CITY OF SIMI VALLEY
MEMORANDUM
N
ovember 7, 2022
TO
: City Council
F
ROM: Police Department
S
UBJECT: AUTHORIZATION TO PURCHASE SEVEN FORD POLICE UTILITY
INTERCEPTORS FROM FOLSOM LAKE FORD THROUGH THE STATE
OF CALIFORNIA DEPARTMENT OF GENERAL SER VICES
COOPERATIVE AGREEMENT, AUTHORIZE THE CITY MANAGER TO
EXECUTE RELATED PURCHASING DOCUMENTS , AND AUTHORIZE
AN INTERFUND TRANSFER TO THE VEHI CLE FUND TO COVER
OVERAGE COSTS
STAFF RECOMMENDATION
I
t is recommended that the City Council authorize the Police Department to purchase seven Ford Police Utility Interceptors from Folsom Lake Ford through the State of California Department of General Services Cooperative Purchasing Agreement, Contract Number 1-22-23-14C (Exhibit B, page 12) , at a total cost not -to-exceed $373,504.43, authorize an inter -fund transfer to the vehicle fund, and authorize the City Manager to execute related purchasing documents.
BACKGROUND AND OVERVIEW
O
n June 13, 2022 , t he City Council approved the FY 2022 -23 Budget, which allocated $400 ,000 for the replacement of Police Department vehicles. The Department has identified seven vehicles for acquisition; five replacement vehicles will be assigned to the Patrol Bureau and two vehicles will be assigned to the Special Enforcement Bureau. Since the Department historically obtains the lowest price for its enforcement vehicles through cooperative agreements, those avenues were explored in this instance.
F
olsom Lake Ford has a Cooperative Agreement with the State of California and provided a quote (Exhibit A, page 9) for the vehicles. Th e cost per black and white unit is $53,725.49 (times five vehicles), and the cost per unmarked unit is $52,438.49 (times two vehicles), for a total cost of $ 373,504.43. Furthermore, the dealer offers a $500 per vehicle discount for payments made within 20 days of acceptance. Historically, the Department takes advantage of dealer discounts, which further reduces overall cost.
When applying dealer discounts, the total cost will be $370,004.43. The Police Department General Fund operating budget has the funding to cover any costs over the original budget amount of $400,000 . Staff is requesting authori zation for an inter-fund AGENDA ITEM NO.
Consent (4)
2 transfer to cover overages of funding without the dealer discount in the event the City is unable to process payment within 20 days.
S
ection 2-9.201(f) of the City’s Municipal Code allows the use of cooperative agreements when the sponsoring agency has conducted a competitive bid process. The Cooperative Agreement with the State of California has met this requirement.
I
t should be noted that the Police Package Ford Utility Interceptor is a unique vehicle configuration. Prior attempts to invite bids through the City’s customary bidding process have been unsuccessful as no bids were received for Police Utility Interceptors.
FINDINGS AND ALTERNATIVES
T
he following alternatives are available to the City Council:
1. A
uthorize the Police Department to purchase seven Ford Police Utility Interceptors from Folsom Lake Ford through the State of California Department of General Services Cooperative Agreement at a price not-to-exceed $373,504.43, authorize an interfund transfer to the vehicle account , and authorize the City Manager to execute related purchasing documents;
2. D
o not authorize the Police Department to purchase Ford Police Utility Interceptors;
3. P
rovide staff with alternate direction.
S
taff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I mov
e to authorize the P olice Department to purchase seven Ford Police Utility Interceptors from Folsom Lake Ford, through the State of California Department of General Services Cooperative Agreement at a price not -to-exceed $ 373,504.43, authorize an interfund transfer to the vehicle account, and authorize the City Manager to execute related purchasing documents.
SUMMARY
T
he FY 2022-23 Budget allocates $400,000 for the Police Department to replace fleet vehicles. Folsom Lake Ford has provided a quote through the State of California Department of General Services Cooperative Agreement for $373,504.43. Furthermore, staff intends to take advantage of the $500 per vehicle discount if paid within 20 days of acceptance. Therefore, staff recommends that the Cit y Council authorize the Police Department to purchase s even Ford Police Utility Interceptors from F olsom Lake Ford through the State of California Department of General Services Cooperative Agreement at a price not-to-exceed $373,504.43, including funding authorization in the event the City 3 is unable to process the payment within 20 days to obtain the dealer discount, and authorize the City Manager to execute related purchasing documents. ____________________________________
D avid M. Livingstone
Chief of Police
P
repared by: Ryan Underwood, Police Maintenance Supervisor INDEX Page
C
ontract…………………………………………………………………. ...4
Exhibit A: Folsom Lake Ford Quotation ............................................ 9 Exhibit B: California Dept. of General Services
Cooperative Purchasing Agreement ...................... 12 [Agreement No.]
CO
NTRACT BETWEEN THE CITY OF SIMI VALLEY AND
FOLSOM LAKE FORD FOR THE PURCHA SE OF SEVEN
FORD POLICE UTILITY INTERCEPTORS
T
HIS CONTRACT is made and entered into in the City of Simi Valley on November 7th, 2022 (the “Effective Date”), by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and FOLSOME LAKE FORD, a corporation, hereinafter referred to as CONTRACTOR , each a “Party,” and collectively, “Parties”.
RECITALS
W
HEREAS, the CITY wishes to purchase seven Ford Explorer Police Utility Interceptors; and
W
HEREAS, CONTRACTOR has a valid contract with another
governmental agency State of California CONTRACT No. 1- 22-23-14C under which CONTRACTOR provides the Ford Explorer Police Utility Interceptors (the “Cooperative Contract”).
N
OW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the Parties hereto agree as follows:
AGREEMENT
1 . Term. The term of this CONTRACT shall be from the date this CONTRACT is made and entered as first written above, until completion of all of the CONTRACTOR’S obligations under this CONTRACT and its accompanying exhibits, but in any event no longer than 240 days from the Effective Date. 2 . Description of Supplies, Equipment, Materials, or Services. This CONTRACT is for the purchase of seven Ford Explorer Police Utility Interceptors .
CONTRACTOR agrees to supply the item(s) more specifically set forth in the Folsom Ford quotes dated October 12, 2022, and attached hereto and incorporated herein as Exhibit “A” in accordance with the terms and conditions of the Cooperative Contract attached hereto and incorporated herein as Exhibit “B”. 3 . Compensation and Payment.
A. T
he CITY shall be obligated to pay CONTRACTOR based
upon the unit and/or lump sum prices Exhibit “A”.
B. P
ayments to the CONTRACTOR shall be made within 30
days after receipt of an original invoice from the CONTRACTOR and acceptance of the goods and/or services by CITY.
C. I
n no event shall the total amount paid for this CONTRACT exceed $373,504.43 (the “Not-To-Exceed Limit”) unless otherwise agreed to by the Parties in writing.
4 2
4. CONTRACTOR Representations and Obligations.
A. C
ONTRACTOR shall perform as required by this
CONTRACT. CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
B. C
ONTRACTOR shall obey all Federal, State, local, and
special district laws, ordinances, and regulations.
C. C
ONTRACTOR shall indemnify, defend, and hold CITY
harmless from any claim that prevailing wages should have been paid pursuant to this CONTRACT, including federal prevailing wage requirements under the Davis-Bacon Act, if applicable and shall be liable for the payment of same and any penalties thereon.
D. CO
NTRACTOR shall abide by the CITY’S Business Tax
Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT. CONTRACTOR shall maintain a valid Business Tax Certificate for the term of the CONTRACT.
5 . Audit.
A. A
t any time during normal business hours and as often as the CITY may reasonably deem necessary, CONTRACTOR shall make available to CITY for inspection its records pertaining to this CONTRACT. CONTRACTOR shall permit CITY to audit, examine and/or reproduce such records. CONTRACTOR will retain such financial records, time sheets, work prog ress reports, invoices, bills and project records for at least two (2) years after termination or final payment under this CONTRACT. This paragraph shall survive for two (2) years after termination of this CONTRACT.
B. C
ITY shall have the option of inspecting and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. 6 . Hold Harmless and Indemnification; Insurance. CONTRACTOR shall defend, indemnify, and hold harmless CITY, its agents, officials, officers, representatives, and employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of CONTRACTOR, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non-performance of this CONTRACT.
The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is nec essary to protect the CITY, its agents, officials, officers, representatives, and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this CONTRACT. The CONTRACTOR must select an attorney acceptable to the CITY who will defend such proceeding and the CITY will control any litigation thereof. Such approval by the CITY will not be unreasonably withheld. This paragraph shall survive the termination of this CONTRACT.
I
nsurance: CONTRACTOR shall, at CO NTRACTOR’S sole c ost and expense, provide insurance as contained in Exhibit “ A”, incorporated herein. 5 3
CONTRACTOR shall not commence work on the Services to be performed, until it submits proof of all insurance coverage as required.
7. Amendments. Any amendment, modification, or variation from the terms of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the City Manager and CONTRACTOR.
8. Anti-Discrimination
. In the performance of the terms of this
CONTRACT, CONTRACTOR shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.
9. Termination. If, during the term o f this CONTRACT, CITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform. The notice must give to the CONTRACTOR a ten (10) day period of time thereafter in which to perform the work or cure the deficiency. If CONTRACTOR has not performed the work or cured said deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and CITY may terminate this CONTRACT immediately by written notice to C ONTRACTOR. Thereafter, neither Party shall have any further duties, obligations, responsibilities, or rights under this CONTRACT except, however, any and all obligations of CONTRACTOR'S surety shall remain in full force and effect and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In such event, CONTRACTOR shall be entitled to the reasonable value of its services pursuant to the applicable price or rate schedules in this CONTRACT (but in any event not to exceed the Not -To-Exceed Limit) performed from the beginning of the period in which the breach occurs up to the day it received CITY'S Notice of Termination, minus any damages, including liquidated damages i f so provided herein, occasioned by such breach. CITY reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the CITY'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the Not -To- Exceed Limit.
10. Complete CONTRACT; Order of Precedence . This CONTRACT and its accompanying exhibits shall constitute the complete CONTRACT between the Parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the P arties hereto. In interpreting this CONTRACT, this CONTRACT shall take precedence over the Cooperative Contract.
11. Time of Performance. Time is of the essence in this CONTRACT.
12. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto; provided, however, that no Party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other Party, and any such assignment without said consent shall be void.
6 4
14. Authority to Execute Contract
. Both CITY and CONTRACTOR do
covenant that each individual executing this CONTRACT on behalf of each Party is a person duly authorized and empowered to execute contracts for such Party.
15. Jurisdiction and Venue
. Jurisdiction is in an appropriate court in
the State of California and venue lies in Ventura County, and the Parties do not consent to arbitration. In the event of any dispute, each Party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.
16. Non-Appropriation of Funds . Payments due and payable to CONTRACTOR for current goods and/or services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY has not appropriated sufficient funds for payment of goods and/or services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
17. Taxpayer Identification Number . CONTRACTOR shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, form W-9 (latest revision), as issued by the Internal Revenue Service.
18. Permits and Licenses . CONTRACTOR, at its sole cost and expense, shall obtain and maintain during the term of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.
19. Waivers. The waiver by one Party of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by said Party or as a waiver of any other term or breach.
20.. Notices. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither Party to this CONTRACT shall refuse to accept such mail; the Parties to this CONTRACT s hall promptly inform the other Party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each Party to this CONTRACT is as follows:
CITY City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn:
CONTRACTOR Folsom Lake Ford
12755 Folsom Blvd.
Folsom, CA 95630
7 5
[Remainder of page intentionally left blank]
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed as of the Effective Date.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Brian Paul Gabler, City Manager of the City of Simi Valley, California
Approved as to Form: FOLSOM LAKE FORD
By:
David L. Caceres, City Attorney [FIRST CORPORATE OFFICER/CEO] Folsom Lake Ford
Approved as to Content: Print Name:
Title:
David Livingstone
Chief of Police By:
[SECOND CORPORATE OFFICER]
Folsom Lake Ford
Print Name:
Title:
8 6
Exhibit A
FOLSOM LAKE FORD QUOTES
9 10
11 7
Exhibit “B”
CALIFORNIA DEPARTMENT OF GENERAL
SERVICES COOPERATIVE AGREEMENT
12 Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California
STATEWIDE CONTRACT
USER INSTRUCTIONS
All changes to mos t recent S upplement are in bold red it alic. Additi ons ar e enclos ed in as teris ks, * , and deleti ons are enclos ed in br ac kets , [ ].
MANDATORY
*Supplement 1*
ISSUE AND EFFECTIVE DATE: *9/2/2022*
CONTRACT NUMBER: 1-22-23-14C
DESCRIPTION: Enforcement Vehicles, Police Pursuit
(Ford Explorer V6 AWD)
(Ford Explorer V6 AWD - HEV)
CONTRACTOR: Folsom Lake Ford
CONTRACT TERM: 5/11/2022 through 5/10/2025
STATE CONTRACT ADMINISTRATOR: Rudolph Jimenez
(279) 946-8312
[email protected]
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:
Non-IT General Provisions, rev 06/08/2010
(https://www.dgs.ca.gov/-/media/DD14F21678F64EBFADBC227F2C517C79.ashx) Cal eProcure link: www.caleprocure.ca.gov
ORDER PLACEMENT INFORMATION
Mailing Address:
Folsom Lake Ford
12755 Folsom Blvd.
Folsom, CA 95630
Fax/Email:
Fax: (916) 353-2078
Email:
[email protected]
Contact Information:
Folsom Lake Ford
Mark Paoli
Phone: (916) 351-4202
Email:
13 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 1
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.
SUMMARY OF CHANGES
Supplement
Number Description/Articles Supplement
Date
*1* *Subject contract for Enforcement Vehicles,
Police Pursuit is hereby modified to reflect the
following changes:
• Attachment A – Contract Pricing,
Supplement 1 has been updated to
reflect a price increase.
• Effective September 9, 2022, orders for
23MY will not be accepted and 23MY
vehicles will not be available until further
notice.
Note: The cut-off date to submit orders for
23MY is close of business September 8, 2022.*
*9/2/2022*
N/A Original Contract Posted
5/11/2022
All other terms and conditions remain the same.
14 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 1
15 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 1
16 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 1
SCOPE
The State’s contract with Folsom Lake Ford (Contractor) provides Enforcement Vehicles, Police Pursuit at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-22-23-14C. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Enforcement Vehicles, Police Pursuit to the State.
The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term.
CONTRACT USAGE/RULES
A. State Departments
• The use of this contract is mandatory for all State of California departments. • State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2, as applicable.
• Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at [email protected]
.
• State departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.
B. Local Governmental Agencies
• Local governmental agency use of this contract is optional. • Local government agencies are defined in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299 (b); this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds for the acquisition of products While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.
17 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 1
• Local governmental agencies shall have the same rights and privileges as State departments under the terms of this contract. Any local governmental agencies desiring to participate shall be required to adhere to the same responsibilities as do State departments and have no authority to amend, modify or change any condition of the contract.
• A DGS issued billing code is not required for local governmental agencies to place orders against this contract.
C. Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.
DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.
Current fees are available online in the Price Book & Directory of Services
(https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).
B. Local Governmental Agencies
For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to
1.25 percent of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the local governmental agency’s purchase price, nor invoiced or charged to the local governmental agency. All prices quoted to local governmental agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.
SB/DVBE OFF-RAMP PROVISION
There is no SB/DVBE off ramp associated with this contract.
EXEMPT PURCHASES
There are no exempt purchases associated with this contract.
PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, 18 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 1
outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).
CONTRACT ITEMS
All line items are listed on Attachment A – Contract Pricing.
SPECIFICATIONS
All products listed on Attachment A, Contract Pricing, conform to Attachment B1, Specifications 2310-5644, dated 9/30/2021 and Attachment B2, Specifications 2310-5712, dated 9/30/2021.
CUSTOMER SERVICE
Contractor will provide office and personnel resources for responding to requests, including telephone coverage weekdays during the hours of 8:00 AM through 5:00 PM (PT).
Contact Phone Email
Customer Service Unit (916) 351-4202 [email protected]
PRODUCT SUBSTITUTIONS
Product substitution shall be in accordance with the General Provisions (rev 06/08/10), Article 16 entitled “Substitutions”.
PROMOTIONAL PRICING
During special pricing promotions, the Contractor shall offer the ordering agency the promotional pricing or the discount percentage off list, whichever is lower.
The Contractor shall notify the State Contract Administrator of all promotional pricing changes. Notification shall include at a minimum:
• Promotion start and end dates
• Models, products, and services included in the promotion • Promotional pricing
Promotional pricing shall not be cause for a permanent change in pricing. Promotional pricing shall not be cause for Contractor refresh.
Promotional items shall come with all benefits of the statewide contract terms and conditions and shall include all provisions such as warranty and delivery.
19 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 1
PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site (https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx) (select STD Forms).
All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
• Line Item number
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price
2) FI$CAL Purchase Documents
State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.
3) Blanket Orders
The use of blanket purchase orders against this statewide contract is not allowed.
B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number and Billing Code which are used by State departments only).
MINIMUM ORDER
The minimum order shall be one (1) vehicle
20 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 1
ORDERING PROCEDURE
Ordering agencies are to submit appropriate purchase documents directly to the Contractor via one of the following ordering methods:
• U.S. Mail
• Facsimile
• Email
The Contractor’s Order Placement Information is as follows:
ORDER PLACEMENT INFORMATION
U.S. Mail:
Folsom Lake Ford
12755 Folsom Blvd.
Folsom, CA 95630
Facsimile: (916) 353-2078
Email:
When using any of the ordering methods specified above, all State departments must conform to proper State procedures.
ORDER ACCEPTANCE
The Contractor shall accept orders from any ordering agency. The Contractor shall not accept purchase documents for this contract that:
• Are incomplete
• Contain non-contract items
• Contain non-contract terms and conditions
The Contractor must not refuse to accept orders from any ordering agency for any other reason without written authorization from the State Contract Administrator.
ORDER RECEIPT CONFIRMATION
The Contractor will provide ordering agencies with an email or facsimile order receipt confirmation within forty-eight (48) hours of receipt of purchase document. The Order Receipt Confirmation shall include the following information:
• Ordering agency name
• Agency order number (purchase order number)
• Purchase order total cost
• Anticipated delivery date
21 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 1
OUT OF STOCK REMEDY
Upon receipt of an order acknowledgment identifying out of stock items, the ordering agencies shall have the following options:
• Request a back order
• Cancel the item from the order with no penalty
The Contractor will provide notification to the ordering agencies regarding out-of-stock items which have been back ordered.
Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products.
DISCONTINUED ITEM REMEDY
Upon receipt of an order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:
• Amend purchase document to reflect State-approved substitute item (per Article 10, Product Substitutions)
• Cancel the item from the order
Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products without approval from the State Contract Administrator.
DELIVERY SCHEDULES
Delivery for orders placed against this contract shall be in accordance with the following:
A. Pre-Delivery Checklist
Prior to delivery, each vehicle shall be completely inspected, serviced, and detailed by the delivering dealer and/or the manufacturer’s pre-delivery service center. A copy of the pre-delivery checklist shall be completed for each vehicle, signed by a representative of the organization performing the inspection/service, and delivered with the vehicle.
B. Delivery Documents
The following documents shall be delivered to the receiving agency with the vehicle:
• Completed and signed pre-delivery service checklist, including the order number and Vehicle Identification Number (VIN)
• “Line Set Tickets” or “Window Sticker” showing all options installed • One (1) copy of the vehicle warranty
• One (1) Owner’s Manual
• Speed Calibration documentation for each vehicle
22 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 1
C. Locations
Deliveries are to be made (statewide) to the location specified on the individual purchase order, which may include, but not limited to inside garages and parking lots.
D. Schedule
Delivery made to any State department is to begin within ninety (90) days after receipt of order (ARO). State departments may limit delivery to a maximum of ten (10) units per working day.
Delivery to local agencies is to be completed in full within 150 days ARO.
Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each facility for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within twelve (12) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Confirmation.
Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off -peak
hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM.
E. Security Requirements
Deliveries may be made to locations inside secure grounds that require prior clearances or special entry procedures for delivery drivers.
Security procedures may vary from facility to facility. The Contractor will be responsible for contacting the secure location for security procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.
Deliveries that are delayed due to drivers not being cleared to enter secure grounds may be cause for contract default
.
FREE ON BOARD (F.O.B.) DESTINATION
All prices offered shall be F.O.B. destination; freight prepaid by the Contractor, to the ordering agency’s receiving point. Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.
The Contractor will be required to deliver vehicles to State agencies or local agencies FOB Destination, Sacramento County. Additionally, delivery shall be FOB Destination to the California Highway Patrol (CHP), Fleet Operations, 3300 Reed Ave., West Sacramento, California 95605.
23 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 1
Vehicles shall be delivered from the factory to the Contractor’s place of business. If the purchase order indicates delivery outside an FOB point, the Contractor and agency will negotiate for delivery beyond the FOB point. This delivery may be subject to an additional delivery charge by the resulting contractor(s). This charge shall be shown as a separate item on the purchase order and invoice.
State agencies requesting delivery outside the FOB area must contact the Transportation Management Unit for freight rate comparisons if the Contractor is delivering the vehicle.
These delivery instructions will be provided on the purchase order. Contractors receiving a purchase order without specific transportation instructions must contact the ordering agency.
Caravan or drive-away method of delivery from the factory to a dealer is not acceptable.
The supplier shall insure that each vehicle reaches its delivery point with no less than five (5) gallons of fuel in the fuel tank.
Drop ship deliveries shall not be made without prior State inspection.
Vehicles delivered from a Contractor with more than 50 miles on the odometer will be charged 50 cents for each mile exceeding 50 miles. This charge shall be deducted from the order price for each vehicle delivered against each order. Vehicles delivered with more than 250 miles on the odometer will not be accepted.
SHIPPED ORDERS
All shipments shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.
PACKING SLIP
A packing slip will be included with each shipment, which will include at least the following information in no particular order:
• Agency order number (purchase order number)
• Ordering agency name
• Line item description
• Quantity ordered
• Quantity included in shipment
• Any back ordered or out of stock items and availability date of unfilled and partial shipment
• Number of parcels
• Destination
• All information contained on the packing label
24 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 1
PACKING LABEL
A packing label will also be included with each order shipped and include the following items, visible on the outside of the box:
• Ordering agency name
• Delivery address, unit, and/or floor
• Department and floor
• Ordering agency contact name
• Ordering agency telephone number
SAFETY DATA SHEET
The Contractor shall provide a Safety Data Sheet for product(s) subject to Title 8 of the California Code of Regulations, Section 5194, Hazard Communication. The Safety Data Sheet is to be prepared and delivered in accordance with this Section.
INSPECTION AND ACCEPTANCE
Vehicles ordered for State use will be inspected by a State Inspector at the Contractor’s place of business. Inspection by local agencies will be at the Contractor’s place of business or as otherwise agreed to by the dealer and local purchasing agency. Inspection will commence within five (5) State working days of notification that a vehicle is ready for inspection. Inspection will include: specification compliance, workmanship, appearance, proper operation of all equipment and systems, and that all documents are present. In the event deficiencies are detected, the vehicle will be rejected and the delivering Contractor will be required to make the necessary repairs, adjustments or replacements. Payment and/or the commencement of a discount period (if applicable) will not begin until the defects are corrected and the vehicle is re-inspected and accepted.
Completion of inspection or acceptance by the State Inspector shall in no way release the Contractor from satisfying the requirements of the contract, specifications, and warranty.
Deviations from the specified requirements that are detected by the inspection shall be corrected by the Contractor in an expeditious manner at no expense to the owning agency.
Inspection by local agencies will be at the dealer’s place of business or as otherwise agreed to by the dealer and local purchasing agency.
CONTRACT ADMINISTRATION
Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.
25 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 1
Administrator
Information DGS-PD Folsom Lake Ford
Contact
Name:
Rudolph Jimenez Mark Paoli
Telephone: (279) 946-8312 (916) 951-4202
Facsimile: (916) 375-4613 (916) 353-2078
Email: [email protected] [email protected] Address: DGS/Procurement Division
Attn: Rudolph Jimenez
707 Third Street, 2nd Floor, MS 201
West Sacramento, CA 95605
Folsom Lake Ford
Attn: Mark Paoli
12755 Folsom Blvd.
Folsom, CA 95630
RETURN POLICY
The Contractor will accept all products for return at no cost to the ordering agency within thiry (30) calendar days of delivery, and refund the customer in full.
Products returned should be in the packaging as delivered and include all documentation.
Lost or damaged packaging materials and/or documentation shall be supplied by the Contractor. The Contractor shall not charge for these materials in excess of the Contractor’s cost or the 10 percent restocking fee, whichever is lower. The Contractor shall provide the State Contract Administrator and/or ordering agency a copy of the Contractor’s material cost, if requested, within ten (10) days of request.
All returns shall be picked up within seven (7) working days of notification. Notification is defined as notice in writing, by facsimile, or e-mail.
CREDIT POLICY
The Contractor shall offer a credit/refund for the following items:
• Items shipped in error
• Items that are returned within thirty (30) calendar days of delivery • Defective or freight-damaged items
In all cases, the ordering agency shall have the option of taking an exchange or receiving a credit, or receiving a refund.
The Contractor will be responsible for the credit or replacement of all products, including those covered by manufacturer warranties. The Contractor cannot require the ordering agency to deal directly with the manufacturer.
26 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 1
RESTOCKING FEES
The Contractor will not impose a restocking fee on the ordering agency for the following situations:
• Items returned that were damaged upon receipt
• Incorrect items shipped
• Items that are returned within thirty (30) calendar days of delivery • Items that are returned, but exchanged for other items within thirty (30) calendar days Re-stocking fees for all other reasons shall be 10 percent of the value of the items to be re-stocked.
The packaging and documentation provisions in accordance with Article 27, Return Policy, shall apply to re-stocked items.
The Contractor will not be required to accept returns more than sixty (60) days after delivery. The ordering agency will be responsible for return transportation costs to the Contractor if so accepted after sixty (60) days after delivery.
INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering agency.
Invoices will contain the following information:
• Contractor’s name, address and telephone number
• Leveraged Procurement Agreement Number (Contract Number) • Agency order number (purchase order number)
• Item and commodity code number
• Quantity purchased
• C ontract price and extension
• State sales and/or use tax
• Prompt payment discounts/cash discounts, if applicable • Totals for each order
PAYMENT
A. Terms
Payment terms for this contract are net forty-five (45) days. Cash Discount of $500 per unit for payment within twenty (20) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.
27 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 1
B. C AL-Card Use
Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.
C. State Financial Marketplace
State departments reserve the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State department and the State department will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.
D. Payee Data Record
Each State department’s accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the Contractor for copies of the Payee Data Record.
CALIFORNIA SELLER’S PERMIT
The California seller permit number for the Contractor is listed below. Ordering Agencies can verify that permits are currently valid at the following website: www.cdtfa.ca.gov.
State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2.
Contractor Name Seller Permit #
Folsom Lake Ford 26-797640
WARRANTY
The manufacturer’s regular new vehicle warranty shall apply to all vehicles procured against the resulting contract.
The warranty shall be factory authorized and shall cover not less than 3 years/36,000-mile bumper to bumper, no charge parts and labor. All emission-related components shall be warranted in compliance with the California Air Recourses Board (CARB) and Federal requirements. Bids offering independent insurance or a statement indicating self-insurance will be deemed non-responsive and will be rejected.
This warranty shall be honored by all franchised dealers of the vehicle within the State of California. The State’s established preventative maintenance procedures and practices shall be acceptable to the manufacturer/dealers in lieu of the manufacturer’s prescribed 28 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 1
procedures, which may form a part of the warranty. All warranty certificates and/or cards shall be supplied with each vehicle delivered.
If an additional extended warranty is purchased, a warranty certificate, warranty card, or a statement indicating the extended warranty has been recorded with the manufacturer shall be furnished with each vehicle delivered.
Normal wear items such as tires, belts, hoses, headlamps, light bulbs, brake linings, brake discs/drums, etc. are excluded from warranty coverage. All other items not subject to normal wear or gross operator neglect and abuse, such as window, seat or wiper motors, chassis electrical switches (door, trunk lid), paint, hinges, locks, etc., shall be covered.
The State reserves the right to use re-refined lubrication oils, where available, in lieu of the virgin equivalent oils. The re-refined oils used by the State will meet all API and SAE standards and specifications as set forth by the vehicle manufacturer. The use of said oils shall in no way void or degrade the original manufacturer’s minimum 3-year/36,000-mile warranty.
The State reserves the right to use recycled content antifreeze/coolant, where available, in lieu of virgin equivalent antifreeze/coolant, in servicing its vehicles. The recycled antifreeze/coolant used by the State will meet all ASTM standards and specifications as set forth by the vehicle manufacturer. The use of said recycled antifreeze/coolant shall in no way void or degrade the original manufacturer’s minimum 3-year/ 36,000-mile warranty.
“Manufacturer’s Warranty Policy and Procedures Manual” shall be made available upon customer request. The solicitation shall also require each awarded Bidder to designate by name, a responsible contact and alternate assigned for the duration of the contract, who will resolve State warranty-related claims on a priority basis.
Note: Vehicles not placed in service immediately upon receipt shall be warranted from the date the unit is placed in service. The receiving agency shall notify the dealer in writing of the actual “in-service” date.
WARRANTY REPAIR PARTS
It shall be the responsibility of the Contractor to maintain an adequate stock of all regular and special parts to meet the continuing service and warranty repair parts needs of the State without undue delay. A special system shall be set up for expediting the procurement of back order items needed to repair an inoperative vehicle including a system to air freight parts at the Contractor’s expense when parts are not in stock in California parts depots.
Warranty replacement parts shall be available within three (3) working days after telephone notification.
RECYCLED CONTENT
There is no recycled content associated with this contract. 29 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 1
SB/DVBE PARTICIPATION
There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.
ATTACHMENTS
*Attachment A – Contract Pricing, Supplement 1*
Attachment B1, Specifications 2310-5644, dated 9/30/2021 Attachment B2, Specifications 2310-5712, dated 9/30/2021 30 8
EXHIBIT “C”
INSURANCE REQUIREMENTS
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
FOLSOM LAKE FORD FOR THE PURCHA SE OF SEVEN
FORD POLICE UTILITY INTERCEPTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Contractor hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Simi Valley, its Boards, Officers, Agents, Officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
31 9
Primary Coverage
For any claims related to this project/contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its Boards, Officers, Agents, Officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. H owever, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endors ements required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that the City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 32