653ௐLQIRUPDWLRQௐ2XUௐV\VWHPௐZLOOௐSURYLGHௐDQௐDFFXUDWHௐTXRWHௐ
ௐ
RIௐWKHௐWLPHௐ:HௐKDYHௐVWUHDPௐOLQHGௐKRZௐRXUௐDGPLQௐIHHௐLVௐSURFHVVHGௐWRௐDOORZௐDௐTXLFNௐௐGD\ௐWXUQௐDURXQGௐRQௐ TXDUWHUO\ௐUHSRUWV
,Iௐ\RXௐDUHௐDZDUGHGௐDௐFRQWUDFWௐSURYLGHௐDௐIHZௐH[DPSOHVௐRIௐLQWHUQDOௐ PHWULFVௐWKDWௐZLOOௐEHௐWUDFNHGௐWRௐPHDVXUHௐZKHWKHUௐ\RXௐDUHௐKDYLQJௐ VXFFHVVௐZLWKௐWKHௐFRQWUDFW
:HௐKDYHௐLQWHUQDOௐFKDUWVௐWKDWௐWUDFNௐKRZௐPDQ\ௐPHPEHUVௐZHௐDUHௐVHUYLQJௐSHUௐPRQWKௐDQGௐZKDWௐUHJLRQVௐZHௐQHHGௐWRௐ PDUNHWௐLQWRௐWRௐUDLVHௐDZDUHQHVVௐRIௐ6RXUFHZHOOௐDQGௐRXUௐFRQWUDFWௐ:HௐDOVRௐWUDFNௐKRZௐPDQ\ௐYHKLFOHVௐZHௐGHOLYHUௐWRௐ PHPEHUVௐWRௐVHHௐLIௐRXUௐYROXPHௐLVௐSLFNLQJௐXSௐRUௐZKHUHௐWKHௐFXUUHQWௐPDUNHWௐLVௐDWௐDVௐLWௐGRHVௐIOXFWXDWH
,GHQWLI\ௐDௐSURSRVHGௐDGPLQLVWUDWLYHௐIHHௐWKDWௐ\RXௐZLOOௐSD\ௐWRௐ 6RXUFHZHOOௐIRUௐIDFLOLWDWLQJௐPDQDJLQJௐDQGௐSURPRWLQJௐWKHௐ 6RXUFHZHOOௐ&RQWUDFWௐLQௐWKHௐHYHQWௐWKDWௐ\RXௐDUHௐDZDUGHGௐDௐ &RQWUDFWௐ7KLVௐIHHௐLVௐW\SLFDOO\ௐFDOFXODWHGௐDVௐDௐSHUFHQWDJHௐRIௐ 9HQGRU¶VௐVDOHVௐXQGHUௐWKHௐ&RQWUDFWௐRUௐDVௐDௐSHUXQLWௐIHH
ௐLWௐLVௐQRWௐ
DௐOLQHLWHPௐDGGLWLRQௐWRௐWKHௐ0HPEHU¶VௐFRVWௐRIௐJRRGVௐ
6HHௐWKHௐ5)3ௐDQGௐWHPSODWHௐ&RQWUDFWௐIRUௐDGGLWLRQDOௐGHWDLOV
2XUௐ$GPLQௐ)HHௐKDVௐEHHQௐVWUHDPOLQHGௐWRௐDOORZௐIRUௐJURZWKௐWRௐRFFXUௐZLWKௐPDLQWDLQLQJௐDௐKLJKௐOHYHOௐRIௐDFFXUDF\ௐDQGௐ UHSRUWLQJௐ2XUௐSURSRVHGௐDGPLQௐIHHௐZRXOGௐIROORZௐWKHVHௐJXLGHOLQHV
)ODWௐௐௐSHUௐXQLWௐIRUௐDOOௐXQLWVௐH[FOXGLQJௐ$ODQௐ-D\ௐ$XWRPRWLYHௐ1HWZRUNௐLQௐ)ORULGD 8QLWVௐVROGௐWKURXJKௐ$ODQௐ-D\ௐ$XWRPRWLYHௐ1HWZRUNௐLQௐ)ORULGDௐZLOOௐKDYHௐDௐௐIODW Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC
114
7DEOH$
'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV 3URSRVHUVVXEPLWWLQJDSURSRVDOLQ&DWHJRU\DVGHILQHGKHUHLQZLOOEHVXEPLWWLQJLQWKHEURDGFDWHJRU\WKDWLQFOXGHVDOOW\SHVRIHQJLQHVIXHODQGSURSXOVLRQV\VWHPV)RUH[DPSOHLID 3URSRVHURIIHUVFKDVVLVDQGFDEVZLWK,QWHUQDO&RPEXVWLRQ(QJLQHV ,&(
DVZHOODVFKDVVLVDQGFDEVZLWKHOHFWULFSURSXOVLRQV\VWHPVWKH3URSRVHUVKRXOGGHVLJQDWHLWLVVHHNLQJDQDZDUG LQ&DWHJRU\RQO\3URSRVHUVVHHNLQJDQDZDUGLQ&DWHJRU\DVGHILQHGKHUHLQPXVWLQFOXGHDWOHDVWRQHVROXWLRQRIIHUHGZLWKLQWKHVFRSHRI&DWHJRU\IRUHOHFWULFSURSXOVLRQV\VWHPV RQO\
/LQH,WHP &DWHJRU\6HOHFWLRQ
&DWHJRU\
$OOHQJLQHVIXHODQGSURSXOVLRQW\SHFKDVVLVDQGFDEV 7DEOH%
'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV /LQH
,WHP 4XHVWLRQ 5HVSRQVH
3URYLGHௐDௐGHWDLOHGௐGHVFULSWLRQௐRIௐWKHௐHTXLSPHQWௐSURGXFWVௐDQGௐ VHUYLFHVௐWKDWௐ\RXௐDUHௐRIIHULQJௐLQௐ\RXUௐSURSRVDO
ௐ0DQXIDFWXUHUVௐWRWDOLQJௐௐPDNHVௐDQGௐPRGHOVௐUDQJLQJௐIURPௐ&ODVVௐௐWRௐ&ODVVௐௐ&DEௐDQௐ&KDVVLVௐDQGௐWUXFNVௐ:LWKௐ DYDLODEOHௐ8SILWVௐWRௐEHௐDGGHGௐUDQJLQJௐIURPௐWRROௐER[HVௐWRௐ/LQHௐ0HFKDQLFVௐ%RGLHVௐ$Q\ௐDQGௐDOOௐXSILWVௐFDQௐEHௐDGGHGௐWRௐRXUௐ FKDVVLVௐFDEVௐHLWKHUௐE\ௐRXUௐXSILWௐSDUWQHUௐVXSSOLHUௐRUௐE\ௐDௐPHPEHUVௐXSILWௐVXSSOLHUௐZRUNLQJௐZLWKௐ1$)*ௐWRௐSURYLGHௐDௐ7XUQௐ .H\ௐ4XRWH
:LWKLQௐWKLVௐ5)3ௐFDWHJRU\ௐWKHUHௐPD\ௐEHௐVXEFDWHJRULHVௐRIௐ VROXWLRQVௐ/LVWௐVXEFDWHJRU\ௐWLWOHVௐWKDWௐEHVWௐGHVFULEHௐ\RXUௐ SURGXFWVௐDQGௐVHUYLFHV
1$)*ௐ/LVWVௐDOOௐPDNHVௐDQGௐPRGHOVௐLQௐHDFKௐ=,3ௐILOHௐXQGHUௐ=,3ௐ)LOHௐ³$OOௐௐ0DQXIDFWXUHUV´ௐUHSUHVHQWLQJௐDௐFRPELQHGௐ KXQGUHG¶VௐPDNHVௐDQGௐPRGHOHQJLQHௐFRPELQDWLRQVௐIRUௐPHPEHUVௐWRௐFKRRVHௐIURPௐDORQJௐZLWKௐDௐVXEWLWOHௐ³8SILWV´ௐGHWDLOHGௐLQௐ WKHௐSULFHௐILOH
'HVFULEHௐDQ\ௐPDQXIDFWXULQJௐSURFHVVHVௐRUௐPDWHULDOVௐXWLOL]HGௐWK DWௐ FRQWULEXWHௐWRௐFKDVVLVௐVWUHQJWKௐFDEௐVWUHQJWKௐRYHUDOOௐGXUDELOLW\ௐ GULYHUௐVDIHW\
/HDGLQJௐPDWHULDOVௐDUHௐXVHGௐE\ௐWKHௐ2(0
VௐGDLO\ௐWRௐVDIHO\ௐVXSSO\ௐDOOௐPHPEHUVௐZLWKௐWKHௐEHVWௐRQௐWKHௐPDUNHWௐSODFHௐIRUௐHDFKௐ 2(0
'HVFULEHௐDQ\ௐGLIIHUHQWLDWLQJௐVHUYLFHDELOLW\ௐDWWULEXWHVௐ UHPRW Hௐ
GLDJQRVWLFVௐHWF
ௐ\RXUௐSURSRVDOௐRIIHUV
(DFKௐ2(0ௐKDVௐWKHUHௐRZQௐXQLTXHௐDWWULEXWHௐWKDWௐDOOௐFDWHUௐDQGௐVHUYHௐWKHௐPHPEHUV 7DEOH
&DWHJRU\'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV ,QGLFDWHEHORZLIWKHOLVWHGW\SHVRUFODVVHVRIHTXLSPHQWSURGXFWVDQGVHUYLFHVDUHRIIHUHGZLWKLQ\RXUSURSRVDO3URYLGHDGGLWLRQDOFRPPHQWVLQWKHWH[WER[SURYLGHGDVQHFHVVDU\ 3URSRVHUVVXEPLWWLQJDSURSRVDOLQ&DWHJRU\ZLOOEHVXEPLWWLQJLQWKHEURDGFDWHJRU\WKDWLQFOXGHVDOOW\SHVRIHQJLQHVIXHODQGSURSXOVLRQV\VWHPV6HH5)36HFWLRQ,,%IRUGHWDLOV :HZLOOQRWEHVXEPLWWLQJIRU7DEOH
&DWHJRU\'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV /LQH
,WHP &DWHJRU\RU7\SH 2IIHUHG
&KDVVLV7\SH
,&(DQGRU%(9
&RPPHQWV
&ODVVௐௐFKDVVLV <HV
1R
%RWK&KDVVLV7\SHV
,&(DQG%(9
$ OOௐௐ0DQXIDFWXUHVௐDUHௐOLVWHGௐLQௐWKHௐSULFHௐILOHௐDORQJௐZLWKௐHDFKௐ 2(0
VௐSURGXFWௐRIIHULQJௐIRUௐWKLVௐFODVV
&ODVVௐௐFKDVVLV <HV
1R
%RWK&KDVVLV7\SHV
,&(DQG%(9
$ OOௐௐ0DQXIDFWXUHVௐDUHௐOLVWHGௐLQௐWKHௐSULFHௐILOHௐDORQJௐZLWKௐHDFKௐ 2(0
VௐSURGXFWௐRIIHULQJௐIRUௐWKLVௐFODVV
&ODVVௐௐFKDVVLV <HV
1R
%RWK&KDVVLV7\SHV
,&(DQG%(9
$ OOௐௐ0DQXIDFWXUHVௐDUHௐOLVWHGௐLQௐWKHௐSULFHௐILOHௐDORQJௐZLWKௐHDFKௐ 2(0
VௐSURGXFWௐRIIHULQJௐIRUௐWKLVௐFODVV
&ODVVௐௐFKDVVLV <HV
1R
%RWK&KDVVLV7\SHV
,&(DQG%(9
$ OOௐௐ0DQXIDFWXUHVௐDUHௐOLVWHGௐLQௐWKHௐSULFHௐILOHௐDORQJௐZLWKௐHDFKௐ 2(0
VௐSURGXFWௐRIIHULQJௐIRUௐWKLVௐFODVV
&ODVVௐௐFKDVVLV <HV
1R
%RWK&KDVVLV7\SHV
,&(DQG%(9
$ OOௐௐ0DQXIDFWXUHVௐDUHௐOLVWHGௐLQௐWKHௐSULFHௐILOHௐDORQJௐZLWKௐHDFKௐ 2(0
VௐSURGXFWௐRIIHULQJௐIRUௐWKLVௐFODVV
5HODWHGௐHTXLSPHQWௐDFFHVVRULHVௐ
SDUWVௐXSILWWLQJௐVHUYLFHVௐXVHGௐFKDVVLVௐ
DQGௐ&ODVVௐௐFKDVVLV
<HV
1R
%RWK&KDVVLV7\SHV
,&(DQG%(9
$ OOௐௐ0DQXIDFWXUHVௐDUHௐOLVWHGௐLQௐWKHௐSULFHௐILOHௐDORQJௐZLWKௐHDFKௐ 2(0
VௐSURGXFWௐRIIHULQJௐIRUௐWKLVௐFODVVௐ$OOௐXSILWWLQJௐLVௐDYDLODEOHௐDQGௐ RXWOLQHGௐLQௐWKHௐSULFLQJௐVXPPDU\
7DEOH
&DWHJRU\'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV ,QGLFDWHEHORZLIWKHOLVWHGW\SHVRUFODVVHVRIHTXLSPHQWSURGXFWVDQGVHUYLFHVDUHRIIHUHGZLWKLQ\RXUSURSRVDO3URYLGHDGGLWLRQDOFRPPHQWVLQWKHWH[WER[SURYLGHGDVQHFHVVDU\ 3URSRVHUVVHHNLQJDQDZDUGLQ&DWHJRU\DVGHILQHGKHUHLQPXVWLQFOXGHDWOHDVWRQHVROXWLRQRIIHUHGZLWKLQWKHVFRSHRI&DWHJRU\IRUHOHFWULFSURSXOVLRQV\VWHPVRQO\6HH5)3 6HFWLRQ,,%IRUGHWDLOV
:HZLOOQRWEHVXEPLWWLQJIRU7DEOH
&DWHJRU\'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV /LQH
,WHP &DWHJRU\RU7\SH 2IIHUHG
&RPPHQWV
%DWWHU\ௐ(OHFWULFௐ9HKLFOHௐ
%(9
&ODVVௐௐ&KDVVLV
<HV
1R
%DWWHU\ௐ(OHFWULFௐ9HKLFOHௐ
%(9
&ODVVௐௐ&KDVVLV
<HV
1R
%DWWHU\ௐ(OHFWULFௐ9HKLFOHௐ
%(9
&ODVVௐௐ&KDVVLV
<HV
1R
%DWWHU\ௐ(OHFWULFௐ9HKLFOHௐ
%(9
&ODVVௐௐ&KDVVLV
<HV
1R
%DWWHU\ௐ(OHFWULFௐ9HKLFOHௐ
%(9
&ODVVௐௐ&KDVVLV
<HV
1R
5HODWHGௐHTXLSPHQWௐDFFHVVRULHVௐSDUWVௐXSILWWLQJௐ
VHUYLFHVௐXVHGௐFKDVVLVௐDQGௐ&ODVVௐௐFKDVVLV
<HV
1R
Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC
115
7DEOH
([FHSWLRQVWR7HUPV&RQGLWLRQVRU6SHFLILFDWLRQV)RUP /LQH,WHP 127,&(
7RLGHQWLI\DQ\H[FHSWLRQRUWRUHTXHVWDQ\PRGLILFDWLRQWR6RXUFHZHOOVWDQGDUG&RQWUDFWWHUPVFRQGLWLRQVRUVSHFLILFDWLRQVD3URSRVHUPXVWVXEPLWWKHSURSRVHG H[FHSWLRQ
V
RUUHTXHVWHGPRGLILFDWLRQ
V
YLDUHGOLQHLQWKH&RQWUDFW7HPSODWHSURYLGHGLQWKH³%LG'RFXPHQWV´VHFWLRQ3URSRVHUPXVWXSORDGWKHUHGOLQHLQWKH³5HTXHVWHG([FHSWLRQV´ XSORDGILHOG$OOH[FHSWLRQVDQGRUSURSRVHGPRGLILFDWLRQVDUHVXEMHFWWRUHYLHZDQGDSSURYDOE\6RXUFHZHOODQGZLOOQRWDXWRPDWLFDOO\EHLQFOXGHGLQWKH&RQWUDFW 'R\RXKDYHH[FHSWLRQVRUPRGLILFDWLRQVWRSURSRVH" $FNQRZOHGJHPHQW <HV
1R
'RFXPHQWV
(QVXUH\RXUVXEPLVVLRQGRFXPHQW
V
FRQIRUPVWRWKHIROORZLQJ
'RFXPHQWVLQ3')IRUPDWDUHSUHIHUUHG'RFXPHQWVLQ:RUG([FHORUFRPSDWLEOHIRUPDWVPD\DOVREHSURYLGHG 'RFXPHQWVVKRXOG127KDYHDVHFXULW\SDVVZRUGDV6RXUFHZHOOPD\QRWEHDEOHWRRSHQWKHILOH,WLV\RXUVROHUHVSRQVLELOLW\WRHQVXUHWKDWWKHXSORDGHGGRFXPHQW V
DUHQRWHLWKHU
GHIHFWLYHFRUUXSWHGRUEODQNDQGWKDWWKHGRFXPHQWVFDQEHRSHQHGDQGYLHZHGE\6RXUFHZHOO 6RXUFHZHOOPD\UHMHFWDQ\UHVSRQVHZKHUHDQ\GRFXPHQW V
FDQQRWEHRSHQHGDQGYLHZHGE\6RXUFHZHOO
,I\RXQHHGWRXSORDGPRUHWKDQRQH
GRFXPHQWIRUDVLQJOHLWHP\RXVKRXOGFRPELQHWKHGRFXPHQWVLQWRRQH]LSSHGILOH,IWKH]LSSHGILOHFRQWDLQVPRUHWKDQRQH
GRFXPHQW
HQVXUHHDFKGRFXPHQWLVQDPHGLQUHODWLRQWRWKHVXEPLVVLRQIRUPDWLWHPUHVSRQGLQJWR)RUH[DPSOHLIUHVSRQGLQJWRWKH0DUNHWLQJ3ODQFDWHJRU\VDYHWKHGRFXPHQWDV³0DUNHWLQJ3ODQ´ 3ULFLQJ1$)*3ULFH)LOH]LS:HGQHVGD\0DUFK
)LQDQFLDO6WUHQJWKDQG6WDELOLW\)LQDQFLDO6WUHQJWKDQG0DUNHW6WDELOLW\]LS7XHVGD\0DUFK
0DUNHWLQJ3ODQ6DPSOHV1$)*0DUNHWLQJ3ODQ]LS7XHVGD\0DUFK
:0%(0%(6%(RU5HODWHG&HUWLILFDWHV,QVXUDQFHDQG5HDOWHG&HUWLILFDWHG]LS7XHVGD\0DUFK
:DUUDQW\,QIRUPDWLRQ:DUUDQW\,QIRUPDWLRQ]LS7XHVGD\0DUFK
6WDQGDUG7UDQVDFWLRQ'RFXPHQW6DPSOHV6WDQGDUG7UDQVDFWLRQ'RFXPHQW]LS:HGQHVGD\0DUFK
5HTXHVWHG([FHSWLRQV
RSWLRQDO
8SORDG$GGLWLRQDO'RFXPHQW8SORDGHG$//0$18)$&785('02'(/ VDQG(/(&7,5&63(&
V]LS:HGQHVGD\0DUFK
Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC
116
$GGHQGD7HUPVDQG&RQGLWLRQV
352326(5$)),'$9,7$1'$6685$1&(2)&203/,$1&(
,FHUWLI\WKDW,DPWKHDXWKRUL]HGUHSUHVHQWDWLYHRIWKH3URSRVHUVXEPLWWLQJWKHIRUHJRLQJ3URSRVDOZLWKWKHOHJDODXWKRULW\WRELQGWKH3URSRVHUWRWKLV$IILGDYLWDQG$VVXUDQFHRI&RPSOLDQFH
7KH3URSRVHULVVXEPLWWLQJWKLV3URSRVDOXQGHULWVIXOODQGFRPSOHWHOHJDOQDPHDQGWKH3URSRVHUOHJDOO\H[LVWVLQJRRGVWDQGLQJLQWKHMXULVGLFWLRQRILWVUHVLGHQFH
7KH3URSRVHUZDUUDQWVWKDWWKHLQIRUPDWLRQSURYLGHGLQWKLV3URSRVDOLVWUXHFRUUHFWDQGUHOLDEOHIRUSXUSRVHVRIHYDOXDWLRQIRUFRQWUDFWDZDUG
7KH3URSRVHULQFOXGLQJDQ\SHUVRQDVVLVWLQJZLWKWKHFUHDWLRQRIWKLV3URSRVDOKDVDUULYHGDWWKLV3URSRVDOLQGHSHQGHQWO\DQGWKH3URSRVDOKDVEHHQFUHDWHGZLWKRXWFROOXGLQJZLWK DQ\RWKHUSHUVRQFRPSDQ\RUSDUWLHVWKDWKDYHRUZLOOVXEPLWDSURSRVDOXQGHUWKLVVROLFLWDWLRQ DQGWKH3URSRVDOKDVLQDOOUHVSHFWVEHHQFUHDWHGIDLUO\ZLWKRXWDQ\IUDXGRUGLVKRQHVW\ 7KH3URSRVHUKDVQRWGLUHFWO\RULQGLUHFWO\HQWHUHGLQWRDQ\DJUHHPHQWRUDUUDQJHPHQWZLWKDQ\SHUVRQRUEXVLQHVVLQDQHIIRUWWRLQIOXHQFHDQ\SDUWRIWKLVVROLFLWDWLRQRURSHUDWLRQVRID UHVXOWLQJFRQWUDFW
DQGWKH3URSRVHUKDVQRWWDNHQDQ\DFWLRQLQUHVWUDLQWRIIUHHWUDGHRUFRPSHWLWLYHQHVVLQFRQQHFWLRQZLWKWKLVVROLFLWDWLRQ$GGLWLRQDOO\LI3URSRVHUKDVZRUNHGZLWKD FRQVXOWDQWRQWKH3URSRVDOWKHFRQVXOWDQW
DQLQGLYLGXDORUDFRPSDQ\
KDVQRWDVVLVWHGDQ\RWKHUHQWLW\WKDWKDVVXEPLWWHGRUZLOOVXEPLWDSURSRVDOIRUWKLVVROLFLWDWLRQ
7RWKHEHVWRILWVNQRZOHGJHDQGEHOLHIDQGH[FHSWDVRWKHUZLVHGLVFORVHGLQWKH3URSRVDOWKHUHDUHQRUHOHYDQWIDFWVRUFLUFXPVWDQFHVZKLFKFRXOGJLYHULVHWRDQRUJDQL]DWLRQDO FRQIOLFWRILQWHUHVW$QRUJDQL]DWLRQDOFRQIOLFWRILQWHUHVWH[LVWVZKHQDYHQGRUKDVDQXQIDLUFRPSHWLWLYHDGYDQWDJHRUWKHYHQGRU¶VREMHFWLYLW\LQSHUIRUPLQJWKHFRQWUDFWLVRUPLJKWEH LPSDLUHG
7KHFRQWHQWVRIWKH3URSRVDOKDYHQRWEHHQFRPPXQLFDWHGE\WKH3URSRVHURULWVHPSOR\HHVRUDJHQWVWRDQ\SHUVRQQRWDQHPSOR\HHRUOHJDOO\DXWKRUL]HGDJHQWRIWKH3URSRVHUDQG ZLOOQRWEHFRPPXQLFDWHGWRDQ\VXFKSHUVRQVSULRUWR'XH'DWHRIWKLVVROLFLWDWLRQ
,IDZDUGHGDFRQWUDFWWKH3URSRVHUZLOOSURYLGHWR6RXUFHZHOO3DUWLFLSDWLQJ(QWLWLHVWKHHTXLSPHQWSURGXFWVDQGVHUYLFHVLQDFFRUGDQFHZLWKWKHWHUPVFRQGLWLRQVDQGVFRSHRID UHVXOWLQJFRQWUDFW
7KH3URSRVHUSRVVHVVHVRUZLOOSRVVHVVEHIRUHGHOLYHULQJDQ\HTXLSPHQWSURGXFWVRUVHUYLFHVDOODSSOLFDEOHOLFHQVHVRUFHUWLILFDWLRQVQHFHVVDU\WRGHOLYHUVXFKHTXLSPHQWSURGXFWV RUVHUYLFHVXQGHUDQ\UHVXOWLQJFRQWUDFW
7KH3URSRVHUDJUHHVWRGHOLYHUHTXLSPHQWSURGXFWVDQGVHUYLFHVWKURXJKYDOLGFRQWUDFWVSXUFKDVHRUGHUVRUPHDQVWKDWDUHDFFHSWDEOHWR6RXUFHZHOO0HPEHUV8QOHVVRWKHUZLVH DJUHHGWRWKH3URSRVHUPXVWSURYLGHRQO\QHZDQGILUVWTXDOLW\SURGXFWVDQGUHODWHGVHUYLFHVWR6RXUFHZHOO0HPEHUVXQGHUDQDZDUGHG&RQWUDFW
7KH3URSRVHUZLOOFRPSO\ZLWKDOODSSOLFDEOHSURYLVLRQVRIIHGHUDOVWDWHDQGORFDOODZVUHJXODWLRQVUXOHVDQGRUGHUV
7KH3URSRVHUXQGHUVWDQGVWKDW6RXUFHZHOOZLOOUHMHFW5)3SURSRVDOVWKDWDUHPDUNHGFRQILGHQWLDO RUQRQSXEOLFHWF
HLWKHUVXEVWDQWLDOO\RULQWKHLUHQWLUHW\8QGHU0LQQHVRWD 6WDWXWHV6HFWLRQ
VXEGLYLVLRQDOOSURSRVDOVDUHFRQVLGHUHGQRQSXEOLFGDWDXQWLOWKHHYDOXDWLRQLVFRPSOHWHDQGD&RQWUDFWLVDZDUGHG$WWKDWSRLQWSURSRVDOVEHFRPHSXEOLF GDWD0LQQHVRWD6WDWXWHV6HFWLRQSHUPLWVRQO\FHUWDLQQDUURZO\GHILQHGGDWDWREHFRQVLGHUHGDWUDGHVHFUHWDQGWKXVQRQSXEOLFGDWDXQGHU0LQQHVRWD V'DWD3UDFWLFHV$FW
3URSRVHULWVHPSOR\HHVDJHQWVDQGVXEFRQWUDFWRUVDUHQRW
,QFOXGHGRQWKH³6SHFLDOO\'HVLJQDWHG1DWLRQDOVDQG%ORFNHG3HUVRQV´OLVWPDLQWDLQHGE\WKH2IILFHRI)RUHLJQ$VVHWV&RQWURORIWKH8QLWHG6WDWHV'HSDUWPHQWRIWKH7UHDVXU\ IRXQGDW
KWWSV
ZZZWUHDVXU\JRYRIDFGRZQORDGVVGQOLVWSGI
,QFOXGHGRQWKHJRYHUQPHQWZLGHH[FOXVLRQVOLVWVLQWKH8QLWHG6WDWHV6\VWHPIRU$ZDUG0DQDJHPHQWIRXQGDW KWWSV
VDPJRY6$0
RU
3UHVHQWO\GHEDUUHGVXVSHQGHGSURSRVHGIRUGHEDUPHQWGHFODUHGLQHOLJLEOHRUYROXQWDULO\H[FOXGHGIURPSURJUDPVRSHUDWHGE\WKH6WDWHRI0LQQHVRWD WKH8QLWHG6WDWHVIHGHUDO
JRYHUQPHQWRUWKH&DQDGLDQJRYHUQPHQWDVDSSOLFDEOH
RUDQ\3DUWLFLSDWLQJ(QWLW\9HQGRUFHUWLILHVDQGZDUUDQWVWKDWQHLWKHULWQRULWVSULQFLSDOVKDYHEHHQFRQYLFWHGRIDFULPLQDO RIIHQVHUHODWHGWRWKHVXEMHFWPDWWHURIWKLVVROLFLWDWLRQ %\FKHFNLQJWKLVER[,DFNQRZOHGJHWKDW,DPERXQGE\WKHWHUPVRIWKH3URSRVHU¶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
7KH%LGGHUDFNQRZOHGJHVDQGDJUHHVWKDWWKHDGGHQGXPDGGHQGDEHORZIRUPSDUWRIWKH%LG'RFXPHQW &KHFNWKHER[LQWKHFROXPQ,KDYHUHYLHZHGWKLVDGGHQGXP EHORZWRDFNQRZOHGJHHDFKRIWKHDGGHQGD Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC
117
)LOH1DPH
,KDYHUHYLHZHGWKH
EHORZDGGHQGXPDQG
DWWDFKPHQWV
LI
DSSOLFDEOH
3DJHV
$GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B
7KX0DUFK
$0
$GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B
:HG0DUFK
30
$GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B
0RQ0DUFK
30
$GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B
:HG0DUFK
$0
$GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B
:HG)HEUXDU\
30
$GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B
:HG)HEUXDU\
30
$GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B
7KX)HEUXDU\
30
Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC
118
Prepared by: _Greg Tarascou _ Approved by: _Nathan Olson______________________ REVIEW: City Manager: __NCO____ Finance: ___MS____ City Attorney: __HCM____ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION ____ Consent
____ Info Item
__X_ Action Item
__X_ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: March 6, 2025
Ag enda Item No.: G-2
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Councilmembers
From: Greg Tarascou, Fire Chief
Subject: Purchase of Self-Contained Breathing Apparatus Fill Station Attachments: Quote from Bauer Compressors
Intergovernmental Agreement with Providers and NPP
Agreement between NPP and Bauer
CONF
LICT OF INTEREST:
None
known.
RECO
MMENDATION:
Tha
t the City Council authorize the purchas e of Self -Contained Breathing Apparatuses (SCBA) fill station and related equipment in the amount of $78,466 from Bauer Compressors through a Cooperative Purchasing Agreement with National Purchasing Partners (NPP).
Th
is item was heard at the February 4, 2025 Citizens Oversight Committee meeting and affirmed to be an appropriate use of Measure “S” funds.
EXE
CUTIVE SUMMARY:
Th
e FY 24-25 budget included funds within the Measure “S” 10- year Expenditure Plan to replace and purchase a new SCBA fill station and related equipment. Staff recommends waiving the City’s formal bidding requirements and using the NPP competitive contract pricing. The SCBA fill station provided by Bauer is available at a reduced cost through a Collaborative Purchasing Program with NPP. This program is a nationwide, government procurement service of which the City of Sanger is a participating member. All contracts available to participating members of NPP have been awarded through a public competitive procurement process compliant with California statutes. This collaborative purchasing 119
\\nas1\shared\Forms & Templates
program meets the criteria under Sanger Municipal Code under Chapter 2, Article V, Division 2, Section 2-207 for Cooperative Agreements. Based on the Fire Department’s recommendation, compatibility with existing equipment and other local fire agencies and the option for discount pricing through collaborative purchasing, the Fire Department recommends the purchase of Bauer brand SCBA fill station compressor through NPP. The locally approved vendor that contractually provides this equipment for NPP is Bauer Compressors out of Livermore, CA.
BACKGROUND:
During the February 7, 2023, Citizen’s Oversight Committee meeting, the Committee affirmed that the purchase of self-contained breathing apparatuses was an appropriate use of Measure “S” funds. These units were purchased and have been in use since then. At that time, to refill these tanks after use the Fire Department utilized a tank fill station, or generally speaking an air compressor, to refill the breathing air in the tanks used by Firefighters. However, the fill station used to fill these tanks has become obsolete, having been in service for more than 25 years. It was determined that the old machine was no longer serviceable, and parts were no longer available. In addition, the old machine did not conform to current applicable standards for respirable air, including CGA Pamphlet G-7, Compressed Air for Human Respiration and the requirements of ANSI/CGA G -7.1, Commodity Specification for Air, Grade E. The old machine was decommissioned last year and since we have partnered with Fresno County Fire Protection District to refill our SCBA tanks.
A Self -Contained Breathing Apparatus (SCBA) is the backpack -style air tank/regulator system that includes a facepiece that firefighters wear during fires or any incident with potentially dangerous atmospheres. SCBAs protect firefighters and their airways from smoke, superheated gases and hazardous airborne substances. The air bottles of the system, when used, normally supply approximately 45 minutes of air to the firefighter. At a typical house fire, firefighters will often use two bottles. The SCBA system is an essential piece of equipment for firefighters to perform their duties.
REASON FOR RECOMMENDATION:
The Department’s current SCBAs are no longer serviceable by the manufacturer and has reached the end of life as outlined by NFPA and DOT standards.
FISCAL IMPACT:
Sufficient funds are included in the Measure “S” 10-year Expenditure Plan.
ALTERNATIVES:
Do not approve the purchase in which case staff will return with options for purchase without the use of a collaborative purchasing agreement.
ACTIONS FOLLOWING APPROVAL:
The Purchasing Officer will sign the documents on behalf of the City.
120
Attachment 1
121
267 East Airway Blvd
Livermore, CA 94551
Phone: 925-449-7210
Fax: 925-449-7201
To: Date: 2/28/2025
Fire Chief Greg Tarascou
Sanger Fire Department
Phone: 559-908-2214
Email: [email protected]
Quotation Valid for 90 Days.
ITEM QTY DESCRIPTION PRICE AMOUNT
1 1 Unicus 4S/13H-E1/E3 $67,478.00
Working pressure: 6,000 psi
Charging rate: 13.0 scfm
Horsepower: 10 single or three phase
Includes Electronic Co Monitor
And Four (4) 6,000 psi ASME
Air Storage Cylinders
Sales Tax 8.73% $5,890.83
Freight $3,140.00
Installation/Startup/Training $1,957.00
Total $78,465.83
NPP.Gov Cooperative Contract No. PS20095
Note: Bauer SF will deliver compressor to the fire department, place unit into installation site, make final hook up to supplied electrical power, make final run test of compressor and perform operational training for Sanger FD personnel.
Prices do not include shipping/handling charges or sales tax unless specified.
Quotation prices are valid for 90 days. Call 925-449-7210 if the expiration date is past.
Thank you for the opportunity to submit this quotation. If you have any questions, please give us a call.
Sincerely,
Tim McGuire
Phone: 925-449-7210
[email protected]
122
Attachment 2
123
League of Oregon Cities IGA V1.0
Intergovernmental Cooperative Purchasing Agreement
This Intergovernmental Agreement (Agreement) is by and between the “Lead Contracting Agency” and participating government entit ies (“Participating Agencies”), that are members of National Purchasing Partners (“ NPPGov”), including members of Public Safety GPO, First Responder GPO, Law Enforcement GPO , Education GPO and EMS GPO that agree to the terms and conditions of this Agreement. The Lead Contracting Agency and all Participating Agencies shall be considered as “parties” to this agreement.
WHEREAS, upon completion of a formal competitive solicitation and selection process, the Lead Contracting Agency has entered into Master Price Agreements with one or more Vendors to provide goods and services, often based on national sales volume projections;
WHEREAS, NPPGov provides group purchasing, marketing and administrative support for governmental entities. NPPGov’s marketing and administrative services are free to its membership, which includes participating public entities and nonprofit institutions throughout North America.
WHEREAS, NPPGov has instituted a cooperative purchasing program under which member Participating Agencies may reciprocally utilize competitively solicited Master Price Agreements awarded by the Lead Contracting Agency;
WHEREAS, the Master Price Agreements provide that all qualified government members of NPPGov may purchase goods and services on the same terms, conditions and pricing as the Lead Contracting Agency, subject to applicable local and state laws of the Participating Agencies;
WHEREAS, the parties agree to comply with the requirements of the Intergovernmental Cooperation Act as may be applicable to the local and state laws of the Participating Agencies;
WHEREAS, the parties desire to conserve and leverage resources, and to improve the efficiency and economy of the procurement process while reducing solicitation and procurement costs;
WHEREAS, the parties are authorized and eligible to contract with governmental bodies and Vendors to perform governmental functions and services, including the purchase of goods and services; and
WHEREAS, the parties desire to contract with Vendors under the terms of the Master Price Agreements;
DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A 124
League of Oregon Cities IGA V1.0
NOW, THEREFORE, the parties agree as follows:
ARTICLE 1: LEGAL AUTHORITY
Each party represents and warrants that it is eligible to participate in this Agreement because it is a local government created and operated to provide one or more governmental functions and possesses adequate legal authority to enter into this Agreement.
ARTICLE 2: APPLICABLE LAWS
The procurement of goods and services subject to this Agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules, and regulations that govern each party’s procurement policies. Competitive Solicitations are intended to meet the public contracting requirements of the Lead Contracting Agency and may not be appropriate under, or satisfy Participating Agencies’ procurement laws. It is the responsibility of each party to ensure it has met all applicable solicitation and procurement requirements. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements.
ARTICLE 3: USE OF BID, PROPOSAL OR PRICE AGREEMENT
a. A “procuring party” is defined as the Lead Contracting Agency or any Participating Agency that desires to purchase from the Master Price Agreements awarded by the Lead Contracting Agency.
b. Each procuring party shall be solely responsible for their own purchase of goods and services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation of law or contract by a procuring party, and the procuring party shall hold non-procuring parties and all unrelated procuring parties harmless from any liability that may arise from action or inaction of the procuring party.
c. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar goods and services outside the scope of the Master Price Agreement.
d. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such procuring party.
e. The cooperative use of bids, proposals or price agreements obtained by a party to this Agreement shall be in accordance with the terms and conditions of the bid, proposal or price agreement, except as modified where otherwise allowed or required by applicable law, and does not relieve the party of its other solicitation requirements under state law or local policies.
DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A 125
League of Oregon Cities IGA V1.0
ARTICLE 4: PAYMENT OBLIGATIONS
The procuring party will make timely payments to Vendors for goods and services received in accordance with the terms and conditions of the procurement. Payment for goods and services, inspections and acceptance of goods and services ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Vendor shall be resolved in accordance with the law and venue rules of the state of the procuring party.
ARTICLE 5: COMMENCEMENT DATE
This Agreement shall take effect after execution of the “Lead Contracting Agency Endorsement and Authorization” or “Participating Agency Endorsement and Authorization,” as applicable.
ARTICLE 6: TERMINATION OF AGREEMENT
This Agreement shall remain in e ffect until terminated by a party giving 30 days written notice to “Lead Contracting Agency”
ARTICLE 7: ENTIRE AGREEMENT
This Agreement and any attachments, as provided herein, constitute the complete Agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein.
ARTICLE 8: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by all parties, except that any alterations, additions, or deletions of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation.
ARTICLE 9: SEVERABILITY
All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect.
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO OR MORE ORIGINALS BY EXECUTION AND ATTACHMENT OF “THE LEAD CONTRACTING AGENCY ENDORSEMENT AND AUTHORIZATION” OR “PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION,” AS APPLICABLE. ONCE EXECUTED, IT
IS THE RESPONSIBILITY OF EACH PARTY TO FILE THIS AGREEMENT WITH THE PROPER AGENCY IF REQUIRED BY LOCAL OR STATE LAW.
DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A 126
League of Oregon Cities IGA V1.0
LEAGUE OF OREGON CITIES
ENDORSEMENT AND AUTHORIZATION
The undersigned acknowledges, on behalf of the League of Oregon Cities (“ Lead Contracting Agency”) that he/she has read and agrees to the general terms and conditions set forth in the enclosed Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by the League of Oregon Cities to Participating Agencies locally, regionally, and nationally through NPPGov. Copies of Master Price Agreements and any amendments thereto made available by the League of Oregon Cities will be provided to Participating Agencies and NPPGov to facilitate use by Participating Agencies.
The undersigned understands that the purchase of goods and services under the provisions of the Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agencies.
The undersigned affirms that he/she is an agent of the League of Oregon Cities and is duly authorized to sign this League of Oregon Cities Endorsement and Authorization.
________________________________________ Date:______________ BY:
ITS:
League of Oregon Cities Contact Information:
Contact Person: Mike Culley
Address: 1201 Court St NE #200, Salem, OR 97301
Telephone No.: 503-588-6550
Email: [email protected]
DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A 3/26/2020
127
League of Oregon Cities IGA V1.0
PARTICIPATING AGENCY
ENDORSEMENT AND AUTHORIZATION
The undersigned acknowledges, on behalf of ______________ ( “Participating Agency”) that he/she has read and agrees to the general terms and conditions set forth in the enclosed Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by the Lead Contracting Agency to Participating Agencies locally, regionally, and nationally through NPPGov.
The undersigned further acknowledges that the purchase of goods and services under the provisions of the Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agency and that neither the Lead Contracting Agency nor NPPGov shall be held liable for any costs or damages incurred by or as a result of the actions of the Vendor or any other Participating Agency. Upon award of contract, the Vendor shall deal directly with the Participating Agency concerning the placement of orders, disputes, invoicing and payment.
The undersigned affirms that he/she is an agent of __________________ and is duly authorized to sign this Participating Agency Endorsement and Authorization.
______________________________ Date:______________
BY: _________________________
ITS: _________________________
Participating Agency Contact Information:
Contact Person: ________________________
Address: ______________________________
______________________________________
______________________________________
Telephone No.:__________________________
Email:_________________________________
DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A 128
Attachment 3
129
LEAGUE OF OREGON CITIES
MASTER PRICE AGREEMENT
This Master Price Agreement is effective as of the date of the last signature below (the “Effective Date”) by and between the LEAGUE OF OREGON CITIES, an Oregon public corporation under ORS Chapter 190 (“LOC” or “Purchaser”) and BAUER COMPRESSORS, INC. (“Vendor”).
RECITALS
WHEREAS, the Vendor is in the business of selling certain HIGH PRESSURE BREATHING AIR COMPRESSOR SYSTEMS AND ACCESSORY’S, as further described herein; and
WHEREAS, the Vendor desires to sell and the Purchaser desires to purchase certain products and related services all upon and subject to the terms and conditions set forth herein; and
WHEREAS, through a solicitation for FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA) the Vendor was awarded the opportunity to complete a Master Price Agreement with the LEAGUE OF OREGON CITIES as a result of its response to Request for Proposal No. 1920 for FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA); and
WHEREAS, the LEAGUE OF OREGON CITIES asserts that the solicitation and Request for Proposal meet Oregon public contracting requirements (ORS 279, 279A, 279B and 279C et. seq.); and
WHEREAS, Purchaser and Vendor desire to extend the terms of this Master Price Agreement to benefit other qualified government members of National Purchasing Partners, LLC dba Public Safety GPO, dba First Responder GPO, dba Law Enforcement GPO and dba NPPGov;
NOW, THEREFORE, Vendor and Purchaser, intending to be legally bound, hereby agree as follows:
ARTICLE 1 – CERTAIN DEFINITIONS
1.1 “Agreement” shall mean this Master Price Agreement, including the main body of this Agreement and Attachments A-F attached hereto and by this reference incorporated herein, including Purchaser’s Request for Proposal No. 1920 (herein “RFP”) and Vendor’s Proposal submitted in response to the RFP (herein “Vendor’s Proposal”) as referenced and incorporated herein as though fully set forth (sometimes referred to collectively as the “Contract Documents”).
1.2 “Applicable Law(s)” shall mean all applicable federal, state and local laws, statutes, ordinances, codes, rules, regulations, standards, orders and other governmental requirements of any kind.
1.3 “Employee Taxes” shall mean all taxes, assessments, charges and other amounts whatsoever payable in respect of, and measured by the wages of, the Vendor’s employees (or subcontractors), as required by the Federal Social Security Act and all amendments thereto and/or any other applicable federal, state or local law.
1.4 “Purchaser’s Destination” shall mean such delivery location(s) or destination(s) as Purchaser may prescribe from time to time.
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 130
2 1.5 “Products and Services” shall mean the products and/or services to be sold by Vendor hereunder as identified and described on Attachment A hereto and incorporated herein, as may be updated from time to time by Vendor to reflect products and/or services offered by Vendor generally to its customers.
1.6 “Purchase Order” shall mean any authorized written order for Products and Services sent by Purchaser to Vendor via mail, courier, overnight delivery service, email, fax and/or other mode of transmission as Purchaser and Vendor may from time to time agree.
1.7 “Unemployment Insurance” shall mean the contribution required of Vendor, as an employer, in respect of, and measured by, the wages of its employees (or subcontractors) as required by any applicable federal, state or local unemployment insurance law or regulation.
1.8 “National Purchasing Partners” or “(NPP)” is a subsidiary of two nonprofit health care systems.
The Government Division of NPP, hereinafter referred to as “NPPGov”, provides group purchasing marketing and administrative support for governmental entities within the membership. NPPGov’s membership includes participating public entities across North America.
1.9 “Lead Contracting Agency” shall mean the LEAGUE OF OREGON CITIES, which is the governmental entity that issued the Request for Proposal and awarded this resulting Master Price Agreement.
1.10 “Participating Agencies” shall mean members of National Purchasing Partners for which Vendor has agreed to extend the terms of this Master Price Agreement pursuant to Article 2.6 and Attachment C herein. For purposes of cooperative procurement, “Participating Agency” shall be considered “Purchaser” under the terms of this Agreement.
1.11 “Party” and “Parties” shall mean the Purchaser and Vendor individually and collectively as applicable.
ARTICLE 2 – AGREEMENT TO SELL
2.1 Vendor hereby agrees to sell to Purchaser such Products and Services as Purchaser may order from time to time by Purchase Order, all in accordance with and subject to the terms, covenants and conditions of this Agreement. Purchaser agrees to purchase those Products and Services ordered by Purchaser by Purchase Order in accordance with and subject to the terms, covenants and conditions of this Agreement.
2.2 Vendor may add additional products and services to the contract provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Vendor may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement.
Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.
2.3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinafter defined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in such Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to meet the Purchaser or Vendor contract requirements. In the event that the provisions of this Agreement conflict with any Purchase Order issued by Purchaser to Vendor, the provisions of this Agreement shall DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 131
3 govern. No other terms and conditions, including, but not limited to, those contained in Vendor’s standard printed terms and conditions, on Vendor’s order acknowledgment, invoices or otherwise, shall have any application to or effect upon or be deemed to constitute an amendment to or to be incorporated into this Agreement, any Purchase Order, or any transactions occurring pursuant hereto or thereto, unless this Agreement shall be specifically amended to adopt such other terms and conditions in writing by the Parties.
2.4 Notwithstanding any other provision of this Agreement to the contrary, the Lead Contracting Agency shall have no obligation to order or purchase any Products and Services hereunder and the placement of any Purchase Order shall be in the sole discretion of the Participating Agencies. This Agreement is not exclusive. Vendor expressly acknowledges and agrees that Purchaser may purchase at its sole discretion, Products and Services that are identical or similar to the Products and Services described in this Agreement from any third party.
2.5 In case of any conflict or inconsistency between any of the Contract Documents, the documents shall prevail and apply in the following order of priority:
(i) This Agreement;
(ii) The RFP;
(iii) Vendor’s Proposal;
2.6 Extension of contract terms to Participating Agencies:
2.6.1 Vendor agrees to extend the same terms, covenants and conditions available to Purchaser under this Agreement to Participating Agencies, that have executed an Intergovernmental Cooperative Purchasing Agreement (“IGA”) as may be required by each Participating Agency’s local laws and regulations, in accordance with Attachment C. Each Participating Agency will be exclusively responsible for and deal directly with Vendor on matters relating to ordering, delivery, inspection, acceptance, invoicing, and payment for Products and Services in accordance with the terms and conditions of this Agreement as if it were “Purchaser” hereunder. Any disputes between a Participating Agency and Vendor will be resolved directly between them under and in accordance with the laws of the State in which the Participating Agency exists. Pursuant to the IGA, the Lead Contracting Agency shall not incur any liability as a result of the access and utilization of this Agreement by other Participating Agencies.
2.6.2 This Solicitation meets the public contracting requirements of the Lead Contracting Agency and may not be appropriate under or meet Participating Agencies’ procurement laws.
Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements.
2.6.3 Vendor acknowledges execution of a Vendor Administration Fee Agreement with NPPGov, pursuant to the terms of the RFP.
2.7 Oregon Public Agencies are prohibited from use of Products and Services offered under this Agreement that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List (“Procurement List”) pursuant to ORS 279.835-.855.
See www.OregonRehabilitation.org/qrf for more information. Vendor shall not sell products and services identified on the Procurement List (e.g., reconditioned toner cartridges) to Purchaser or Participating Agencies within the state of Oregon.
ARTICLE 3 – TERM AND TERMINATION
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 132
4 3.1 The initial contract term shall be for three (3) calendar years from the Effective Date of this Agreement (“Initial Term”). Upon termination of the original three (3) year term, this Agreement shall automatically extend for up to three (3) successive one (1) year periods; (each a “Renewal Term”); provided, however, that the Lead Contracting Agency and/or the Vendor may opt to decline extension of the MPA by providing notification in writing at least thirty (30) calendar days prior to the annual automatic extension anniversary of the Initial Term.
3.2 Either Vendor or the Lead Contracting Agency may terminate this Agreement by written notice to the other party if the other Party breaches any of its obligations hereunder and fails to remedy the breach within thirty (30) days after receiving written notice of such breach from the non-breaching party.
ARTICLE 4 – PRICING, INVOICES, PAYMENT AND DELIVERY
4.1 Purchaser shall pay Vendor for all Products and Services ordered and delivered in compliance with the terms and conditions of this Agreement at the pricing specified for each such Product and Service on Attachment A. Purchaser recognizes the items are sold FOB Ex-works Norfolk, Virginia and any costs associated with freight, offloading and final placement of the equipment shall be tendered separately. Unless Attachment A expressly provides otherwise, the pricing schedule set forth on Attachment A hereto shall remain fixed for the Initial Term of this Agreement; provided that manufacturer pricing is not guaranteed and may be adjusted based on the next manufacturer price increase. Pricing contained in Attachment A shall be extended to all NPPGov, Public Safety GPO, First Responder GPO and Law Enforcement GPO members upon execution of the IGA.
4.2 Vendor shall submit original invoices to Purchaser in form and substance and format reasonably acceptable to Purchaser. All invoices must reference the Purchaser’s Purchase Order number, contain an itemization of amounts for Products and Services purchased during the applicable invoice period and any other information reasonably requested by Purchaser, and must otherwise comply with the provisions of this Agreement. Invoices shall be addressed as directed by Purchaser.
4.3 Unless otherwise specified, Purchaser is responsible for any and all applicable sales taxes.
Attachment A or Vendor’s Proposal (Attachment D) shall specify any and all other taxes and duties of any kind which Purchaser is required to pay with respect to the sale of Products and Services covered by this Agreement and all charges for packing, packaging and loading.
4.4 Except as specifically set forth on Attachments A and F and the aforementioned section 4.1, Purchaser shall not be responsible for any additional costs or expenses of any nature incurred by Vendor in connection with the Products and Services, including without limitation travel expenses, clerical or administrative personnel, long distance telephone charges, etc. (“Incidental Expenses”).
4.5 Price reductions or discount increases may be offered at any time during the contract term and shall become effective upon notice of acceptance from Purchaser.
4.6 Notwithstanding any other agreement of the Parties as to the payment of shipping/delivery costs, and subject to Attachments A, D, and F herein, Vendor shall offer via separate quote shipping costs to the Purchaser’s location, as well off loading, final positioning and installation of the compressor system and ancillary components as upon request.
4.7 Unless otherwise directed by Purchaser for expedited orders, Vendor shall utilize such common carrier for the delivery of Products and Services as Vendor may select; provided, however, that for expedited orders Vendor shall obtain delivery services hereunder at rates and terms not less favorable than those paid by Vendor for its own account or for the account of any other similarly situated customer of Vendor.
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 133
5 4.8 Purchaser accepts the passage of ownership as fob ex-works Norfolk, Virginia. Vendor shall work with the Purchaser should damage occur to the goods during transit. It is the responsibility of the Purchaser to inspect the goods prior to delivery vehicle departure from the end-users location.
ARTICLE 5 – INSURANCE
5.1 During the term of this Agreement, Vendor shall maintain at its own cost and expense (and shall cause any subcontractor to maintain) insurance policies providing insurance of the kind and in the amounts generally carried by reasonably prudent manufacturers in the industry, with one or more reputable insurance companies licensed to do business in Oregon and any other state or jurisdiction where Products and Services are sold hereunder. Such certificates of insurance shall be made available to the Lead Contracting Agency upon 48 hours’ notice. BY SIGNING THE AGREEMENT PAGE THE VENDOR AGREES TO THIS
REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF THIS MASTER PRICE AGREEMENT.
5.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Lead Contracting Agency. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Lead Contracting Agency under such policies. Vendor shall be solely responsible for the deductible and/or self-insured retention and the Lead Contracting Agency, at its option, may require Vendor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
5.3 Vendor shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance. Vendor waives all rights against the Lead Contracting Agency and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Vendor pursuant to this Agreement.
5.4 Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty days (30 days) prior written notice to the Lead Contracting Agency.
ARTICLE 6 – INDEMNIFICATION AND HOLD HARMLESS
6.1 Vendor agrees that it shall indemnify, defend and hold harmless Lead Contracting Agency, its respective officials, directors, employees, members and agents (collectively, the “Indemnitees”), from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of, (i) any breach of any covenant, representation or warranty made by Vendor in this Agreement, (ii) any failure by Vendor to perform or fulfill any of its obligations, covenants or agreements set forth in this Agreement, (iii) the negligence or intentional misconduct of Vendor, any subcontractor of Vendor, or any of their respective employees or agents, (iv) any failure of Vendor, its subcontractors, or their respective employees to comply with any Applicable Law, (v) any litigation, proceeding or claim by any third party relating in any way to the obligations of Vendor under this Agreement or Vendor’s performance under this Agreement, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 134
6 Products and Services or any part thereof infringe any third party’s U.S. patent, copyright, trademark, trade secret or other intellectual property interest. Such obligation to indemnify shall not apply where the damage, claim, loss, expense, cost, obligation or liability is due to the breach of this Agreement by, or negligence or willful misconduct of, Lead Contracting Agency or its officials, directors, employees, agents or contractors.
The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The indemnity obligations of Vendor under this Article shall survive the expiration or termination of this Agreement for two years.
6.2 LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION
WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS
OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 The same terms, conditions and pricing of this Agreement may be extended to government members of National Purchasing Partners, LLC. In the event the terms of this Agreement are extended to other government members, each government member (procuring party) shall be solely responsible for the ordering of Products and Services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non- procuring parties or unrelated purchasing parties harmless from any liability that may arise from action or inaction of the procuring party.
ARTICLE 7 – WARRANTIES
Purchaser shall refer to Vendor’s Proposal for all Vendor and manufacturer express warranties, as well as those warranties provided under Attachment B herein.
ARTICLE 8 - INSPECTION AND REJECTION
8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled.
8.2 Purchaser accepts the passage of ownership as fob ex-works Norfolk, Virginia. Vendor shall work with the Purchaser should damage occur to the goods during transit. It is the responsibility of the Purchaser to inspect the goods prior to delivery vehicle departure from the end-users location. If any of the Products are found at any time to be defective in material or workmanship, or otherwise not in conformity with the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Vendor’s sole cost and expense, elect either to (i) return any damaged, non- conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non-conforming or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser and acceptance by Purchaser shall not relieve Vendor of its warranties or other obligations under this Agreement.
8.3 The provisions of this Article shall survive the expiration or termination of this Agreement.
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 135
7 ARTICLE 9 – SUBSTITUTIONS
Except as otherwise permitted hereunder, Vendor may not make any substitutions of Products, or any portion thereof, of any kind without the prior written consent of Purchaser.
ARTICLE 10 - COMPLIANCE WITH LAWS
10.1 Vendor agrees to comply with all Applicable Laws and at Vendor’s expense, secure and maintain in full force during the term of this Agreement, all licenses, permits, approvals, authorizations, registrations and certificates, if any, required by Applicable Laws in connection with the performance of its obligations hereunder. At Purchaser’s request, Vendor shall provide to Purchaser copies of any or all such licenses, permits, approvals, authorizations, registrations and certificates.
10.2 Purchaser has taken all required governmental action to authorize its execution of this Agreement and there is no governmental or legal impediment against Purchaser’s execution of this Agreement or performance of its obligations hereunder.
ARTICLE 11 – PUBLICITY / CONFIDENTIALITY
11.1 No news releases, public announcements, advertising materials, or confirmation of same, concerning any part of this Agreement or any Purchase Order issued hereunder shall be issued or made without the prior written approval of the Parties. Neither Party shall in any advertising, sales materials or in any other way use any of the names or logos of the other Party without the prior written approval of the other Party.
11.2 Any knowledge or information which Vendor or any of its affiliates shall have disclosed or may hereafter disclose to Purchaser, and which in any way relates to the Products and Services covered by this Agreement shall not, unless otherwise designated by Vendor, be deemed to be confidential or proprietary information, and shall be acquired by Purchaser, free from any restrictions, as part of the consideration for this Agreement.
ARTICLE 12 - RIGHT TO AUDIT
Subject to Vendor’s reasonable security and confidentiality procedures, Purchaser, or any third party retained by Purchaser, may at any time upon prior reasonable notice to Vendor, during normal business hours, audit the books, records and accounts of Vendor to the extent that such books, records and accounts pertain to sale of any Products and Services hereunder or otherwise relate to the performance of this Agreement by Vendor. Vendor shall maintain all such books, records and accounts for a period of at least three (3) years after the date of expiration or termination of this Agreement. The Purchaser’s right to audit under this Article 12 and Purchaser’s rights hereunder shall survive the expiration or termination of this Agreement for a period of three (3) years after the date of such expiration or termination.
ARTICLE 13 - REMEDIES
Except as otherwise provided herein, any right or remedy of Vendor or Purchaser set forth in this Agreement shall not be exclusive, and, in addition thereto, Vendor and Purchaser shall have all rights and remedies under Applicable Law, including without limitation, equitable relief. The provisions of this Article shall survive the expiration or termination of this Agreement.
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 136
8 ARTICLE 14 - RELATIONSHIP OF PARTIES
Vendor is an independent contractor and is not an agent, servant, employee, legal representative, partner or joint venture of Purchaser. Nothing herein shall be deemed or construed as creating a joint venture or partnership between Vendor and Purchaser. Neither Party has the power or authority to bind or commit the other.
ARTICLE 15 - NOTICES
All notices required or permitted to be given or made in this Agreement shall be in writing. Such notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or by nationally recognized overnight courier to the address specified below:
If to Lead Contracting Agency:
LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
Salem OR 97301
ATTN: Jamie Johnson-Davis
Email: [email protected]
If to Vendor:
BAUER COMPRESSORS, INC.
1328 Azalea Garden Road
Norfolk, VA 23502
ATTN: William Dickson
Email: [email protected]
Either Party may change its notice address by giving the other Party written notice of such change in the manner specified above.
ARTICLE 16 - FORCE MAJEURE
Except for Purchaser’s obligation to pay for Products and Services delivered, delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or non- performance is ca
used by force majeure. For purposes of this Agreement, “force majeure” shall mean any cause or agency preventing performance of an obligation which is beyond the reasonable control of either Party hereto, including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts based on laws or regulations now in existence as well as those enacted in the future), acts of nature, and delays or failure in obtaining raw materials, supplies or transportation. A Party affected by force majeure shall promptly provide notice to the other, explaining the nature and expected duration thereof, and shall act diligently to remedy the interruption or delay if it is reasonably capable of being remedied. In the event of a force majeure situation, deliveries or acceptance of deliveries that have been suspended shall not be required to be made upon the resumption of performance.
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 137
9 ARTICLE 17 - WAIVER
No delay or failure by either Party to exercise any right, remedy or power herein shall impair such Party’s right to exercise such right, remedy or power or be construed to be a waiver of any default or an acquiescence therein; and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power. No waiver hereunder shall be valid unless set forth in writing executed by the waiving Party and then only to the extent expressly set forth in such writing.
ARTICLE 18 - PARTIES BOUND; ASSIGNMENT
This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the Parties hereto, but it may not be assigned in whole or in part by Vendor without prior written notice to Purchaser which shall not be unreasonably withheld or delayed.
ARTICLE 19 - SEVERABILITY
To the extent possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under Applicable Law. If any provision of this Agreement is declared invalid or unenforceable, by judicial determination or otherwise, such provision shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties shall be construed and enforced accordingly.
ARTICLE 20 - INCORPORATION; ENTIRE AGREEMENT
20.1 All the provisions of the Attachments hereto are hereby incorporated herein and made a part of this Agreement. In the event of any apparent conflict between any provision set forth in the main body of this Agreement and any provision set forth in the Attachments, including the RFP and/or Vendor’s Proposal, the provisions shall be interpreted, to the extent possible, as if they do not conflict. If such an interpretation is not possible, the provisions set forth in the main body of this Agreement shall control.
20.2 This Agreement (including Attachments and Contract Documents hereto) constitutes the entire Agreement of the Parties relating to the subject matter hereof and supersedes any and all prior written and oral agreements or understandings relating to such subject matter.
ARTICLE 21 - HEADINGS
Headings used in this Agreement are for convenience of reference only and shall in no way be used to construe or limit the provisions set forth in this Agreement.
ARTICLE 22 - MODIFICATIONS
This Agreement may be modified or amended only in writing executed by Vendor and the Lead Contracting Agency. The Lead Contracting Agency and each Participating Agency contracting hereunder acknowledge and agree that any agreement entered into in connection with any Purchase Order hereunder shall constitute a modification of this Agreement as between the Vendor and the Participating Agency. Any modification of this Agreement as between Vendor and any Participating Agency shall not be deemed a modification of this Agreement for the benefit of the Lead Contracting Agency or any other Participating Agency.
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 138
10 ARTICLE 23 - GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon or in the case of a Participating Agency’s use of this Agreement, the laws of the State in which the Participating Agency exists, without regard to its choice of law provisions.
ARTICLE 24 - COUNTERPARTS
This Agreement may be executed in counterparts all of which together shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year last written below.
PURCHASER:
Signature: ____________________________________
Printed Name:
Title: ____________________________________________
LEAGUE OF OREGON CITIES
Dated: ____________________________
VENDOR:
Signature: ______________________________
Printed Name:
Title: _____________________________
BAUER COMPRESSORS, INC.
Dated: ____________________________
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C Mike Cully
4/17/2020
Executive Director
4/17/2020
William Dickson
VICE PRESIDENT OF SALES
139
11 ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.
PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES
FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA)
Product Category Percentage (%) off
List Price*
(OR fixed price if % off
pricing is not
available)
OPEN-CICUIT SELF-CONTAINED (SCBA) AND/OR CLOSED
CIRCUIT SCBA SYSTEMS
FACEPIECES
REGULATOR SYSTEM, INTERMEDIATE PRESSURE HOSE,
RAPID INTERVENTION CREW/COMPANY UNIVERSAL AIR
CONNECTION (RIC UAC)
BREATHING AIR STORAGE CYLINDERS 10%
MAINTENANCE, SERVICE AND TESTING
HIGH PRESSURE BREATHING AIR COMPRESSOR SYSTEMS
AND COMPONENTS
10%
Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the Intergovernmental Agreement.
Participating Agencies may purchase from Vendor’s authorized dealers and distributors, as applicable, provided the pricing and terms of this Agreement are extended to Participating Agencies by such dealers and distributors. Vendor’s authorized dealers and distributors, as applicable, are identified in a [list, link found at http:], as may be updated from time to time. [ A current list may be obtained from Vendor.]
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 140
12 ATTACHMENT B
to Master Price Agreement by and between VENDOR and PURCHASER.
ADDITIONAL SELLER WARRANTIES
To the extent possible, Vendor will make available all warranties from third party manufacturers of Products not manufactured by Vendor, as well as any warranties identified in this Agreement and Vendor’s Proposal.
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 141
13 ATTACHMENT C
to Master Price Agreement by and between VENDOR and PURCHASER.
PARTICIPATING AGENCIES
The Lead Contracting Agency in cooperation with National Purchasing Partners (NPPGov) entered into this Agreement on behalf of other government agencies that desire to access this Agreement to purchase Products and Services. Vendor must work directly with any Participating Agency concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The Lead Contracting Agency shall not be held liable for any costs, damages, etc., incurred by any Participating Agency.
Any subsequent contract entered into between Vendor and any Participating Agency shall be construed to be in accordance with and governed by the laws of the State in which the Participating Agency exists. Each Participating Agency is directed to execute an Intergovernmental Cooperative Purchasing Agreement (“IGA”), as set forth on the NPPGov web site, www.nppgov.com . The IGA allows the Participating
Agency to purchase Products and Services from the Vendor in accordance with each Participating Agency’s legal requirements as if it were the “Purchaser” hereunder.
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 142
14 ATTACHMENT D
to Master Price Agreement by and between VENDOR and PURCHASER.
Vendor’s Proposal
(The Vendor’s Proposal is not attached hereto.)
(The Vendor’s Proposal is incorporated by reference herein.)
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 143
15 ATTACHMENT E
to Master Price Agreement by and between VENDOR and PURCHASER.
Purchaser’s Request for Proposal
(The Purchaser’s Request for Proposal is not attached hereto.) (The Purchaser’s Request for Proposal is incorporated by reference herein.)
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 144
16 ATTACHMENT F
to Master Price Agreement by and between VENDOR and PURCHASER.
ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY.
DocuSign Envelope ID: 13364BC3-5935-4E4C-8495-76CA8816258C 145
Certificate Of Completion
Envelope Id: 13364BC359354E4C849576CA8816258C Status: Completed Subject: Please DocuSign: MPA 1920 LOC and Bauer SCBA FINAL.pdf Source Envelope:
Document Pages: 16 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Bill DeMars
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1100 Olive Way
Suite 1020
Seattle, WA 98101
[email protected]
IP Address: 173.29.186.28
Record Tracking
Status: Original
4/17/2020 8:05:38 AM
Holder: Bill DeMars
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Mike Cully
[email protected]
Executive Director
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 71.63.237.219
Sent: 4/17/2020 9:09:45 AM
Viewed: 4/17/2020 9:20:08 AM
Signed: 4/17/2020 9:20:19 AM
Electronic Record and Signature Disclosure:
Accepted: 4/17/2020 9:20:08 AM
ID: c1e5bdd1-485c-432d-be63-6fd9a03b4b1f
William Dickson
[email protected]
VICE PRESIDENT OF SALES
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 216.54.44.82
Sent: 4/17/2020 9:09:45 AM
Viewed: 4/17/2020 10:08:38 AM
Signed: 4/17/2020 10:27:27 AM
Electronic Record and Signature Disclosure:
Accepted: 4/15/2020 7:01:53 AM
ID: 460eee00-c0ce-4843-b3b5-598694f5efc2
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
146
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/17/2020 9:09:45 AM
Certified Delivered Security Checked 4/17/2020 10:08:38 AM Signing Complete Security Checked 4/17/2020 10:27:27 AM Completed Security Checked 4/17/2020 10:27:27 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
147
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, National Purchasing Partners (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
Electronic Record and Signature Disclosure created on: 3/10/2016 2:06:46 PM Parties agreed to: Mike Cully, William Dickson
148
How to contact National Purchasing Partners:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected]
To advise National Purchasing Partners of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous e-mail address, your new e-mail address.
We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from National Purchasing Partners To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to [email protected] and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with National Purchasing Partners To inform us that you no longer want to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to [email protected] and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number.
We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent.
149
Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and
• Until or unless I notify National Purchasing Partners as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by National Purchasing Partners during the course of my relationship with you.
150
Prepared by: David Brletic Approved by: _Nathan Olson____________________ REVIEW: City Manager: _NCO_______ Finance: ________ City Attorney: __HCM_ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION __ _ Consent
____ Info Item
_X _ Action Item
X Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: March 6, 2025
Agenda Item No.: G-3
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Council Members
From: David Brletic, Community Development Director
Subject: Retail Strategies – Retail Recruitment Professional Services Attachments: 1. 2025 R etail Recruitment Proposal – Sanger, CA
2. Retail Recruitment Sanger
3. Agreement Between the City of Sanger and Retail Strategies CONF
LICT OF INTEREST:
None
known.
RECO
MMENDATION:
Th
at the City Council approve the Agreement with Retail Strategies for Retail Recruitment and authorize the City Manager to execute the agreement for professional services.
EXE
CUTIVE SUMMARY:
The
City of Sagner Budget FY 2024-2025 includes funding for Retail Recruitment professional services. A Top 10 stated priory in the City of Sanger Budget FY 2024- 2025 is Economic Development. Retail Strategies has submitted their 2025 Retail Recruitment Proposal – Sanger, CA, and a description of their services. Staff have prepared Provider Agreement Between the City of Sanger and Retail Strategies. The proposed agreement spans three (3) years at a cost of $45,000 per year for a total three (3) year agreement costing $135,000.
BACK
GROUND:
A T
op 10 stated priory in the City of Sanger Budget FY 2024- 2025 is Economic Development. Over the last few years, through meetings at ICSC Las Vegas, City of Sanger staff have met with multiple Retail Recruitment professional service providers. The City of Sagner Budget FY 2024-2025 includes funding for 151
Retail Recruitment professional services.
R
etail Strategies brings extensive retail and real estate experience. Since their inception in 2013, Retail Strategies has served more than 800 communities. Their approach to Retail Recruitment focuses on:
• Market Analysis – Identifying consumers and spending habits. • Real Estate Assessment – Analysis of property and opportunities. • Retail Strategy – What fits for Sanger. Understanding our consumers and matching Sanger with real opportunities.
• Business Attraction and Community Representation – Retail recruitment and conference representation.
R
etail Strategies has submitted their 2025 Retail Recruitment Proposal – Sanger, CA, and a description of their services. Staff have prepared the Provider Agreement Between the City of Sanger and Retail Strategies. The proposed agreement spans three (3) years at a cost of $45,000 per year for a total three (3) year agreement costing $135,000.
RE
ASON FOR RECOMMENDATION:
S
taff believe Retail Strategies’ approach, consisting of Market Analysis, Real Estate Assessment, Retail Strategy, and Business Attraction and Community Representation, is the best approach to Retail Recruitment for the City of Sanger and Retail Strategies is qualified to provide this service.
F
ISCAL IMPACT:
T
he FY 2024-2025 Budget includes funding for Retail Recruitment professional services. The annual cost of $45,000 is included in the FY 2024-2025 Budget. The total agreement is for three (3) years at $45,000 per year for a total of $135,000. Subsequent budgets will need to include $45,000 per year for Retail Recruitment professional services.
AL
TERNATIVES:
T
he City Council may direct the City Manager to explore other Retail Recruitment professional services.
ACT
IONS FOLLOWING APPROVAL:
T
he City Manager will execute agreement with Retail Strategies for Retail Recruitment Professional Services.
152
Attachment 1
153
Retail &
Commercial
Advisory Partnership
Sanger , California
Prepared by: Jessica Bohlen
Director, Community Partnerships
March, 2025
154
Preliminary Analysis
In a preliminary analysis Retail Strategies has identified a trade area of 96,000+ consumers with a 7.8% growth rate over the next 5 years. In addition to studying the market size, we ran two analysis that show the demand for new business in the community. These analysis showed $799 million dollars being spent on goods and services outside of the community.
Sanger
Opportunity in
This is a heat map of
Sanger’s custom trade area.
Your market is not just your
city limits, but all of the
consumers that travel into
your market to purchase
goods and services. The
darker colors represent
higher concentrations of
consumers that spend
money in your community.
Custom Trade Area
Opportunity
If given the privilege of being your retail partner, your dedicated team will identify national and regional retailers, develop an extensive asset-based recruitment plan, proactively recruit desirable retail and restaurant concepts, and report back on progress. Retail Strategies has the time, experience, and connections to attract desirable retail to your community.
155
A Proven Process
Your Timeline
Market Analysis
The first step is to understand who your consumers are, not just your constituents. Utilizing mobile data, we can uncover where people are coming from and what is their buying power.
Real Estate Assessment
Every retail site in your market will be catalogued by your team at Retail Strategies; shopping centers needing to be backfilled, open land ready for development, or under-utilized retail space all will be assessed by a licensed real estate professional.
Retail Strategy
Based off your data, real estate assets, community input and retail trends, we will develop a retail strategy with specific restaurant, grocery, home improvement, entertainment, and hospitality prospects that are the right fit for your community.
Business Attraction and Community
Representation
This is where the rubber meets the road with human effort.
Monterey Park will receive a dedicated team to represent your city by connecting with retailers, brokers, property owners, tenant reps and any other industry players.
Annual Investment: $45,000
156
Mobile Data
Collection
Trade Area
Identification
Peer and Void
Analysis
An industry leading report
which utilizes cell phone data
to identify the home and work
location of consumers that
visit a defined shopping area
within the community.
By utilizing mobile data
collection, data and analytics,
and real estate acumen, our
team will identify shopping
patterns within your
community that will answer
key questions for retailers.
After reviewing key
demographic information, we
will deliver a list of uses,
businesses, and opportunities
for your community. These
potential businesses will
elevate your downtown.
Retail Leakage
Analysis
Consumer
Expenditures
Psychographic
Analysis
Examining the market supply
and market demand within
the trade area to uncover the
categories of retail being
desired by your community.
Drilling down into each retail
segment to identify and
understand what your
consumers spending patterns
are.
Defines the type of consumers
in your market by breaking
down consumers
demographic characteristics,
consumer preferences,
consumer expenditures, and
cultural ideals.
Market Analysis
The cycle begins with market analysis. Your team
will take a deep dive into the data, advanced
analytics, and proprietary tools developed in
house to uncover and define the potential in your
community.
Our primary data source consistently delivers the
highest level of accuracy and allows our team to
analyze and deliver over 3,365 individual
variables (per geography) providing the deepest,
most reliable, information possible to our Clients.
What you receive
157
Maps don’t tell your real estate story. Your team of retail real estate professionals travel to your community to uncover your strategic and underutilized real estate assets. Some of the site metrics we catalogue are:
Real Estate Assessment
Your team gets to know property
owners, developers, and local brokers
who represent these properties. Your
team works with all of these as a service
provided by the city.
Real Estate is the key to every retail
business expansion.
In addition to recruiting more than 700
business into client communities, the
Retail Strategies team has corporate
experience with some of America’s top
retailers. This experience means that
Retail Strategies has some of the
deepest understanding of retail site
selection criteria in the United States.
Retail Strategies is the only retail consulting
firm with over 250+ years of retail real
estate experience and we utilize our
collective knowledge to provide the most
thorough, and creative, assessment of your
community.
The Retail Strategies team is the only retail
consulting firm with 25 licensed real estate
agents and 5 Certified Commercial
Investment Members on staff.
Land for new development
Redevelopment for highest and best use
Existing vacant space
• Available Commercial Property
• O
ff-Market Commercial Property
• New Development Sites
• Site Access
• Parking
• Signage/Visibility
• Co-Tenancy
• Existing Retailers
Type of Retailer Food & Beverage
Demographic Radius
Ring Requirement: 3
Minimum Population
Requirement: 50,000
Household Income
Requirement $50,000
Traffic Count 20,000 VPD
Number of SF or
AC: 1,100 SF-4,500 SF
Location Comments:
Need 2-3 Acres at the best site in town
with excellent access, visibility, and
traffic. Employs on average 44 people.
Average Sales Volume
$9,300,000.
Site Selection Criteria
158
Strategy Presentation
Retail Strategies will present the plan for approval before implementation. As your partner, your buy-in is vital to our efforts and our success.
Once approved, your dedicated team will kick into high gear to connect with the retail, restaurant, hospitality and real estate community to move the needle on business
recruitment.
Marketing Guide
Marketing flyers are a condensed version of the recruitment strategy that can be shared in your community. Marketing Guides showcase critical market data and real estate
information to illustrate the top facts industry professionals need to know about your community. Client cities can
upload these documents to their website, keep printed
versions in their office, and distribute them to interested parties.
Retail Strategy
At the end of our discovery process - we combine your data, analytics, real estate, and community vision to create your Retail Recruitment Plan and Strategy.
This 70+ page document highlights our research on the community, demographic information, retail analysis and our Boots on the Ground real estate analysis.
Identified are the top prospects where our team of experts will perform outreach to match your real estate and market opportunities.
159
Outreach
Your dedicated team will use the information
gathered and presented in the Retail Strategy to
engage in conversations with developers, tenant
reps, and commercial real estate brokers. Retail
Strategies utilizes the network of all 65 employees
to facilitate conversations with brands that are
aligned with your community’s assets and
opportunities.
Conference Representation
Each year our team attends more than a dozen
retail real estate conferences including ICSC
Monterey, ICSC Western , and ICSC Vegas
At the conferences we will conduct meetings with
targeted retailers, restaurants, brokers, and
developers on your behalf. Your team will use
these conferences to build and maintain
relationships on your community’s behalf, provide
your community with updated trends, and
understand the growth strategy of retail brands.
Once a plan is delivered it does not sit on a shelf. This is the human effort that yields results. Your team acts as an extension of your staff to proactively recruit the right retail into your community.
Objective Real Estate Expertise
While each individual real estate broker or local property owner is most concerned with their individual portfolio, Retail Strategies will be concerned with Monterey Park’s best interest on these sites. Instead of backfilling a site with another mattress store or dollar general we will work with the local brokerage community to fill sites with retailers your constituents want that will grow the retail base.
Business Attraction and
Community Representation
160
Communication
Reporting & Collaboration Transparency
You will have a dedicated point of contact to
answer questions, give feedback, and
collaborate on economic development
endeavors. Your portfolio team will provide
quarterly business reports with insights into
active deals.
Retail Strategies utilizes a web platform,
Basecamp 4, to record and share information
shared with our Clients. This platform is
username and password protected and keeps
our partnership organized.
Retail Trends
Retail is constantly evolving and changing.
Everyday we are processing new information
and converting it into insights for our Client
Communities. Throughout the life of our
partnership, we will continuously provide
updates on industry trends and expansion.
With over 250 years of collective retail real estate experience, Retail Strategies maintains a 5-1 client to staff ratio. Each Portfolio Team is an expert in their client community’s region. As portfolio teams work in their territory, information is constantly being shared. If another Portfolio team meets with a retailer that reveals expansion plans in your territory, we can quickly connect the dots.
Our process is built around creating a relationship with you. Through our partnership we will be able to harness your local knowledge and pair it with Retail Strategies’ resources and connections to make an economic impact. In addition, this free flow of communication will always allow you to share feedback with our team.
Team and Communication
Your Portfolio Team
Brooke Hill John Mark Boozer Clay Craft Jessica Bohlen Ashton Rosen Portfolio Director Retail Development
Manager
Vice President,
Client Services
Director,
Community
Partnerships
Communications
Coordinator
161
Success
Strictly Private & Confidential
$46M 800+ 13,280
Annual Sales Tax Retailers Recruited Jobs Created
in Client Communities (Estimated)
162
Background
Firm Qualifications
Retail Strategies bring over 250 collective years of retail and real estate experience. Retail Strategies is the only retail consulting firm with the following qualifications:
• 40+ team members with an active real estate license
• USDA technical assistance provider for rural communities • Lacy Beasley, President of Retail Strategies, serves on the board of ICSC, the nation’s largest retail real estate association Capacity/Team
Retail Strategies invests heavily in research tools (such as mobile data insights) and has the team to act on the data. With over 65 full-time team members, Retail Strategies has an unmatched depth of ability to perform this work.
Experience
Retail Strategies has helped improve quality of place in more than 800 communities by measurably increasing retail and restaurant offerings, sales tax collections, and jobs. Since our inception in 2013, Retail Strategies has recruited nearly 1,000 retailers into client communities ranging from big box grocery stores to hyper-regional restaurants.
Why Partner with Retail
Strategies?
Industry Involvement
“Lompoc’s first partnership with Retail Strategies proved successful, with their team recruiting Planet Fitness, Blaze Pizza, Five Below, Starbucks, ULTA, and Famous Footwear to our city. The Chamber remains focused on economic growth and prosperity, and reengaging with Retail Strategies allows us to strengthen our economic development arm.”
— DeVika Stalling, president of Lompoc Valley Chamber of Commerce 10 163
//
A commitment to retail will pay you back
for years beyond the initial investment.
The total fee for completion of work is due upon execution of agreement. Project fees are due within 30 days of receipt of the invoice. Should the Client request a special assignment, additional work, and/or additional travel needs not specifically referenced in the contract, we will prepare written authorization to be signed by the Client in advance of commencing any additional work.
PRICING VALID FOR 60 DAYS FROM March 1, 2025
YEAR 1: Retail Recruitment
• Data and Consumer Analysis
• Real Estate Analysis
• Retail Recruitment Plan
• Customized Marketing Guide
• Direct Retail Recruitment
• Conference Representation $45,000
YEAR 2: Retail Recruitment
• Pro-active retail recruitment for targeted zones
• Contact with a minimum of 30 retailers, restaurants, brokers and/or developers ea
ch year
• ICSC and Retail Live conference representation
• Quarterly Business Reviews with updates on recruitment efforts and industry news • Access to project management software for collaboration and information $45,000
YEAR 3: Retail Recruitment
• Pro-active retail recruitment for targeted zones
• Contact with a minimum of 30 retailers, restaurants, brokers and/or developers ea
ch year
• ICSC and Retail Live conference representation
• Quarterly Business Reviews with updates on recruitment efforts and industry news • Access to project management software for collaboration and information $45,000 TOTAL 3-YEAR PARTNERSHIP INVESTMENT $135,000
Recruitment Investment
164
Attachment 2
165
Retail Recruitment Services
www.retailstrategies.com | [email protected] | +1 (205) 313-3676 166
About Us
Born out of a commercial real estate firm, Retail
Strategies exists to build trust-based economic
development relationships with communities across
the country. We meet this goal by offering human
resources and asset-based solutions to help
recruit
expanding national brands, revitalize downtowns, and
support our country’s small business community.
With confidence, we pursue this mission by delivering
unparalleled customer service as a unified team to
help our city partners
discover who they are, connect
them to opportunities in their market, and advance
the steps towards their next goal.
ONE COMPANY
Industry Leaders
• 160 years of retail real estate experience
• Direct connections to retailers
& developers
• Hands-on approach
Industry Involvement
167
168
Data & Analytics
DISCOVER
o Customized Trade Area
o GAP Analysis
o Peer Analysis
169
Market Opportunity
DISCOVER
$799M
Retail Leakage
• Retail trade area
• Retail Leakage
• Retail peer market analysis
• Competition analysis
• Psychographic profile of trade area
• Aerial imagery
• Retail competitor mapping/analysis
• Analysis of future retail space
req
uirements
• Retail Prospects
• Custom on-dema nd demographic
research
170
Customized
Trade Area
71,000+
2024 estimated population
$96,000+
Average Household Income
7%
Growth Rate
37 Average Age
171
GAP Analysis
166,360,042
$106,096,658
$65,233,621
Food Services General Merchandise Health and Personal Care $799 Mil
Total GAP
172
Peer
Analysis
How you measure up to
similar communities?
173
Prospects &
Site Criteria
Food & Beverage
Demographic Radius
Ring Requirement: 3
Minimum Population
Requirement: 9,000
Household Income
Requirement $65,000
Traffic Count 20,000 VPD
Number of SF or AC: 1,100 SF
Location Comments:
Standard “Vanilla” shell with improvements.
Morning side of roadway, drive-thru window
preferred. Free standing, shared pad, or end
cap located in mix use “major tenant”
community shopping center with national or
regional tenant.
Retail
Category
Appropriate
Retailer
174
Real Estate Analysis
CONNECT
o Universal Site Metrics
o Inventory
o Site Selection Timeline
175
Universal
Site Metrics
o Signage/Visibility
o Parking
o Access
o Co-T enancy
o Traffic
o “Drives Decision”
CONNECT
HOME RUN REAL ESTATE
176
Inventory
CONNECT
• Marketing resource
• Relationships
• Amplified exposure
177
Our Partnership
ADVANCE
o Retail Recruitment
o National Representation
178
Market
Analysis
Marketing
Guide
Retail
Recruitment
Plan
Deliverables
ADVANCE
179
Our Relationships
ADVANCE
180
The Team
With a 4:1 client to staff ratio, we are dedicated to our client communities’ needs.
Courtney Hall
Chief Marketing Officer
Ryder Richards
Creative Director
Ruthie Jolly
Marketing Associate
Jessica Bohlen
Director of
Business Development
Lacy Beasley
President
Scott VonCannon
Chief Operating Officer
Clay Craft
Vice President, Client Services
John Mark Boozer
Retail Development Manager
Brooke Hill
Portfolio Director
181
Conference Representation
The Follow Up:
Following each
conference, you will
receive Recap Report on
who we met with, what
was said, and what our
next steps are.
The Event:
At the conferences we will
set up and have meetings
with targeted retailers,
restaurants, brokers, and
developers on your
behalf.
Each year our team attends dozens of retail real
estate conferences including:
ICSC Monterey, ICSC Vegas, ICSC Western.
182
Client Success
TESTIMONIALS & RETAIL WINS
183
Mark Staples,
Director of Planning & Development
Taft, CA
Taft, California
Retail Strategies has accomplished a lot for the city and more importantly, carry a lot of credibility with the retail firms the city is trying to attract. That’s been the biggest benefit...to compile this information that retailers are looking for.
SUCCESS
Taft partnered with Retail Strategies in 2018 to
identify the right retail and restaurant concepts for
the city. Taft found use of the Mobile GPS data
helpful to tell the story that their town of 9,500
brings in more than 23,000 people throughout the
day, making Taft more intriguing to retailers.
Since then, four new retail and restaurant businesses
with lines out the door during the Grocery Outlet
grand opening event.
POPULATION 9,372
SALES TAX COLLECTIONS $124,800 annually
JOB CREATION 90
184
450
Jobs Created
(Estimated)
$72,847
Annual Local Sales
Tax Revenue Collected
$72.8 Mil
New Annual Retail Sales
in Client Communities
California
ROI + SUCCESS
“Lompoc’s first partnership with Retail Strategies proved successful, with their team recruiting Planet Fitness, Blaze Pizza, Five Below, Starbucks, ULTA, and Famous Footwear to our city. The Chamber remains focused on economic growth and prosperity, and reengaging with Retail Strategies allows us to strengthen our economic development arm.” - DeVika Stalling, President of Lompoc Valley Chamber of Commerce 185
Attachment 3
186
1 CITY OF SANGER
CONSULTANT SERVICES AGREEMENT
This Consultant Services Agreement ("Agreement”) is en tered into between the C ITY OF SANGER, a California general law city (“City”) and Retail Strategies ("Consultant”) . This Agreement shall be effective on the date signed by City which shall occur after execution by Consultant (“Effective Date”).
RECITALS
A. The City is in need of Retail Recruitment Professional Services and has requested a proposal from Service Provider.
B. Service Provider submitted a Proposal and represents and warrants that it has the experience and qualifications to provide services under this Agreement.
C. After review and consideration, City desires to enter a contract with Service Provider to provide said services.
NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:
AGREEMENT
1. S
cope of Services . Consultant shall perform , to the satisfaction of City in accordance with this Agreement, the Services described in the “S cope of Services ” set forth in Exhibit A attached hereto and incorporated by reference herein, and as may be revised by mutual agreement of the parties. Consultant warrants that it is qualified to perform the Services under this Agreement.
Consultant shall be familiar with and shall comply with all State and Federal laws and regulations applicable to the work to be performed under this Agreement.
2. C
ommencement of Services; Term of Agreement . The term of this Agreement shall be from ___, 2025 to ___, 2028 or until such time as the Agreement is terminated by either party in accordance with this Agreement, whichever is earlier.
(a) Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors assigned to perform the Services under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors assigned to perform the Services under this Agreement.
(b) A
dditional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit "A," unless such additional services are authorized by written amendment to the Agreement.
187
2 3. Compensation for Services. City shall compensate C onsultant for rendering the Services as follows:
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant per monthly invoice. Both parties agree that Consultant’s proposal to complete the Services is $45,000, annually, for three (3) years for a total of $135,000 and that the Services are anticipated to be completed by ______, 2028. See Exhibit A.
(b) Each month Consultant shall invoice City for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by subcategory), travel, materials, equipment, supplies, and sub-consultant contracts.
(c) City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount, and notify Consultant of the nature and amount of the disputed charge or expense. The parties shall seek to resolve the disputed items(s) by mutual agreement.
4. I ndependent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant’s employees or subcontractors, any claim or right of action against City.
5. S
tandard of Care . Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. Consultant represents that to the extent Consultant utilizes subcontractors, such subcontractors are, and will be, qualified in their fields.
Consultant also expressly represents that both Consultant and its subcontractors, if any, are now, and will be throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Consultant and its subcontractors, if any, shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with and keep themselves informed of all applicable laws and regulations.
6. I
dentity of Subcontractors and Sub-Consultants . Consultant shall, before commencing any work under this Agreement, provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontractors pre -approved by City and in no event shall Consultant replace an approved subcontractor without the advance 188
3 written permission of City, with the understanding that City’s permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.
7. S
ubcontractor Provisions . Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant ; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.
8. P
ower to Act on Behalf of City. Consultant shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.
9. R
ecord Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports and five (5) copies of all final reports prepared by Consultant under this Agreement.
10. Own
ership and Inspection of Documents. A ll data, tests, reports, documents, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs (“Work Product”), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work P roduct as it sees fit. Upon City’s request, Consultant shall make available for inspection and copying all such Work Product and all Work P roduct shall be turned over to City promptly at City’s request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of the City Manager. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.
11. C
onfidentiality . All data, reports, conclusions, opinions, recommendations and other work product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services , except to its agents, employees , affiliates , and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.
12. C
ity Name and Logo. Consultant shall not use City’s name or insignia, photographs relating to the City projects for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or 189
4 radio production or other similar medium without the prior written consent of City.
13. C
onflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an interest, present or contemplated, in the Services. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. City understands and acknowledges that Consultant will, perform non- related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.
14. No
n -liability of Officers and Employees . No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.
15. C
ity Right to Employ Other Consultants. This Agreement is non- exclusive with Consultant.
City reserves the right to employ other consultants in connection with the Services.
16. T er
mination of Agreement . This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following.
a.. Termination by City: Without Cause. This Agreement may be terminated by City at its discretion upon thirty (30) days prior written notice to Consultant.
b. T
ermination by City or Consultant: For Cause . Either party may terminate this Agreement upon twenty (20) days prior written notice to the other party of a material breach, and a failure to cure within that time period.
c. C
ompensation to Consultant Upon Termination. In the event termination is not due to fault attributable to Consultant and provided all other conditions for payment have been met, Consultant shall be paid compensation for services performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in Section 3 herein . In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
190
5 d. Effect of Termination . Upon receipt of a termination notice (or completion of this Agreement), Consultant shall : (i) promptly discontinue all Services affected (unless the notice directs otherwise) ; and (ii) deliver or otherwise make available to the City, without additional compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Consultant. Consultant may not refuse to provide such writings or materials for any reason whatsoever.
17. Insurance . C
onsultant shall obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit " _" attached hereto and incorporated herein by this reference. All insurance policies shall be subject to City approval as to form and content. Consultant shall provide City with copies of required certificates of insurance upon request.
18. Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of the acts, errors, or omissions constituting negligence, gross negligence, willful misconduct or fraud of Consultant or its subcontractors relating to the performance of Services described herein.
Consultant's duty to defend and indemnify City shall not extend to injuries or damages that are the result of City's sole negligence or willful misconduct.
C
onsultant’s duty to defend shall immediately arise when a claim is asserted and/or a lawsuit is initiated against the City arising out of or occurring in connection with the acts, errors, or omissions constituting negligence, gross negligence, fraud or willful misconduct of Consultant or its subcontractors relating to the performance of Services described herein and regardless of whether others may owe the City a duty of defense and/or indemnity. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement for a period of two (2) years.
19. Assignment . N
either this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant.
20. F
orm and Service of Notices . All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
191
6 To City: David Brletic To Consultant: Jessica Bolen
Community Development Director Director, Community Partnerships City of Sanger Retail Strategies
1700 7th Street 600 W. 6th Street
Sanger, CA 93657 Fort Worth, TX 76102
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three
(3) days after deposit of the same in the custody of the United States Postal Service.
21. E ntire Agreement. This Agreement , including the attachments , represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.
22. S
uccessors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
23. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.
24. S
everability . In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.
25. A
pplicable Law and Interpretation and Venue . This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Fresno, California. Consultant shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.
26. Attorneys Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.
27. A
mendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
192
7 28. T hird Party Beneficiaries . Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.
29. E
xecution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
30. No
n -Discrimination. Consultant shall not discriminate on the basis of any protect ed class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class, includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.
31. C
ompliance with All Laws . In providing the services required under this Agreement, Consultant shall at all times comply with all applicable laws of the United States, the State of California, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
N
ow, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below.
ADD NAME CITY OF SANGER
By:___________________________ By: ______________________________ Jessica Bolen Nathan Olson
Director, Community Partnerships City Manager
Date: __________________ Date: ______________________
193
8 EXHIBIT A
SCOPE OF SERVICES AND COMPENSATION
EXHIBIT B
INSURANCE
A. Insurance Requirements
i. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Consultant’s general liability policies shall be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be 194
9 additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
ii. Any failure to comply with reporting provisions of the policies by Consultant shall not affect coverage provided by the City.
iii. Coverage shall state that Consultant insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability.
iv. Coverage shall contain a waiver of subrogation in favor of the City.
B. Business Automobile Liability
i. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISP Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident.
C. Workers’ Compensation and Employers’ Liability
i. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employers’ Liability Insurance with limits of at least one million dollars ($1,000,000).
Consultant shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
D. All Coverages
i. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days’ prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. ii. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
iii. Evidence of Insurance – Prior to commencement of work, the Consultant shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Consultant must agree to provide complete, certified copies of all required insurance policies of requested by the City.
iv. Acceptability of Insurers – Insurance shall be placed with insurers admitted in the State of California with an AM Best rating of A- VII or higher.
195
10 196