City Council
Vacant, Mayor
Cody Bass, Mayor Pro Tem
Scott Robbins, Councilmember
David Jinkens, Councilmember
Keith Roberts, Councilmember
Mission of the City Council
We provide responsive and effective local
government by maintaining a safe, livable, and
well-managed city through smart investment,
reliable services, and thoughtful planning.
City of South Lake Tahoe
City Council
Meeting Agenda
Tuesday, October 21, 2025 at 5:30 pm
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are live-streamed on Channel 21, City website at www.cityofslt.us, YouTube at https://www.youtube.com/channel/UC3LYne8Ih-kTPLnnuyJW9SQ/live and via ZOOM at this link https://us02web.zoom.us/j/82620590584
A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the City’s Website at www.cityofslt.us, or by contacting the City Clerk's Office, (530) 542-6005 or [email protected] Providing Public Comment:
In Person: Every agenda for regular meetings provides an opportunity for members of the public to directly address the legislative body (City Council), on any item of public interest which is within the jurisdiction of the City Council during Public Communications. For items on the agenda or in connection with any item which the City Council will consider, the public is given the opportunity to comment before or during the City Council's consideration of the item [Government Code Section 54954.3(a)].
Remote Participation: If you are joining the meeting via ZOOM and would like to make a comment, press the "raise a hand" button. If you are joining the meeting via Channel 21 or live stream and would like to make a comment, please call (530) 542-6500. The Webinar ID is: 826 2059 0584. Press *9 to indicate a desire to make a comment. Press *6 to unmute your phone. The Clerk will call you by the last three digits of your phone number when it is your turn to speak. Note: The Mayor reserves the right to conduct the meeting with in-person public participation only, if there is a technology malfunction that precludes the use of remote public participation.
In Writing: Written comments received by 3 p.m. the day before the meeting will be distributed to City Council prior to the meeting. Written public comment regarding any item on this agenda may be sent to [email protected]. When emailing comments, identify the agenda item number in the subject line to which your comments relate. Any such comment that is a public record and is emailed to 1 1. Status of City Operations, City Council Re-Organization, City Council Boards & Commissions Appointment to Vacancies, and Process for Filling City Council Vacancy [email protected] or otherwise provided to a majority of the City Council before the meeting will be made available for public inspection during normal business hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting.
The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting.
Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].
Spanish Interpretations: The public may access Spanish interpretation using the ZOOM link listed on the front of the Agenda from an internet device (smartphone, laptop, tablet, home computer) with audio capabilities and selecting the Spanish language option. Persons without an internet device may attend the meeting in-person and a device will be provided while supplies last. Requests for interpreter services to offer public comment may be made by contacting the City Clerk.
Land Acknowledgement
Land Acknowledgement - The City of South Lake Tahoe acknowledges the lands we occupy today are the lands and home of the Wašíšiw, the people from here known today as the Washoe Tribe of Nevada and California, a sovereign nation. Since the beginning of time and for thousands of years before the arrival of any other people, the Washoe lived here and cared for this place, with values and intention that we can all learn from. On behalf of the City Council, I would like to acknowledge, thank, and honor the Indigenous Washoe Tribal Communities that are the past, present, and future stewards of the Lake Tahoe Basin.
Call to Order/Pledge of Allegiance
Roll Call
Closed Session Report
Regular-New Business
Requested Action / Suggested Motions: (1) Pass a Motion Selecting a Mayor and if necessary, a Mayor Pro-Tem for remainder of term 2025; (2) Pass a Motion appointing members to vacancies on Boards & Commissions for the remainder of term 2025; and (3) Pass a Motion either: (a) directing the City Clerk to solicit applications to fill the vacancy by appointment on City Council for the remainder of the term ending December 2026; or (b) directing the City Clerk to schedule a special election consolidated with El Dorado County on June 2, 2026, to fill the City Council vacancy for the remainder of the term ending December 2026.
Responsible Staff Member(s): Joseph D. Irvin, City Manager, Olga Tikhomirova, Director of Finance, and Susan Blankenship, City Clerk
Item 1- Executive Summary.pdf
01-Staff Report-City Operations, City Council Re-Organization, City Council Boards Commissions and Process to fill City Council vacancy.docx
02-2025 City Council Assignments 01 14 2025.pdf
03-Gov. Code sec. 36512.pdf
Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or 2 2. City Council Meeting Minutes
3. Fiscal Year 2025-2026 Appropriation Limit
4. Fiscal Year 2024-2025 Budgeted Funds Re-Appropriation
5. Purchase of Three Community Service Officer Vehicles from Champion Chevrolet and Related Equipment from Lehr
6. Acceptance of Grant from California State Parks for Police Boat Safety and Enforcement Equipment
questions posed. (Government Code Sections 54954.2)
City Commission Reports
Consent Agenda
Public Comment - This is the public's opportunity to speak on any topic listed on the Consent Agenda.
Comments shall be limited to three (3) minutes per item and six (6) minutes total per speaker.
The consent agenda consists of items of a repeating or routine nature considered under a single action.
Any Councilmember may have an item on the consent agenda removed and considered separately upon request.
Pass a Motion to adopt the Consent Agenda in one motion except as indicated at each item.
Requested Action / Suggested Motions: Pass a Motion approving the minutes from the September 23, 2025, City Council meeting.
Responsible Staff Member(s): Michelle Davis, Assistant City Clerk Item 2- Executive Summary.pdf
01-Meeting Minutes
Requested Action / Suggested Motions: Pass a Resolution establishing the Appropriation Limit for Fiscal Year 2025-2026 in compliance with Proposition 111 in the amount of $109,545,780.
Responsible Staff Member(s): Andrew Black, Financial Services Supervisor Item 3- Executive Summary.pdf
01-Staff Report - Appropriations Limit 2025-2026.
02-Resolution - 2025-2026 Appropriations Limit
03-Appropriations Limit 2025 2026 Worksheets
Requested Action / Suggested Motions: Pass a Motion to approve re-appropriation of Fiscal Year 2024-2025 budget for purchases and services with unfinished scope of work to Fiscal Year 2025- 2026.
Responsible Staff Member(s): Olga Tikhomirova, Director of Finance Item 4- Executive Summary.pdf
01-Staff Report Reappropriation FY25 Budget to FY26.docx 02-Carry Forward to FY26 tables.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing the purchase of three 2026 Chevrolet Silverado 4WD pickups from Champion Chevrolet, and authorizing purchase of related equipment through cooperative purchasing from a Placer County contract with Lehr per South Lake Tahoe City Code section 3.45.090, using existing budget appropriations up to $207,195.74.
Responsible Staff Member(s): Lt. Scott Crivelli
Item 5- Executive Summary.pdf
01-Staff Report - CSO Vehicle Purchases.docx
02 - CSO Silverado Spec Sheet.pdf
03 - CSO Silverados Planet Bid.pdf
04 - CSO Silverado Invoices - Champion Chevrolet.pdf
05 - 50115 Sales Quote - Lehr 55569.pdf
06 - Placer County Contract SCN107418 Lehr.pdf
3 7. Declaring Police K9 Ford F-150 1289 Surplus and Authorization to Sell to Mono County Sheriff’s Office
8. Sale of Surplus Property
9. Purchase Agreement with Cadence Team, Inc. for Networking and IT Equipment for the Multigenerational Recreation and Aquatic Center
10. Amendment to Agreement for Construction Management Services with SierraCon Inc.
Requested Action / Suggested Motions: Pass a Resolution accepting the Boating Safety and Enforcement Equipment (BSEE) grant from the California State Parks, Division of Boating and Waterways; authorizing the Mayor, or the Police Chief, to sign the grant agreement and each reimbursement claim; authorizing acceptance of grant funds awarded from the BSEE Grant in the amount up to $104,838.86 for the purchase and installation of two Mercury Verado 350 HP outboard motors to be outfitted on the Police Patrol Boat; and authorizing the budget of that amount into the current City’s budget in account #237 02110 effective October 21, 2025.
Responsible Staff Member(s): Lt. Russell Liles
Item 6- Executive Summary.pdf
01-Staff Report-Police Boat Grant Acceptance.docx
02-Resolution-Police_Boat_Grant_Acceptance10.15.25.docx 03-South Lake Award Letter.pdf
04-Police Boat Grant Agreement.pdf
Requested Action / Suggested Motions: Pass a Resolution declaring Police K9 vehicle 1289 surplus and authorizing the sale of vehicle to Mono County Sheriff's Office for the fair market value of $10,000.
Responsible Staff Member(s): Lt. Scott Crivelli
Item 7- Executive Summary.pdf
01-Staff Report - Sale of Surplus K-9 Vehicle.docx
02-Resolution - Sale of Surplus K9 Vehicle.docx
Requested Action / Suggested Motions: Pass a Resolution declaring certain vehicles and equipment as surplus and directing the sale of vehicles, equipment, and other City assets.
Responsible Staff Member(s): John Dickinson, Interim Director of Public Works, and Phil Harwood, Fleet Supervisor
Item 8- Executive Summary.pdf
01-Staff Report-Sale of Surplus Property.docx
02-Resolution-Sale of Surplus Property.docx
03- Exhibit A Surplus list 2025
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Purchase Agreement with Cadence Team, Inc. in the amount of $130,000 for the purchase & delivery of networking and IT equipment for the new Multigenerational Recreation and Aquatic Center.
Responsible Staff Member(s): Ricky Riddle, Construction Manager/Facilities Program Manager & Sebastian Knapp, IT Manager
Item 9- Executive Summeary.pdf
01-Staff Report - Contract with Cadence-IT.docx
02-Cadence Quote.pdf
03-Purchase Agreement Cadence.pdf
04-NASPO_Master_Agreement.pdf
05-NASPO_CA (1).docx
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment No. 4 to Professional Services Agreement with SierraCon Inc. for an additional $140,627.80 for a total not-to-exceed amount of $2,753,172.80 for added scope of services for the Multigenerational Recreation and Aquatics Center.
CEQA Determination: On January 18, 2022, City Council adopted an Initial Study/Mitigated 4 11. Ordinance Amending Vacation Home Rental Regulations to Remove 150-Foot Buffer and Make Other Changes (First Reading of Version 1 Establishing a Cap of 1,200 in Residential Areas, or Version 2 Prohibiting Adjacent Properties from Being Vacation Home Rentals)
12. City Council Resolution in opposition to CA Proposition 50 (Use of Legislative Congressional Redistricting Map Amendment)
13. Update on Discussions with Heavenly Resort on Annexation and Parking Negative Declaration (IS/MND) for the 56 Acre Master Plan and the Multigenerational Recreational and Aquatics Center (State Clearinghouse file #2021120206). This action is included within the scope of the IS/MND and no further environmental review is required under CEQA Guidelines section 15162.
Responsible Staff Member(s): Ricky Riddle, Construction Manager/Facilities Program Manager Item 10- Executive Summary.pdf
01-Staff Report - Amendment No. 4 Sierracon.docx
02 - Base Contract.pdf
03-Amendment1.pdf
04-Amendment2.pdf
05-Amendment3.docx
06-Amendment 4 to Agreement with Sierracon.pdf
Public Hearing
Requested Action / Suggested Motions: Pass a Motion holding a first reading (by title only) of Version 1 or Version 2 of an Ordinance Amending Article V (Vacation Home Rentals) of Chapter
3.50 (Transient Lodging) and Table 2.35.070 (Appealable Actions and Matters) of the South Lake Tahoe City Code, and refer second reading and adoption to November 4, 2025.
CEQA Determination: This action is categorically exempt under CEQA Guidelines section 15061(b) (3) because it can be seen with certainty that there is no possibility of a significant impact on the environment, and under CEQA Guidelines section 15308 (amending a regulatory process to protect the environment).
Responsible Staff Member(s): Heather Stroud, City Attorney Item 10- Executive Summary.pdf
01 - Staff Report - VHR Ordinance Amendments.docx
02 - Ordinance - VHR Amendments Version 1.docx
04 - VHR Ordinance Redline V1.pdf
05 - VHR Ordinance Redline V2.pdf
06 - Appeal Hearings 2.35 Redline.pdf
07 - Memo to Planning Commission.pdf
08 - Public Notice - VHR Ordinance PH First Reading.pdf Ordinance - VHR_Amendments 10 21 25 VERSION 2.docx
Regular-New Business
Requested Action / Suggested Motions: Consider passing a Resolution stating City Council opposition to Proposition 50.
Responsible Staff Member(s): Joseph D. Irvin, City Manager Item 12- Executive Summary.pdf
01-Staff Report - Resolution in opposition to California Proposition 50.docx 02-Proposition 50 Text
03-Congressional District comparison maps
04-Resolution
Requested Action / Suggested Motions: Pass a Motion providing direction to staff on whether to continue to pursue the Heavenly area annexation and whether to negotiate an agreement to allow use of street parking for employees and guests of Heavenly Resort.
Responsible Staff Member(s): Hilary Roverud, Assistant City Manager 5 14. Agenda Planning Calendar
Item 13- Executive Summary.pdf
01-Staff_Report_Heavenly_Discussions
02-Heavenly Proposed Parking Areas
03-Resolution 2024-059 Parking Restrictions in Heavenly Neighborhood.pdf Agenda Planning Calendar
Requested Action / Suggested Motions: Identify, with consent of at least two Council Members, any desired future agenda items, and/or modify the Agenda Planning Calendar as desired.
Responsible Staff Member(s): Joseph Irvin, City Manager, and Susan Blankenship, City Clerk Item 14- Executive Summary.pdf
APC - 10 16 2025.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions
Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday October 21, 2025, City Council meeting was posted and available for review on Thursday, October 16, 2025, at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City's website at https://www.cityofslt.us.
Signed October 16, 2025
\\sb\\ Susan Blankenship, Elected City Clerk
6 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: October 21, 2025
Agenda Item #:1
Agenda Item: Status of City Operations, City Council Re-Organization, City Council Boards & Commissions Appointment to Vacancies, and Process for Filling City Council Vacancy Executive Summary: This agenda item is being presented to the City Council for their consideration and to present them with the opportunity to discuss City governance and fill voids from Ms. Wallace’s vacated council seat. Over the last few weeks the City has received questions from the public about the status of city operations and finances and staff is taking the opportunity to present this agenda item to the City Council for their consideration and potential action. The City continues to operate smoothly, transparently, and in accordance with state law.
Requested Action / Suggested Motions: (1) Pass a Motion Selecting a Mayor and if necessary, a Mayor Pro-Tem for remainder of term 2025; (2) Pass a Motion appointing members to vacancies on Boards & Commissions for the remainder of term 2025; and (3) Pass a Motion either: (a) directing the City Clerk to solicit applications to fill the vacancy by appointment on City Council for the remainder of the term ending December 2026; or (b) directing the City Clerk to schedule a special election consolidated with El Dorado County on June 2, 2026, to fill the City Council vacancy for the remainder of the term ending December 2026.
Responsible Staff Member: Joseph D. Irvin, City Manager, Olga Tikhomirova, Director of Finance, and Susan Blankenship, City Clerk
Reviewed and Approved By: Heather Stroud, City Attorney Attachments:
01-Staff Report-City Operations, City Council Re-Organization, City Council Boards Commissions and Process to fill City Council vacancy.docx
02-2025 City Council Assignments 01 14 2025.pdf
03-Gov. Code sec. 36512.pdf
7 Council Agenda Report- October 21, 2025 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: October 21, 2025
Title: Status of City Operations, City Council Re-Organization, Board & Commissions Appointment to Vacancies, Process for Filling City Council Vacancy Location: Citywide
Responsible Staff Members: Joseph Irvin, City Manager, Olga Tikhomirova, Director of Finance, and Susan Blankenship, City Clerk
Background: On October 13, 2025, former Mayor Tamara Wallace submitted her resignation to the City Clerk, effective immediately. This created a vacancy on City Council under Government Code section 1770(c).
Pursuant to Government Code section 36512(b), “If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy.” If the City Council opts to fill the vacancy by appointment, then interviews will be conducted by the City Council at the November 18, 2025. meeting. If City Council directs that the vacancy be filled by special election, the election would be held with the primary election on June 2, 2026, as required by Government Code section 36512(b)(1). In either case, the replacement councilmember would serve the remainder of the term, until new councilmembers are sworn in following the November 2026 election.
There exists a vacant Mayor position on Council and open positions on City Council Assignments:
California Tahoe Conservancy, City Selection Committee, El Dorado LAFCO, El Dorado Countywide Oversight Board, California Tahoe Emergency Services Operations Authority (Cal Tahoe JPA), Clean Tahoe Program, Park Avenue Development Project Plaza Maintenance Association (PADMA), Tahoe Prosperity Center, and Finance Subcommittee.
Issue and Discussion: Following the former Mayor’s disclosure of embezzlement from her place of employment, the City has received questions about the status of city operations and finances.
Status of City Operations
Throughout the last two weeks the city staff have remained compassionate while also recognizing that our responsibility as public servants continues uninterrupted. I’d like to be very clear: the City of South Lake Tahoe is stable, operational, and financially sound. There has been no impact whatsoever to City funds or finances. The matter involving Ms. Wallace is related to her private employment, not the city. Our financial systems are strong and transparent. City operations have remained consistent and positive progress continues on efforts related to providing core city 8 Council Agenda Report- October 21, 2025 Page 2 of 3
services and on implementing capital projects. Obviously, there have been increased efforts on public relation matters, but our staff is professional and competent in ensuring we remain transparent on all matters related to media and public requests for information. This agenda item is being presented to the City Council for their consideration and to present them with the opportunity to discuss and fill voids from Ms. Wallace’s vacated council seat. Regardless of their decision, the City will continue to operate smoothly, transparently, and in accordance with state law.
City Audit and Audited Financial Statements
The City undergoes an independent financial audit every year, as required by state law (California Government Code Section 26909) and sound financial management practices. The audit is conducted by an independent, certified public accounting firm with expertise in governmental financial reporting. The firm is selected through a competitive process and operates separately from City staff or elected officials.
The audit ensures that the City's financial statements are accurate and comply with generally accepted accounting principles (GAAP). It also verifies that public funds are being properly accounted for and managed responsibly. All completed audits are posted on the City’s official website and are available for public review on the following webpage https://www.cityofslt.gov/ACFR.
The most recent audits have been conducted by Eide Bailly LLP. The Independent Auditor’s Report is included in the financial statements within the Financial Section of the report. For the fiscal year ending September 30, 2024, as in all prior years, the auditors have issued a clean (unmodified) opinion, stating that the basic financial statements present fairly, in all material respects, the financial position of the City of South Lake Tahoe as of that date.
An unmodified opinion is the highest level of assurance an independent auditor can provide and is the expected outcome. The opinion covers the financial position of the governmental activities, business-type activities, each major fund, the aggregate remaining funds, the respective changes in the financial position and cash flows, where applicable, the related notes, and the respective budgetary comparisons listed as part of the basic financial statements for the year then ended, in conformity with accounting principles generally accepted in the United States of America. The City invites you to review the reports and appreciates your interest in understanding the City’s financial stewardship.
Filling City Council Vacancy
City Council may pass a motion selecting a Mayor and if necessary, a Mayor Pro Tem to serve until December 9, 2025, when a new Mayor and Mayor Pro Tem will be selected consistent with City Code section 2.05.050 and City Council Protocols.
City Council may pass a motion selecting members to fill assignments to the California Tahoe Conservancy, City Selection Committee, LAFCO, El Dorado Countywide Oversight Board, Cal Tahoe JPA, Clean Tahoe Program, PADMA, Tahoe Prosperity Center, and the Finance Subcommittee. These assignments would be in place until City Council makes assignments for 2026 at its meeting on December 9, 2025.
9 Council Agenda Report- October 21, 2025 Page 3 of 3
City Council may pass a motion directing the City Clerk to solicit applications to fill the vacancy on City Council by appointment or direct the City Clerk to hold a special election consolidated with El Dorado County for the June 2, 2026, primary election.
Financial Implications: The cost for City Council Compensation for this limited appointment will come from existing City Council Budget. The cost to hold a special election is estimated at $19,000.
Environmental Considerations: This action is not a project requiring environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(5) (organizational or administrative activities that will not result in a direct or indirect physical change in the environment).
Policy Implications: The selection of Mayor and if necessary, a Mayor Pro Tem and members to fill City Council Appointments conforms to City Council Protocols. The filling of a vacancy on City Council by appointment or by special election conforms to Government Code section 36512(b).
10 1 Revised 1/14/20245
2025 City Council Assignments
Set forth by statute:
Board Contact/ Phone Mtg. Schedule/ Place Requirement 2025 Assignment
California Tahoe
Conservancy
Mike Steeves (530) 543-6023
[email protected]
4-6 Meetings per year;
third Thursday every
other month; Alternate
South Shore and North
Shore
Voting Board Member
G.C. Sec. 66906.1
Wallace
Alt: Robbins
Staff Support:
HR
ZT
City Selection
Committee
EDC Board of Supervisors
Kim Dawson
(530) 621-5393
[email protected]
As needed
Placerville/TBA
Mayor
G.C. 50270
Wallace
Staff Support:
JI
El Dorado Local
Agency
Formation
Commission
(LAFCO)
Shiva Frentzen
(530) 295-2707
[email protected]
Erica Sanchez
Assistant Exec Officer
[email protected]
(530) 295-2707
Fourth Wednesday
every month; 5:30 p.m.
Placerville Apr-Oct CC
Rep participate via
conference call from
Council Chambers for
months of Nov – Mar
Appointment by City
Selection Committee
Appointee (Mayor)
G.C. 56325-56337
2-year term
Wallace
Alt: Bass
Staff Support:
JI
HS
El Dorado
Countywide
Oversight Board
Susan Blankenship, City Clerk
[email protected]
(530) 542-6005
As needed, general
once a year in January
or February
Appointed by the City
Selection Committee
G.C. 50270
HSC 34179(j)
Wallace
Staff Support:
OT
Tahoe Regional
Planning Agency
Governing Board
----------------
Advisory Planning
Comm
Marja Ambler
(775) 588-4547 x 287
[email protected]
GB Meetings meet
fourth Wednesday
every month; all day
Alternate South Shore
and North Shore
Voting Board Member
G.C. 66800-66801
Term expires 12/2026
Bass
Alt:
Jinkens
Staff Support:
HR
ZT
Robert
Erlich
Tahoe Transportation
District
Judi Allen
(775) 589-5502
[email protected]
First Wednesday of
every month; Alternate
South Shore and North
Shore
Voting Board Member
+Alternate
G.C. 66800-66801
Robbins
Alt: Bass
Staff Support:
HR
JI
South Tahoe Transit
Joint Powers
Authority
Hilary Roverud, Assistant City
Manager 530-542-6024
[email protected]
Meets Monthly as
needed City Council
Chambers, South Lake
Tahoe
2 Voting Members +
Alt from City Council
I Voting Member
District V BOS
C-262-2024
Bass
Roberts
Alt: Robbins
Staff Support:
JI, HR
11 2 Revised 12/10/2024
2025 City Council Assignments
Set Forth by Agreement/Joint Powers Agreement/Resolution/Bylaws and/or Past Practice:
Board Contact/ Phone Mtg. Schedule/ Place Requirement 2025 Assignment
JPA - Abandoned
Vehicle Abatement-
(530) 542-6135
(PD-Code Enforcement)
Myriam Cocoletzi
530-542-6136
[email protected]
Required to Hold an
Annual Meeting
Time/Place TBA
Voting Board Member
Must be Elected
Councilmember Agmt
C-68-91
Jinkens
Staff Support:
DS
JPA - Cal Tahoe
(California Tahoe Emergency
Services Operations Authority)
Ryan Wagoner, Executive Director
[email protected]
Kayla Galvan, Office Administrator
[email protected]
www.ctesoa.org
Quarterly; Time/Place
TBA
2 Council Appointees
Agmt C-18-10
(1/26/10)
Wallace
Roberts
Alt:Bass
Staff Support:
JD
Clean Tahoe Program Katie Sheehan Third Thursday of the Two Voting Board Wallace 530 544-4210 Month in the City Members Roberts
[email protected] Council Chambers; (Councilmember and Staff Support:
Designee) AN
Clean Tahoe Bylaws HR
El Dorado County
Commission on Aging
Yasmin Hichborn
(530) 642-4833
[email protected]
Third Thursday Every
Month; Rotates Location
Within EDC/TBA;
Council Appointee John Messina
Staff Support:
JS and JI
League of CA Cities-Sac
Valley Division
Charles Anderson
(916) 798-2231
[email protected]
Quarterly Division
Meetings; Annual
Meetings Time/Place
TBA
Council Appointee
(Past Practice =
Mayor)
Jinkens
Staff Support:
JI
SB
PADMA Lew Feldman Every other Month 2 Council Appointees Wallace Park Avenue Development
Project Plaza Maintenance
Association
(775) 580-7431
[email protected]
Marriott Grand
Residence
Agmt R-11-00
PADMA Bylaws
Bass
Alt: CM or CA
Staff Support:
JI
HS
South Lake Tahoe
Recreation Facilities
JPA
Bruce Eisner
(530) 545-9905
[email protected]
Shall Hold at Least One
Annual Meeting Each
Year; Time/Place TBA
Board Member Agmt
C-17-00
Robbins
Staff Support:
JS and JI
Community Play
Consortium JPA
Jeff DeFranco
[email protected]
3 times per year Council Appointee
JPA Agreement
C-94-2015
City Manager
Irvin
(530) 541-4660 X 210 Staff Support:
OT
JPA -South Lake Tahoe
Basin Waste
Management AuthorityJeffrey Warren
(530) 621-7628
[email protected]
Shall Hold at Least One
Annual Meeting Each
Year; Time/Place TBA
Voting Board
Member-Must be a
Councilmember &
Alternate
Agmt C-25-97
Roberts
Alt: Bass
Staff Support:
AN & SL
12 3 Revised 12/10/2024
Tahoe Prosperity Center Heidi Hill Drum,
(775) 298-0265 (office)
[email protected]
January, April, July,
December
Council Liaison Wallace
Staff Support:
JI
HR
Lake Tahoe Visitor’s
Authority Board
Visit Lake Tahoe
Carol Chaplin [email protected]
(775) 588-5900 x302
Sue Barton (775) 589-2934
[email protected]
Morgan Kern (775) 589-2052
[email protected]
Second Thursday of each
month, 3 p.m.
75 US-50, Stateline, NV
89449
Voting Member
New LTVA Bylaws
Requested from Ms.
Chaplin 12 22 20
Bass
Staff Support:
JI
HR
El Dorado Community
Action Council
(CAC)
Rebecca Johnson
(530) 621-6255
[email protected]
4th Wednesday of each
month at 10:00 a.m.
Council Appointee Alberto
Manfredi
Staff Support
JI
Non-Voting:
2025 City Council Assignments
Board Contact/ Phone Mtg. Schedule/ Place Requirement 2025 Assignments
Tahoe Chamber of Cristi Creegan, CEO Third Thursday of each Council Liaison – Roberts Commerce 775-588-1728 Month; Non-Voting Staff Support:
tahoechamber.org [email protected] 8 a.m./Place TBA (Past Practice) JI HR
South Lake Tahoe Lodging Rich Bodine Second Thursday of each Council Liaison – Roberts Association (530) 543-6515 Month Time/Place TBA Non-Voting (Past Staff Support:
[email protected] Practice) JI
HR
South Tahoe Chamber of Amanda Adams, President Fourth Tuesday of each Council Liaison – VACANT Commerce (530) 721-0243 month Non-Voting Staff Support:
[email protected] (Past Practice) JI
HR
El Dorado County
Transportation Commission
Woodrow Deloria
(530) 642-5265
[email protected]
[email protected]
First Thursday of most
months 2:00 PM in the
EDC Supervisors’
Council Liaison
Non Voting
Bass
Alt. Robbins
Staff Support:
Chambers 330 Fair Lane, HR and JI
Placerville
2025 City Council Appointments to Subcommittees
Name of Committee City Council Appointees (2)
Finance Subcommittee Wallace
Robbins
Staff Support: OT & JI
13 4 Revised 12/10/2024 14
State of California
GOVERNMENT CODE
Section 36512
36512. (a) If a vacancy occurs in an appointive office provided for in this chapter, the council shall fill the vacancy by appointment. A person appointed to fill a vacancy holds office for the unexpired term of the former incumbent. (b) If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. (1) If the council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent.
(2) If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following:
(A) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.
(B) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.
(c) Notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance that does any of the following:
(1) Requires that a special election be called immediately to fill every city council vacancy and the office of mayor designated pursuant to Section 34902. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. (2) Requires that a special election be held to fill a city council vacancy and the office of mayor designated pursuant to Section 34902 when petitions bearing a specified number of verified signatures are filed. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the filing of the petition. A governing body that has enacted such an ordinance may also call a special election pursuant to subdivision (b) without waiting for the filing of a petition.
37415
(3) Provides that a person appointed to fill a vacancy on the city council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. The special election may be held on the date of the next regularly established election or regularly scheduled municipal election to be held throughout the city not less than 114 days from the call of the special election. (d) (1) Notwithstanding subdivision (b) and Section 34902, an appointment shall not be made to fill a vacancy on a city council if the appointment would result in a majority of the members serving on the council having been appointed. The vacancy shall be filled in the manner provided by this subdivision. (2) The city council may call an election to fill the vacancy, to be held on the next regularly established election date not less than 114 days after the call. (3) If the city council does not call an election pursuant to paragraph (2), the vacancy shall be filled at the next regularly established election date. (e) (1) If the city council of a city that elects city council members by or from districts elects to fill a vacancy on the city council by appointment as a result of a city council member resigning from office, the resigning city council member may cast a vote on the appointment if the resignation will go into effect upon the appointment of a successor. A city council member shall not cast a vote for a family member or any other person with whom the city council member has a relationship that may create a potential conflict of interest.
(2) If a city council member elects to cast a vote under this subdivision, the city council member shall be prohibited from the following actions for a period of two years after the appointment of a successor:
(A) Advocating on any measure or issue coming before the city council in which the city council member may have a personal benefit.
(B) Entering into a contract of any kind with the city or a city vendor. (C) Accepting a position of employment with the city or a city vendor. (D) Applying for a permit that is subject to the approval of the city council. (3) This subdivision shall not apply to any city council member who is resigning from the city council due to charges of, or conviction for, corruption or criminal behavior, or who is subject to a recall election.
(Amended by Stats. 2015, Ch. 185, Sec. 1. (AB 952) Effective January 1, 2016.) 37516
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: October 21, 2025
Agenda Item #:2
Agenda Item: City Council Meeting Minutes
Executive Summary: City Council are asked to formally approve the Minutes of the September 23, 2025, meeting.
Requested Action / Suggested Motions: Pass a Motion approving the minutes from the September 23, 2025, City Council meeting.
Responsible Staff Member: Michelle Davis, Assistant City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
09 23 2025 City Council Meeting Minutes.pdf
17 City of South Lake Tahoe
City Council Meeting Minutes
Tuesday, September 23, 2025, at 5:30 p.m.
City Hall - Council Chambers – 1901 Lisa Maloff Way, South Lake Tahoe NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council.
Complete Council member discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us
Land Acknowledgment
Mayor Pro Tem Bass read the Washoe Tribe of Nevada and California Land Acknowledgement.
Call to Order/Pledge of Allegiance
Mayor Pro Tem Bass called the meeting to order at 5:31 p.m., then led the pledge of allegiance.
Roll Call
Present were Mayor Pro Tem Bass, and Councilmembers Robbins, Jinkens and Roberts.
Mayor Wallace was absent.
Also present were City Manager Irvin, City Attorney Stroud, and City Clerk Blankenship.
Closed Session Update from the August 12, 2025 Meeting
1. Conference with Legal Counsel – Existing Litigation – Government Code section 54956.9(d)(1) Kyle Printz v. City of South Lake Tahoe, Workers’ Compensation Appeals Board Case Nos. ADJ16686341 and ADJ18748809.
Action: This case was settled by compromise and release for the amount of $200,000.
Proclamations
1. Proclamation Recognizing October 5-11, 2025, as "Fire Prevention Week" Action: Issued a Proclamation to the City of South Lake Tahoe Fire Rescue recognizing October 5-11, 2025, as “Fire Prevention Week” 18 Public Communications
General Public Comment was heard from the following people:
1. Ann Bryant, Bear League- Response to bear calls *written material distributed
2. José Prez- Support of immigrant workforce
3. Melissa Soderston- Bear protection
4. John Messina- Bear hazing not the answer
5. Duane Wallace, South Tahoe Chamber of Commerce- Opposition to Prop 50
6. Scott Loberg- Need for reports when Council Members attend trainings, Lakeview Commons art
7. Angie Reagan- Thank you for City events, elderly support, city-wide safety, and kindness in the community
8. Deena Rojas- antisemitic comment made during Council meeting
9. Erick Asbury- Protection of bears, City Council Closed Sessions, trail safety
Presentations
2. Presentations from the Tahoe Regional Planning Agency (TRPA) on Tahoe Living (Housing) Strategic Priority and Transportation Mobility Mitigation Fee Action: None.
The following person addressed the Council:
1. John Hester, Tahoe Regional Plannning Agency
Public Comment was heard from the following people:
1. Ed Mosur
2. Scott Loberg
City Commission Reports
None.
Consent Agenda.
Action: Moved/Seconded: Roberts/Jinkens
Yes: Bass, Robbins, Jinkens, Roberts
Absent: Wallace
Action: Passed the consent agenda.
3. City Council Meeting Minutes
Action: Passed Motion 2025-086 approving the minutes from the September 9, 2025, City Council meeting.
4. Bellamy Parking Garage PARCS-APGS system - Ratification of Contract Change Orders 1-6 with Ample Electric
Action: Passed Motion 2025-087 ratifying six Bellamy Parking Garage Improvements Phase II Contract Change Orders in the amount of $21,912.97 (within the approved 10% contingency), for a total Contract value of $340,953.24.
5. Update Organizational Authorized Agent for California Office of Emergency Services (Cal OES) Law Enforcement Specialized Unit Grant
Action: Pass Resolution 2025-080 updating Organizational Authorized Agent to The Chief of Police as the authorized signatory for the City of South Lake Tahoe for the current and future Law Enforcement Specialized Unit Grant Subawards related to domestic violence through the California Office of Emergency Services (CalOES).
19 6. Purchase of Two Parking Ambassador Vehicles from Champion Chevrolet and Related Equipment from Lehr
Action: Passed Motion 2025-088 authorizing the purchase of two 2025 Chevrolet Silverado 4WD pickups from Champion Chevrolet (C-207-2025), and authorizing purchase of related equipment through cooperative purchasing from a Placer County contract with Lehr per South Lake Tahoe City Code section 3.45.090, using existing budget appropriations up to $85,826.16.
Public Comment was heard from the following people:
2. Ed Mosur
3. Scott Loberg
7. Participation in National Opioid Litigation Settlements with Purdue and Secondary Manufacturers and Appropriation of Settlement Funds
Action: Passed Resolution 2025-081 Approving Participation in National Opioid Litigation Settlement with Purdue and the Sackler Family (C-208-2025), and Litigation Settlements with Secondary Opioid Manufacturers Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun and Zydus, and Accepting and Appropriating Settlement Funds.
8. Agreement with CDM Smith, Inc. for US 50/89 Multimodal Mainstreet Corridor Plan Action: Passed Motion 2025-089 authorizing and directing the Mayor to execute the agreement with CDM Smith, Inc.(C-209-2025) for architectural and engineering services to develop the US 50/89 Multimodal Mainstreet Corridor Plan for a not to exceed amount of $474,946.27.
Public Comment was heard from the following people:
1. Dan May
2. Ed Mosur
3. John Messina
4. Melissa Soderson
9. Agreement with Engineering Solution Services for Grant Identification and Writing Services Action: Passed Motion 2025-090 authorizing and directing the Mayor Pro Tem to execute the Professional Services Agreement with Engineering Solution Services (C-210-2025) for Grant Identification and Writing Services for a not to exceed amount of $95,000.
10. Amendment No. 2 to Agreement with Trella Tahoe, Inc. for Snow Removal Operations Action: Passed Motion 2025-091 authorizing and directing the Mayor to execute Amendment No. 2 to Agreement with Trella Tahoe, Inc. (C-211-2025) for snow removal services at the Airport, Fire Department, Police Department, Fire Rescue Facility, and sidewalks not maintained by City Park forces, plus on-call service as needed for a term of November 1, 2025 to April 30, 2026 in an amount not to exceed $441,916.00.
11. Amendment No. 2 to Agreement with Building Services of CA and NV, LLC, for Custodial Services for Bellamy Garage and City Hall/Airport Terminal Action: Passed Motion 2025-092 authorizing and directing the Mayor to execute Amendment No. 2 to Agreement with Building Services of CA and NV, LLC (dba Sunwest) (C-212-2025), for Custodial Services for Bellamy Garage and City Hall/Airport Terminal, extending the Agreement for one year for an amount not to exceed $ 111,772.00, including $5,000.00 contingency.
12. Professional Service Agreement with CREDE Construction Advisory, LLC for On-call Labor Compliance Specialist Services
Action: Passed Motion 2025-093 authorizing and directing the Mayor Pro Tem to execute the Professional Services Agreement with CREDE Construction Advisory, LLC for on-call labor compliance consulting services for a not to exceed amount of $400,000. 20 13. Professional Service Agreement with Eastern Sierra Engineering for On-call Inspection and Materials Testing
Action: Passed Motion 2025-094 authorizing and directing the Mayor to execute the Professional Services Agreement with Eastern Sierra Engineering for on-call materials testing and inspection services in an amount not to exceed $400,000.
14. Medical Insurance Side Letters with Police Officers' Association, Police Employees’ Association, Police Supervisors' Committee, Firefighters’ Association, Local 39 Administrative and Confidential, Local 39 General & Public Works, and Unrepresented Employees
Action: (1) Passed Resolution 2025-082 authorizing and directing the Mayor to execute Side Letters to the Memoranda of Understanding with the Police Officers' Association, Police Employees' Association, Police Supervisors' Committee, Firefighters' Association, Local 39 Administrative and Confidential, Local 39 General & Public Works (C-215-2025); and (2) Passed Resolution 2025-083 approving amendment to 2023-2026 Unrepresented Employees Compensation and Benefit Package.
Regular- Unfinished Business
15. Funding Agreement with the South Shore Transportation Management Association Action: Moved/Seconded: Bass/Jinkens
Yes: Bass, Robbins, Jinkens, Roberts
Absent: Wallace
Action: Passed Motion 2025-095 authorizing and directing the Mayor to execute a Funding Agreement with the South Shore Transportation Management Association (SS/TMA) for an amount of $650,000 (Fiscal Year 25/26, October 1, 2025 - September 30, 2026) for the operation of microtransit service; and that the City would commit an additional $200,000 if the MPO or TRPA will commit TDA funds or SB 125 funds for microtransit expansion to the “Y”. The City will also require that the MPO list this $850,000 as local transit contribution to the regional transit system.
Public Comment was heard from the following people:
1. Scott Loberg
2. Jim Marino, Tahoe Transportation District
3. Ed Mosur
4. Christ Proctor, South Shore Transportation Management Association
5. Erick Asbury
16. Policy Regarding Disposition of Tahoe Regional Planning Agency (TRPA) Development Commodities Owned by the City of South Lake Tahoe
Action: Moved/Seconded: Bass/Roberts
Yes: Bass, Robbins, Jinkens, Roberts
Absent: Wallace
Action: Passed Resolution 2025-083 amending the policy regarding disposition of Tahoe Regional Planning Agency (TRPA) development commodities owned by the City of South Lake Tahoe to modify disposition to commercial/industrial projects.
Public Comment was heard from the following people:
1. Scott Loberg
2. Ed Mosur
3. Duane Wallace, South Tahoe Chamber of Commerce
21 17. Grow and Diversify the Economy - Strategic Plan Priority Update Action: Moved/Seconded: Jinkens/Roberts
Yes: Bass, Robbins, Jinkens, Roberts
Absent: Wallace
Action: Passed Motion 2025-096 directing staff to continue business outreach efforts (including the Lake Tahoe Community College), initiate the General Plan Economic Development Update process, continue efforts to reduce regulatory barriers to business investment, develop industry social media campaigns, and explore options to fund a facade/property improvement grant program and/or pre-development loan program; and to bring back an update in 60 days.
Public Comment was heard from the following people:
1. Scott Loberg
2. Ed Mosur
Note: City Council passed a Motion to continue the meeting past 10:00 p.m. (Bass/Jinkens 4-0) Regular- New Business
18. Consideration of Paving Priority – James & Eloise Neighborhood vs. Johnson Boulevard Action: Moved/Seconded: Bass/Robbins
Yes: Bass, Robbins, Jinkens, Roberts
Absent: Wallace
Action: Passed Motion 2025-097 prioritizing paving in Eloise, Dunlap, Johnson Boulevard, and Patricia Avenue as the fourth option.
Public Comment was heard from the following people:
1. Ed Mosur
2. Scott Loberg
Written Public Comment was received from the following people:
1. Parton
Agenda Planning Calendar
19. Agenda Planning Calendar
Action: Received and filed.
Updates and Announcements (City Attorney, City Clerk, City Manager) City Manager Irvin
1. Upcoming Cal Cities Conference
Clerk Blankenship
1. Proclamation request from Tahoe Youth and Family Services recognizing October as “Youth Hope Month”. (Council provided consensus to bring this item forward).
Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions
Councilmember Jinkens
1. Request for a discussion item on Transit JPA funding from El Dorado County (Robbins seconded).
2. Request for presentation from John Stewart Co. regarding affordable housing criteria (Robbins seconded).
Councilmember Roberts
1. Request for discussion item on Eloise bike path enhancements (Jinkens seconded). 22 Councilmember Robbins
1. Request for “STACS” type response to be included in the upcoming bear discussion agenda item. (Jinkens seconded).
2. Request for a Rosh Hashanah Proclamation (Jinkens seconded).
Note: City Clerk Blankenship requested Council member Robbins to identify an organization to accept this proclamation in order for it to come forward.
Adjournment
Mayor Pro Tem Bass adjourned the Meeting at 11:01 p.m.
Date:
Mayor
Attest:
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
23 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: October 21, 2025
Agenda Item #:3
Agenda Item: Fiscal Year 2025-2026 Appropriation Limit
Executive Summary: The attached resolution fulfills State requirements that limit the amount of annual appropriations by the City. Proposition 4 passed in 1979 and Proposition 111 passed in 1990, known as the Gann Initiative, established a restriction on the amount of tax revenue that can be appropriated in any fiscal year. The limit is based on actual appropriations during the 1978-79 fiscal year (base year), and is allowed to increase each year based upon the calculation using a percentage change in population as of January 1 of each year in conjunction with a change in the cost of living from previous fiscal year. The fiscal year 2025-2026 appropriations limit is $109,545,780. The City’s FY 2025-2026 appropriation subject to the limit from proceeds of taxes is $56,724,616. Therefore, the City’s appropriation is under the legal limit by $52,821,164.
Requested Action / Suggested Motions: Pass a Resolution establishing the Appropriation Limit for Fiscal Year 2025-2026 in compliance with Proposition 111 in the amount of $109,545,780.
Responsible Staff Member: Andrew Black, Financial Services Supervisor Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Appropriations Limit 2025-2026.
02-Resolution - 2025-2026 Appropriations Limit
03-Appropriations Limit 2025 2026 Worksheets
24 Council Agenda Report October 21, 2025 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: October 21, 2025
Title: Fiscal Year 2025-2026 Appropriation Limit
Location: Citywide
Responsible Staff Member: Andrew Black, Financial Services Supervisor (530) 542-6016 Background: Proposition 4 passed in 1979 and Proposition 111 passed in 1990, known as the Gann Initiative, created a restriction on the amount of revenue which can be appropriated in any fiscal year. The limit is based on actual appropriations during the 1978-79 fiscal year (base year) and is allowed to increase each year based upon the calculation using a percentage change in population as of January 1 of each year in conjunction with a change in the cost of living from previous fiscal year.
Issue and Discussion: Population estimates by the State Department of Finance as of January 1, 2025 indicate -0.05 percent change in the City and 0.08 percent change County-wide (Worksheet 5B). The per capita personal income (cost of living factor) changed by a ratio of
1.0644 from fiscal year 2024-2025. Only revenues referred to as “proceeds of taxes” are restricted by the limit. Proceeds of taxes for fiscal year 2025-2026 are calculated at $58,210,633 (Worksheet 2).
Financial Implications: The fiscal year 2025-2026 appropriations limit is $109,545,780 (Worksheet 4). The City’s appropriation subject to the limit from proceeds of taxes is $56,724,616. Therefore, the City’s appropriation is under the legal limit by $52,821,164.
Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies)
Policy Implications: Consistent with City’s Financial Policies 25 Resolution 2025-XXX October 21, 2025 Page 1 of 2
Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
October 21, 2025
Establishing the Appropriations Limit for the Fiscal Year 2025-2026 in Compliance with Proposition 111 in the Amount of $109,545,780
BACKGROUND
A. Article XIIIB of the California Constitution and Section 7910 of the Government Code of the State of California provide that the governing body of each jurisdiction shall by resolution establish its appropriation limit for the following fiscal year.
B. Proposition 111 approved in November 1990 now requires that the limit be calculated using new growth factors.
C. The City Council has reviewed the appropriate growth factors and does hereby choose the population growth within El Dorado County to better reflect the average daily population.
D. The City Council has reviewed the appropriate cost of living factors and does hereby choose the per capita personal income factor.
E. Documentation used in determination of the appropriations limit has been available to the public since October 3, 2025, in the Accounting Division, meeting the required fifteen (15) day period for public inspection as required by law.
F. The City Council of the City of South Lake Tahoe now desires to adopt said appropriations limit.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Hereby declares that the appropriations limit for the Fiscal Year 2025-2026 in compliance with Proposition 111 is established in the amount of $109,545,780.
Adopted by the City of South Lake Tahoe City Council on October 21, 2025 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Mayor
26 Resolution 2025-XXX October 21, 2025 Page 2 of 2
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
27 DIVISION
USER FEES REVENUE REVENUE EXPENSE
BUDGET TOTAL BUDGET
10001730-34180 COPY CHARGES 50
10001840-34032 IS SERVICES 70,000
TOTAL ACCOUNTING 70,050 2,151,053
10003110-34180 COPY CHARGES 50
10003210-32116 TRANSPORTATION 1,500
10003210-32120 ENCROACHMENT 160,000
10003210-32118 OBSTRUCTION 800
10003210-34135 PARCEL MERGE 6,000
10003210-34150 ENGINEERING INPECTIONS 500
10003210-34155 PLAN CHECK 500
10002240-34230 FIRE PREVENTION SPECIAL INSPECTION FEES70,000 TOTAL ENGINEERING 239,350 2,629,181
10003710-34xxx PLANNING PERMITS 120,000
TOTAL PLANNING 120,000 749,078
10002210-34520 SERVICE CHARGES 100
10002220-34223 FIRE SUPPRESSION FEES 2,500
10002220-34260 EMS 0 Moved to 236-02262
10002220-36283 OVERTIME REIMBURS. 200,000
TOTAL FIRE DEPARTMENT 202,600 12,029,020
10002110-32114 POLICE PERMITS 300
10002110-34210 SPECIAL SVC 68,212
10002110-34211 PD INCIDENTAL 15,000
10002110-34213 BOOKING FEES 0
10002150-33206 POST 80,000
TOTAL POLICE 163,512 16,223,618
10004105-34xxx RECREATION ADMINISTRATION 0
10004110-34xxx GOLF COURSE 0
10004130-34xxx CAMPGROUND 520,000
10004170-34xxx PARK MAINTENANCE 67,500
10004220-34xxx RECREATION PROGRAMS 515,047
10004225-34xxx SPECIAL EVENTS 0
10004230-34xxx SENIOR CNTR 2,000
TOTAL PARKS & REC 1,104,547 6,445,944
Revenues Expenditures
TOTAL GENERAL FUND USER FEES 1,900,059 40,227,894
WORKSHEET # 1
APPROPRIATIONS LIMIT 2025-2026
28 APPROPRIATIONS LIMIT 2025-2026
GENERAL FUND REVENUE (less use of FB) 75,732,431
TOTAL GF REVENUES 75,732,431
TAXES
Revenue PROPERTY TAXES 12,322,000
Summary SALES TAX 20,310,140
page BUSINESS LICENSE 2,278,930
TOT Taxes 19,567,563
31601and 31702 OTHER TAXES 486,000
TOTAL TAXES 54,964,633
REVENUE FROM STATE
10001511-33201 Motor Vehicle in lieu 3,133,000 includes 33202 10001511-33207 Off Highway Vehicles 0
10001511-33204 HOPTR 78,000
10001511-33208 MANDATES SB Reimburs. 35,000
TOTAL REVENUE FROM STATE 3,246,000
PROCEEDS OF TAXES 58,210,633
NON TAX PROCEEDS 17,521,798
TOTAL PROCEEDS 75,732,431
LESS INTEREST INCOME 2,000,000
NET 73,732,431
TOTAL TAXES NON-TAX
TOTAL 75,732,431 58,210,633 17,521,798
EXCLUSIONS (WORKSHEET # 7) 1,486,017 1,486,017
INTEREST 2,000,000 2,000,000
NET 72,246,414 56,724,616 15,521,798
PERCENT 100% 79% 21%
ALLOCATION OF INTEREST 2,000,000 1,570,310 429,690
ADJUSTED TOTAL 74,246,414 58,294,926 15,951,488
WORKSHEET # 2
29 CITY: South Lake Tahoe
FY: 2025-2026
BUDGET: ___X___ or ACTUAL: _____
AMOUNT SOURCE
A. NON-INTEREST
TAX PROCEEDS 58,210,633 (Worksheet # 2)
B. MINUS EXCLUSIONS 1,486,017 (Worksheet # 7)
C. NET INVESTED TAXES 56,724,616 (A - B)
D. TOTAL NON-INTEREST 72,246,414 (Worksheet # 2)
BUDGET
E. TAX PROCEEDS AS
PERCENT OF BUDGET 0.78515 (C / D)
F. INTEREST EARNINGS 2,000,000 Budget or Actual
G. AMOUNT OF INTEREST
EARNED FROM TAXES 1,570,310 (E * F)
H. AMOUNT OF INTEREST
EARNED FROM NON-TAXES 429,690 (F - G)
WORKSHEET # 3
APPROPRIATIONS LIMIT 2025-2026
INTEREST EARNINGS
PRODUCED BY TAXES
30 CITY: South Lake Tahoe
FY: 2025-2026
BUDGET: ___X___ or ACTUAL: _____
AMOUNT SOURCE
A. PROCEEDS OF TAXES 58,210,633 (Worksheet # 2)
B. EXCLUSIONS 1,486,017 (Worksheet # 7)
C. APPROPRIATIONS SUBJECT
TO LIMITATION 56,724,616 (A - B)
D. CURRENT YEAR LIMIT 109,545,780 (Worksheet # 6)
E. OVER (UNDER) LIMIT (52,821,164) (C - D)
APPROPRIATIONS SUBJECT
TO LIMITATION
WORKSHEET # 4
31 May 2025
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2025-26 appropriation limit is:
Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2025-26 6.44
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2025-26 appropriation limit.
2025-26:
Per Capita Cost of Living Change = 6.44 percent
Population Change = 0.28 percent
Per Capita Cost of Living converted to a ratio: 6.44 + 100 = 1.0644 100
Population converted to a ratio: 0.28 + 100 = 1.0028
100
Calculation of factor for FY 2025-26: 1.0644 x 1.0028 = 1.0674
INFLATION
FACTOR
WORKSHEET # 5A
32 FISCAL YEAR 2025-26
Attachment C
Annual Percent Change in Population Minus Exclusions*
January 1, 2024 to January 1, 2025 and Total Population January 1, 2025 City County
Percent Change
24-25
Population Minus
Exclusions 1-1-24
Population Minus
Exclusions 1-1-25
Total Population
1-1-25
South Lake Tahoe City El Dorado -0.05 21,033 21,022 21,022 County Total El Dorado 0.08 190,512 190,663 190,770
WORKSHEET # 5B
.08+100
100
= 1.0008 POPULATION FACTOR
POPULATION FACTOR:
The City may adjust its appropriations limit by either the percentage change in the City’s own population growth, or the percentage change in the population growth for El Dorado County. The above factor represents the annual percentage change in population for El Dorado County. 33 CITY: South Lake Tahoe
FY: 2025-2026
BUDGET: ___X___ or ACTUAL: _____________
AMOUNT SOURCE
A. LAST YEAR'S LIMIT (24-25) 102,835,601
B. ADJUSTMENT FACTORS
1. Population % 1.0008 (Worksheet # 5B)
2. Inflation % 1.0644 (State Finance
(Worksheet # 5A))
Total adjustment % 1.0653 (B1*B2)
C. ANNUAL ADJUSTMENT $ 6,710,179 A*((B-1)*1)
D. OTHER ADJUSTMENTS:
Prior Year Limit Correction ( + ) 0
Sub-Total 0
E. TOTAL ADJUSTMENTS 6,710,179 (C+D)
F. THIS YEAR'S LIMIT (25-26) 109,545,780 (A+E)
APPROPRIATIONS LIMIT 2025-2026
WORKSHEET # 6
34 Budget
FEDERAL MANDATES
41119 ALL UNEMPLOYMENT INS 12,400
41128-41129 ALL MEDICARE 360,617
TOTAL FEDERAL 373,017
STATE MANDATES
10003410-44091 HAZARDOUS WASTE 14,000
20103510-44091 HAZARDOUS WASTE 2,000
20703610-44091 HAZARDOUS WASTE 2,000
TOTAL HAZ WASTE 18,000
10002220-41040 FLSA OT (91% OF FIRE OT) 455,000
20103510-33205 OVERLAY (Gas Tax Funds) 640,000
TOTAL STATE 1,095,000
GRAND TOTAL EXCLUSIONS 1,486,017
APPROPRIATIONS LIMIT 2025-2026
WORKSHEET # 7
EXCLUSIONS
35 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: October 21, 2025
Agenda Item #:4
Agenda Item: Fiscal Year 2024-2025 Budgeted Funds Re-Appropriation Executive Summary: The City of South Lake Tahoe Budget Policy provides for the carryover of operating program appropriations if funds are unspent and purchases are not fully received, or services could not be fully completed during the fiscal year. The annual practice of bringing forward this reappropriation request is intended to keep the City Council and general public fully informed.
Requested Action / Suggested Motions: Pass a Motion to approve re-appropriation of Fiscal Year 2024-2025 budget for purchases and services with unfinished scope of work to Fiscal Year 2025-2026.
Responsible Staff Member: Olga Tikhomirova, Director of Finance Reviewed and Approved By: Susan Blankenship, City Clerk Heather Stroud, City Attorney Attachments:
01-Staff Report Reappropriation FY25 Budget to FY26.docx 02-Carry Forward to FY26 tables.pdf
36 Council Agenda Report October 21, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: October 21, 2025
Title: Fiscal Year 2024-2025 Budgeted Funds Re-Appropriation into Fiscal Year 2025-2026
Location: Citywide
Responsible Staff Members: Olga Tikhomirova, Director of Finance (530)542-7431 Background: The City of South Lake Tahoe budget policy provides for the carryover of operating program appropriations if funds are unspent and purchases are not fully received, or services could not be fully completed during the fiscal year.
Issue and Discussion: This staff report is to advise City Council of funds that need to be re-appropriated. The listed re-appropriated purchases were either not fully received, or services could not be completed by September 30, 2025, and are still needed in the new fiscal year. The annual practice of bringing forward this re-appropriation request is intended to keep the City Council and the general public fully informed. It is consistent with the City Council’s adopted budget policies.
Financial Implications: The City of South Lake Tahoe Budget Preparation Policy, adopted by the City Council, provides for the carryover of operating program appropriations:
C. Operating Carryover - Operating program appropriations not spent during the fiscal year will not automatically carry-over into the next fiscal year, and shall lapse at year-end.
These un-spent appropriations shall be subject to re-appropriation into the subsequent fiscal year, except for long-term projects in progress that are carried forward to the following year and reserved for encumbrances.
The current fiscal year budget for 2025-2026 will be amended by a total amount up to $2,483,764. This amount is to pay for obligations, including approved grants, that were budgeted and not fully received or could not be completed in the 2024-2025 fiscal year. Since the obligations were not complete, they have not been invoiced and paid. $ 969,466 - General Fund expenses
$ 1,514,298 - Other Funds expenses
$ 2,483,764 - Total Re-appropriation
Environmental Considerations: The proposed action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 37 Council Agenda Report October 21, 2025 Page 2 of 2
15378(b)(4) (creation of government funding mechanisms or government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).
Policy Implications: Consistent with the City’s Financial Policy - Budget Preparation. 38 Account Carryforward
Vendor Name Number Amount Explanation
Revenues:
CIRA 100-01220-36288 Pending CIRA reimbursements revenue balance true up (reduction amount pending) CERT Grant 100-01952-33209 Pending Grant Spending and Reimbursement pending (reduction amount pending) -$
Expenses:
Gladwell Governmental Services, Inc. 100-01130-42020 $ 2,670 Record retention update consultant Dell Marketing LP 100-01130-46120 $ 1,206 Computer replacement (various departments, accounts) PO 13229 Dell Marketing LP 100-01210-46120 $ 603 Computer replacement (various departments, accounts) PO 13229 Various 100-01220-42020 Pending
RSG Consulting 100-01310-42020 $ 28,190 Real Estate and Econ. Dev. Services for the Chateau site Dell Marketing LP 100-01310-46120 $ 1,206 Computer replacement (various departments, accounts) PO 13229 MRG 100-01320-42020 $ 5,200 Personnel matters contract C-182-2025 Garon Wyatt 100-01320-42020 $ 15,000 Personnel matters contract C-154-2025 Pending 100-01320-42020 $ 20,000 Personnel matters contract (from 42010) C-206-2025 Communications 100-01330-44034 $ 4,300 Retractable banners, foam letters for events Government Consulting Partners, Inc. 100-01511-42030 $ 27,581 User Fee Study and Cost Allocation Plan C-068-2025 HdL 100-01730-42030 $ 3,000 Additional BL data import project HdL 100-01730-42031 $ 1,500 Software modification for VHR reporting HdL 100-01730-46122 3,500$ Additional BL data import project Omnistruct LLC 100-01840-42020 $ 2,128 IT contract C-003-2025 Cadence Team LLC 100-01840-42020 $ 38,000 Arctic Wolf R14390 CentralSquare 100-01840-42030 $ 13,210 IT/Finance software upgrade consulting services PO 12941, 13106 Cadence Team LLC 100-01840-42030 $ 39,520 Vmware PO 13090 Insight Public Sector 100-01840-46122 6,505$ O365 Extra file storage PO 13216 CERT Grant 100-01952-42025 Pending Grant Spending and Reimbursement pending (reduction amount pending) Johnson Controls Fire Protection LP 100-02110-46110 $ 80,000 PD Fire alarm control system update PO 13237 Dell Marketing LP 100-02110-46120 $ 18,008 Computer replacement (various departments, accounts) PO 13229 Drone Manufacturer 100-02120-46110 $ 20,000 Drone for patrol/swat/search and rescue operations Unknown 100-02120-46120 $ 3,000 Traffic Speed Data Collector Power DMS Admin software suite 100-02160-46110 $ 15,000 Currently in contract drafting and back-end buildout POST Training Provider 100-02180-44050 $ 20,000 POST Mandated Training for new SWAT members Dell Marketing LP 100-02210-46120 $ 9,102 Computer replacement (various departments, accounts) PO 13229 AT&T Mobility 100-02210-46120 $ 13,050 iPads for Fire department received after 10/1/25 (accrual) PO 13228 Eagle Engraving 100-02250-44216 $ 553 Axes for honor guard Flag 100-02250-44216 $ 713 Flags for honor guard
Dell Marketing LP 100-03010-46120 $ 6,030 Computer replacement (various departments, accounts) PO 13229 Lefrancois Engineering 100-03210-42020 $ 300,000 On call Professional and Traffic Engineer C-171-2025 Shiels Sowko Consultants 100-03210-42020 $ 59,900 Professional eng. support services for LAPM compliance C-109-2025 Eastern Sierra Engineering 100-03210-42020 $ 58,500 Project Management C-268-2025 Crusader Fence Company Inc 100-03310-42025 $ 8,800 PD Gate Maintenance PO 12893 Intech Mechanical Company Inc 100-03310-42025 $ 9,500 Various Repairs PO 13225 California United Mechanical Inc 100-03310-42025 $ 9,500 Campground Restroom leak repair PO 13226 California United Mechanical Inc 100-03310-42030 N/A IT HVAC (work done/expense in FY 2025) R14378 ADU contract 100-03710-42020 $ 5,900 ADU contract
Mid-Town Area Plan 100-03710-42020 $ 38,850 Environmental Analysis Dell Marketing LP 100-04105-46120 $ 3,618 Computer replacement (various departments, accounts) PO 13229 Cody's Forestry 100-04170-42030 $ 2,500 Tree removal PO 13215 Grant Structural Engineering 100-04170-42030 $ 4,600 Parks Greenhouse Plans PSA Banner project 100-04170-45010 $ 26,507 Banners
TBD 100-04170-46110 $ 42,516 Polaris UTV
969,466$
FY 2024-2025 General Fund Re-Appropriation
CIRA reimbursable expenses balance true-up (reduction amount pending) PO or
Contract
39 Account Carryforward PO or
Vendor Name Number Amount Explanation Contract
Revenues:
N/A
-$
Expenses:
Altec Industries 210-03010-46110 $ 179,015 Boom Truck PO 12920 LEHR AUTO ELECTRIC 211-02110-46130 $35,269 Equipment for 3 vehicles PO 13103 Winnter Chevrolet, Inc 211-02110-46130 $117,606 (2) 2025 Chevrolet Silverado PO 13109 LEHR AUTO ELECTRIC 211-02110-46130 $5,825 PA Vehicles Lighting Equipment PO 13222 Champion Chevrolet 211-02110-46130 $80,470 (2) 2025 Chevrolet Colorado PO 13224 TBD 217-04504-44032 $ 10,000 New Rec Center Arts Projects Multiple grant recipients 217-04504-44095 $ 15,500 ACT Microgrants VHR Program - Uniforms 218-05330-45016 $9,800 Newly allocated VHR CSO Uniforms and Equipment VHR Program - Office Build Out 218-05330-46020 $164,300 Explore Tahoe Build Out / VHR CSO Office location VHR Program - Vehicles 218-05330-46130 $225,000 VHR CSO Vehicles (CCM 10/21/25) VHR Program - Office Furniture 218-05330-46140 $20,000 Office Furniture for Explore Tahoe Multiple grant recipients 223-02120-44032 $ 459,690 FY 2025 grant recipients plus FY 2024 grants close out Multiple Stormwater Management Program 245-03215-42030 $ 20,400 Stormwater inlet repair contract in process Live Violence Free 250-06024-42025 $ 27,340 Pay for Success Agreeement Koch Elevator 501-05120-42030 $ 1,218 Specialized elevator services PO 13081 Durabuild 501-05120-43025 $ 54,865 Stairs construction C-081-2025 Blink 520-05320-46110 $88,000 EV Charging Stations (pending final amount) 1,514,298$
FY 2024-2025 Other Funds Budgeted Re-Appropriation
40 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: October 21, 2025
Agenda Item #:5
Agenda Item: Purchase of Three Community Service Officer Vehicles from Champion Chevrolet and Related Equipment from Lehr
Executive Summary: This action item would authorize the purchase of three 2026 Chevrolet Silverado 4WD pick ups and related equipment, for a total purchase price not to exceed $207,195.74. Champion Chevrolet submitted the lowest bid in a competitive bidding process on Planet Bids. Additional electronics and equipment will be obtained through a Placer County cooperative purchase agreement with Lehr. Up fitting will be done by Fleet Services.
Requested Action / Suggested Motions: Pass a Motion authorizing the purchase of three 2026 Chevrolet Silverado 4WD pickups from Champion Chevrolet, and authorizing purchase of related equipment through cooperative purchasing from a Placer County contract with Lehr per South Lake Tahoe City Code section 3.45.090, using existing budget appropriations up to $207,195.74.
Responsible Staff Member: Lt. Scott Crivelli
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - CSO Vehicle Purchases.docx
02 - CSO Silverado Spec Sheet.pdf
03 - CSO Silverados Planet Bid.pdf
04 - CSO Silverado Invoices - Champion Chevrolet.pdf
05 - 50115 Sales Quote - Lehr 55569.pdf
06 - Placer County Contract SCN107418 Lehr.pdf
41 Council Agenda Report- October 21, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: October 21, 2025
Title: Community Service Officers Vehicle Purchase
Location: Citywide
Responsible Staff Member: Lieutenant Scott Crivelli
Background: Historically, funding for the purchase of emergency vehicles has come almost entirely from Proposition 172, a Safety Sales Tax. This is a restricted revenue source required to be used specifically for public safety services which includes sheriffs, police, fire protection, county district attorneys, county corrections and ocean lifeguards. The Community Service Officer vehicles will be purchased using funds appropriated by City Council on June 17, 2025, from the VHR account.
Issue and Discussion: After the amendment to the VHR program budget, the Police Department’s Community Service Officer (CSO) staffing went from 4 CSOs and a supervisor to 8 CSOs and two supervisors.
Currently, our CSO vehicle fleet cannot accommodate the expansion of CSO employees and the expanded scope of VHR enforcement. Additionally, the CSO fleet is aging, and replacement is needed. On June 17, 2025, Council authorized the allocation of $225,000 to purchase vehicles for the expansion of VHR enforcement within the police department. The purchase of these vehicles will allow multiple CSOs to be on duty at the same time and spread their enforcement throughout the city.
The Police Department seeks approval to purchase three (3) 2026 Chevrolet Silverado 1500 4WD pick-up trucks to be outfitted for code enforcement and VHR enforcement field response.
Chevrolet offers this Silverado in a 4-wheel drive truck. The Police Department has found these specific vehicles to be effective, reliable, and comfortable for all seasons and the varying driving conditions in South Lake Tahoe. The City’s Fleet Division has endorsed the purchase of this vehicle type and brand for the police department to maintain consistency in the police fleet for efficiency in maintenance.
The police department also recommends the purchase of equipment for upfitting such as yellow overhead lights, push bumpers, computers, and other internal components. Mobile radios for these vehicles have already been purchased. The flexible nature of CSO response has shown that these trucks will need a sliding bed based on experience and recommendations from CSOs in the field. As the build out is significantly less intensive than a patrol car, the Fleet Division has agreed to do the equipment upfitting. The upfit equipment will be purchased from Lehr. 42 Council Agenda Report- October 21, 2025 Page 2 of 2
At the request of the Police Department, the Fleet Division advertised the procurement through Planet Bids on September 8, 2025. Twenty-six vendors were notified. When the bidding process closed on September 24, 2025; Champion Chevrolet in Reno, NV had submitted the lowest bid.
Financial Implications: The expense of the vehicle purchase recommended in this staff report will have no impact on the City General Fund. The total purchase price, with all equipment, for three 2026 Chevrolet Silverado 4WD trucks will be $207,195.74 from the Police Department VHR program vehicle fund (21805330 46130). The VHR vehicle fund/ currently has approximately $225,000 available
The collective bid for these three CSO trucks was $152,647.77, with CA sales tax; the price of each Chevy Silverado, with tax is $50,882.59. The department recommends purchasing these three CSO vehicles.
The department also recommends purchasing equipment from Lehr. The cost to outfit all three trucks with additional equipment from Lehr will be $54,547.97.
The price of each Chevy Silverado, plus its equipment with tax is $69,065.24.
A cooperative purchase agreement will be used for all other equipment from Lehr using Placer County- Lehr contract SCN107418.
Environmental Considerations: This is not a ‘project’ subject to review under the California Environmental Quality Act (CEQA) under CEQA guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies).
Policy Implications: This report considers Climate Action Plan Action Item EV-2 which directs city fleet vehicles toward electric vehicles. In conversations with the Sustainability Coordinator, we agree that emergency response EVs are not a viable option for emergency response police operations. Community Service Officers and their vehicles provide significant code enforcement, VHR enforcement, traffic control support, and support to patrol operations daily, but more significantly during emergency operations. These CSO vehicles fall under the emergency response vehicle exemption to the Advanced Clean Fleet Regulations The purchase of these vehicles supports the following strategic priorities:
- Priority 3: Ensure Public Safety
- Priority 5.7: Evaluation of city-wide parking management strategies including potential expansion of paid parking and reduction of parking requirements. 43 44
City of South Lake Tahoe
Purchase of 2026 Chevrolet Silverado (09-08-2025), bidding on 09/24/2025 7:00 AM (PDT)
Printed 09/29/2025
PlanetBids
45 City of South Lake Tahoe
Purchase of 2026 Chevrolet Silverado (09-08-2025), bidding on 09/24/2025 7:00 AM (PDT)
Printed 09/29/2025
PlanetBids
46 City of South Lake Tahoe
Purchase of 2026 Chevrolet Silverado (09-08-2025), bidding on 09/24/2025 7:00 AM (PDT)
Printed 09/29/2025
PlanetBids
47 City of South Lake Tahoe
Purchase of 2026 Chevrolet Silverado (09-08-2025), bidding on 09/24/2025 7:00 AM (PDT)
Printed 09/29/2025
PlanetBids
48 City of South Lake Tahoe
Purchase of 2026 Chevrolet Silverado (09-08-2025), bidding on 09/24/2025 7:00 AM (PDT)
Printed 09/29/2025
PlanetBids
49 City of South Lake Tahoe
Purchase of 2026 Chevrolet Silverado (09-08-2025), bidding on 09/24/2025 7:00 AM (PDT)
Printed 09/29/2025
PlanetBids
50 City of South Lake Tahoe
Purchase of 2026 Chevrolet Silverado (09-08-2025), bidding on 09/24/2025 7:00 AM (PDT)
Printed 09/29/2025
PlanetBids
51 City of South Lake Tahoe
Purchase of 2026 Chevrolet Silverado (09-08-2025), bidding on 09/24/2025 7:00 AM (PDT)
Printed 09/29/2025
PlanetBids
52 City of South Lake Tahoe
Purchase of 2026 Chevrolet Silverado (09-08-2025), bidding on 09/24/2025 7:00 AM (PDT)
Printed 09/29/2025
PlanetBids
53 City of South Lake Tahoe
Purchase of 2026 Chevrolet Silverado (09-08-2025), bidding on 09/24/2025 7:00 AM (PDT)
Printed 09/29/2025
PlanetBids
54 City of South Lake Tahoe
Purchase of 2026 Chevrolet Silverado (09-08-2025), bidding on 09/24/2025 7:00 AM (PDT)
Printed 09/29/2025
PlanetBids
55 City of South Lake Tahoe
Purchase of 2026 Chevrolet Silverado (09-08-2025), bidding on 09/24/2025 7:00 AM (PDT)
Printed 09/29/2025
PlanetBids
56 City of South Lake Tahoe
Purchase of 2026 Chevrolet Silverado (09-08-2025), bidding on 09/24/2025 7:00 AM (PDT)
Printed 09/29/2025
PlanetBids
57 58
59 60
Item No. Description Quantity Unit Price Total Price
2025 Chevy Silverado Crew Cab PPV (3 vehicles)
**Using Placer County Contract SCN107418**
_____________________________________
Front End Equipment
IONA Whelen ION Series Super-LED Universal Light - Amber 6 100.80 604.80 SA315P Whelen Siren Speaker 100W 3 199.99 599.97
SAK70 Whelen, Speaker Bracket, Fits 2021-23 Tahoe 3 31.80 95.40 _____________________________________
Side Equipment
ENT2B3F Soundoff, Intersector Black 18 LED Amber/White 6 234.93 1,409.58 _____________________________________
Roof Equipment
BB2FFFF-LEHR Whelen, Liberty II Duo WCX 54" - Amber/White 3 2,335.00 7,005.00 STPKT101 Whelen, Strap Kit, Fits Silverado 1500 2019-2020, Tahoe 3 NMO-K-DS 3/4" Hole NMO Style Mount w/17' DS Coax 3 38.90 116.70 _____________________________________
Drivers Compartment Equipment
C-VSW-2600-SILV Havis, 12.5" Wide Flat 26" Vehicle Specific Console 2019-21 Chevy Silverado and Gmc Sierra
3 658.83 1,976.48
**Not compatible with LT or higher trim levels that include 13.4" diagonal HD color touchscreen**
C-EB40-CCS-1P Havis 4" FP Fits Cencom CCSRN, CCSRNTA, MPC03 3 27.30 81.90 C-EB30-KCH-1P Havis, 3" Face Plate, Fits Kenwood KCH-20R Remote Radio 3 23.80 71.40 CUP2-1001 Havis 4" Internal Self-Adjusting Double Cup Holder 3 49.00 147.00 C-BL-4 Havis, Console Accessory Bracket Kit w/ 3 Blanks for Rectangular Accessories 3 18.90 56.70 C-USB-3 Havis, USB-C & USB Type A Dual Port Charger 3 71.40 214.20 C-ARM-103 Havis, Armrest For Top Mount, Console, Large Pad 3 142.02 426.07 Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
55569
Darian Putnam
62850
Phone: 800-982-8468
SOUTH LAKE TAHOE, CA 96150-6227
1700 D ST
Scott Crivelli
South Lake Tahoe-Motor Pool
Phone: (530) 542-6130
So Lake Tahoe, CA 96150-6325
1901 Airport Road Suite 210
Scott Crivelli
City of South Lake Tahoe
Phone: 775-507-2460 Fax:
9240 Prototype Dr Reno, NV 89521-8987
8/27/2025
1 Tax Ident. Type Legal Entity
Vehicle Information:
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 61 Item No. Description Quantity Unit Price Total Price C-FP-5 Havis, 5" Filler Plate 6
C-FP-3 Havis, 3" Filler Plate 3
C-FPW-6 Havis, 6" Filler Plate for Wide VSW Consoles 3
C-APW-1390 Havis, 13" Accessory Pocket, 9" Deep for 3.3" W Section of Wide Consoles 3 60.90 182.70 CF-334Z053AM Panasonic, Win11 Pro, Intel Core i7-1270P vPro, AMT, 12.0in QHD Gloved Multi Touch + Digitizer
3 5,984.40 17,953.20
IK-TR-911-RED iKey Full Travel Keyboard w/Backlit Keys 3 346.50 1,039.50 DS-PAN-1202-2 Havis, Docking Station w/Dual Pass-Through Antenna 3 1,058.04 3,174.13 C-KBM-202 Havis, Rugged Keyboard Mount and Adapter Combination 3 122.56 367.69 PKG-MD-ARM-0306 includes the following items
C-LDM-0012 Havis, Side Pole Mount for Swivel Arm 3 141.43 424.28 MD-ARM-0306 Havis, Swivel Arm Mount 3 109.21 327.64
END OF ASSEMBLY
MMSU-1 Mag Mic Magnetic Mic Kit 6 34.95 209.70
60CREGCS Whelen, 12 Diode Interior Light, 6" Round Surface Mount Split Red/White 3 154.80 464.40 C399 Whelen Cencom Core WCX Remote Siren & Control Center 3 1,109.00 3,327.00 CCTL7 Whelen Core WCX 21 Push-Buttons & 4-Position Slide Control Head 3 C399SP Whelen, SCANport KIT FOR C399 3
CEM16 Whelen Core WCX 16 Output Expansion Module 3 175.20 525.60 DC-5E8Q-25BLMB Misc, 25' Cat 5 Cable 3 21.00 63.00
SO-L2001 AFS, Lehr Auto Timed Power Harness-96" Braided, 6 Timed Circuits w/ Ground Wires 3 183.97 551.91 SO-L2003 AFS, Lehr Auto Timed and Ignition Power Harness-96" Braided, 4 Tmd Cicr w/ 2 Ign Cicr and 3 Greend W
3 146.51 439.53
SO-408-MWDC SPECIAL ORDER, LEHR AUTO, DATA Cable Harness FOR WHELEN CORE 3 528.88 1,586.65 SO-385-FL All Fleet Solutions, MW Series, PUSH BMPR Harness, QTY 4: DUP GRILL, QTY 2 Duo SIDE LGTS & QTY 2 Duo
3 236.82 710.45
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
55569
Darian Putnam
62850
Phone: 800-982-8468
SOUTH LAKE TAHOE, CA 96150-6227
1700 D ST
Scott Crivelli
South Lake Tahoe-Motor Pool
Phone: (530) 542-6130
So Lake Tahoe, CA 96150-6325
1901 Airport Road Suite 210
Scott Crivelli
City of South Lake Tahoe
Phone: 775-507-2460 Fax:
9240 Prototype Dr Reno, NV 89521-8987
8/27/2025
2 Tax Ident. Type Legal Entity
Vehicle Information:
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 62 Item No. Description Quantity Unit Price Total Price 12-WCX-PWR36 AFS, WeCanX Expansion Module, 36" Canem16 Power, (4) 10 Amp Mini Fuse w/ 1/4" Ring At Battery
3 147.26 441.77
12-WCSP-CORE-28 AFS, 28" Whelen Cencom Core Siren Power Cable 3 85.34 256.01 00-1402-L AFS, Battery Cable for 2021 Chevy Tahoe, 6 Ga Battery To Radio Tray w/ 150 Amp Circuit Breaker
3 236.61 709.83
CK-WCX-M7 All Fleet Solutions, Connector Kit for WCX-M7 ConnectorS AND 21 PINS 3 20.92 62.77 WCX-M7 All Fleet Solutions, DATA Cable JUNCTION BOX FOR WHELEN CORE, 7 PORTS 3 113.02 339.07 _____________________________________
Back End Equipment
DCG1000-6348 Decked, Cargo Glide Truck Bed Cargo Slide 3 1,399.00 4,197.00 54,547.97
4388.94
50,159.03
Total:
Total Tax
Sub-Total
0.00 50159.03
Amount Exempt from Sales Tax
Amount Subject to Sales Tax
Name: __________________________________________________ Auth. Signature: ________________________________________ Agency Approval
PLEASE READ: No returns without approval and an RMA# will be accepted. All shortages, damage, or return claims must be made within 10 days of invoice date. NO EXCEPTIONS. A copy of the invoice and RMA paperwork must be shipped with returns. All return orders or cancellations are subject to a 25% restocking fee plus freight. Any change orders made 60 days prior to the installation date may be subject to a production delay and pricing changes. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
55569
Darian Putnam
62850
Phone: 800-982-8468
SOUTH LAKE TAHOE, CA 96150-6227
1700 D ST
Scott Crivelli
South Lake Tahoe-Motor Pool
Phone: (530) 542-6130
So Lake Tahoe, CA 96150-6325
1901 Airport Road Suite 210
Scott Crivelli
City of South Lake Tahoe
Phone: 775-507-2460 Fax:
9240 Prototype Dr Reno, NV 89521-8987
8/27/2025
3 Tax Ident. Type Legal Entity
Vehicle Information:
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 63 County of Placer
Procurement Services Division
2964 Richardson Drive
Auburn, CA 95603
Phone (530) 886-2122
Supplier Contract
Contract Number SCN107418
Contract Reference 97
Contract Start Date 10/01/2024
Contract End Date 09/30/2025
Buyer Javier Terrazas
Phone Number +1 (530) 8894252
Email [email protected]
1 Supplier:
STOMMEL INC
dba LEHR
631 N MARKET BLVD STE N
SACRAMENTO, CA 95834
This Supplier Contract shall be governed by the attached terms and conditions.
Please reference the Supplier Contract number above on all invoices and correspondence related to this order.
Summary:
Emergency Response Vehicle Supplies/Equipment and Installation Services Vendor Contact: Steve Adair, Ph. #No. 916-267-5547, Email: [email protected] County Contacts:
Probation Dept. Contact: Jeff Thompson, Ph. #530-889-7912, Email: [email protected] Placer County Sheriff Contact: Matt Burgans, Ph. #530-889-7865 Sheriff Accounting: [email protected]
Placer County Fire: Sarah Poindexter, Ph. #530-889-4037 Placer County Fire Accounting: [email protected] District Attorney's Office: Mary Green, Ph. #916-543-8079, [email protected] Renewal of SCN1063120
Payment Terms Total Contract Amount
500,000.00
Service Lines
Line Number Description Start Date End Date Amount
1 Emergency response vehicle equipment and supplies as well as equipment installation services in accordance with the vendor's agreement to renew SCN106312 - see attached for pricing, terms, and conditions, and discounts.
Approved by the Placer County Board of Supervisors on July 9, 2024.
10/01/2024 09/30/2025 500,000.00
64 631 North Market Street Suite N, Sacramento Ca 95834 Labor Price Increase Notice
Due to wage pressure for technicians our labor rate has increased to $140 per hour Effective:
October 1, 2024
October 1, 2024
To Our Valued Customers,
Due to the State of California increasing wage pressure and industry changes our new Labor Rate will need to increase from $125.00 per hour to $140.00 per hour for work performed at a LEHR facility. Labor performed outside of a LEHR facility will be billed at $200.00 per hour. Technicians travel will be billed at $140.00 per hour.
Lehr provides specialized labor for the fabrication of first responder vehicles.
Historically we have only taken four labor increases in 15 years. Wages have increased annually to allow Lehr to continue to employ certified and qualified technicians. To ensure that Lehr provides the best emergency equipment installations in the industry this increase was implemented.
If you have any questions regarding the labor increase, please reach out to:
Steve Adair
Lehr
Regional Sales Manager
631 North Market St. Suite N
Sacramento, CA 95834
Cell 916.267.5547
Fax: 916.646.6656
[email protected]
65 Additional Emergency Equipment Manufatures Discounts Manufacture Discount of List Price
AFS 40%
AceK‐9 2%
AEDEC 2%
American Aluminum 25%
Airgain 15%
BackRack 15%
Big Sky 10%
Boss 20%
Brooking 20%
CHEETAH 13.33%
Copeland 15%
D&R 10%
ECCO 40%
GORhino 25%
Grote 20%
Hint 15%
Hybrid Power Solutions 2% I‐Key 23%
Intermotive 10%
Jotto Desk 12%
Kussmaul 5%
LEHR Vehicle Solutions 30%
Lind 2%
Lund 5%
MnStar 10%
Newmar 5%
Panorama 5%
Patrol Power 20%
Pico 35%
PMT 5%
Power Products 15%
Pro‐Gard 20%
Ram Mounts 15%
Ray Allen 2%
Rockland Boxes 2%
Stico 2%
Stopstick 5%
Streamlight 30%
Secure‐Idle 5%
TigerTough 5%
Tomar 23%
Trucklite 67%
Tuffy 20%
Unity 38%
Weatherguard 10%
Weldex 15%
Westin 20%
Xantrex 20%
Panasonic Toughbooks 12%
Panasonic ICV 12%
Vigilant ALPR 12%
CradlePoint 5%
Sierra Wirless 5%
Ubiquity 2%
Fixed PODS 10%
Watch Guard MSI 2%
66 Procurement Services Division
2964 Richardson Drive ▪ Auburn, CA 95603
(530) 886-2122
20000 - Emergency Response Vehicle Equipment and Installation Services Opening Date: July 30, 2019 4:45 PM
Closing Date: August 13, 2019 3:00 PM
To ensure a complete and timely response, it is strongly recommended that you submit your bid response via our Online Bidding System.
However, if you have difficult submitting your bid online or prefer to submit your bid manually (hard-copy) for any reason, print and complete this bid package along with any required bid documents, and mail or deliver in a sealed envelope to:
Placer County Procurement Services Division
2964 Richardson Drive
Auburn, CA 95603
All bids must be submitted on original documents (no fax bids) prior to the Closing Date and Time specified above and as prescribed in this bid's General Terms and Conditions. All bids must be signed by an authorized representative of the firm. UNSIGNED OR LATE BIDS WILL BE REJECTED.
Vendors shall complete the area below for hard copy submissions:
COMPANY NAME: Stommel Inc. DBA LEHR
Mailing Address:
City/State/Zip:
Contact Person:
Telephone:
Email:
631 N. Market Street Suite N
Sacramento CA 95834
Steve Adair
916-267-5547 Cell -- 916-646-6646 Office
[email protected]
SIGNATURE:
DATE:
Title:
____________________________________________________
_____8/22/2024___________________________
____________________________________________________
By signature above, bidder hereby agrees to and accepts the terms, conditions and requirements specified in this bid, including the following bid documents and all related addenda (if any).
Vendor Details
Regional Sales Manager
67 Company Name: Stommel Inc
Does your company conduct business
under any other name? If yes, please
state:
Lehr Auto Electric
Address:
4707 Northgate Blvd
Sacramento, CA 95834-1120
Contact: Steve Adair
Email: [email protected]
Phone: 916-267-5547
Fax: 916-646-6656
HST#: 61-1499917
Submission Details
Created On: Thursday August 08, 2019 16:23:20
Submitted On: Tuesday August 13, 2019 11:55:35
Submitted By: Steve Adair
Email: [email protected]
Transaction #: bf9e4edd-1317-482f-9d85-05e42711727e
Submitter's IP Address: 207.242.136.194
68 Schedule of Prices
BID PRICING WORKSHEET - Category 1
ITEM NO. DESCRIPTION UOM EST. ANNUAL
USAGE
MANUFACTURE
R
MANUFACTURERS
PART NUMBER UNIT PRICE * EXT PRICE
PRODUCT
WARRANTY
INFORMATION
(state number
of months and
any special
terms or
provisions that
may apply)
COMMENTS
1.1 Lightbar with the following
options/modifications: Add (2) LR11
Flashing Alley Lights, LED
(SRALF1); Add (2) 500 Series
inboard LED, one red and one blue
(SLDBR); Add (2) 500 Series
inboard LED, one red and one blue
(SLDBR); Add (2) TIR high output
LED take downs, flashing or steady
(SXTDLED); and Add (2) 500
Series inboard LED, amber/amber
(SLDAA).
EA 15 Whelen LFL
Liberty SW
WeCan Series
Super-LED 54"
Lightbar
SW2RRBB $1,750.0000 $ 26,250.00 60 Whelen Master
Distributor
*
1.2 Strap Kit for LFL Liberty SW
WeCan Series Super-LED 54"
Lightbar. Strap Kit shall be
compatible with Chevrolet Tahoe
Police SUVs.
EA 15 Whelen
Engineering
STPKT71 $57.0000 $ 855.00 60 Whelen Master
Distributor
*
1.3 CenCom Sapphire Siren with
amplifier control module with pigtails,
traffic advisor module, and
microphone with CCMICX20 included
(20' microphone cable).
EA 15 Whelen
Engineering
CCSRN3 $749.00 $ 60 Whelen Master
Distributor
*
1.4 PB400 Full Aluminum Push
Bumpers. Push bumpers shall be
compatible with 2015 to current
model year Chevrolet Tahoe Police
SUVs.
EA 15 Setina
Manufacturing
Bodyguard
PB400
BK0534TAH15 $319.2000 $ 4,788.00 60 Setina Master
Distributor
*
1.5 Patrol Car Seat, black, with Laguna
Seat Belts and Rear Cargo Cage.
Patrol car seat shall be compatible
with 2011 to current model year
Chevrolet Tahoe Police SUVs.
EA 15 Laguna 3P
Products
CT5502 $1,084.0000 $ 16,260.00 60 Laguna
distributor
*
1.6 Stationary Vinyl Coated Partition
with Full Lower Extension Panel.
The partition shall be compatible
with 2015 to current model year
Chevrolet Tahoe Police SUVs.
EA 15 Setina
Manufacturing 8-
VS Series
PK0369TAH10SCA $599.2500 $ 8,988.75 60 correct Part
Number
PK0369TAH15S
CA
*
1.7 Shotgun Gun Lock EA 15 Santa Cruz SC-1H $77.0400 $ 1,155.60 12 #2 Key *
1.8 Ratchet Lock Gen. 2 EA 15 Santa Cruz SC-6H $131.64 12 #2 Key *
1.9 Muzzle Up Partition Mount EA 30 Santa Cruz SC-915P $69.9900 $ 2,099.70 12 Authorized Distributor
*
1.10 Siren Speaker EA 15 Whelen SA315P $199.99 24 Authorized Distributor
*
1.11 Speaker Bracket Kit for Whelen
SA315P Speaker
EA 15 Whelen SAK1 $29.40 $ 60 Authorized
Distributor
*
1.12 Plug In Headlight Flasher for 2015
to current model year Chevrolet
Tahoe Police SUVs
EA 15 SoundOff ETHTAHO-07 $65.7200 $ 985.80 60 Authorized Distributor *
1.13 Vertex Super-LED Light, Single SelfContained Hemispheric Light, Color: BLUE
EA 45 Whelen VTX609B $84.99 $ 60 Authorized
Distributor *
1.14 Vertex Super-LED Light, Single SelfContained Hemispheric Light, Color: RED
EA 45 Whelen VTX609R $84.99 $ 60 Authorized
Distributor *
1.15 Vertex Super-LED Light, Single SelfContained Hemispheric Light, Color: CLEAR
EA 45 Whelen VTX609J $$84.99 $ 60 Authorized
Distributor *
1.16 LIN3 Series Super-LED Lighthead,
Horizontal Mounting, Color: BLUE
EA 15 Whelen RSB02ZCR $$66.60 $ 60 Authorized
Distributor
*
1.17 LIN3 Series Super-LED Lighthead,
Horizontal Mounting, Color: RED
EA 15 Whelen RSR02ZCR $66.60 $ 60 Authorized
Distributor
*
1.18 Mounting Bracket for LIN3 Series
Super-LED Lighthead (Horizontal
Mounting)
EA 30 Whelen RBKT1 $10.80 $ 60 Authorized
Distributor *
Change
40% OFF
CHANGE
25% OFF
30% OFF
30% OFF
30% OFF
40% OFF
40% OFF
40% OFF
40% OFF
40%
25%
40% OFF
11%
40% off
10 year warranty
69 1.19 PAR46 LED Flood - Spotlight EA 25 Whelen
Engineering
P46FLC $154.99 $ 60 Authorized
Distributor
*
1.20 PAR46 LED Spot - Spotlight EA 25 Whelen
Engineering
P46SLC $154.99 $ 60 Authorized
Distributor
*
1.21 Magnetic Mic Kit EA 25 Whelen
Engineering
MMSU-1 $34.9500 $ 873.75 12 Authorized
Distributor
*
1.22 Blac-Rac Weapon Mount EA 20 Blac-Rac 1082E $861.75 $ 12 Authorized Distributor
*
1.23 Chargeguard-Select Auto Shut-Off
Timer
EA 15 Havis Inc. CG-X $71.3800 $ 1,070.70 36 Authorized Distributor
*
1.24 Littlite 12" Gooseneck Lamp with
Rehostat Control, Gooseneck
Extends From End of Chassis, Lead
Extends From Bottom of Chassis.
EA 15 Federal Signal LF12ERB $57.7500 $ 866.25 60 Authorized Distributor
*
1.25 Patrol Vehicle "Placer" Console,
consisting of the following
components:Arm Rest w/2"
Extension - Lehr Auto Electric
Model# PARM002Tall, Arm Rest
Pad - Lehr Auto Electric Model#
PARP, XTL2500 3" Faceplate -
Troy Products Model#FP-MXTL5000,
Cencom 4" Faceplate - Troy
Products Model#FP-WC10285909,
1" Blank - Troy Products Model# FPBLNK1, 2" Blank - Troy Products Model# FP-BLNK2, 4" Beverage
Holder - Troy Products Model#
EA 12 Lehr Auto
Electric
PCC001 $1,142.0000 $ 13,704.00 60 Authorized
Distributor
*
1.26 Mount Kit EA 1 Troy Products AC-EXP03 $117.1800 $ 117.18 60 limited Lifetime *
1.27 Speaker EA 1 Code 3 C3100ENO7 $178.3800 $ 178.38 24 Authorized Distributor
*
1.28 12" Litlite Console Light EA 1 Feederal Signal LF12TRB $66.95 60 Authorized Distributor
*
1.29 3 Accessory Outlet EA 2 Able2 Shoe-Me 14.0553 $21.9500 $ 43.90 24 Authorized Distributor
*
1.30 Dual Stacked LED X Light EA 2 Code 3 LXEX2F-RR $411.10 $ 60 Authorized Distributor
*
1.31 Wig-Wag EA 1 Sound Off LAROOBK $42.6000 $ 42.60 60 Authorized Distributor
*
1.32 Double Beam Halogen Work Lamp
12V
EA 2 Hella 006991663 AS 115 $41.8200 $ 83.64 12 Authorized Distributor
*
1.33 LED Strip Light EA 1 Whelen PSC0CDCR $ 112.20 $ 60 Authorized Distributor
*
1.34 2007-2010 Ford Expedition Base EA 1 Gamber Johnson 7160-446- $113.4000 $ 113.40 60 Part Number 7160-0046
*
1.35 Mongoose 9" Locking Slide Arm w/o
Standard Attachment
EA 1 Gamber Johnson 7160-0219 $247.8000 $ 247.80 60 Part has been discontinued
replacement
quoted 7160-
0220
*
1.36 Tlt Swivel Attachment EA 1 Gamber Johnson DS-CLEVIS $56.0000 $ 56.00 60 Discontinued part -
replacement
quoted 7110-
1008
*
1.37 Radio Ray Wireless Spot Light EA 1 GoLight 7900 $244.1100 $ 244.11 36 Limited 3yr warranty
*
1.38 18" Console EA 1 Troy Products CC-MC18 384.48 $ 60 Authorized Distributor
*
Subtotal: $ 124,020.15
40% OFF
40% OFF
25% OFF
35% OFF
30% OFF
40%
40%
30%
30%
30%
20%
28%
EOL
35%
28%
70 $140
$140
71 Bid Questions
Delivery Time: Bidders shall indicate their delivery time (after an order is received) for items specified in this bid without installation services in the space provided. Indicate your Delivery Time in Days
Delivery time 2-21 days. (In stock items 1-2 days, Items needed to be ordered up to 3 weeks however we stock many of your every day items.)
Turnaround Time: Bidders shall indicate their normal
turnaround time for a fully installed emergency vehicle in the space provided. Indicate your Turnaround Time in
Days
3-5 business days
**Note: If installation service is needed on behalf of Placer County Fire Department, the County intends to deliver and pick up the vehicles at the successful firm's location. As an option, Placer County Fire may require the successful firm to pick up and/or deliver a vehicle. Bidder shall provide rates for pick up and delivery service to be charged oneway, from vendor's shop to Placer County Fire facility only.**
$65 per hour based on Map Quest travel time 35 minutes travel time Travel Rate: Bidders shall provide rates for pick up and delivery service to be charges one-way, from the vendor's shop to the Placer County Fire Department address:
13760 Lincoln Way Auburn, CA 95603. Indicate your travel rate
$65 per hour based on Map Quest travel time 35 minutes travel time Travel Time: Bidders shall provide rates for pick up and delivery service to be charges one-way, from the vendor's shop to the Placer County Fire Department address:
13760 Lincoln Way Auburn, CA 95603. Indicate your
Travel Time
$65 per hour based on Map Quest travel time 35 minutes travel time Documents
Upload additional information here - optional, unless otherwise denoted as mandatory (with asterisk):
Additional Document - Additional Discounts.xlsx - Tuesday August 13, 2019 11:36:56 Travel $140.00 per hour
Onsite work $200.00 Per hour
72 Attachment A
Bid No. 20000
COUNTY OF PLACER
EMERGENCY RESPONSE VEHICLE EQUIPMENT AND INSTALLATION SERVICES
SUPPLEMENTAL TERMS AND CONDITIONS
1. DOCUMENTS
Below are the documents associated with this bid.
Attachment A – Supplemental Terms and Conditions
Attachment B – Scope of Work
Attachment C – Insurance Requirements
Attachment D – Lightbar Configuration (Patrol Vehicle)
2. OVERVIEW
Placer County is soliciting bids for the purchase and installation of emergency response vehicle equipment & related supplies for the Placer County sheriff’s Office and Placer County Fire Department. Placer County intends to award a supplier contract for the purchase emergency response vehicle equipment and installation services on an as-needed basis. The items, quantities, sample jobs, services, and occurrences listed in this bid represent the County’s estimated annual requirements and will be utilized for evaluation purposes only. The County does not guarantee any minimum or maximum quantities that will be purchased or minimum or maximum dollar amounts to be spent throughout the term of the resulting agreement(s). Please note that the County requires NEW PRODUCT ONLY – No refurbished, demo, or restored products will be accepted unless specifically authorized by County staff.
3. PRICING
Responding bidders shall indicate their hourly shop rate for the services described herein as well as provide firm, fixed prices and discounts off list prices for the emergency response vehicle equipment and supplies listed in this bid for the initial contract period of approximately one year from the date this bid is awarded. Pricing offered in the bid line items herein shall be for services provided during the successful firm’s normal business hours. Overtime will not be required. The bidder’s shop labor rate per hour offered herein shall apply to all vehicle and equipment makes, models, and types.
The prices offered by bidders shall be exclusive of sales tax (applicable sales tax shall be added to the County’s invoices). The discounts offered by bidders for the brands listed in this solicitation shall be calculated and billed in addition to any invoice terms that are offered.
All rates shall be billed in accordance with the bidders offered pricing. The County will not accept or pay any premiums, administrative surcharge costs, or any other surcharges that are not identified in the bidder’s response. Charges imposed by the State of California or Federal Government after the bid has been awarded will be honored.
73 Attachment A
Bid No. 20000
4. AWARD
4.1. This bid shall be evaluated and awarded by an all-or-none basis. The bid evaluation will consider the total cost to install the Sheriff’s Office patrol vehicle equipment into a typical Chevrolet Tahoe 4x2 and 4x4 for items 1.1 through 1.25 and a Ford Expedition for the Placer County Fire Department for items 1.26 through 1.38 for evaluation purposes. This cost will be determined by multiplying the firm’s shop labor rate by the total estimated time to install the equipment, as determined by the County. The estimated installation time will be 18 hours of labor for evaluation purposes only. Local Vendor Preference (if applicable), prompt payment discounts, optional pick up/delivery rates, travel time, travel time rate, turnaround time, and adherence to all conditions and requirements of this bid will also be considered.
Bidders are not required to bid on all categories to be considered for award however Placer County reserves the right to award the bid based on pricing offered for the most categories.
4.2. An example of a typical Chevrolet Tahoe patrol vehicle installation includes the following equipment (manufacturer or supplier is shown in parenthesis – no substitutions):
Light Bar System (Whelen/Cencom)
Headlight Flasher (Soundoff)
Siren Speaker and Bracket (Whelen)
Maplight (Little Lite)
Radio Mounting Console (Lehr)
Cage (Setina)
Gun Locks – 2 per vehicle (Santa Cruz)
Push Bumper (Setina)
All emergency equipment, dome light, and spotlight are required to be wired to an auxiliary power source in the rear of the vehicle. All power should be timed and disconnected as to protect the vehicle from a dead battery.
4.3. Other public agencies may elect to “piggyback” on the County’s resulting agreement(s). It will be the responsibility of the other agencies to execute separate contracts with the successful bidder(s) at the same bid pricing (refer to this Bid’s General Terms and Conditions, Section 22) through the end of the initial contract period. Any subsequent renewal pricing and terms successfully negotiated between Placer County and the successful bidder(s) would be made available to those other agencies.
5. DELIVERY REQUIREMENTS
5.1. Bidder’s pricing for equipment and supplies shall be FOB Destination, freight prepaid and assumed by the successful bidder, inside delivery to the following address:
Placer County Sheriff’s Office
2929 Richardson Drive, Ste. A
Auburn, CA 95603
Placer County Fire Department
13760 Lincoln Way
Auburn, CA 95603
74 Attachment A
Bid No. 20000
5.2. The successful bidder shall deliver regular orders within five (5) business days of order placement for the complete order (no partial deliveries will be allowed unless specifically approved by County staff at the time the order is placed). There will also be occasions where the County will need to place an emergency order, which shall be defined as items which are so urgently needed that they must be delivered within forty-eight (48) hours of placing the order or items that are not available from the vendor’s normal inventory. In these instances actual freight charges will be allowed with written approval from the County employee placing the order. All freight charges shall be prepaid by the vendor and added to the resulting invoice. Freight collect charges will not be allowed. The vendor shall clearly advise County personnel of such emergency order circumstances for authorization at the time the order is placed with the vendor.
5.3. If the County’s orders are not delivered within the delivery times specified herein, the County reserves the right to cancel the order and obtain the products from another source. In the event that the County must make such open market purchases, the County reserves the right to exercise the provisions of Section 17 of this bid’s General Terms and Conditions.
Continued non-compliance with the stated delivery times may be cause for cancellation of the resulting agreement.
6. PRICE LISTS
Placer County requests that the successful bidder provide price lists upon award of the resulting agreement for each of the manufacturer discounts offered in the successful bidder’s completed Bid Pricing Worksheet. The County will accept electronic versions of the price lists if hard copies are not available (e.g. CD’s, flash drives, etc.). These lists will be used to verify the discount pricing on the resulting invoices. All price lists shall be provided free of charge to the County. The County also prefers that the successful bidder(s) state the manufacturer’s list price, the bidder’s offered discount off list price, and the net price for each part purchased on the resulting invoices. The successful bidder shall be responsible for notifying the Placer County Sheriff’s Office primary contact as well as the Procurement Services Division of any changes or updates to the bidder’s/manufacturer’s published catalog/list prices that occur during the contract period.
7. INSURANCE REQUIREMENTS
The successful bidder shall be required to furnish a certificate of insurance within ten (10) calendar days following receipt of a Notice of Award demonstrating proof of coverage in the amounts specified in Attachment C, Insurance Requirements.
8. SUBCONTRACTING
The successful bidder shall not subcontract any portion of the work to be performed under the resulting agreement.
9. EQUIVALENT/ALTERNATE OFFERS
Due to the standardization of the County’s emergency response vehicle equipment including the County’s inventory of repair/replacement parts as well as staff training issues, bids will only be accepted for the brand and model emergency response vehicle equipment and supplies specified in the Bid Worksheet.
75 Attachment A
Bid No. 20000
10. SERVICE STANDARDS
The successful bidder shall provide all necessary personnel, tools, parts, materials, and equipment to perform the services described herein. The successful bidder shall perform all work in such a manner as to meet all accepted standards for safe practices for emergency response vehicle equipment installation services and to safely maintain stored equipment or other hazards consequential or related to the work. The successful bidder agrees to accept the sole responsibility for complying with all local, County, State or other legal requirements at all times including, but not limited to, O.S.H.A. and CAL. O.S.H.A. Safety Orders. The successful bidder must meet all EPA standards as well as all Federal, State, and Local laws, standards, and regulatory and permitting requirements while performing services on behalf of Placer County.
11. WORKMANSHIP
All services shall be performed in accordance with the highest standards prevailing in the trades. All of the successful bidder’s employees shall be especially skilled and appropriately trained and certified for the kind of work for which they are employed. Should the successful bidder’s Manager and/or Placer County staff deem anyone employed by the successful bidder incapable of completing the work required, the successful bidder shall immediately dismiss the employee from performing services on behalf of the County. Such removal shall not be considered a basis for employee’s claim for compensation or damages against the County, or any of its officers or agents. 76 Attachment B
Bid No. 20000
COUNTY OF PLACER
EMERGENCY RESPONSE VEHICLE EQUIPMENT AND INSTALLATION SERVICES
SCOPE OF WORK
1.0 The successful bidder shall be regularly established in the business of routine emergency vehicle lighting and equipment installation services on a variety of patrol vehicles, light trucks, and fire trucks. Responding firms shall have staff experienced in the installation of law enforcement and fire department radios, “Code 3” emergency equipment, prisoner partitions, mounting consoles, trunk racks, cages and gun locks at a minimum.
2.0 The successful bidder shall be qualified and capable of performing equipment installation services on various types of emergency response vehicles and equipment including, but not limited to, law enforcement sedans, sport utility vehicles, trucks, undercover vehicles, trailers, off-highway vehicles, and boats, including Type I and Type II engines.
3.0 Time is of the essence in returning County vehicles to service. The successful bidder agrees that work performed under the resulting agreement shall receive top priority over other work in the successful bidder’s shop. If the County determines that the workload of the successful bidder is such that timeliness is not possible in a given situation, the County reserves the right to assign the job to another vendor.
4.0 In the event that the successful bidder is unable to respond or complete the requested services within the bidder’s stated turnaround time, the successful bidder shall notify the County designated contact person immediately prior to commencing work. The County at its sole discretion may elect to utilize the services of another vendor in such instances and will notify the successful bidder if such intention is to be exercised.
5.0 The successful bidder agrees that the County has the right to view any work performed on a County vehicle at the successful bidder’s facility at any time, whether or not services have been completed. The successful bidder agrees that the County has the right to audit any work performed by the successful bidder.
6.0 The successful bidder warrants the goods furnished to be of the highest quality, complying with the specifications and free from all defects whatsoever in workmanship and materials, for a minimum period of one year from the date of delivery. Replacements and repairs under this warranty are to be made by the successful bidder at no cost and to the satisfaction of the County. Equipment installations shall be guaranteed for as long as the County owns/possesses the vehicle.
7.0 The successful bidder agrees that the County has the right to make the final determination as to whether services have been satisfactorily completed. The successful bidder shall include County staff on a walk-through of the vehicle to confirm that all equipment is installed and functioning correctly and testing the equipment prior to the County's acceptance of the work as being completed. Should any portion of the work to be done which, due to any cause, is not in accordance with the specifications or is not satisfactorily completed, it will be rejected and the successful bidder shall immediately make a satisfactory arrangement with the County before proceeding with other work. The successful bidder shall promptly correct all work rejected by the County as faulty, defective, or failing to conform to the product specifications or scope of 77 Attachment B
Bid No. 20000
work defined herein, whether observed before or after substantial completion of the work and whether or not inspected, tested, repaired, fabricated, installed, or completed. The successful bidder shall bear all costs of correcting such rejected work. This provision applies during the contract term and any resulting renewal periods.
8.0 The successful bidder shall be held responsible for any breakage or loss of the County’s vehicles or equipment while performing service on the County’s vehicles. The successful bidder shall be responsible for restoring or replacing any equipment, vehicle, etc. so damaged to the satisfaction of the County and at the sole expense of the successful bidder. The successful bidder shall immediately report to the County any damages to the vehicle or equipment resulting from services performed under the resulting agreement.
9.0 The successful bidder, at the County’s request, shall provide a field representative to meet with County personnel at least once a month to review the department's inventory levels, discuss the department's emergency lighting and equipment requirements and introduce additional products to address any County needs. The successful bidder shall also have technical staff available to conduct scheduled on-site meetings at the County’s request. The successful bidder shall provide inside sales support capable of providing product specification sheets, quotations, order placement and expediting, via fax and telephone at the County’s request.
78 Attachment C
Bid No. 20000
PLACER COUNTY INSURANCE REQUIREMENTS
1. HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
The CONTRACTOR shall save, keep, hold harmless, defend, and indemnify PLACER COUNTY from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of or in the course of performing work which may be occasioned by any willful or negligent act or omissions of the CONTRACTOR, any of the CONTRACTOR'S employees, or any subcontractors.
The CONTRACTOR shall be responsible for any liability imposed by law and for death, injury, or damage to property of any person including, but not limited to, workmen, subcontractors, and the public, resulting from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance.
If any judgment is rendered against PLACER COUNTY for any injury, death, or damage caused by CONTRACTOR as a result of work performed or completed, pursuant to this agreement, CONTRACTOR shall, at its own expense, satisfy and discharge any judgment.
As used above, the term PLACER COUNTY means PLACER COUNTY, its officers, agents, employees, and volunteers.
2. INSURANCE:
CONTRACTOR shall file with the COUNTY concurrently herewith a Certificate of Insurance, in companies acceptable to COUNTY, with a Best's Rating of no less than A- :VII showing.
3. WORKER'S COMPENSATION AND EMPLOYERS LIABILITY INSURANCE:
Worker's Compensation Insurance shall be provided as required by any applicable law or regulation. Employer's liability insurance shall be provided in amounts not less than one million dollars ($1,000,000) each accident for bodily injury by accident, one million dollars ($1,000,000) policy limit for bodily injury by disease, and one million dollars ($1,000,000) each employee for bodily injury by disease.
If there is an exposure of injury to PROVIDER'S employees under the U.S. Longshoremen's and Harbor Worker's Compensation Act, the Jones Act, or under laws, regulations, or 79 Attachment C
Bid No. 20000
statutes applicable to maritime employees, coverage shall be included for such injuries or claims.
Each Worker's Compensation policy shall be endorsed with the following specific language:
Cancellation Notice - “This policy shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to the County of Placer.”
Waiver of Subrogation - The workers’ compensation policy shall be endorsed to state that the workers’ compensation carrier waives its right of subrogation against the County, its officers, directors, officials, employees, agents or volunteers, which might arise by reason of payment under such policy in connection with performance under this agreement by the CONSULTANT.
CONTRACTOR shall require all SUBCONTRACTORS to maintain adequate Workers' Compensation insurance. Certificates of Workers' Compensation shall be filed forthwith with the County upon demand.
4. GENERAL LIABILITY INSURANCE:
A. Comprehensive General Liability or Commercial General Liability insurance covering all operations by or on behalf of CONTRACTOR, providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including coverage for:
(1) Products and completed operations;
(2) Contractual liability insuring the obligations assumed by CONTRACTOR in this Agreement; and
(3) Broad form property damage (including completed operations) Except with respect to bodily injury and property damage included within the products and completed operations hazards, the aggregate limits, where applicable, shall apply separately to CONTRACTOR'S work under the Contract.
B. One of the following forms is required:
(1) Comprehensive General Liability;
(2) Commercial General Liability (Occurrence); or
(3) Commercial General Liability (Claims Made).
C. If CONTRACTOR carries a Comprehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage, and Personal Injury Liability of:
One million dollars ($1,000,000) each occurrence
80 Attachment C
Bid No. 20000
Two million dollars ($2,000,000) aggregate
D. If CONTRACTOR carries a Commercial General Liability (Occurrence) policy:
(1) The limits of liability shall not be less than:
One million dollars ($1,000,000) each occurrence (combined single limit for bodily injury and property damage)
One million dollars ($1,000,000) for Products Completed Operations Two million dollars ($2,000,000) General Aggregate
(2) If the policy does not have an endorsement providing that the General Aggregate Limit applies separately, or if defense costs are included in the aggregate limits, then the required aggregate limits shall be two million dollars ($2,000,000).
E. Special Claims Made Policy Form Provisions:
CONTRACTOR shall not provide a Commercial General Liability (Claims Made) policy without the express prior written consent of COUNTY, which consent, if given, shall be subject to the following conditions:
(1) The limits of liability shall not be less than:
One million dollars ($1,000,000) each occurrence (combined single limit for bodily injury and property damage)
One million dollars ($1,000,000) aggregate for Products Completed Operations
Two million dollars ($2,000,000) General Aggregate
(2) The insurance coverage provided by CONTRACTOR shall contain language providing coverage up to one (1) year following the completion of the contract in order to provide insurance coverage for the hold harmless provisions herein if the policy is a claims-made policy.
Conformity of Coverages - If more than one policy is used to meet the required coverages, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these minimum requirements. For example, all policies shall be Occurrence Liability policies or all shall be Claims Made Liability policies, if approved by the County as noted above. In no cases shall the types of polices be different.
5. ENDORSEMENTS:
Each Comprehensive or Commercial General Liability policy shall be endorsed with the following specific language:
81 Attachment C
Bid No. 20000
A. "The County of Placer, its officers, agents, employees, and volunteers are to be covered as an additional insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement." B. "The insurance provided by the Contractor, including any excess liability or umbrella form coverage, is primary coverage to the County of Placer with respect to any insurance or self-insurance programs maintained by the County of Placer and no insurance held or owned by the County of Placer shall be called upon to contribute to a loss."
C. “This policy shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to the County of Placer.”
6. AUTOMOBILE LIABILITY INSURANCE:
Automobile Liability insurance covering bodily injury and property damage in an amount no less than one million dollars ($1,000,000) combined single limit for each occurrence.
Covered vehicles shall include owned, non-owned, and hired automobiles/trucks.
7. ADDITIONAL REQUIREMENTS:
Premium Payments - The insurance companies shall have no recourse against the COUNTY and funding agencies, its officers and employees or any of them for payment of any premiums or assessments under any policy issued by a mutual insurance company.
Policy Deductibles - The CONTRACTOR shall be responsible for all deductibles in all of the CONSULTANT’s insurance policies. The maximum amount of allowable deductible for insurance coverage required herein shall be $25,000.
CONTRACTOR’s Obligations - CONTRACTOR’s indemnity and other obligations shall not be limited by the foregoing insurance requirements and shall survive the expiration of this agreement.
Verification of Coverage - CONTRACTOR shall furnish the County with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the County before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
82 Attachment C
Bid No. 20000
Material Breach - Failure of the CONTRACTOR to maintain the insurance required by this agreement, or to comply with any of the requirements of this section, shall constitute a material breach of the entire agreement.
Certificate Holder –Placer County subscribes to a service that monitors insurance certificates for compliance with the above requirements. The Certificate Holder on insurance certificates and related documents should read as follows:
County of Placer
c/o EXIGIS LLC
PO Box 4668 ECM #35050
New York, NY 10168-4668
Fax: 888-355-3599
Email: [email protected]
Upon initial award of a contract to your firm, Exigis will contact you with further instructions for providing insurance certificates which meet the terms of the contract.
Certificates which amend or alter the coverage during the term of the contract, including updated certificates due to policy renewal, should be sent directly to Exigis via fax or email as indicated above.
***SOLE PROPRIETER LANGUAGE:
Workers’ Compensation
CONTRACTOR represents they have no employees and, therefore, not required to have Workers’ Compensation coverage.
CONTRACTOR agrees they have no rights, entitlements or claim against COUNTY for any type of employment benefits or workers’ compensation or other programs afforded to COUNTY employees.
83 84
Terms & Conditions
INVITATION FOR BIDS
GENERAL TERMS AND CONDITIONS
The following provisions are hereby made a part of this Invitation for Bids ("bid") by reference and attachment to the Invitation for Bids document. Any contract award made as the result of this bid shall be governed by these General Terms and Conditions. By submission of a bid, bidder does agree if the bid is accepted within 90 calendar days from the date of opening, to furnish to furnish the product(s) and/or service(s) pursuant to these conditions. In the event of a contract award pursuant to this bid, performance by the successful bidder of any or all of the services, or delivery of any or all of the products defined herein, shall constitute acceptance of all terms, conditions and requirements of the resulting agreement.
WARNING: It is the bidder’s responsibility to monitor the County’s website for possible addenda to this bid to inform him/herself of the most current specifications, terms, and conditions (see also Section 4 below), and to submit his/her bid in accordance with the original bid requirements and all addenda. All available bids and related addenda can be found at: https://placer.bidsandtenders.net. Failure of bidder to obtain this information shall not relieve him/her of the requirements contained therein. Additionally, failure of bidder to respond to any addenda, when required, may be cause for rejection of his/her bid.
1. GENERAL. These provisions are standard for all County contracts. The County may delete or modify any of these standard provisions for a particular contract by indicating a change in the special instructions to bidders or in the bid. Any bidder accepting a contract award as the result of this bid agrees that the provisions included within this Invitation for Bid shall prevail over any conflicting provision within any standard form contract of the bidder.
2. SUBMISSION OF BIDS. Bids shall be submitted to the Procurement Services Division either online, by using the Placer County EBid System, or in hard-copy form (see below for instructions). All bids must be submitted prior to the date and time specified in this solicitation. Bids shall be submitted by an employee who is authorized to commit his/her firm or organization to the provisions of the bid. Any exceptions to the specifications, terms, or conditions of this solicitation shall be clearly indicated by bidder.
SUBMISSION OF HARD-COPY BIDS. Bidders who wish to submit bids in hard-copy form in lieu of using the Placer County EBid System shall submit their bids to the Procurement Services Division, 2964 Richardson Drive, Auburn, California, 95603, between the hours of 8:00 am and 5:00 PM (Pacific), Monday through Friday (excluding County holidays). Hard-copy bids shall be submitted in a sealed envelope which clearly identifies the bid number, commodity, and closing date and time. Bids shall be submitted on the bid forms provided by the County, which may be downloaded from the EBid System or obtained from Procurement Services. Hard-copy bids must be signed by an authorized employee of the firm. The County shall not be responsible for bids delivered to a person/location other than that specified herein. Bids shall be in ink or typewritten and all changes and/or erasures shall be initialed and dated in ink. Any exceptions to the specifications, terms, or conditions of this solicitation shall be clearly indicated by bidder, without obliterating the original text or images contained herein.
WARNING: Late bids or unsigned bids shall not be accepted under any circumstances. Facsimile or telephone bids shall not be accepted.
3. AMENDMENTS TO THE BID. Any amendment to this bid is valid only if in writing and issued by the Placer County Procurement Services Division.
REQUESTS FOR CLARIFICATION/INFORMATION. Bidders are instructed to contact the Placer County Buyer/Contact Person(s) specifically identified in this bid for further clarification or information related to the specifications, terms, conditions, or evaluation of this bid. Information provided by other than the named contact person may be invalid, and responses which are submitted in accordance with such information may be declared non-responsive. Additionally, contacts made with other County staff in an attempt to circumvent or interfere with the County’s standard bidding and evaluation practices may be grounds for disqualification of the bidder. Questions should be submitted using the Question tool on the Bids&Tenders site. Questions submitted within four (4) County working days of the bid opening date may not be answered.
4. NON-COLLUSION. The bidder certifies that his bid is made without any previous understanding, agreement or connection with any person, firm or corporation making a bid for the same project and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action.
5. CONFLICT OF INTEREST. Bidder states that no County officer or employee, nor any business entity in which they have an interest, has an interest in the bid awarded or has been employed or retained to solicit or aid in the procuring of the resulting contract, nor will any such person be employed in the performance of such contract.
6. AWARD. The contract may be awarded to the lowest responsible and responsive bidder complying with the provisions of the Invitation for Bid. In determining whether a bid is lowest and responsive, and the bidder responsible, the following may be considered by the County: a) Ability to perform the service required within the specified time; b) Reputation, judgment and experience; c) The quality of performance in previous contracts; d) Previous compliance with laws, as well as employment practices; e) Financial ability to perform the contract; f) The quality, availability and adaptability of the supplies or the contractual services to the particular use required; g) Ability to provide maintenance and service; h) Whether the bidder is in arrears to the County, in debt on contract, is a defaulter on surety to the County or whether the bidder’s taxes or assessments are delinquent; i) The resale value and life cycle costs of the items; j) Such other information as identified in the Purchasing Policy Manual having bearing on the decision to make the award. The award analysis will also include consideration for Local Vendor Preference (per Section 18 below) and any prompt pay discounts offered by the bidder (per Section 19 below). The County reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the County. The County also reserves the right to reject the bid of a bidder who has previously failed to perform properly. The County may award bids by line item, category, or on an all-or-none basis.
7. MERCHANTABILITY. There shall be an implied warranty of merchantability and fitness for an intended use. Any bid submittals taking exception to this requirement may, at the County’s option, be considered non-responsive.
8. SAMPLES. Samples of items, when required, must be furnished free of expense to Placer County and if not destroyed by tests will, upon request, be returned at bidder’s expense. Samples of selected items may be retained for comparison.
9. MANUFACTURER’S NAME AND APPROVED EQUIVALENTS. Unless otherwise specified, manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in a specification are intended only to identify the quality level desired. They are not intended to limit competition. The bidder may offer any equivalent product, which meets or exceeds the specifications. If bids are based on equivalent products, the bids must: 1) Indicate on the bid form the alternate manufacturer’s name and catalog number; 2) Include complete descriptive literature and/or specifications; 3) Include proof that the proposed equivalent shall meet the specifications. The County reserves the right to be the sole judge of what is equal and acceptable. If bidder fails to name a substitute, goods identical to the bid standard must be furnished.
10. INSURANCE AND INDEMNIFICATION. The awarded bidder may be required to provide proof of liability, automobile, and/or workers compensation insurance. If required, the minimum coverage requirements will be identified in the bidding documents. All costs of complying with the insurance requirements shall be included in your pricing. The selected firm shall provide complete and valid insurance certificates within ten (10) days of the County’s written request. Failure to provide the documents within the time stated may result in the rejection of the bid response and/or cancellation of the resulting contract or purchase order.
Unless indemnification requirements are stated otherwise in this solicitation, said requirements shall be as follows: The awarded bidder ("Contractor") hereby agrees to protect, defend, indemnify, and hold Placer County free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character including, but not limited to the amounts of judgments, penalties, interest, court costs, legal fees, and all other expenses incurred by Placer County arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages to property (including employees or property of the County) and without limitation by enumeration, all other claims or demands of every character occurring or any way incident to, in connection with or arising directly or indirectly out of, the contract or agreement. The Contractor agrees to investigate, handle, respond to, provide defense for, and defend any such claims, demand, or suit at the sole expense of the Contractor. Contractor also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false, or fraudulent. This provision is not intended to create any cause of action in favor of any third party against Contractor or the County or to enlarge in any way the Contractor’s liability but is intended solely to provide for indemnification of Placer County from liability for 85 damages or injuries to third persons or property arising from Contractor’s performance pursuant to the resulting contract or agreement.
11. FORCE MAJEURE. If an emergency or natural disaster causes delay or interferes with the use or delivery of the products/services described in this bid, deliveries may be suspended as long as needed to remove the cause or repair the damage. An emergency or natural disaster includes fire, flood, blizzard, strike, accident, consequences of foreign or domestic war, or any other cause beyond the control of the parties. The County reserves the right to acquire from other sources any products/services during any suspension of delivery.
12. TAXES. Placer County is exempt from Federal Excise Tax; an exemption certificate will be furnished upon request. Placer County is not exempt from California State sales/use taxes. All applicable State sales/use taxes will be added to the purchase order.
13. DELIVERY. All prices bid must be FOB Destination, unloaded inside and assembled unless otherwise indicated.
14. FIXED CONTRACT QUANTITIES. Purchase order(s) for full quantities will be issued to successful bidder(s) after notification of award and receipt of all required documents.
15. OPEN-END CONTRACT. No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open-end contract. Estimated quantities/bid ratio or discounts from manufacturer’s list price may be used for bid comparison. The County reserves the right to: issue purchase orders as and when required; or issue a contract for individual agencies or multiple County agencies; or any combination of the preceding. No delivery shall be made without a written order by the County, unless otherwise specifically provided for in the contract. If in a subsequent year the vendor offers to supply his goods and service for the same bid price, or in the event the supplier is willing to negotiate to the satisfaction of Placer County any justifiable price increase prior to the succeeding year’s contract renewal and if the service provided by the supplier was to the satisfaction of the County, the County of Placer reserves the right to extend the period of the resulting contract on a year-to-year basis. Alternatively, the bid solicitation may set forth specific renewal terms. Bidder certifies that prices charged to the County for non-listed commodities or no-fixed price items are equal to or less than those charged the bidder’s most favored customer for comparable quantities under similar terms and conditions.
16. TERMINATION OF CONTRACT. In the event of a material breach of the contractual obligations by the Contractor, the County may terminate the contract. At its sole discretion, the County may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The actual cure must be completed within no more than 10 working days from notification, or at minimum the contractor must provide the county within 10 working days from notification a written plan detailing how the contractor intends to cure the breach. If the contractor fails to cure the breach or if circumstances demand immediate action, the County will issue a notice of immediate termination.
Supplier Contracts may be terminated by the County without cause upon 30 calendar days’ written notice.
17. NON-APPROPRIATION. In the event that sufficient funds are not appropriated and budgeted for the payment of goods or services described herein, the agreement shall immediately terminate on the last day of the fiscal period for which appropriations were received or other amounts were available to pay the amounts due under the agreement, without penalty or expense to the County of any kind whatsoever, except that the County will be liable for payment of any unpaid invoices for goods or services which were delivered prior to the end of the last fiscal period for which appropriations were made.
18. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT. If any item or service furnished by the vendor fails to conform to bid specifications, or to the sample submitted by the vendor with his bid (if any), or if the vendor fails to deliver the items or perform any services required by the contract in the time and manner prescribed, the County may reject the products and/or services provided. Upon rejection, the vendor must promptly reclaim and remove any rejected items without expense to the County, and shall immediately replace all such rejected items with others conforming to such specifications or samples, and/or correct the service deficiency. If the vendor fails to do so, the County has the right to purchase in the open market a corresponding quantity of the rejected items, or have another firm provide the required service, and to deduct from any monies due the vendor the difference between the price named in the contract or purchase order and the actual cost to the County. If the vendor breaches the contract or purchase order, any loss or damage sustained by the County in procuring items which the vendor therein agreed to supply shall be borne and paid for by the vendor. The rights and remedies of the County identified above are in addition to any other rights and remedies provided by law or under the contract. In any legal proceeding brought to enforce the terms of the herein agreement, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs incurred as a result of enforcing the terms of this agreement.
19. LOCAL VENDOR PREFERENCE. A local preference credit of 5.0% for Placer County businesses will be permitted when evaluating bids for supplies, equipment, materials and services that are not part of a public project. Bidders claiming local vendor preference must submit an Affidavit of Eligibility with their bid, unless an authorized affidavit is already on file with Placer County Procurement. Preference criteria and affidavit forms are available on our website at: https://www.placer.ca.gov/1408/LocalVendor-Preference
20. INVOICES AND PAYMENT TERMS. Invoices are to be mailed to the County department specified on the resulting purchase order or contract. All invoices must include the purchase order or contract number. Failure to comply will result in delayed payments. The County will make payment on a Net 30-day basis unless a cash discount is allowed for payment within the time period specified by vendor. The payment term shall begin on the date the merchandise is inspected, delivered and accepted by the County, or on the date a correct invoice is received in the office specified in the order, whichever is later. Prompt payment discounts shall be considered earned if payment is postmarked or personally delivered within the prescribed term. For the purposes of this section, the beginning date described above shall be considered day zero for the purposes of counting days in the prescribed term. For the purposes of bid evaluation, the County will only consider discount periods of ten (10) days or more. LATE FEES: In accordance with Section 926.10 of the California Government Code, Placer County may pay interest at not more than the rate of 6% per annum on invoices which are unpaid 61 or more days beyond the “beginning date” or “day zero” as defined above. In cases where this policy may conflict with other terms provided by the supplier, this provision shall prevail.
21. LEGAL REQUIREMENTS. Federal, State, County and local ordinances, rules and regulations, and policies shall govern development, submittal and evaluation of bids and disputes about bids. Lack of knowledge by any bidder about applicable law is not a defense.
22. ASSIGNMENT. Any contract awarded shall not be assignable by the vendor without the express written approval of the County, and shall not become an asset in any bankruptcy, receivership or guardianship proceedings.
23. OTHER AGENCIES. The successful vendor shall agree to extend Placer County contract prices and terms to other governmental agencies. Any contract resulting from this requirement shall be executed by the successful vendor and the other agency. Placer County will not be a party to “other agency” contracts.
24. PROTEST AND APPEAL PROCESS. Any actual or prospective bidder or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Director of Administrative Services in the manner prescribed by Section 10.0 of the Placer County Purchasing Policy. The protest shall be submitted in writing to the Director of Administrative Services within seven (7) County business days after such aggrieved person or company knows or should have known of the facts giving rise thereto.
25. RECYCLED PRODUCT PREFERENCE. A preference of 10% will be given to bids for products meeting the definition of recycled product cited in Public Contract Code Sections 22150 - 22154. In order to be granted this preference bidder shall provide statements and/or documentation as supporting evidence that the product(s) meets the definition.
26. PATENT INFRINGEMENT. Supplier shall indemnify and hold harmless County, its agents and employees, against and from any and all actions, suits, liabilities, prosecutions, penalties, settlements, losses, damages, costs, charges, attorney’s fees, and all other expenses which may arise directly or indirectly from any claim that any of the products supplied by supplier infringes any patent, copyright, trade secret, or other property right.
27. VENDOR FINANCIAL STABILITY. If a vendor is currently involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law, the vendor must provide the County with that information as part of its bid/proposal. In accordance with Section 3.12(g) of the Placer County Purchasing Policy Manual and paragraph 8.e. of this document, the County may use information regarding a bidder’s financial responsibility when making an award determination.
The County reserves the right to take any action available if it discovers a failure to provide such information to the County, including but not limited to, a determination that the vendor should be declared non-responsible and/or non-responsive, and suspension or debarment of the vendor, in accordance with the processes defined in the Placer County Purchasing Policy Manual.
86 By submitting a bid/proposal in response to this solicitation, the vendor agrees that if, during the term of any contract it has with the County, it becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law, the vendor will immediately provide the County with a written notice to that effect and that it will provide the County any relevant information requested in order for the County to determine whether the vendor has the financial ability to meet its obligations to the County.
- - End of General Terms and Conditions - -
07/25/2019
I acknowledge that I have the authority to bind the Company and submit this bid on behalf of the Company. - Steve Adair, Regional Sales Manager The Applicant declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Applicant foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
There have not been any addenda issued for this bid.
87 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: October 21, 2025
Agenda Item #:6
Agenda Item: Acceptance of Grant from California State Parks for Police Boat Safety and Enforcement Equipment
Executive Summary: The City of South Lake Tahoe Police Department applied for the Boating Safety and Enforcement Equipment (BSEE) grant from the Division of Boating and Waterways (DBW), after authorization from Council on March 25, 2025, for the replacement of the Police Patrol Boat outboard motors. The City of South Lake Tahoe has been awarded the BSEE grant in the amount up to $104,838.86, which will be fully allocated toward the replacement cost and installation of the Police Patrol Boat outboard motors (two Mercury Verado 350 HP).
Requested Action / Suggested Motions: Pass a Resolution accepting the Boating Safety and Enforcement Equipment (BSEE) grant from the California State Parks, Division of Boating and Waterways; authorizing the Mayor, or the Police Chief, to sign the grant agreement and each reimbursement claim; authorizing acceptance of grant funds awarded from the BSEE Grant in the amount up to $104,838.86 for the purchase and installation of two Mercury Verado 350 HP outboard motors to be outfitted on the Police Patrol Boat; and authorizing the budget of that amount into the current City’s budget in account #237 02110 effective October 21, 2025.
Responsible Staff Member: Lt. Russell Liles
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report-Police Boat Grant Acceptance.docx
02-Resolution-Police_Boat_Grant_Acceptance10.15.25.docx 03-South Lake Award Letter.pdf
04-Police Boat Grant Agreement.pdf
88 Council Agenda Report October 21, 2025 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: October 21, 2025
Title: Police Boat Safety and Enforcement Equipment Grant Funding Location: Citywide
Responsible Staff Member: Lt Russell Liles
Background: The City provides a Police Boating Safety and Enforcement Program each year for residents and visitors of our community. The California Division of Boating and Waterways (DBW) offers grant funding to local government agencies to purchase boating safety and equipment through the Boating Safety and Enforcement Equipment Grant Program. The police boat is powered by two 2016 Mercury Verado 300 outboard motors. The outboard motors have reached a point in their operational lives where repairs are frequent and expensive. The marine mechanics at North Tahoe Marina, where the police boat is repaired and serviced, recommend motor replacements, otherwise failures with expensive repairs will continue to occur. Staff applied for the Equipment Grant funding to replace SLTPD’s police patrol boat’s outboard motors.
Issue and Discussion: On March 25, 2025, Council granted authorization for staff to apply for the Boating Safety and Enforcement Equipment (BSEE) grant through the California Division of Boating and Waterways (DBW) to replace the current Police Patrol Boat outboard motors.
On September 23, 2025, the South Lake Tahoe Police Department was notified that we were selected to receive the grant in the amount of $ 104,838.86 for the following equipment – 2 qty. Mercury Verado 350 HP Outboards and installation.
Staff is now requesting Council to accept and authorize the receipt of the grant funds. The grant performance period is from October 1, 2025 through September 30, 2026 and the grant agreement term is from October 1, 2025 through September 30, 2033. If Council authorizes the approval to accept this grant, Staff will award the contract in accordance with procurement procedures.
To receive this funding, California State Parks requires the City Council to authorize the Mayor, or the Police Chief, to sign the grant agreement. They also require authorization for the Mayor, or the Police Chief, to sign each reimbursement claim on behalf of the city per the agreement.
Financial Implications: There will be no additional impact on the general fund. Upon Council approval funding will be requested to be appropriated into the Police Boat Account 237 02110 33211.
Environmental Considerations: The proposed action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).
Policy Implications: The police boating safety program supports the City of South Lake Tahoe’s Strategic Plan “3 – Public Safety”.
89 Resolution 2025-XXXX October 21, 2025 Page 1 of 2
Resolution 2025- XXX
Adopted by the City of South Lake Tahoe
City Council
October 21, 2025
Accepting the Boating Safety and Enforcement Equipment (BSEE) Grant from the California State Parks, Division of Boating and Waterways
BACKGROUND
A. The City of South Lake Tahoe Police Department operates a Police Boating Safety and Enforcement Program.
B. The City of South Lake Tahoe Police Department applied for the Boating Safety and Enforcement Equipment (BSEE) grant from the Division of Boating and Waterways (DBW), after authorization from Council on March 25, 2025, for the replacement of the Police Patrol Boat outboard motors.
C. The City of South Lake Tahoe has been awarded the BSEE grant in the amount up to $104,838.86, which will be fully allocated toward the replacement cost and installation of the Police Patrol Boat outboard motors (two Mercury Verado 350 HP).
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Authorizes the acceptance of the Boating Safety and Enforcement Equipment (BSEE) from the California Department of Parks and Recreation for an amount up to $104,838.86.
2. Authorizes the Mayor, or the Chief of Police, to sign the Grant Agreement, and each reimbursement claim filed pursuant to the grant agreement.
3. Authorizes up to the total program budget be added to the 2025/2026 budget and allocated into account #237 02110 effective October 21, 2025 as follows:
Revenue: #33211 $104,838.86
Expenditures: #46120 (Tools/Parts) $104,838.86
Adopted by the City of South Lake Tahoe City Council on October 21, 2025 by the following vote: Yes:
No:
Absent:
90 Resolution 2025-XXXX October 21, 2025 Page 2 of 2
Abstain:
Mayor
Attest:
Date:
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
91 92
State of California – Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
DIVISION OF BOATING AND WATERWAYS
GRANT AGREEMENT
GRANTEE: South Lake Tahoe Police Department
GRANT TITLE: Boating Safety and Enforcement Equipment Grant - FY 2025 / 26 GRANT NUMBER: C25L0617
GRANT AMOUNT: $104,838.86
GRANT AGREEMENT TERM: October 1, 2025 (or the date signed by the Department whichever comes later) through September 30, 2033
GRANT PERFORMANCE PERIOD: October 1, 2025 (or the date signed by the Department whichever comes later) through September 30, 2026.
The Grantee agrees to the terms and conditions of this contract, hereinafter referred to as Agreement, and the State of California, acting through its Director of the Department of Parks and Recreation, and pursuant to the State of California agrees to fund the total state grant amount indicated below. The GRANTEE agrees to complete the SCOPE OF WORK as defined in the Agreement.
The following are attached and made a part of and incorporated into this grant agreement: Exhibit A Grant Terms and Conditions, Exhibit B General Terms and Conditions, Exhibit C Contractor Certification Clauses, Exhibit D Doing Business with California, Exhibit E Darfur Contracting Act, Exhibit F Recycled Content Certification, and Exhibit G Scope of Work/Budget (Application).
This grant award is funded by the U.S. Coast Guard from the Sport Fish Restoration and Boating Trust Fund CFDA 97.012, administered by California Department of Parks and Recreation, Division of Boating and Waterways. The Federal FY 25 award, 70Z02325MO0001818 to California; $5,443,096.
This is not a research and development grant.
Grantee: South Lake Tahoe Police Department
Address: 1352 Johnson Boulevard,
South Lake Tahoe, CA 96150
Name of
Authorized
Representative:
Title of Authorized
Representative:
Authorized Signature:
Date:
Agency: Department of Parks and Recreation
Division of Boating and Waterways
ATTN: Johanna Naughton
Address: 4940 Lang Ave., Dock H,
Administration, Floor 12
McClellan, CA 95652
Authorized Signature:
Printed Name: Keren Dill
Title: Staff Services Manager II
Date:
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
__________________________________________________________________________ Page: 1 of 46
93 CERTIFICATE OF FUNDING
(FOR STATE USE ONLY)
GRANTEE: South Lake Tahoe Police Department
GRANT TERM END DATE: September 30, 2033
GRANT TITLE: BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANT PROGRAM GRANT NUMBER: C25L0617
PURCHASE ORDER NUMBER:
NO
C25L0617
AMENDMENT NO SUPPLIER ID
0000007137
PROJECT NO
379065600200
AMOUNT
ENCUMBERED BY
THIS DOCUMENT
$104,838.86
FUND DESCRIPTION
Federal Trust Fund #0890
AGENCY BILLING CODE NO
053706
REPORTING
STRUCTURE
37900706
ITEM
3790-101-0890
CHAPTER
04 STATUTE
25 FISCAL YEAR
2025/26
BUSINESS UNIT
3790
ACCOUNT
5432000
ALT ACCOUNT ACTIVITY CODE
68931
Name of Project Representative:
Phone:
Email:
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
__________________________________________________________________________ Page: 2 of 46
94 STATE OF CALIFORNIA
Department of Parks and Recreation, Division of Boating and Waterways PO Box 942896 Floor 12
Sacramento, CA 94296
_________________________________________________________________________________
BOATING SAFETY AND ENFORCEMENT EQUIPMENT (BSEE)
FISCAL YEAR 2025/26
PROJECT REPRESENTATIVES
State Agency:
Division of Boating and Waterways
Grantee (Agency Name):
South Lake Tahoe Police Department
Name: Johanna Naughton Grantee Representative*: Shannon Laney Title: Program Administrator Title: City Officer
Address:
4940 Lang Ave., Dock H, Administration, Floor 12
McClellan, CA 95652
Mailing Address:
1352 Johnson Boulevard,
South Lake Tahoe, CA 96150
Remit to Address:
Phone: (916) 902-8795 Phone: (530) 314-9288
Fax: Fax:
Email: [email protected] Email: [email protected] * Grantee representative information may only be changed by giving 30 days written notice to DBW.
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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95 EXHIBIT A
BOATING SAFETY
AND
ENFORCEMENT EQUIPMENT
GRANT AGREEMENT
South Lake Tahoe Police Department
C25L0617
State of California
Department of Parks and Recreation
Division of Boating and Waterways
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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96 INDEX
DESCRIPTION PAGE
EXHIBIT A GRANT TERMS AND CONDITIONS
1. DEFINITIONS ................................................................................................................. 6
2. GENERAL ...................................................................................................................... 6
3. PAYMENT PROVISIONS AND DISBURSEMENT OF GRANT ....................................... 8
4.EQUIPMENT/PATROL BOAT OWNERSHIP ................................................................... 9
5. OPERATION AND MAINTENANCE OF EQUIPMENT/PATROL BOAT .......................... 9
6. TERMINATION OF GRANT AGREEMENT ..................................................................... 9
7. REVERSION OF EQUIPMENT/PATROL BOAT TO DEPARTMENT .............................. 10
8. LIABILITY ..........;.............................................................................................................. 10
9. WAIVER OF RIGHTS ..................................................................................................... 11
10. REMEDIES NOT EXCLUSIVE ........................................................................................ 11
11. OPINIONS AND DETERMINATIONS .............................................................................. 11
12. PROCUREMENT PROCEDURES ................................................................................... 11
13. DISPOSITION OF EQUIPMENT/PATROL BOAT ............................................................ 12
14. DISPOSITION OF PROCEEDS FROM SALE OF EQUIPMENT INSTALLED AND PARTIALLY FUNDED EQUIPMENT ..................................................................... 12 15. FEDERAL TERMS, CONDITIONS AND REGULATIONS ................................................. 12
16. COMPLIANCE WITH LAW, REGULATION AND POLICY ................................................. 12 EXHIBIT B GENERAL TERMS AND CONDITIONS ............................................................ 16 EXHIBIT C CONTRACTOR CERTIFICATION CLAUSES .................................................. 20 EXHIBIT D DOING BUSINESS WITH THE STATE OF CALIFORNIA ................................ 22 EXHIBIT E DARFUR CONTRACTING ACT ........................................................................ 24 EXHIBIT F RECYCLED CONTENT CERTIFICATION ........................................................ 26 EXHIBIT G SCOPE OF WORK/BUDGET (APPLICATION) ................................................ 27 Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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97 EXHIBIT A
GRANT TERMS AND CONDITIONS
1. DEFINITIONS
A. "DEPARTMENT": The Department of Parks and Recreation, Division of Boating and Waterways (DBW).
B. "EFFECTIVE DATE": The date the GRANT AGREEMENT face page is signed by the DEPARTMENT’.
C. "EQUIPMENT": Boating–specific equipment or other equipment used to implement or conduct boating safety and boating law enforcement activities.
D. "GRANT": Funds provided by the DEPARTMENT, from the federal Recreational Boating Safety (RBS) Grant, to the GRANTEE to finance all or part of the PURCHASE COSTS for items that assist in meeting the purposes of the Boating Safety Equipment and Enforcement (BSEE) and RBS programs.
E. "GRANT AGREEMENT": The contract to which these grant terms and conditions are attached.
F. "GRANT AGREEMENT TERM": The timeframe for which the GRANTEE must comply with the obligations and responsibilities identified in this GRANT AGREEMENT.
G. "GRANT PERFORMANCE PERIOD": The timeframe specified on the grant agreement face page which includes the agreement start date (effective date) and final date for purchasing and receiving equipment. .
H. "GRANTEE": The person or entity identified as the Grantee on the face page of the Agreement.
I. "GRANTEE FUNDS": Any funds provided by the GRANTEE for the purchase or operation and maintenance of the EQUIPMENT/PATROL BOAT.
J. "PATROL BOAT": A DEPARTMENT approved, registered vessel purchased for use in boating safety and law enforcement activities.
K. "PURCHASE COSTS": Those costs incurred by the GRANTEE in purchasing the EQUIPMENT/PATROL BOAT; such PURCHASE COSTS shall not include any operation or maintenance costs, nor any costs incurred prior to the EFFECTIVE DATE of this GRANT AGREEMENT, nor any indirect or overhead costs claimed by the GRANTEE.
2. GENERAL
A. The funding available in this GRANT shall not exceed the amount specified in this GRANT AGREEMENT and shall be used for the purchase of EQUIPMENT and/or PATROL BOAT for Boating Safety and Enforcement activities in accordance with all Exhibits incorporated and referenced herein.
B. GRANT AGREEMENT TERM shall begin on the GRANT PERFORMANCE PERIOD start date and shall continue for the following lengths of time after granted items are received by the GRANTEE unless terminated in accordance with the terms and conditions of this GRANT AGREEMENT: fifteen [15] years for PATROL BOATS and all registered vessels and seven (7) years for EQUIPMENT.
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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98 C. No amendment of the terms of this GRANT AGREEMENT shall be valid unless made in writing and signed by an authorized representative or designee of the DEPARTMENT and the GRANTEE.
D. No variation of the terms of this GRANT AGREEMENT shall be valid unless made in writing and signed by an authorized representative or designee of the DEPARTMENT.
E. Oral understandings are not binding on any of the parties.
F. EQUIPMENT/PATROL BOAT purchase shall be completed prior to the end of the PERFORMANCE PERIOD.
G. GRANTEE hereby certifies that the obligations created by this GRANT AGREEMENT do not violate the provisions of Sections 1090 to 1096 of the Government Code.
H. This GRANT AGREEMENT is not fully executed until signed by the DEPARTMENT.
Grantee may not make any purchases until GRANT AGREEMENT is fully executed and equipment specifications and cost estimates have been approved in writing by the DEPARTMENT.
I. GRANTEE hereby certifies that during the performance of this GRANT AGREEMENT, GRANTEE and any sub-grantees shall fully comply with State regulations regarding the implementation of Disabled Veteran business participation goals as set forth in Disabled Veteran Business Enterprise Participation Requirements, Recycling Certification and Contractor Certification Clauses.
J. GRANTEE shall continue with the responsibilities of this GRANT AGREEMENT during any dispute.
K. Failure by the GRANTEE to comply with the terms of any Department of Parks and Recreation grant agreement may jeopardize the grantee's ability to be awarded funding in future grant opportunities offered by the Department of Parks and Recreation.
L. Subvention agencies: GRANTEES participating in the DEPARTMENT’S Subvention Financial Aid Program acknowledge and certify that failure to fully spend subvention funding in the prior fiscal year will negatively impact the DEPARTMENT’S consideration of future grant applications from your agency for up to three (3) years.
M. Annual Reports: Grantee shall submit an Annual Report beginning August 31st, 2026 and each and every year by August 31 for the term of this agreement (15 years for registered vessels or 7 years for all other equipment). Reports shall include maintenance records, number of hours BSEE equipment is used, additional equipment or modifications of any equipment or patrol boats, any loss or damage to equipment or patrol boat and a summary of boating accident reports submitted during the reporting year. Failure to submit annual reports by the deadline may jeopardize future funding.
N. GRANTEE is required to participate in at least one (1) outreach event per year, such as Operation Dry Water, to conduct boating under the influence (BUI) checkpoints and educate boaters on the importance of boating sober. Grantee must identify what event it has participated in in its annual report.
O. GRANTEE shall submit accident reports to DBW within 30 days of responding to a boating accident in waterbodies within GRANTEE’S area of responsibility. Failure to do so may jeopardize future DBW and Department funding for up to five (5) years in accordance with HNC 656(d)(2).
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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99 P. GRANTEE, representatives, agents or employees shall not act or represent themselves as officers, employees or agents of the DEPARTMENT in the performance of this GRANT AGREEMENT.
3. PAYMENT PROVISIONS AND DISBURSEMENT OF GRANT
A. Reimbursements must be requested on GRANTEE’S official agency letterhead and include:
• Amount requested for reimbursement
• GRANT AGREEMENT number
• Statement of acceptance of the vessel or equipment and certification of meeting DBW’s approved specifications
• Certification that you complied with all procurement procedures outlined this agreement;
• Name of payee and address where payment is to be sent • Location of performance (where the equipment will be used) • Signature of the person authorized in the resolution or minute order to execute the agreement
• Copies of brand name, description, make, model and serial number • Proof of payment for purchase including invoices showing cost and sales tax • For all motorized vessels: Department of Motor Vehicle (DMV) proof showing the DEPARTMENT as the legal owner and GRANTEE as the registered owner
• Certificate of Origin for all PATROL BOATS and trailers.
B. GRANTEE shall request grant reimbursements no later than 60 days from GRANT PERFORMANCE PERIOD end date by mailing one (1) complete reimbursement request package to:
For FedEX, UPS and other overnight mail:
Division of Boating and Waterways
Attn: BSEE Grant Manager
4940 Lang Avenue Dock H
McClellan, CA 95652
For United States Post Office (USPS) mail:
Division of Boating and Waterways
Attn: BSEE Grant Manager
P.O. Box 942896, Administration, Floor 12
Sacramento, CA 94296
Or by emailing to the DBW assigned grant manager.
C. No funds shall be reimbursed for purchases made prior to the EFFECTIVE DATE of this agreement.
D. The DEPARTMENT shall have no obligation to disburse the GRANT unless and until the GRANTEE obtains the prior written approval by the DEPARTMENT of the type and cost of the EQUIPMENT/PATROL BOAT.
E. The DEPARTMENT will disperse the grant to the GRANTEE in arrears for the approved PURCHASE COST of the EQUIPMENT/PATROL BOAT
F. The DEPARTMENT may withhold any grant disbursement if the GRANTEE fails to comply with any of the provisions of this GRANT AGREEMENT.
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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4. EQUIPMENT/PATROL BOAT OWNERSHIP
The DEPARTMENT shall be the legal owner of the EQUIPMENT/PATROL BOAT. The GRANTEE shall be the registered owner of PATROL BOAT or any other registered vessels purchased with GRANT FUNDS. The GRANTEE shall not assign, mortgage, hypothecate or transfer its interest in the EQUIPMENT/PATROL BOAT without the prior written approval of the DEPARTMENT.
5. OPERATION AND MAINTENANCE OF EQUIPMENT/PATROL BOAT
A. The GRANTEE shall use the EQUIPMENT/PATROL BOAT for the purpose of promoting recreational boating safety and boating law enforcement and shall keep the EQUIPMENT/PATROL BOAT available for search and rescue operations and other projects or programs supported by the federal government provided that such use will not interfere with the program for which it was acquired (CFR 200.313.c.2) B. The GRANTEE shall be responsible for the costs of operating and maintaining the PATROL BOAT/EQUIPMENT for the GRANT AGREEMENT TERM; the DEPARTMENT shall not be liable for such costs.
C. The GRANTEE shall maintain the EQUIPMENT/PATROL BOAT in good repair according to all manufacturer recommendations and shall make all repairs necessary to keep EQUIPMENT/PATROL BOAT functioning through the term of the GRANT AGREEMENT.
D. The GRANTEE, at its own expense, shall repair or replace the EQUIPMENT/PATROL BOAT if it is damaged, destroyed or rendered useless prior to the end of the GRANT AGREEMENT TERM.
E. GRANTEE shall submit maintenance records to the DEPARTMENT with each annual report.
F. The GRANTEE shall seek DEPARTMENT approval for the purchase and installation of additional equipment or modifications to any registered vessel purchased with grant funds. Complete and accurate records of all such modifications shall be reported to the DEPARTMENT in the GRANTEE’S annual report and made available to the DEPARTMENT or authorized representative for inspection upon request.
G. Each GRANTEE shall report to the DEPARTMENT loss or damage to any equipment purchased with grant funds within 30 days of occurrence.
H. Each GRANTEE shall ensure that any PATROL BOAT/EQUIPMENT purchased with grant funds is operated solely by qualified Boating Safety and Boating Law Enforcement Officers. Operators must fully comply with GRANTEE’S documented training and certification requirements to be deemed qualified, which shall include, at a minimum, receipt of a California Boater Card.
I. GRANTEE shall obtain prior DBW approval before submitting requests for modification or survey of a grant-funded PATROL BOAT/EQUIPMENT to California Department of General Services (DGS).
6. TERMINATION OF GRANT AGREEMENT
A. Either DEPARTMENT or GRANTEE may unilaterally terminate this GRANT AGREEMENT if a material breach of the GRANT AGREEMENT is made by the other; such termination shall become effective NINETY [90] DAYS following the date of receipt by either the DEPARTMENT or the GRANTEE of a written notice of termination from the party initiating the termination.
B. The GRANTEE may terminate this GRANT AGREEMENT if the GRANTEE becomes financially or legally unable to comply with the terms and conditions of this GRANT Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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AGREEMENT; such termination shall become effective NINETY [90] DAYS following receipt by the DEPARTMENT of a written notice of termination from the GRANTEE.
C. The DEPARTMENT may terminate this GRANT AGREEMENT immediately and be relieved of any payments should the legislative body of the GRANTEE fail to appropriate GRANTEE FUNDS for purchase costs, if required, or if the GRANTEE fails to perform the requirements of this Agreement at the time and in the manner herein provided; such termination to become effective upon receipt by the GRANTEE of a written termination notice from the DEPARTMENT.
D. The DEPARTMENT has the option to void the GRANT AGREEMENT with 30 days’ notice in the event grant funds are not appropriated or amend the GRANT AGREEMENT to reflect any unexpected reduction of grant funds.
7. REVERSION OF EQUIPMENT/PATROL BOAT TO DEPARTMENT
If EQUIPMENT/PATROL BOAT is no longer needed or this GRANT AGREEMENT is terminated prior to the expiration of the term of the GRANT AGREEMENT:
A. The GRANTEE shall deliver, at no cost to the State, the fully functioning EQUIPMENT/PATROL BOAT to the DEPARTMENT for reassignment and shall execute any document(s) necessary to effect appropriate changes in pertinent public records; the reversion of registered title is hereby declared to be in addition to, and not in lieu of, any other remedies for breach of this GRANT AGREEMENT which may be available to the DEPARTMENT.
B. The GRANTEE shall be prohibited from receiving DEPARTMENT BSEE Grants for a period of three (3) years if EQUIPMENT/PATROL BOAT is not fully functional at time of termination.
8. LIABILITY
A. The GRANTEE waives all claims and recourse against the DEPARTMENT, including the right to contribution for any loss or damage arising from, growing out of or in any way connected with or incident to this GRANT AGREEMENT.
B. GRANTEE agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this GRANT AGREEMENT, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by GRANTEE in the performance of this Agreement. GRANTEE warrants, represents and agrees that it and its subgrantees, subcontractors, employees and representatives shall at all times comply with all applicable State contracting laws, codes, rules and regulations in the performance of this GRANT AGREEMENT.
C. If the DEPARTMENT is named as a co-defendant, the GRANTEE shall notify the DEPARTMENT and represent it unless the DEPARTMENT elects to represent itself. If the DEPARTMENT undertakes its own defense, it shall bear its own litigation costs, expenses and attorney's fees.
D. Insurance Coverage Requirements
(1) Vessel Insurance: GRANTEE shall maintain the necessary insurance for the full replacement value of vessels and equipment purchased with GRANT including fire, collision or sinking and all costs associated with removal and demolition. (2) Watercraft Liability: GRANTEE shall maintain watercraft liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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of the maintenance and use of watercraft.
(3) The policy must include:
"The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to vessels and equipment purchased with this grant.”
9. WAIVER OF RIGHTS
It is the intention of the parties hereto that from time to time either party may waive certain of its rights under this GRANT AGREEMENT. Any waiver at this time by either party hereto of its rights with respect to a default or any other matter arising in connection with this GRANT AGREEMENT shall not be deemed to be a waiver with respect to any other default or matter.
10. REMEDIES NOT EXCLUSIVE
The use by either the DEPARTMENT or GRANTEE of any remedy specified in this GRANT AGREEMENT for the enforcement of this GRANT AGREEMENT is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.
11. OPINIONS AND DETERMINATIONS
Where the terms of GRANT AGREEMENT provide for action to be based upon the opinion, judgment, approval, review, or determination of either the DEPARTMENT or GRANTEE, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.
12. PROCUREMENT PROCEDURES
A. The GRANTEE must use procurement procedures that reflect applicable State and local public procurement laws and regulations, provided that the procedures conform to applicable Federal law and the standards identified in 2 CFR §200.318.
There shall be no changes, corrections, modifications or exceptions to DEPARTMENT approved specifications without advance written approval by the DEPARTMENT. Procurement procedures used by the GRANTEE must conform to State law and regulations regarding Disabled Veteran Business Enterprise Participation Requirements, Recycling Certification, AND CONTRACTORS CERTIFICATION CLAUSES. The GRANTEE is responsible, in its sole discretion, for the review of all bids for compliance.
B. Procurement for boats and other registered vessels must be conducted using Invitation for Bid and must adhere to the specific procurement standards identified by GRANTEE’S governing board regarding advertising, adequate purchase descriptions, sealed bids, and public openings.
C. EQUIPMENT AND ELECTRONICS PROCUREMENT PROCEDURES:
Grantee must obtain at least three (3) bids or rate quotations from qualified sources for each item that has a unit cost of $10,000 or more. The bids may be obtained over the phone but must be verified with written documentation from the vendor, and must include the make, model, size, name of vendor, date, and cost of item.
D. DEPARTMENT REVIEW
(1) GRANTEE must submit to the DEPARTMENT proposed technical specifications of PATROL BOATS and other registered vessels for review and approval prior to solicitation of bids.
(2) Grantees and sub-grantees must make available on request to the DEPARTMENT procurement documents, such as requests for proposals or Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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invitations for bids, independent cost estimates, etc. and must retain such documents for four years after equipment acquisition for auditing purposes.
13. DISPOSITION OF EQUIPMENT/PATROL BOAT
In accordance with 2 CFR 200.313 e.1 and 2, upon completion of the GRANT AGREEMENT TERM, GRANTEE must continue to use EQUIPMENT/PATROL BOAT as long as needed. If EQUIPMENT/PATROL BOAT is no longer needed, GRANTEE must receive approval from the DEPARTMENT. GRANTEE must deliver EQUIPMENT/PATROL BOAT to the California Department of General Services (DGS), Office of Fleet and Asset Management (OFAM) for sale at auction. DGS must complete an OFAM6 Form. Once DGS has completed the OFAM6, GRANTEE will submit the OFAM6 to the DEPARTMENT with an official letter requesting to surrender the vessel. The DEPARTMENT will provide the GRANTEE with an OFAM27 form and instructions for delivering the EQUIPMENT/PATROL BOAT to auction via email. GRANTEE will deliver the EQUIPMENT/PATROL BOAT and OFAM27 to the auction as instructed by the DEPARTMENT. GRANTEE shall have the OFAM27 signed at the auction and shall return the signed OFAM27 to the DEPARTMENT.
14. DISPOSITION OF PROCEEDS FROM SALE OF EQUIPMENT INSTALLED AND
PARTIALLY FUNDED EQUIPMENT
If the GRANTEE has contributed funding in excess of the GRANT to the PURCHASE COSTS of the EQUIPMENT/PATROL BOAT, and in the event of a sale of the EQUIPMENT/PATROL BOAT after the expiration or termination of this GRANT AGREEMENT or the reversion of the EQUIPMENT/PATROL BOAT to the DEPARTMENT, then the proceeds of the EQUIPMENT/PATROL BOAT sale shall be distributed between the DEPARTMENT and the GRANTEE in proportion to their respective contributions of the PURCHASE COSTS, e.g.: if the PURCHASE COSTS totaled $100,000 and the GRANT contribution amounts to $60,000, then the DEPARTMENT would receive 60 percent of the EQUIPMENT/PATROL BOAT sale proceeds and the GRANTEE would receive 40 percent.
15. FEDERAL TERMS, CONDITIONS AND REGULATIONS
This GRANT is funded by the Federal Recreational Boating Safety (RBS) Grant and as such, GRANTEE shall comply with all the governing regulations, namely 2 CFR 200 - the most applicable of which have been included here for reference. For clarity, “Non-federal entity” shall be understood to be “DEPARTMENT” and “Award” shall be understood to be “GRANT”.
GRANTEES are subject and must adhere to the provisions set forth in the 2020 DHS Standard Terms and Conditions which are available online at:
https://www.dhs.gov/sites/default/files/publications/fy20_dhs_standard_terms_and_condition s_v10.1_dated_12-31-2019.pdf and made a part of this agreement by reference.
GRANTEES are subject to and must adhere to the regulations set forth in the 2 CFR 200 available online at: https://www.govinfo.gov/content/pkg/CFR-2014-title2-vol1/pdf/CFR-2014- title2-vol1-part200.pdf and made a part of this agreement by reference.
16. COMPLIANCE WITH LAW, REGULATION AND POLICY
It is understood and agreed that the Grantee shall comply with all applicable laws and regulations of the State of California, U.S. Coast Guard Code of Federal Regulations: 2 CFR identified in section §§ 200.318 General Procurement standards through 200.326 Contract provisions, 50 CFR 80 and 50 CFR 85, Equal Opportunity (41 CFR 60-1.4(b)), Davis-Bacon Act, as amended (40 U.S.C. 3141-3148), Copeland “Anti-Kickback” Act (40 U.S.C. 3145), Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements” (37 CFR Part 401), Clean Air Act (42 U.S.C. 7401- Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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7671q.), and the Federal Water Pollution Control Act as amended (33 U. S.C. 1251-1387), Debarment and Suspension (Executive Orders 12549 and 12689), Byrd Anti-Lobbying amendment (31 U.S.C. 1352) and all policies of DBW.
A. MANDATORY DISCLOSURES
The non-Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in §200.338 remedies for noncompliance, including suspension or debarment. (See also 2 CFR part 180 and 31 U.S.C. 3321).
B. ENHANCEMENT OF RECIPIENT AND SUBRECIPIENT EMPLOYEE
WHISTLEBLOWER PROTECTION
This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies established at 41 USC 4712.
Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 USC 4712.
The recipient shall insert this clause, including this paragraph, in all subawards and in contracts over the simplified acquisition threshold related to this award.
C. EQUAL OPPORTUNITY CLAUSE
During the performance of this grant, the grantee agrees to sections i-vii below:
i. The grantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the granting officer setting forth the provisions of this nondiscrimination clause. ii. The grantee will, in all solicitations or advertisements for employees placed by or on behalf of the grantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The grantee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency granting officer, advising the labor union or workers' representative of the grantee's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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employees and applicants for employment.
iv. The grantee will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
v. The grantee will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the granting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vi. In the event of the grantee's non-compliance with the nondiscrimination clauses of this grant or with any of such rules, regulations, or orders, this grant may be canceled, terminated or suspended in whole or in part and the grantee may be declared ineligible for further Government grants in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
vii. The grantee will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The grantee will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the grantee becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the grantee may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the grant.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction grants or contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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upon grantees and contractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts.
I. Incorporation by reference. The equal opportunity clause may be incorporated by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Deputy Assistant Secretary may designate.
II. Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written.
Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings.
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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EXHIBIT B
General Terms and Conditions (GTC 04/2017)
1. APPROVAL:
This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor /GRANTEE may not commence performance until such approval has been obtained.
2. AMENDMENT:
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT:
This Agreement is not assignable by the Contractor/GRANTEE, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT:
Contractor/GRANTEE agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor/GRANTEE agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor//GRANTEE agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor/GRANTEE agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION:
Contractor/GRANTEE agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all GRANTEES, contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor/GRANTEE in the performance of this Agreement.
6. DISPUTES:
Contractor/GRANTEE shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE:
The State may terminate this Agreement and be relieved of any payments should the Contractor/GRANTEE fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor/GRANTEE under this Agreement and the balance, if any, shall be paid to the Contractor/GRANTEE upon demand.
8. INDEPENDENT CONTRACTOR:
Contractor/GRANTEE, and the agents and employees of Contractor/GRANTEE, in the performance of this Agreement, shall act in an independent capacity and not as officers or Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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employees or agents of the State.
9. RECYCLING CERTIFICATION:
The Contractor/GRANTEE shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, Contractor/GRANTEE and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor/GRANTEE shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
Contractor/GRANTEE and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
Contractor/GRANTEE shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.
Contractor/GRANTEE and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor/GRANTEE shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES:
The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS:
Time is of the essence in this Agreement.
13. COMPENSATION:
The consideration to be paid Contractor/GRANTEE, as provided herein, shall be in compensation for all of Contractor's/GRANTEE’S expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
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14. GOVERNING LAW:
This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS:
The Contractor/GRANTEE by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor/GRANTEE shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid.
Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT:
For any Agreement in excess of $100,000, the contractor/GRANTEE acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor/GRANTEE recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor/GRANTEE, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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17. UNENFORCEABLE PROVISION:
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS:
If this Contract includes services in excess of $200,000, the Contractor/GRANTEE shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub.
Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor/GRANTEE made a commitment to achieve small business participation, then Contractor/GRANTEE must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor/GRANTEE made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor/GRANTEE must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor/GRANTEE received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor/GRANTEE; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
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EXHIBIT C
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Grantee to the clause(s) listed below. This certification is made under the laws of the State of California.
Grantee Agency Name (Printed)
South Lake Tahoe Police Department
Federal ID Number
94-1610868
By Authorized Signature:
Printed Name and Title of Person Signing
,
Date Executed Executed in the County of
El Dorado
GRANTEE CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE:
Grantee has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS:
18.10 Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Grantee certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Grantee within the immediately preceding two-year period because of Grantee's failure to comply with an order of a Federal court, which orders Grantee to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Grantee hereby certifies that Grantee will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Grantee agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the agreement equal to the lessor of 30 multiplied by the Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its agreement with the State.
Failure to make a good faith effort may be cause for non-renewal of a state agreement for legal services, and may be taken into account when determining the award of future contracts/agreements with the State for legal services.
5. EXPATRIATE CORPORATIONS:
18.40 Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Grantees contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The Grantee agrees to cooperate fully in providing reasonable access to the Grantee’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the Grantee’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS:
For contracts over $100,000 executed or amended after January 1, 2007, the Grantee certifies that Grantee is in compliance with Public Contract Code section 10295.3.
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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EXHIBIT D
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST:
Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (PCC 10410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (PCC 10420).
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e)).
2. LABOR CODE/WORKERS' COMPENSATION:
Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700).
3. AMERICANS WITH DISABILITIES ACT:
Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. GRANTEE NAME CHANGE:
An amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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amendment. Any changes of the Grantee’s representative shall be notified to DBW within 30 days written notice on Grantee’s letterhead.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the Grantee is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate Grantee performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California.
Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION:
A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all Grantees that are not another state agency or other governmental entity.
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EXHIBIT E – DARFUR CONTRACTING ACT
If your agency hires a contractor to complete work under this grant, the contractor must fill out and sign the Darfur Contracting Act form prior to execution of the contract. A Sample of The Darfur Contracting Act form is provided on the next page; this form (DGS PD 1) can also be downloaded from the California Department of General Services website.
Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475.
A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services. (Public Contract Code section 10477(a)).
Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency. (See # 1 on the sample Attachment).
The following sample Attachment may be included in an IFB or RFP to satisfy the Act’s certification requirements of bidders and proposers.
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Exhibit E - DARFUR CONTRACTING ACT
SAMPLE FORM
Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States.
For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; orb) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.
If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form.
OPTION #1 - CERTIFICATION
If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.
Company/Vendor Name (Printed)
South Lake Tahoe Police Department
Federal ID Number
94-1610868
By (Authorized Signature) Date
Printed Name and Title of Person Signing
,
OPTION #2 - WRITTEN PERMISSION FROM DGS
Pursuant to Public Contract Code Section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.
We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.
Company/Vendor Name (Printed)
South Lake Tahoe Police Department
Federal ID Number
94-1610868
By (Authorized Signature) Date
Printed Name and Title of Person Signing
,
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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EXHIBIT F
SUGGESTED LANGUAGE FOR RECYCLING CERTIFICATION
State law requires that state contracts shall have Recycling Certification in writing under penalty of perjury, the minimum, if not exact, percentage of recycled content, both post-consumer waste and secondary waste as defined in the Public Contract Code, Sections 12161 and 12200, in materials, goods, or supplies offered or products used in the performance of this Agreement, regardless of whether the product meets the required recycled product percentage as defined in the Public Contract Code, Sections 12161 and 12200. Contractor may certify that the product contains zero recycled content. (PCC 10233, 10308.5, 10354)
RECYCLED CONTENT CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
Name and Title of Person Signing Date Executed
Authorized Signature Executed in the County of
El Dorado
Title Telephone Number
Legal Business Name
South Lake Tahoe Police Department
Federal ID Number
94-1610868
The Contractor hereby certifies under penalty of perjury, that the percent of the materials, goods, supplies offered, or products used in the performance of this contract meets the or exceeds the minimum percentage of recycled material as defined in Sections 12161 and 12200 of the Public Contract Code. The Contractor may certify that the product contains zero recycled content.
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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General
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION __________________________________________________________________________ 1 Applicant Information
a. Applicant Name South Lake Tahoe Police Department
b. Organizational Unit
c. Address 1352 Johnson Boulevard
d. Address 2
e. City South Lake Tahoe State CA Zip 96150
f. Federal ID Number 94-1610868 Unique Entity Id. FG8YLL3CQ3J 1 g. Agency Type
City County
State Agency District
Other Public Agency
2 Project Information
a. Project Name Boating Safety and Enforcement Equipment Grant - FY 2025 / 26 b. Is implementing agency same as Applicant Yes No
c. Implementing Agency Name
d. Project Start Date Oct-01-2025 End Date Sep-30-2033
e. Amount of Funds Requested $104,838.86 Project Cost $104,838.86 Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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3 Contacts
a. Project Administrator
Name Shannon Laney
Title City Officer
Mailing Address 1352 Johnson Blvd
City South Lake Tahoe State CA Zip 96150
Telephone (530) 314-9288 Fax
E-mail Address [email protected]
b. Financial Director
Name Lori Marino
Title Grants Administrator
Mailing Address 1901 Airport
City South Lake Tahoe State CA Zip 96150
Telephone (530) 542-7410 Fax
E-mail Address [email protected]
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION __________________________________________________________________________ Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION __________________________________________________________________________
1. Minimum Qualifications
This is a federal pass-through ‘Recreational Boating Safety Grant’. Priority for this grant are for the promotion of recreational boating safety and to decrease the number of accidents, injuries, and fatalities on U.S. waters.
Funding priorities for the Boating Safety and Enforcement Equipment Grant are for equipment that assists grantees in the following activities, in this order of priority:
1. Promoting recreational boating safety.
2. Enforcement of recreational boating safety laws
3. Search and rescue activities for recreational boaters.
4. Recovery of evidence for recreational boating accidents, injuries, and fatalities.
NOTE: Patrol and safety activities for swimmers, vehicle recovery, homeland security activities, and recovery of drowned bodies are not funding priorities under this federal grant.
Attach a Letter of Intent as required by Title 14, Section 6594.5. A template letter is in the ‘Show Documents’ area.
45821_0_852_letter of
intent.pdf
As a subgrantee for this federal grant award, your agency must be registered in the Federal System of Award Management (https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf) Your agency’s registration must be current in that system at the time you submit your application.
Attach a screenshot showing your registration is active. (A sample screenshot is available in the 'Show Documents' area)
45823_0_141_EntityInfo
rmation_City of South
Lake Tahoe.pdf
The statements below refer
to
South Lake Tahoe Police Department and confirm the
following:
1 a. Does your agency have an active Boating Safety and/or Boating Law Enforcement Patrol?
Yes No
1 b. What training and/or authorization does your
agency have to perform boating safety and/or
boating law enforcement in your jurisdiction?
(max. 1024 characters)
All of our Boating Safety Officers have attended Department of Boating and Waterways Basic maritime officers' course and boating accident investigation, and two of our officers have attended the advanced officer course and rescue boat
operations. All three of our officers are sworn police officers with arrest authority under 830.1 PC in California. Because Lake Tahoe is bi-state waterway, an interstate compact between California and Nevada was established (853.3 PC) to allow law enforcement officers to have concurrent jurisdiction.
1 c. If awarded this grant, I hereby certify that the agency identified above will report all boating accident statistics as required in Section 656 of Harbors and Navigation Code for the grant term if awarded this grant? An agency's failure to submit a report may result in ineligibility of future DBW funding opportunities for up to five fiscal years.
Yes No
1 d. By checking the boxes below, I certify that that the agency identified above meets all the following criteria:
Your agency employs at least one boating safety law enforcement officer defined in California Code of Regulations, Title 14, Division 4, Chapter 1, Article 4.5.2 as trained personnel authorized and retained to perform on-the-water boating safety and boating law enforcement activities.
Your agency’s boating safety law enforcement officer(s) conducts sufficient patrol and has the jurisdiction and authority to ensure adequate enforcement, including arrest authority of all applicable state boating safety laws and regulations.
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION __________________________________________________________________________ Your agency has the knowledge and means to properly report boating accidents to DBW.
If you cannot certify that your agency meets ALL of the above criteria, certify by checking the box below and filling out the remainder of 1d.
Your agency has a memorandum of understanding (MOU) with a law enforcement agency that has all of the above authorities and conducts all of these activities Identify the law enforcement agency:
Attach the MOU
1 e. Has your agency been out of compliance with the terms of any other Department of Parks and Recreation contract or agreement in the past 3 years? Yes No
If you responded 'Yes' to 1 e, please provide
an explanation
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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122
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION __________________________________________________________________________
1. California State Senate Districts
Select one or more of the California State Senate Districts where the proposed project activities will occur. Copy and Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html) in your browser to determine the State Senate district(s).
State Senate 01 State Senate 02 State Senate 03 State Senate 04 State Senate 05 State Senate 06 State Senate 07 State Senate 08 State Senate 09 State Senate 10 State Senate 11 State Senate 12 State Senate 13 State Senate 14 State Senate 15 State Senate 16 State Senate 17 State Senate 18 State Senate 19 State Senate 20 State Senate 21 State Senate 22 State Senate 23 State Senate 24 State Senate 25 State Senate 26 State Senate 27 State Senate 28 State Senate 29 State Senate 30 State Senate 31 State Senate 32 State Senate 33 State Senate 34 State Senate 35 State Senate 36 State Senate 37 State Senate 38 State Senate 39 State Senate 40
2. California State Assembly Districts
Select one or more of the California State Assembly Districts where the proposed project activities will occur.
Copy and Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html) in your browser to determine the State Assembly district(s).
State Assembly 01 State Assembly 02 State Assembly 03 State Assembly 04 State Assembly 05 State Assembly 06 State Assembly 07 State Assembly 08 State Assembly 09 State Assembly 10 State Assembly 11 State Assembly 12 State Assembly 13 State Assembly 14 State Assembly 15 State Assembly 16 State Assembly 17 State Assembly 18 State Assembly 19 State Assembly 20 State Assembly 21 State Assembly 22 State Assembly 23 State Assembly 24 State Assembly 25 State Assembly 26 State Assembly 27 State Assembly 28 State Assembly 29 State Assembly 30 State Assembly 31 State Assembly 32 State Assembly 33 State Assembly 34 State Assembly 35 State Assembly 36 State Assembly 37 State Assembly 38 State Assembly 39 State Assembly 40 State Assembly 41 State Assembly 42 State Assembly 43 State Assembly 44 State Assembly 45 State Assembly 46 State Assembly 47 State Assembly 48 State Assembly 49 State Assembly 50 State Assembly 51 State Assembly 52 State Assembly 53 State Assembly 54 State Assembly 55 State Assembly 56 State Assembly 57 State Assembly 58 State Assembly 59 State Assembly 60 State Assembly 61 State Assembly 62 State Assembly 63 State Assembly 64 State Assembly 65 State Assembly 66 State Assembly 67 State Assembly 68 State Assembly 69 State Assembly 70 State Assembly 71 State Assembly 72 State Assembly 73 State Assembly 74 State Assembly 75 State Assembly 76 State Assembly 77 State Assembly 78 State Assembly 79 State Assembly 80
3. California Congressional Districts
Select one or more of the California Congressional Districts where the proposed project activities will occur.
Copy and Paste the URL (https://www.govtrack.us/congress/members/CA) in your browser to determine the Congressional district(s).
Congressional District 1 Congressional District 2 Congressional District 3 Congressional District 4 Congressional District 5 Congressional District 6 Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION __________________________________________________________________________ Congressional District 7 Congressional District 8 Congressional District 9 Congressional District 10 Congressional District 11 Congressional District 12 Congressional District 13 Congressional District 14 Congressional District 15 Congressional District 16 Congressional District 17 Congressional District 18 Congressional District 19 Congressional District 20 Congressional District 21 Congressional District 22 Congressional District 23 Congressional District 24 Congressional District 25 Congressional District 26 Congressional District 27 Congressional District 28 Congressional District 29 Congressional District 30 Congressional District 31 Congressional District 32 Congressional District 33 Congressional District 34 Congressional District 35 Congressional District 36 Congressional District 37 Congressional District 38 Congressional District 39 Congressional District 40 Congressional District 41 Congressional District 42 Congressional District 43 Congressional District 44 Congressional District 45 Congressional District 46 Congressional District 47 Congressional District 48 Congressional District 49 Congressional District 50 Congressional District 51 Congressional District 52 Congressional District 53
4. County
Select one or more of the California Counties where the proposed project activities will occur.
Alameda Alpine Amador Butte Calaveras Colusa
Contra Costa Del Norte El Dorado Fresno Glenn Humboldt
Imperial Inyo Kern Kings Lake Lassen
Los Angeles Madera Marin Mariposa Mendocino Merced
Modoc Mono Monterey Napa Nevada Orange
Placer Plumas Riverside Sacramento San Benito San
Bernardino
San Diego San Francisco San Joaquin San Luis
Obispo
San Mateo Santa Barbara
Santa Clara Santa Cruz Shasta Sierra Siskiyou Solano
Sonoma Stanislaus Sutter Tehama Trinity Tulare
Tuolumne Ventura Yolo Yuba
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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124
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION __________________________________________________________________________
2. Citation Authority
2 a. Number of Full-Time Boating Safety and/or Boating Law Enforcement Officers do you have? A Boating Safety Law Enforcement Officer is defined in California Code of Regulations, Title 14, Division 4, Chapter 1, Article 4.5.2 as trained personnel authorized and retained to perform on-the-water boating safety and boating law enforcement activities.
0 2 b. Number of Part-Time Boating Safety and/or Boating Law Enforcement Officers (as defined in 2 a) do you have?
3 How many hours per year do they conduct on-the-water patrol and boating safety activities?
542
Is this work seasonal or continuous? Seasonal
3. Does your boating safety and enforcement unit have citation authority? Yes No If YES, Authorizing Code # 830.1 California Penal
Code
a. How many boating safety related citations did your agency issue last calendar year?
10 b. How many boating accidents did your agency respond to in the last calendar year?
5 c. How many BOATING safety related Search and Rescue missions did your agency perform in the last calendar year?
22 d. How many boating drowning recovery missions did your agency perform last year?
0 4. Does your boating safety and enforcement unit have arrest authority? Yes No If YES, Authorizing Code # 830.1 California Penal
Code
How many boating related arrests did you conduct last calendar year? 0
5. How many outreach events with the general public did your agency participate in to promote boating safety education last calendar year? Please list the events and describe how boating safety was promoted.
1 5a.
Event Name Date of Event
What BOATING SAFETY information was
provided at this event?
Forth of July Social Media outreach July 3 2024 Wearing PFD's, BUI awareness Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION ________________________________________________________________________________________________________________ 6. Jurisdiction Table List all waterbodies that are in your jurisdiction and fill in the below chart for each Waterbody Size (area)
List all boating activities (e.g.fishing, water skiing, paddling,etc.) conducted on thiswaterbody.
How many
hours/year
is this
waterbody
patrolled by
your agency
Is theresharedjurisdictionon thiswaterbody?
If shared jurisdiction, list otheragency(s)
Lake Tahoe 191.6 sq miles Fishing, water skiing, , jet skiing, recreational boating, sailing,charter tours and charter fishing,paddle boarding, kayaking, windsurfing, parasailing and wakesurfing 542 Yes El Dorado County Sheriff
US Coast GuardDouglas County Sheriff, NVWashoe County Sheriff, NVPlacer County Sheriff Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26 ________________________________________________________________________________________________________________ 126 Page: 34 of
46 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION __________________________________________________________________________
7. Three RECREATIONAL BOATING safety issues
This is a Federal Pass-Through ‘Recreational Boating Safety Grant’. The purpose of the grant is to promote boating safety and to decrease the number of accidents, injuries, and fatalities on U.S. waters. Clearly identify three BOATING safety issues that affect recreational boaters in your jurisdiction. Your answer to this question will be referenced throughout this grant application.
Environmental Dangers of Lake Tahoe
Lake Tahoe is the largest Alpine Lake in North America and the second deepest only to Crater Lake, Oregon. Lake Tahoe is 21.2 miles north to south and 11.9 miles east to west with a surface area of 191 square miles (122,200 acres). The lake is situated at an altitude of 6224 feet (over a mile high) and is 1,644 feet deep at its deepest point. The water is extremely cold due to the altitude, mountainous climate, and extreme depth. Being in the Sierra Nevada Mountain range, weather can be difficult to predict. We often experience micro-climates where it can suddenly snow in the summer months. We can get high wind gusts (30-45 mph) with little warning and swells up to 6 feet. These unpredictable weather conditions often catch recreational boaters (especially those renting pontoon boats), paddle boarders, Personal Watercraft riders and kayakers off guard. Altitude can have physical effects on people. It can cause shortness of breath, exhaustion and other negative responses from physical activity in the water. Couple that with extremely cold lake water and catastrophic incidents can and do occur. One of the more common calls for service we respond to is searches for paddle boarders or kayakers who were blown away from shore and are unable to self-rescue. In response to this danger, we proactively conduct inspections for safety gear and personal flotation devices (PFD’s). Last fiscal year alone, we encountered 266 personal floatation device violations, 50 of which were for mandatory wearing violation such as children under the age of 13. We handed out 50 PFD’s to paddlers and boaters who either had none, or they had an insufficient number onboard. We terminated four voyages for unseaworthiness of the vessel or lack of safety equipment.
Operator inexperience
Lake Tahoe has an estimated 15 million visitors each summer, and many of them get out on the water. To meet those needs, we have a large rental boat and PWC fleet on the south shore serviced by 5 marinas in California and 2 more nearby in Nevada’s southern shoreline. Lake Tahoe also ranks #3 in the state for private boat rentals with online applications such as boatsetter.com and others. With the exemption of the California Boater Safety Card requirements for rental boats, we often have boat operators who have little to no experience operating a boat, especially in sudden, adverse weather conditions. Boat propeller strikes are a common injury sustained by this demographic which is often fatal if not treated in time. With the main cause being operator error.
Negligent Operation
In the summer months, especially on the weekends, the south shore gets extremely congested with vessel traffic, mixing PWC’s, boats, paddle boarders and kayakers. Large groups of visitors often rent PWC’s together and do not understand the dangers of the lake and dangers of collisions. We have had collisions resulting in fatalities, amputations and head and neck trauma from PWC’s being operated in a negligent manner. Another violation we come across often is stern and bow riders, which due to the combination of inattention by the operators and constant water condition changes, ends up in people falling overboard and at times, into moving propellers. We also find them operating at high speeds within 200 feet of shoreline, where conflicts between the vessels and swimmers and paddle boarders occur. Last fiscal year we conducted 66 enforcement stops for negligent operation violations.
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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127
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION __________________________________________________________________________ Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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128
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION ________________________________________________________________________________________________________________ 8. Inventory List all patrol boats, PWCs and inflatables in your current inventory (Local and State owned). Include boats awarded but not yet received yet.
Year Make CF Number
How many
hours/year is
this used?
What waterbodies is itused on?
Will thisboat besurplused ifawarded anew vessel?
Was thisvesselfunded by aDBW grant?
Is thisvesseloperational?
Is this vessel usedfor anything elsebesides patrolling. Ifso, explain. 2016 Safeboat 5763XG 542 Lake Tahoe No No Yes Training with allied law enforcementagencies
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26 ________________________________________________________________________________________________________________ 129 Page: 37 of
46 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION __________________________________________________________________________
9. Project Type
Are you requesting a new Patrol Boat/PWC or Misc. Equipment.? New Patrol Boat/PWC - see definition below
Equipment / Repairs
NOTE: A “Patrol Boat” is defined as “A Department of Parks and Recreation, Division of Boating and Waterwaysapproved, registered vessel (with or without trailer and/or outboard motor) purchased for use in boating safety and law enforcement activities.” VERIFY THAT YOUR REQUEST IS CORRECTLY CLASSIFIED. Failure to correctly classify may result in disqualification of your grant application. * All items purchased with funding provided by the Division of Boating and Waterways are for the exclusive use of the Boating Safety and Enforcement Unit.
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION __________________________________________________________________________ Misc Equipment Instructions
PLEASE READ THE FOLLOWING CAREFULLY
ENTER INFORMATION IN THIS SECTION ONLY IF YOU SELECTED 'MISC. EQUIPMENT' AS A PROPOSAL TYPE
IF YOU DID NOT SELECT 'MISC. EQUIPMENT' AS A PROPOSAL TYPE, CLICK ON THE NEXT TAB TO
NAVIGATE TO THE NEXT SECTION
Misc. Equipment Items
11. Describe what you are requesting. You may request only FIVE ITEMS TOTAL (patrol boat and equipment). You may group "like items”. “Like items” are related items that work together. You need one to work with the other.
Examples of “like items” include a ‘FLIR and delivery’, ‘replacement boat seat and tax’ or ‘GPS and screen’.
DBW may fund up to 50% of the total cost of fire suppression equipment.
NOTE: Supplies and consumables (i.e: rope, water bottles, cleaning supplies, hardware) are not funding priorities.
Item / Group Name Cost
Quantit
y Total Priority
List specific items that
are in the grouped 'like'
items. Include itemized
list with cost and
quantity.
Attach
one
quote
for each
item in
this
section
Mercury Verado 350
HP Outboards
52,419.43 2.00 104,838.86 First Install two Mercury Verado 350 outboard engies
45776_0
_285_ob
exers
quote.pd
f
TOTAL 104,838.86
Misc. Equipment Items Questions (Mercury Verado 350 HP Outboards)
11. Item Details
11 a. Is this equipment general all-purpose gear? NOTE: person-specific and fitted items will not be funded.
Yes No
11 b. Describe exactly what is being requested and how this equipment will help mitigate the recreational boating safety issues you identified in Question 7. If the requested quantity is more than one for any item, explain the need for multiple items. (max. 2000 characters)
Our agency is requesting $104,838.86 to repower our only patrol vessel which is a 2016 Safeboat.
This repower will include the purchase and installation of two Mercury Verado 350 HP outboards and associated equipment. This vessel is needed to patrol the southern end of Lake Tahoe, with emergency responses anywhere on the Lake. There are times when we are the only available resource to respond to distress calls. Last FY, we responded to 22 search and rescues, assisted 184 people and 63 vessels and conducted over 150 enforcement stops. During the past two seasons, we have had two major breakdowns resulting in approximately $25,000 in repairs and taking our one and only patrol vessel out of service. Our outboards have nearly 3000 hours on each and have reached their end of serviceable life. Maintaining a reliable patrol vessel is critical for the enforcement of safe boating activity, responding to vessels and paddlers in distress and educating our boating community.
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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131
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION __________________________________________________________________________ 11 c. Describe any negative impacts to boating safety and/or boating enforcement if your agency does not receive its requested grant award.
Our agency only has one patrol vessel, and our outboards are near the end of their serviceable life. We have experienced more and more break downs over the past three years and the costs have risen to maintain our outboard motors.. If our vessel has a major breakdown, we will be out of service until repairs can be made. This can take weeks or even longer, depending on parts availability. During that time, we would be dependent on other agencies to respond to emergencies in our jurisdiction, and enforcement would be non-existant since they have thier own area's of responsability to cover.
11 d. Classify this request
Classify this request by choosing one of the following options and present a strong justification for the request
"Critical" (operations would cease without it)
"Increased efficiency" (if it would save staff time, identify how much time) "Convenience" (it would make life a little easier)
"Protection" of existing equipment (ex: shade tents, hoists to get the vessels out of the water, etc. to extend longevity)
Justify your classification of this request. (max. 300 characters) Our outboard engines have approximately 3000 hours each and are reaching their end of serviceable life supported by our recent major breakdowns in the past two boating season. If we lose an engine, we would be out of service until those repairs can be made since we only have one patrol vessel.
Percentage of time on the water this equipment will be used for:
Activity Percentage
Boating Safety Activities 89
Search and Rescue Activities 9
Other Activities 2
TOTAL 100.00
List any other activities this equipment will be used for: (max 300 characters) We conduct training with our allied agencies, but are available for emergency response while conducting that training. We also conduct homeland security type of activities during major events that draw large crowds, such as the Celebrity Golf Tournament, 4th of July fireworks barge protection ect. 11 e. If you are not awarded your full request, would your agency be able to supplement the difference?
Yes No
If yes, what percentage can you supplement?
11 f. What other capabilities exist in your region for this equipment? Justify why it is not feasible to borrow this equipment from a neighboring agency.
We only have one patrol vessel, if it was taken out of service for an extended period we would need to borrow an entire vessel for an unknown amount of time. Most agencies on Lake Tahoe only operate one vessel and would not be able to lend it to us.
11 g. How and why was this particular model selected? Explain if this is standard equipment or do you need something specialized for your waterbody to meet your agency's needs? List less expensive models considered and explain why they are not being requested. List other funding sources available to your agency that could be used to purchase or partially purchase this equipment.
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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132
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION __________________________________________________________________________ Our vessel is currently equipped with 300 HP Mercury outboards. With operating at 6224 feet altitude, we lose approximately 30% power. Our vessel struggles to get on plane when carrying extra passengers, which adds precious time when getting an injured boater to shore for medical attention. We also often respond to emergencies anywhere on the lake. We consulted with Safeboat and this particular outboard was their recommendation. We also must take into consideration warranty work and regular maintenance availability. On Lake Tahoe there are two marinas who are certified Mercury outboard repair facilities that we can access from the Lake. Regarding the City’s ability to partially fund this, we do not have the funds available for the next FY.
Misc. Equipment - Informational
11 h. What body(s) of water will this equipment be used on? Lake Tahoe
11 i. How many hours per month on average will this equipment be used for Boating Safety Enforcement? May through September
0-25 hours per month 26-100 hours per month
101-250 hours per month 251+ hour per month
October through April
0-25 hours per month 26-100 hours per month
101-250 hours per month 251+ hour per month
11 j. Will this equipment be used for anything besides Recreational Boating Safety Enforcement (ie. Junior lifeguard, swimming rescues, enforcing commercial events or other activities, etc.)?
Yes No
If YES, complete the table below
List Other Activity (NOT RECREATIONAL
BOATING RELATED ACTIVITY)
Hours per month on
average this
equipment will be
used for other activity
Commercial Enforcement 5
Special Event Homeland Security activites (Celebrity
Golf Tournament, 4th of July fireworks barge
protection)
10 Swimming Rescues 5
Environmental Protection with Tahoe Reginal
Planning Agency
5 Percentage of time per year this piece of equipment will be used for the following activities. *Estimate the total time this equipment may be used for boating safety activities in a calendar year based on historical data. DBW may verify this information using accident data. Failure to report time correctly in the following chart may result in disqualification of your grant application.
Activity
Average hours
per year this
equipment will
be used
Percentag
e of time
Boating Patrol 478.00 88.19
Search and Rescue Activities 50.00 9.23
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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133
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION __________________________________________________________________________ Accident Investigation 2.00 0.37
Recovery 4.00 0.74
Other Activities (list below) 8.00 1.47
TOTAL: 542.00 100.00
List any other activities this equipment will be used for: (max 300 characters) Training with allied agencies and new operators.
11 k. Select the PRIMARY purpose this equipment will be used for:
Search and rescue
Enforcement of state and local measures
Inspection of vessels
Supervising organized water events
11 l. If Search and Rescue is the primary purpose, list the activity and the number of boating-related emergencies this equipment would have been used for last year doing that activity. Do not include NON-BOATING emergencies (i.e: those related to swimmers)
BOATING-RELATED ACTIVITY
NUMBER OF TIMES
NEEDED LAST YEAR
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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134
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION __________________________________________________________________________ 12 Previous BSEE Grants
FY 23/24 FY 22/23 FY 21/22
Did your agency apply for a BSEE grant ? No No No
Were you awarded a BSEE grant? (leave blank if
No)
Amount awarded: (List amount or leave blank if
No or NA)
Amount spent: (List amount or leave blank if No
or NA)
List the equipment purchased: (List leave
blank if No or NA)
Boating Safety and Enforcement Income
13. Revenue and Expenditures
Boat Tax Revenue 75,110.00
Other Revenue:
a) Other local revenue sources: (Example: launching
facilities, campgrounds, parking, anything that goes
toward marine patrol support)
0.00 b) Any State boating funding sources, including DBW subvention/financial aid:
56,464.00
TOTAL ANNUAL BOATING INCOME IN YOUR OPERATING
BUDGET
131,574.00
TOTAL EXPENDITURES FOR BOATING SAFETY AND
ENFORCEMENT
114,941.63
14. If you participated in the subvention/financial aid program, were all allocated funds expended in the previous closed year?
Yes No NA
If NO, state percentage of remaining funds. 16,632.37
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
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135
Budget Detail for Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
Agency: South Lake Tahoe Police Department
Application: Boating Safety and Enforcement Equipment Grant - FY 2025 / 26 ________________________________________________________________________________________________________________ Line Item Qty Rate UOM Total Req Amount 1 Patrol Boat2 Equipment
Mercury Verado 350 HP Outboards 2.0000 52419.430 104,838.86 104,838.86 3 Adjustment
TOTAL EXPENDITURES 104,838.86 104,838.86
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26 ________________________________________________________________________________________________________________ 136 Page: 44 of
46 Budget Summary for Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
Agency: South Lake Tahoe Police Department
Application: Boating Safety and Enforcement Equipment Grant - FY 2025 / 26 ________________________________________________________________________________________________________________ Category Total Req Amount Narrative 1 Patrol Boat 0.00 0.002 Equipment 104,838.86 104,838.863 Adjustment 0.00 0.00 TOTAL EXPENDITURES 104,838.86 104,838.86
Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26 ________________________________________________________________________________________________________________ 137 Page: 45 of
46 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION __________________________________________________________________________ Applicant Certification
a. Under penalty of perjury, I certify that I have examined this application and the document(s), proposal(s), and statement(s) submitted in conjunction herewith, and that to the best of my information and belief, the information contained herein is true, accurate, correct, and complete. b. I certify that I am the person authorized to submit this application on behalf of the applicant.
Name: Shannon Laney
Title: Boating Safety Officer
Date Signed: 04/30/202
5 Date: 09/23/2025 Contract # C25L0617, South Lake Tahoe Police Department, Boating Safety and Enforcement Equipment Grant - FY 2025 / 26
__________________________________________________________________________ Page: 46 of 46
138
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: October 21, 2025
Agenda Item #:7
Agenda Item: Declaring Police K9 Ford F-150 1289 Surplus and Authorization to Sell to Mono County Sheriff’s Office
Executive Summary: Mono County Sheriff's Office reached out to Police Department Administration, looking to purchase a surplus K9 vehicle. The Police Department has three K9 vehicles. The Police Department does not currently have a K9 handler. Once a handler position is filled, two K9 vehicles remain for use. Mono County Sheriff has agreed to purchase the surplus K9 vehicle for a fair market price of $10,000. The adopted surplus policy allows for the sale of public of items and vehicles that are deemed surplus or have reached the end of their lifecycle.
Requested Action / Suggested Motions: Pass a Resolution declaring Police K9 vehicle 1289 surplus and authorizing the sale of vehicle to Mono County Sheriff's Office for the fair market value of $10,000.
Responsible Staff Member: Lt. Scott Crivelli
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Sale of Surplus K-9 Vehicle.docx
02-Resolution - Sale of Surplus K9 Vehicle.docx
139
Council Agenda Report- October 21, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: October 21, 2025
Title: Declaring Police K9 Ford F-150 1289 Surplus and Authorization to Sell to Mono County Sheriff’s Office
Location: Citywide
Responsible Staff Member: Lieutenant Scott Crivelli
Background: The Police Department currently has three trucks outfitted as K9 vehicles.
The Police Department does not have any K9 handlers at the moment. Mono County Sheriff’s Office reached out to PD admin, looking to add a spare K9 vehicle to their fleet.
Mono County Sheriff’s Office has agreed to pay fair market value of $10,000 to purchase Police K9 Vehicle 1289. The adopted surplus policy allows for the sale of public items and vehicles which are deemed surplus.
Issue and Discussion: Police K9 vehicle 1289, is a spare K9 vehicle at the police department.
The vehicle is a 2017 Ford F-150 with approximately 111,000 miles. Mono County Sheriff’s Office reached out to PD admin and offered to buy a surplus K9 vehicle from the City of South Lake Tahoe, to add a spare to their fleet.
Since the Police Department does not currently have a K9 handler, PD admin and Fleet Services have deemed K9 vehicle 1289 to be surplus. Once PD fills its K9 handler vacancy, two K9 vehicles are still available to be used by a SLT PD K9 handler.
The sale of the truck to Mono County Sheriff’s Office will be “as is.” Fleet services will be removing the police radio, computer components, and axon camera equipment in order to be reinstalled in other fleet vehicles. The vehicle will retain the emergency lighting equipment, siren, and K9 transport rear kennel.
Financial Implications: After discussion with Fleet management, a fair market value of $10,000 was determined for the K9 vehicle. Mono County Sheriff’s Office has agreed to purchase the surplus K9 vehicle for $10,000. The proceeds from the sale will be deposited into the PD vehicle replacement account (21102110 46130) to be used on future vehicle and vehicle equipment purchases.
140
Council Agenda Report- October 21, 2025 Page 2 of 2
Environmental Considerations: This is not a ‘project’ subject to review under the California Environmental Quality Act (CEQA) under CEQA guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies).
Policy Implications: Proceeds from the sale will assist offset the cost of purchasing vehicles for the PD in the future. Maintaining an operational police vehicle fleet supports the following strategic priorities:
- Priority 3: Ensure Public Safety
The adopted surplus policy (within Financial Policies: Preserving Capital Investments – Fixed Assets Capitalization and Inventory Control Policy) allows for the sale of public items and vehicles that are deemed surplus or have reached the end of their lifecycle. 141
Resolution 2025-XXX October 21, 2025 Page 1 of 1
Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
October 21, 2025
Declaring Police K9 Vehicle 1289 Surplus and Authorization to Sell Vehicle to Mono County Sheriff’s Office
BACKGROUND
A. Police Department K9 Vehicle 1289 is one of three K9 vehicles in our fleet. It is a spare K9 vehicle, model year 2017 with 111,000 miles. The Police Department does not have a K9 handler at the moment, and once filled, still has two K9 vehicles to be utilized.
B. Mono County Sheriff’s Office has agreed to pay the fair market value of $10,000 to purchase the K9 Vehicle 1289.
C. The adopted surplus policy allows for the sale of public items and vehicles that deemed surplus and/or have reached the end of their serviceable lifecycle.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Declares Police K9 vehicle 1289 to be surplus and authorizes the sale of the vehicle to Mono County Sheriff’s Office for $10,000.
Adopted by the City of South Lake Tahoe City Council on October 21, 2025 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
142
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: October 21, 2025
Agenda Item #:8
Agenda Item: Sale of Surplus Property
Executive Summary: Fleet Services has evaluated the City's current inventory of vehicles and equipment and generated a list of items for auction. Fleet Services has provided the rationale for declaring the listed items as surplus and directing the sale of City assets. The items listed have reached the end of their serviceable lifecycle or are otherwise not repairable. The adopted surplus policy allows for the sale to the public of items and vehicles that are deemed surplus or have reached the end of their lifecycle. Staff is requesting the City Council pass the attached resolution directing the sale of vehicles, equipment, and other assets.
Requested Action / Suggested Motions: Pass a Resolution declaring certain vehicles and equipment as surplus and directing the sale of vehicles, equipment, and other City assets.
Responsible Staff Member: John Dickinson, Interim Director of Public Works, and Phil Harwood, Fleet Supervisor
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
02-Resolution-Sale of Surplus Property.docx
03- Exhibit A Surplus list 2025
01-Staff Report-Sale of Surplus Property.docx
143
Council Agenda Report October 21, 2025 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: October 21, 2025
Title: Sale of Surplus
Property Location: Citywide
Responsible Staff Member: John Dickinson, Interim Director of Public Works, and Phil Harwood, Supervisor Fleet Manager
Background: Fleet Services has evaluated the listed items and provided the rationale that the items have reached the end of their serviceable lifecycle or are otherwise not repairable. The adopted surplus policy (within Financial Policies: Preserving Capital Investments – Fixed Assets Capitalization and Inventory Control Policy) allows for the sale of public items and vehicles that are deemed surplus or have reached the end of their lifecycle (See Exhibit A).
Issue and Discussion: The attached listing of proposed auction items includes a list of vehicles along with a brief justification for the recommendation to dispose of each asset. Along with the various vehicles and equipment, is the request to dispose of various small tools, surplus items from warehouse stock, and other items of lesser value that reached their service life and/or have become inoperable.
Financial Implications: Auction proceeds generate revenue and will be used to offset the cost to purchase vehicles and/or equipment in the FY 2025/26 budget year. Fleet Services uses large cooperative governmental auctions. These auctions historically return higher proceeds and offer greater accountability.
Environmental Considerations: This action is not a project requiring environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(5) (organizational or administrative activities that will not result in a direct or indirect physical change in the environment).
Policy Implications: Proceeds from the proposed auction will be used to purchase replacement assets, lowering the overall cost of replacements. Replacing old vehicles and equipment lowers maintenance & supply costs. New equipment designs often improve efficiencies and the reduced maintenance downtime will reduce labor hours required for maintenance and increase the availability of equipment, also lowering costs. 144
Resolution 2025-XXX October 21 2025 Page 1 of 1
Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
October 21, 2025
Declaring certain vehicles and equipment as surplus and directing the Sale of Vehicles, Equipment, and other City Assets
BACKGROUND
A. In the listing attached hereto as Exhibit A, Fleet Services has evaluated the listed items and provided the rationale that the items have reached the end of their serviceable lifecycle.
B. The attached listing was reviewed by the Fleet Supervisor and the Director of Public Works, and it was determined to be in the interest of the City that these items be auctioned.
C. The adopted surplus policy allows for the sale of public items and vehicles that are deemed surplus and/or have reached the end of their serviceable lifecycle.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Declares certain vehicles and equipment as surplus.
2. Authorizes the Fleet Supervisor to sell the items on Exhibit A (attached hereto) in a public governmental contracted auction.
Adopted by the City of South Lake Tahoe City Council on October 21, 2025, by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
145
Exhibit A – Surplus Property list
Unit # Make Model Year Miles Condition – Notes
1003 Ford Interceptor 2016 84,088 Past service life – Cost to date exceeding for M R
1279 Ford Taurus 2014 97,728 Past service life – Cost to date exceeding for M R
1286 Ford Interceptor 2016 65,900 Past service life – Cost to date exceeding for M R
1287 Ford Interceptor 2016 66,014 Past service life – Cost to date exceeding for M R
1288 Ford Interceptor 2016 93,540 Past service life – Cost to date exceeding for M R
9035 Water
trailer 100 gal 1980 Trailer Past service life
9103 Tacker
trailer 90 1990 Trailer Past service life
146
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: October 21, 2025
Agenda Item #:9
Agenda Item: Purchase Agreement with Cadence Team, Inc. for Networking and IT Equipment for the Multigenerational Recreation and Aquatic Center
Executive Summary: On March 25, 2025, City Council approved $1,470,531 towards the procurement of furniture, fixtures and equipment (FF&E) for the new Recreation & Aquatics Center. The new Recreation & Aquatics Center has many locations that require FF&E to support its operations and programming needs. Since the original budget approval, three contracts have been awarded to support this effort. Following these and several additional planned purchases, funding remains available within the original budget to support remaining equipment needs. Staff worked with Cadence Team to procure Networking and IT Equipment necessary for building operation. Cadence Team provided staff with a quote for $117,679.37 for the purchase, storage, delivery and installation assistance of the equipment.
Additional installation efforts are potentially required and staff is recommending additional allowance for a total amount of $130,000 NTE.
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Purchase Agreement with Cadence Team, Inc. in the amount of $130,000 for the purchase & delivery of networking and IT equipment for the new Multigenerational Recreation and Aquatic Center.
Responsible Staff Member: Ricky Riddle, Construction Manager/Facilities Program Manager & Sebastian Knapp, IT Manager
Reviewed and Approved By: John Dickinson, Interim Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Contract with Cadence-IT.docx
02-Cadence Quote.pdf
03-Purchase Agreement Cadence.pdf
04-NASPO_Master_Agreement.pdf
05-NASPO_CA.pdf
147
City Council Agenda Report October 21, 2025 Page 1 of 2 City of South Lake Tahoe
Report to City Council
Meeting Date: October 21, 2025
Title: Award of Purchase Order to Cadence Team to Purchase Networking and IT Equipment at the New Multigenerational Recreation and Aquatic Center
Location: 1150 Rufus Allen Blvd
Responsible Staff Member: Ricky Riddle, Construction Manager/Facilities Program Manager & Sebastian Knapp, IT Manager
Background:
On March 25, 2025, City Council approved $1,470,531 towards the procurement of furniture, fixtures and equipment (FF&E) for the new Recreation & Aquatics Center. The new Recreation & Aquatics Center has many locations that require FF&E to support its operations and programming needs. Since the original budget approval, three contracts have been awarded to support this effort. A contract in the amount of $237,875.80 was awarded to Meteor Education for partial furnishing of the facility. A second contract, valued at $120,021.47, was awarded to Freemotion for the purchase of exercise equipment. The third contract totaling $85,847.32 was approved for the purchase, delivery and installation of batting cages. Following these and several additional planned purchases, funding remains available within the original budget to support remaining equipment needs. Staff worked with Cadence Team to procure Networking and IT Equipment necessary for building operation. Cadence Team provided staff with a quote for $117,679.37 for the purchase, storage, delivery and installation assistance of the equipment.
Additional installation efforts are potentially required and staff is recommending additional allowance for a total amount of $130,000 NTE.
Issue and Discussion: The Cadence Team holds a cooperative agreement through the NASPO contract number AR3228. To utilize the contract, agencies must reference the contract AR3228 on official purchase documentation that allows public sector entities to utilize their master agreement to procure this equipment
Cadence will provide the equipment, storage, delivery and installation assistance to CSLT IT staff.
Financial Implications: The total cost of the equipment delivery, storage and installation is not to exceed $130,000, as outlined in the attached Purchase Order. The project will be funded 148
City Council Agenda Report October 21, 2025 Page 2 of 2 from the New Rec Center FF&E Account 301-70023, which has sufficient budget remaining from the previously approved allocation.
Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies) Policy Implications: This action is consistent with the 2025-2030 Strategic Plan Strategic Priority 7.1 complete the new Recreation and Swim Complex and maintain the current complex in the meantime and 7.7 Continue to improve access for people of all abilities to all public spaces. 149
Remittance Address:
4010 Foothills Blvd, Ste 103 PMB205 Phone: 844.934.8326 Roseville, CA 95747 Fax: 844.923.5878
www.cadence.team
Company: City of South Lake Tahoe Date: 9/8/2025 Expiration: 9/30/2025 Attn: Gabe Raab Shipping Method: GROUND Sales Rep: Jeremy_Caudill Project: New Rec Center - PA460 Option Est. Delivery: TBD Direct: 916.710.8264 Contract #: NASPO AR3228 Terms: NET30 Email: [email protected] Part Number Description Qty. List Price Unit Price Extended Tx Disc % Switch - MDF
R8Q71A HPE Aruba Networking 6200M 36G 12SR5 Class6 PoE 4SFP+ Switch
2 $15,499.00 $7,749.50 $15,499.00 T 50%
JL086A HPE Aruba Networking X372 54VDC 680W 100–240VAC
Power Supply
4 $1,022.00 $511.00 $2,044.00 T 50%
J9281D HPE Aruba Networking 10G SFP+ to SFP+ 1m Direct Attach Copper Cable (J9281D
4 $164.00 $82.00 $328.00 T 50%
2 x stacking and 2x firewall
J9150D HPE Aruba Networking 10G SFP+ LC SR 300m MMF
Transceiver
2 $1,454.00 $727.00 $1,454.00 T 50%
Switch- IDF 1st Floor
R8Q71A HPE Aruba Networking 6200M 36G 12SR5 Class6 PoE 4SFP+ Switch
1 $15,499.00 $7,749.50 $7,749.50 T 50%
JL086A HPE Aruba Networking X372 54VDC 680W 100–240VAC
Power Supply
2 $1,022.00 $511.00 $1,022.00 T 50%
J9150D HPE Aruba Networking 10G SFP+ LC SR 300m MMF
Transceiver
1 $1,454.00 $727.00 $727.00 T 50%
Switch- IDF 2nd Floor
R8Q71A HPE Aruba Networking 6200M 36G 12SR5 Class6 PoE 4SFP+ Switch
1 $15,499.00 $7,749.50 $7,749.50 T 50%
JL086A HPE Aruba Networking X372 54VDC 680W 100–240VAC
Power Supply
2 $1,022.00 $511.00 $1,022.00 T 50%
J9150D HPE Aruba Networking 10G SFP+ LC SR 300m MMF
Transceiver
1 $1,454.00 $727.00 $727.00 T 50%
Wireless
R7J28A HPE Aruba Networking AP-635 (US) Tri-radio 2x2:2 802.11ax Wi-Fi 6E Internal Antennas Campus AP
10 $1,395.00) $697.50 $6,975.00 T 50%
S0J40A HPE Aruba Networking AP-MNTMP10-U 1 $545.00) $272.50 $272.50 T 50% S0P50A HPE Aruba Networking AP-675 (US) Tri Radio 2x2 Wi-Fi 6E Internal Omni-Directional Outdoor AP
5 $3,295.00) $1,647.50 $8,237.50 T 50%
JW053A AP-270-MNT-V2 270 Series Mt Kit 5 $154.00) $77.00 $385.00 T 50% Aruba Central
Q9Y75AAE HPE Aruba Networking Central Switch 6200/29xx Foundation 5-Year Subscription E-STU
4 $1,490.00 $745.00 $2,980.00 N 50%
Q9Y60AAE HPE Aruba Networking Central AP Foundational 5-year Subscription E-STU
15 $505.00) $277.75 $4,166.25 N 45%
Firewall
PAN-PA-460 Palo Alto Networks PA-460 1 $5,025.00 $4,020.00 $4,020.00 T 20% PAN-PA-400-RACKTRAY Rack mountable tray for up to two PA-400s and 4 power adapters for a 4 post rack mount (PA-440/450/460 models only) 1 $210.00 $178.50 $178.50 T 15% PAN-SVC-PREM-460-5YR PA-460, Premium support, 5 years (60 months), term. 1 $4,996.00 $4,746.20 $4,746.20 N 5% PAN-PA-460-BNDCORESEC-5YRPA-460, Precision AI Network Security Subscription Bundle (Advanced Threat Prevention, Advanced URL Filtering,
Advanced Wildfire, Advanced DNS Security and Advanced SDWAN ), 5 years (60 months) term 1 $14,275.00 $12,133.75 $12,133.75 N 15%
Server
P71686-005 HPE DL360 G11 4510 64G MR408I-O 8SFF SVR PL-78 1 $6,705.00 $4,358.25 $4,358.25 T 35% P40499-B21 HPE 1.92TB SATA RI SFFBC MV SSD PL- SI 4 $2,962.00 $1,629.10 $6,516.40 T 45% BD505A HPE ILO ADV 1-SVR LIC 3YR SUP NO DEAL REG PL=4U 1 $469.00 $257.95 $257.95 T 45% HW2P7E HPE 5Y TC ESS ILO ADV NON BL SVC PL-K3 1 $67.00 $36.85 $36.85 N 45% H44ZCE HPE 5YTCBAS DL360G11 SMART CHOICE SVC PL-96 1 $1,311.00 $721.05 $721.05 N 45% INTG-MLSVCSV1-HB8986 SERVER/BLADE -1-5 HW 1-99 SERVER/BLADE 1 $97.00 $0.00 $0.00 N 100% UPS - IDFs
SRT1500RMXLA SMART UPS SRT 1500VA RM 120V
120V5-15P 6OUT 5-15R
2 $2,505.00 $1,503.00 $3,006.00 N 40%
WBEXTWAR3YR-SP-04 3YR EXTENDED WARRANTY 24X7 2 $486.00 $340.20 $680.40 N 30% AP9640 UPS NETWORK MANAGEMENT CARD
WITH POWERCHUTE NETWORK
SHUTDOWN
2 $538.00 $376.60 $753.20 N 30%
150
UPS - MDF
SRT5KRMXLT SMARTUPS SRT 5000VA RM 208V 1 $10,225.00 $6,135.00 $6,135.00 N 40% WBEXTWAR3YR-SP-06 3YR EXTENDED WARRANTY 1 $1,885.00 $1,319.50 $1,319.50 N 30% AP7540 BASIC PDU 208V 20A 0U RM 20XC13
4XC19
1 $564.00 $394.80 $394.80 N 30%
Professional Services
I-1-OST Cadence Team - On-site Installation and Configuration 1 $5,000.00) $5,000.00 $5,000.00 N 0% Taxable: $69,523.10
Non Taxable: $42,073.00
Tax: $6,083.27
Credit: $0.00
Freight: $0.00
Total: $117,679.37
Tax Rate: 8.750%
Terms and Conditions
Warranty: NA
Maintenance: NA
Terms: No Returns
Equipment: All orders invoice upon receipt of purchase order Customer Signature authorizes Cadence Team to process the order in place of a purchase order. Prices are subject to change after the expiration date of the quote.
Customer Signature:
Print:
Title:
Date:
151
CITY OF SOUTH LAKE TAHOE
PURCHASE AGREEMENT
This Agreement is made and entered into as of the 21st day of October 2025 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Cadence Team Inc. (“Vendor”).
RECITALS
A. Vendor is specially trained, experienced and competent to perform the special services which will be required by this Agreement.
B. Vendor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
AGREEMENT
1. Scope of Agreement. Vendor shall provide the goods/materials/products set forth in this agreement and described more fully in the Exhibit A, “Description of Goods/Materials/Products,” attached hereto and incorporated herein by reference (hereinafter the “product(s)”). Exhibit A further sets forth the requirements for delivery of the product(s), including requirements for installation, maintenance, servicing, etc.
2. Term/Time of Performance. The goods/materials/services described in Exhibit A shall be delivered to the City on or before February 28th, 2026.
3. Compensation. Compensation to be paid to Vendor shall be in accordance with Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Vendor’s compensation exceed $130,000 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Vendor shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item set forth in Exhibit A.
4. Expiration and Termination of Agreement. This Agreement shall expire upon written confirmation from the City that Vendor has delivered product(s) in 152
compliance with the scope set forth in Exhibit A. Such confirmation shall not be unreasonably withheld.
The City may terminate this agreement if Vendor fails to deliver product(s) and comply with the terms of Exhibit A within ten (10) days of the date of delivery set forth in paragraph two (2) herein.
5. Independent Contractor. It is understood that Vendor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.
Vendor shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Vendor hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors or subcontractors hired or retained by Vendor are employees, agents, contractors or subcontractors of Vendor and not of the City.
City is not required to make any deductions or withholdings form the compensation payable to Vendor under the provisions of this Contract, and is not required to issue W-2 Forms for income and employment tax purposes for any of Vendor’s assigned personnel. Any third party persons employed by Vendor shall be entirely and exclusively under the direction, supervision, and control of Vendor. Vendor hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract.
6. Interest of Vendor. Vendor, (and principals, associates and professional employees of Vendor) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Vendor’s services hereunder.
Vendor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
7. Professional Ability of Vendor. City has relied upon the professional training and ability of Vendor to provide the product(s) hereunder as a material inducement to enter into this Agreement. Vendor shall therefore provide 153
properly skilled professional and technical personnel to perform all tasks related to delivery of the product(s), etc. as set forth in Exhibit A.
8. Compliance with Laws. Vendor shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulations in carrying out his/her duties under this Agreement. Vendor shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments.
9. Licenses. Vendor represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Vendor to engage in this Agreement. Vendor represents and warrants to City that Vendor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Vendor.
Vendor shall maintain a City of South Lake Tahoe business license at all times during this Agreement. Vendor acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.
10.Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
11. Indemnity. Vendor hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Vendor’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City. Vendor agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Vendor’s negligent acts, errors, omissions, regarding this Agreement, the Vendor’s work under this Agreement, or the Vendor’s Scope of Work.
City does not, and shall not, waive any rights against Vendor which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Vendor, of any of the insurance policies hereinafter set forth.
154
12. Warranty. Vendor will provide warranty language.
13. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.
Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Vendor:
Provide a copy to:
14.Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Vendor. Assignments of any or all rights, duties or obligations of the Vendor under this Agreement will be permitted only with the express consent of City. Vendor shall not subcontract any portion of the Agreement without the written authorization of City. If City consents to such subcontract, Vendor shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of 155
any monies due to any such subcontractor other than as otherwise required by law.
15.Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
16.Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.
17.Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.
18.Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any Vendor or person, other than the independent contractors hired in accordance with Vendor’s standard business practice, to solicit or secure this Agreement. Further, Vendor warrants that it has not paid nor has it agreed to pay any Vendor or person, other than a bona fide employee working solely for Vendor or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
19.Amendments. This Agreement may be modified or amended only by a written document executed by both Vendor and City and approved as to form by the City Attorney.
20.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
21.Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Vendor. All prior written and oral 156
communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
22. Time is of the Essence. Time is of the essence for this Agreement.
23.Authority to Enter Agreement. Vendor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE: VENDOR:
By___________________________ By ________________________________ Mayor Name, Title
Date ________________________ Date _____________________________ Business License # __________________
APPROVED AS TO FORM:
By____________________________ Date _____________________________ City Attorney
ATTEST:
By____________________________ Date ____________________________ City Clerk
Attachments:
Exhibit A – Description of Goods/Materials/Products
157
Exhibit B – Compensation
Exhibit C - Anti-Lobbying Certification
158
EXHIBIT A
Description of Goods/Materials/Products
159
Remittance Address:
4010 Foothills Blvd, Ste 103 PMB205 Phone: 844.934.8326 Roseville, CA 95747 Fax: 844.923.5878
www.cadence.team
Company: City of South Lake Tahoe Date: 9/8/2025 Expiration: 9/30/2025 Attn: Gabe Raab Shipping Method: GROUND Sales Rep: Jeremy_Caudill Project: New Rec Center - PA460 Option Est. Delivery: TBD Direct: 916.710.8264 Contract #: NASPO AR3228 Terms: NET30 Email: [email protected] Part Number Description Qty. List Price Unit Price Extended Tx Disc % Switch - MDF
R8Q71A HPE Aruba Networking 6200M 36G 12SR5 Class6 PoE 4SFP+ Switch
2 $15,499.00 $7,749.50 $15,499.00 T 50%
JL086A HPE Aruba Networking X372 54VDC 680W 100–240VAC
Power Supply
4 $1,022.00 $511.00 $2,044.00 T 50%
J9281D HPE Aruba Networking 10G SFP+ to SFP+ 1m Direct Attach Copper Cable (J9281D
4 $164.00 $82.00 $328.00 T 50%
2 x stacking and 2x firewall
J9150D HPE Aruba Networking 10G SFP+ LC SR 300m MMF
Transceiver
2 $1,454.00 $727.00 $1,454.00 T 50%
Switch- IDF 1st Floor
R8Q71A HPE Aruba Networking 6200M 36G 12SR5 Class6 PoE 4SFP+ Switch
1 $15,499.00 $7,749.50 $7,749.50 T 50%
JL086A HPE Aruba Networking X372 54VDC 680W 100–240VAC
Power Supply
2 $1,022.00 $511.00 $1,022.00 T 50%
J9150D HPE Aruba Networking 10G SFP+ LC SR 300m MMF
Transceiver
1 $1,454.00 $727.00 $727.00 T 50%
Switch- IDF 2nd Floor
R8Q71A HPE Aruba Networking 6200M 36G 12SR5 Class6 PoE 4SFP+ Switch
1 $15,499.00 $7,749.50 $7,749.50 T 50%
JL086A HPE Aruba Networking X372 54VDC 680W 100–240VAC
Power Supply
2 $1,022.00 $511.00 $1,022.00 T 50%
J9150D HPE Aruba Networking 10G SFP+ LC SR 300m MMF
Transceiver
1 $1,454.00 $727.00 $727.00 T 50%
Wireless
R7J28A HPE Aruba Networking AP-635 (US) Tri-radio 2x2:2 802.11ax Wi-Fi 6E Internal Antennas Campus AP
10 $1,395.00) $697.50 $6,975.00 T 50%
S0J40A HPE Aruba Networking AP-MNTMP10-U 1 $545.00) $272.50 $272.50 T 50% S0P50A HPE Aruba Networking AP-675 (US) Tri Radio 2x2 Wi-Fi 6E Internal Omni-Directional Outdoor AP
5 $3,295.00) $1,647.50 $8,237.50 T 50%
JW053A AP-270-MNT-V2 270 Series Mt Kit 5 $154.00) $77.00 $385.00 T 50% Aruba Central
Q9Y75AAE HPE Aruba Networking Central Switch 6200/29xx Foundation 5-Year Subscription E-STU
4 $1,490.00 $745.00 $2,980.00 N 50%
Q9Y60AAE HPE Aruba Networking Central AP Foundational 5-year Subscription E-STU
15 $505.00) $277.75 $4,166.25 N 45%
Firewall
PAN-PA-460 Palo Alto Networks PA-460 1 $5,025.00 $4,020.00 $4,020.00 T 20% PAN-PA-400-RACKTRAY Rack mountable tray for up to two PA-400s and 4 power adapters for a 4 post rack mount (PA-440/450/460 models only) 1 $210.00 $178.50 $178.50 T 15% PAN-SVC-PREM-460-5YR PA-460, Premium support, 5 years (60 months), term. 1 $4,996.00 $4,746.20 $4,746.20 N 5% PAN-PA-460-BNDCORESEC-5YRPA-460, Precision AI Network Security Subscription Bundle (Advanced Threat Prevention, Advanced URL Filtering,
Advanced Wildfire, Advanced DNS Security and Advanced SDWAN ), 5 years (60 months) term 1 $14,275.00 $12,133.75 $12,133.75 N 15%
Server
P71686-005 HPE DL360 G11 4510 64G MR408I-O 8SFF SVR PL-78 1 $6,705.00 $4,358.25 $4,358.25 T 35% P40499-B21 HPE 1.92TB SATA RI SFFBC MV SSD PL- SI 4 $2,962.00 $1,629.10 $6,516.40 T 45% BD505A HPE ILO ADV 1-SVR LIC 3YR SUP NO DEAL REG PL=4U 1 $469.00 $257.95 $257.95 T 45% HW2P7E HPE 5Y TC ESS ILO ADV NON BL SVC PL-K3 1 $67.00 $36.85 $36.85 N 45% H44ZCE HPE 5YTCBAS DL360G11 SMART CHOICE SVC PL-96 1 $1,311.00 $721.05 $721.05 N 45% INTG-MLSVCSV1-HB8986 SERVER/BLADE -1-5 HW 1-99 SERVER/BLADE 1 $97.00 $0.00 $0.00 N 100% UPS - IDFs
SRT1500RMXLA SMART UPS SRT 1500VA RM 120V
120V5-15P 6OUT 5-15R
2 $2,505.00 $1,503.00 $3,006.00 N 40%
WBEXTWAR3YR-SP-04 3YR EXTENDED WARRANTY 24X7 2 $486.00 $340.20 $680.40 N 30% AP9640 UPS NETWORK MANAGEMENT CARD
WITH POWERCHUTE NETWORK
SHUTDOWN
2 $538.00 $376.60 $753.20 N 30%
160
UPS - MDF
SRT5KRMXLT SMARTUPS SRT 5000VA RM 208V 1 $10,225.00 $6,135.00 $6,135.00 N 40% WBEXTWAR3YR-SP-06 3YR EXTENDED WARRANTY 1 $1,885.00 $1,319.50 $1,319.50 N 30% AP7540 BASIC PDU 208V 20A 0U RM 20XC13
4XC19
1 $564.00 $394.80 $394.80 N 30%
Professional Services
I-1-OST Cadence Team - On-site Installation and Configuration 1 $5,000.00) $5,000.00 $5,000.00 N 0% Taxable: $69,523.10
Non Taxable: $42,073.00
Tax: $6,083.27
Credit: $0.00
Freight: $0.00
Total: $117,679.37
Tax Rate: 8.750%
Terms and Conditions
Warranty: NA
Maintenance: NA
Terms: No Returns
Equipment: All orders invoice upon receipt of purchase order Customer Signature authorizes Cadence Team to process the order in place of a purchase order. Prices are subject to change after the expiration date of the quote.
Customer Signature:
Print:
Title:
Date:
161
EXHIBIT B
COMPENSATION
Total compensation not to exceed $130,000
Include all taxes, shipping, handling, fees and discounts 162
EXHIBIT C
ANTI-LOBBYING CERTIFICATION
Vendor shall submit to City this certification prior to or at the time of the execution of this Agreement.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.
The undersigned certifies, to the best of his or her knowledge or belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction.
Vendor:
Name, Title
By:________________________________________
163
Contract #: AR3228
STATE OF UTAH COOPERATIVE CONTRACT
1. CONTRACTING PARTIES: This contract is between the Utah Division of Purchasing and the following Contractor:
Hewlett Packard Enterprise Company
Name
14231 Tandem Blvd.
Street Address
Austin TX 78728
City State Zip
Vendor # VC195597 Commodity Code #: 920-05 Legal Status of Contractor: Corporation Contact Name: Nancy Schwarz Phone Number: 480-636-0267 Email: [email protected]
2. CONTRACT PORTFOLIO NAME: Data Communications Products and Services.
3. GENERAL PURPOSE OF CONTRACT: Provide Data Communications Products and Services for the Award Categories provided in Attachment B – Scope of Work..
4. PROCUREMENT: This contract is entered into as a result of the procurement process on FY2018, Solicitation# SK18001
5. CONTRACT PERIOD: Effective Date: Tuesday, October 01, 2019. Termination Date: Monday, September 30, 2024 unless terminated early or extended in accordance with the terms and conditions of this contract. Renewal Options: Two (2) one year renewal options.
6. Administrative Fee (if any): Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one-quarter of one percent (0.25% or 0.0025) of contract sales no later than 60 days following the end of each calendar quarter. The NASPO ValuePoint Administrative Fee shall be submitted quarterly and is based on sales of the Services
7. Prompt Payment Discount Details (if any): N/A.
8. ATTACHMENT A: NASPO ValuePoint Master Terms and Conditions ATTACHMENT B: Scope Awarded to Contractor
ATTACHMENT C: Pricing Discounts and Value Added Services ATTACHMENT D: State and Local Government and Education Customer Return Policy; EULA Any conflicts between Attachment A and the other Attachments will be resolved in favor of Attachment A.
9. DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOT ATTACHED:
a. All other governmental laws, regulations, or actions applicable to the goods and/or services authorized by this contract. b. Utah Procurement Code, Procurement Rules, and Contractor’s response to solicitation # SK18001.
10. Each signatory below represents that he or she has the requisite authority to enter into this contract.
IN WITNESS WHEREOF, the parties sign and cause this contract to be executed. Notwithstanding verbal or other representations by the parties, the “Effective Date” of this Contract shall be the date provided within Section 5 above.
CONTRACTOR DIVISION OF PURCHASING
Chris Backs
Chris Backs (Jul 31, 2019)
Jul 31, 2019
Contractor's signature Date Director, Division of Purchasing Date Chris Backs
Type or Print Name and Title
Contract Negotiator
Internal Contract Tracking #: Solicitation #: SK18001 Vendor #: VC195597 164 Attachment A: Page 1 of 31
Note: sections negotiated 2, 8, 13, 14, 15, 16,
17, 18, 19, 20, 24, 25, 28, 29, 30, 32, 34, 35,
36, 39, 42, 45, 46, 47, 48, 49, 50, and 51.
Attachment A: NASPO ValuePoint Master Agreement Terms and Conditions
1. Master Agreement Order of Precedence
a. Any Order placed under this Master Agreement shall consist of the following documents:
(1) A Participating Entity’s Participating Addendum (“PA”); (2) NASPO ValuePoint Master Agreement Terms & Conditions; (3) A Purchase Order issued against the Master Agreement, including a Service Level Agreement;
(4) The Solicitation; and
(5) Contractor’s response to the Solicitation, as revised (if permitted) and accepted by the Lead State.
b. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment.
2. Definitions - Unless otherwise provided in this Master Agreement, capitalized terms will have the meanings given to those terms in this Section.
Acceptance is defined by the applicable commercial code, except Acceptance shall not occur before the completion of delivery in accordance with the Order, installation if required, and a reasonable time for inspection of the Product.
Contractor means the person or entity delivering Products or performing services under the terms and conditions set forth in this Master Agreement.
Data means all information, whether in oral or written (including electronic) form, created by or in any way originating with a Participating Entity or Purchasing Entity, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with a Participating Entity or Purchasing Entity, in the course of using and configuring the Services provided under this Agreement.
Data Breach means any actual non-authorized access to or acquisition of computerized Non-Public Data or Personal Data that compromises the security, confidentiality, or integrity of the Non-Public Data or Personal Data, or the ability of Purchasing Entity to 165
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access the Non-Public Data or Personal Data.
Disabling Code means computer instructions or programs, subroutines, code, instructions, data or functions, (including but not limited to viruses, worms, date bombs or time bombs), including but not limited to other programs, data storage, computer libraries and programs that self-replicate without manual intervention, instructions programmed to activate at a predetermined time or upon a specified event, and/or programs purporting to do a meaningful function but designed for a different function, that alter, destroy, inhibit, damage, interrupt, interfere with or hinder the operation of the Purchasing Entity’s’ software, applications and/or its end users processing environment, the system in which it resides, or any other software or data on such system or any other system with which it is capable of communicating.
Embedded Software means one or more software applications which permanently reside on a computing device.
Fulfillment Partner means a third-party contractor qualified and authorized by Contractor, and approved by the Participating State under a Participating Addendum, who may, to the extent authorized by Contractor, fulfill any of the requirements of this Master Agreement including but not limited to providing Services under this Master Agreement and billing Customers directly for such Services. Contractor may, upon written notice to the Participating State, add or delete authorized Fulfillment Partners as necessary at any time during the contract term. Fulfillment Partner has no authority to amend this Master Agreement or to bind Contractor to any additional terms and conditions.
Intellectual Property means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein.
Lead State means the State centrally administering any resulting Master Agreement(s).
Master Agreement means the underlying agreement executed by and between the Lead State, acting on behalf of the NASPO ValuePoint program, and the Contractor, as now or hereafter amended.
NASPO ValuePoint is the NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, a 501(c)(3) limited liability company that is a subsidiary organization the National Association of State Procurement Officials (NASPO), the sole member of NASPO ValuePoint. NASPO ValuePoint facilitates administration of the NASPO cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states, the District of Columbia, and territories of the United States. NASPO ValuePoint is identified in the Master Agreement as the recipient of reports and may perform contract administration functions relating to collecting and 166
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receiving reports as well as other contract administration functions as assigned by the Lead State.
Order or Purchase Order means any purchase order, sales order, contract or other document used by a Purchasing Entity to order the Products. The accepted order may include any supporting materials which the parties identify as incorporated either by attachment or reference (“Supporting Materials”). Supporting Materials may include (as examples) product lists, hardware or software specifications, standard or negotiated service descriptions, data sheets and their supplements, supplementary terms, policies, and statements of work (SOWs), published warranties and service level agreements, and may be available to Participating Entity in hard copy or by accessing a designated Contractor website.
Participating Addendum means a bilateral agreement executed by a Contractor and a Participating Entity incorporating this Master Agreement and any other additional Participating Entity specific language or other requirements, e.g. ordering procedures specific to the Participating Entity, other terms and conditions.
Participating Entity means a state, or other legal entity, properly authorized to enter into a Participating Addendum.
Participating State means a state, the District of Columbia, or one of the territories of the United States that is listed in the Request for Proposal as intending to participate.
Upon execution of the Participating Addendum, a Participating State becomes a Participating Entity; however, a Participating State listed in the Request for Proposal is not required to participate through execution of a Participating Addendum.
Personal Data means data alone or in combination that includes information relating to an individual that identifies the individual by name, identifying number, mark or description can be readily associated with a particular individual and which is not a public record. Personal Information may include the following personally identifiable information (PII): government-issued identification numbers (e.g., Social Security, driver’s license, passport); financial account information, including account number, credit or debit card numbers; or Protected Health Information (PHI) relating to a person.
Product means any equipment, software (including embedded software), documentation, service or other deliverable supplied or created by the Contractor pursuant to this Master Agreement. The term Products, supplies and services, and products and services are used interchangeably in these terms and conditions.
Purchasing Entity means a state (as well as the District of Columbia and U.S territories), city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues a Purchase Order against the Master Agreement and becomes financially committed to the purchase.
167
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Services mean any of the specifications described in the Scope of Services that are supplied or created by the Contractor pursuant to this Master Agreement.
Security Incident means the possible or actual unauthorized access to a Purchasing Entity’s Non-Public Data and Personal Data the Contractor believes could reasonably result in the use, disclosure or theft of a Purchasing Entity’s Non-Public Data within the possession or control of the Contractor. A Security Incident also includes a major security breach to the Contractor’s system, regardless if Contractor is aware of unauthorized access to a Purchasing Entity’s Non-Public Data. A Security Incident may or may not turn into a Data Breach.
Service Level Agreement (SLA) means a written agreement between both the Purchasing Entity and the Contractor that is subject to the terms and conditions in this Master Agreement and relevant Participating Addendum unless otherwise expressly agreed in writing between the Purchasing Entity and the Contractor. SLAs should include: (1) the technical service level performance promises, (i.e. metrics for performance and intervals for measure), (2) description of service quality, (3) identification of roles and responsibilities, (4) remedies, such as credits, and (5) an explanation of how remedies or credits are calculated and issued.
Solicitation means the documents used by the State of Utah, as the Lead State, to obtain Contractor’s Proposal.
Statement of Work means a written statement in a solicitation document or contract that describes the Purchasing Entity’s service needs and expectations.
NASPO ValuePoint Program Provisions
3. Term of the Master Agreement
a. The initial term of this Master Agreement is for five (5) years. This Master Agreement may be extended beyond the original contract period for two (2) additional years at the Lead State’s discretion and by mutual agreement and upon review of requirements of Participating Entities, current market conditions, and Contractor performance. b. The Master Agreement may be extended for a reasonable period of time, not to exceed six months, if in the judgment of the Lead State a follow-on, competitive procurement will be unavoidably delayed (despite good faith efforts) beyond the planned date of execution of the follow-on master agreement. This subsection shall not be deemed to limit the authority of a Lead State under its state law otherwise to negotiate contract extensions.
4. Amendments
The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written agreement of the Lead State and Contractor.
168
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5. Participants and Scope
a. Contractor may not deliver Products under this Master Agreement until a Participating Addendum acceptable to the Participating Entity and Contractor is executed. The NASPO ValuePoint Master Agreement Terms and Conditions are applicable to any Order by a Participating Entity (and other Purchasing Entities covered by their Participating Addendum), except to the extent altered, modified, supplemented or amended by a Participating Addendum. By way of illustration and not limitation, this authority may apply to unique delivery and invoicing requirements, confidentiality requirements, defaults on Orders, governing law and venue relating to Orders by a Participating Entity, indemnification, and insurance requirements. Statutory or constitutional requirements relating to availability of funds may require specific language in some Participating Addenda in order to comply with applicable law. The expectation is that these alterations, modifications, supplements, or amendments will be addressed in the Participating Addendum or, with the consent of the Purchasing Entity and Contractor, may be included in the ordering document (e.g. purchase order or contract) used by the Purchasing Entity to place the Order.
b. Use of specific NASPO ValuePoint cooperative Master Agreements by state agencies, political subdivisions and other Participating Entities (including cooperatives) authorized by individual state’s statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official.
c. Obligations under this Master Agreement are limited to those Participating Entities who have signed a Participating Addendum and Purchasing Entities within the scope of those Participating Addenda. States or other entities permitted to participate may use an informal competitive process to determine which Master Agreements to participate in through execution of a Participating Addendum. Financial obligations of Participating Entities who are states are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating Entities who are states incur no financial obligations on behalf of other Purchasing Entities. Contractor shall email a fully executed PDF copy of each Participating Addendum to [email protected] to support documentation of participation and posting in appropriate data bases.
d. NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the NASPO cooperative purchasing program for state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.) for all 50 states, the District of Columbia and the territories of the United States. e. Participating Addenda shall not be construed to amend the following provisions in this Master Agreement between the Lead State and Contractor that prescribe NASPO ValuePoint Program requirements: Term of the Master Agreement; Amendments; 169
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Participants and Scope; Administrative Fee; NASPO ValuePoint Summary and Detailed Usage Reports; NASPO ValuePoint Cooperative Program Marketing and Performance Review; NASPO ValuePoint eMarketCenter; Right to Publish; Price and Rate Guarantee Period; and Individual Customers. Any such language shall be void and of no effect.
f. Participating Entities who are not states may under some circumstances sign their own Participating Addendum, subject to the consent to participation by the Chief Procurement Official of the state where the Participating Entity is located. Coordinate requests for such participation through NASPO ValuePoint. Any permission to participate through execution of a Participating Addendum is not a determination that procurement authority exists in the Participating Entity; they must ensure that they have the requisite procurement authority to execute a Participating Addendum. g. Resale. “Resale” means any payment in exchange for transfer of tangible goods, software, or assignment of the right to services. Subject to any specific conditions included in the solicitation or Contractor’s proposal as accepted by the Lead State, or as explicitly permitted in a Participating Addendum, Purchasing Entities may not resell Products (the definition of which includes services that are deliverables). Absent any such condition or explicit permission, this limitation does not prohibit: payments by employees of a Purchasing Entity for Products; sales of Products to the general public as surplus property; and fees associated with inventory transactions with other governmental or nonprofit entities and consistent with a Purchasing Entity’s laws and regulations. Any sale or transfer permitted by this subsection must be consistent with license rights granted for use of intellectual property.
6. Administrative Fees
a. The Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one-quarter of one percent (0.25% or 0.0025) no later than sixty (60) days following the end of each calendar quarter. The NASPO ValuePoint Administrative Fee shall be submitted quarterly and is based on all sales of products and services under the Master Agreement (less any charges for taxes or shipping). The NASPO ValuePoint Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal.
b. Additionally, some states may require an additional fee be paid directly to the state only on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contractor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state. All such agreements shall not affect the NASPO ValuePoint Administrative Fee percentage or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. The NASPO ValuePoint Administrative Fee in subsection 6a shall be based on the gross amount of all sales (less any charges for taxes or shipping) at the adjusted prices (if any) in Participating Addenda.
170
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7. NASPO ValuePoint Summary and Detailed Usage Reports
In addition to other reports that may be required by this solicitation, the Contractor shall provide the following NASPO ValuePoint reports.
a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to NASPO ValuePoint using the NASPO ValuePoint Quarterly Sales/Administrative Fee Reporting Tool found at http://calculator.naspovaluepoint.org. Any/all sales made under this Master Agreement shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required.
Reports shall be due no later than thirty (30) days following the end of the calendar quarter (as specified in the reporting tool).
b. Detailed Sales Data. Contractor shall also report detailed sales data by: (1) state; (2) entity/customer type, e.g. local government, higher education, K12, non-profit; (3) Purchasing Entity name; (4) Purchasing Entity bill-to and ship-to locations; (4) Purchasing Entity and Contractor Purchase Order identifier/number(s); (5) Purchase Order Type (e.g. sales order, credit, return, upgrade, determined by industry practices); (6) Purchase Order date; (7) Ship Date; (8) and line item description, including product number if used. The report shall be submitted in any form required by the solicitation.
Reports are due on a quarterly basis and must be received by the Lead State and NASPO ValuePoint Cooperative Development Team no later than thirty (30) days after the end of the reporting period. Reports shall be delivered to the Lead State and to the NASPO ValuePoint Cooperative Development Team electronically through a designated portal, email, CD-ROM, flash drive or other method as determined by the Lead State and NASPO ValuePoint. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is in shown in Attachment H. c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the solicitation and the Participating Addendum. Report data for employees should be limited to ONLY the state and entity they are participating under the authority of (state and agency, city, county, school district, etc.) and the amount of sales. No personal identification numbers, e.g. names, addresses, social security numbers or any other numerical identifier, may be submitted with any report.
d. Contractor shall provide the NASPO ValuePoint Cooperative Development Coordinator with an executive summary each quarter that includes, at a minimum, a list of states with an active Participating Addendum, states that Contractor is in negotiations with and any Participating Addendum roll out or implementation activities and issues.
NASPO ValuePoint Cooperative Development Coordinator and Contractor will determine the format and content of the executive summary. The executive summary is due thirty (30) days after the conclusion of each calendar quarter. e. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media 171
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containing the reports. The Lead State and NASPO ValuePoint shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section.
8. NASPO ValuePoint Cooperative Program Marketing, Training, and Performance Review
a. Contractor agrees to work cooperatively with NASPO ValuePoint personnel.
Contractor agrees to present plans to NASPO ValuePoint for the education of Contractor’s contract administrator(s) and sales/marketing workforce regarding the Master Agreement contract, including the competitive nature of NASPO ValuePoint procurements, the Master agreement and participating addendum process, and the manner in which qualifying entities can participate in the Master Agreement. b. Contractor agrees, as Participating Addendums become executed, if requested by ValuePoint personnel to provide plans to launch the program within the participating state. Plans will include time frames to launch the agreement and confirmation that the Contractor’s website has been updated to properly reflect the contract offer as available in the participating state.
c. Contractor agrees, absent anything to the contrary outlined in a Participating Addendum, to consider customer proposed terms and conditions, as deemed important to the customer, for possible inclusion into the customer agreement. Contractor will ensure that their sales force is aware of this contracting option. d. Contractor agrees to participate in an annual contract performance review at a location selected by the Lead State and NASPO ValuePoint, which may include a discussion of marketing action plans, target strategies, marketing materials, as well as Contractor reporting and timeliness of payment of administration fees. e. Contractor acknowledges that the NASPO ValuePoint logos may not be used by Contractor in sales and marketing until a logo use agreement is executed with NASPO ValuePoint.
f. The Lead State expects to evaluate the utilization of the Master Agreement at the annual performance review. Lead State may, in its discretion, terminate the Master Agreement pursuant to section 28, or not exercise an option to renew, when Contractor utilization does not warrant further administration of the Master Agreement. The Lead State may exercise its right to not renew the Master Agreement if vendor fails to record or report revenue for three consecutive quarters, upon 60-calendar day written notice to the Contractor. Termination based on nonuse or under-utilization will not occur sooner than two years after award (or execution if later) of the Master Agreement. This subsection does not limit the discretionary right of either the Lead State or Contractor to terminate the Master Agreement pursuant to section 28 or to terminate for default pursuant to section 30.
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9. NASPO ValuePoint eMarket Center
a. In July 2011, NASPO ValuePoint entered into a multi-year agreement with SciQuest, Inc. (doing business as JAGGAER) whereby JAGGAER will provide certain electronic catalog hosting and management services to enable eligible NASPO ValuePoint’s customers to access a central online website to view and/or shop the goods and services available from existing NASPO ValuePoint Cooperative Contracts. The central online website is referred to as the NASPO ValuePoint eMarket Center. b. The Contractor will have visibility in the eMarket Center through Ordering Instructions. These Ordering Instructions are available at no cost to the Contractor and provide customers information regarding the Contractors website and ordering information. The Contractor is required at a minimum to participate in the eMarket Center through Ordering Instructions.
c. At a minimum, the Contractor agrees to the following timeline: NASPO ValuePoint eMarket Center Site Admin shall provide a written request to the Contractor to begin Ordering Instruction process. The Contractor shall have thirty (30) days from receipt of written request to work with NASPO ValuePoint to provide any unique information and ordering instructions that the Contractor would like the customer to have. d. If the solicitation requires either a catalog hosted on or integration of a punchout site with eMarket Center, or either solution is proposed by a Contractor and accepted by the Lead State, the provisions of the eMarket Center Appendix to these NASPO ValuePoint Master Agreement Terms and Conditions apply.
10. Right to Publish
Throughout the duration of this Master Agreement, Contractor must secure from the Lead State prior approval for the release of information that pertains to the potential work or activities covered by the Master Agreement. This limitation does not preclude publication about the award of the Master Agreement or marketing activities consistent with any proposed and accepted marketing plan. The Contractor shall not make any representations of NASPO ValuePoint’s opinion or position as to the quality or effectiveness of the services that are the subject of this Master Agreement without prior written consent. Failure to adhere to this requirement may result in termination of the Master Agreement for cause.
11. Price and Rate Guarantee Period
All pricing must be guaranteed for the first year of the Master Agreement.
Following the guarantee period, any request for price increases must be for an equal guarantee period (1 year), and must be submitted to the Lead State at least thirty (30) calendar days prior to the effective date. The Lead State will review a documented request for an MSRP price list increase only after the Price Guarantee Period.
Requests for price increases must include sufficient documentation supporting the 173
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request and demonstrating a reasonableness of the adjustment when comparing the current price list to the proposed price list. Documentation may include: the manufacturers national price increase announcement letter, a complete and detailed description of what products are increasing and by what percentage, a complete and detailed description of what raw materials and/or other costs have increased and provide proof of increase, index data and other information to support and justify the increase. The price increase must not produce a higher profit margin than the original contract, and must be accompanied by sufficient documentation and nationwide notice of price adjustment to the published commercial price list.
No retroactive price increases will be allowed.
Price Reductions. In the event of a price decrease in any category of product at any time during the contract in an OEM’s published commercial price list, including renewal options, the Lead State shall be notified immediately. All published commercial price list price reductions shall be effective upon the notification provided to the Lead State.
12. Individual Customers
Except to the extent modified by a Participating Addendum, each Purchasing Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or right to recover any costs as such right is defined in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contractor will apply the charges and invoice each Purchasing Entity individually.
Administration of Orders
13. Ordering
a. Master Agreement order and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels, packing slips, invoices, and on all correspondence. b. Purchasing Entities may define entity or project-specific requirements and informally compete the requirement among companies having a Master Agreement on an “as needed” basis. This procedure may also be used when requirements are aggregated or other firm commitments may be made to achieve reductions in pricing. This procedure may be modified in Participating Addenda and adapted to the Purchasing Entity’s rules and policies. The Purchasing Entity may in its sole discretion determine which Master Agreement Contractors should be solicited for a quote. The Purchasing Entity may select the quote that it considers most advantageous, cost and other factors considered. c. Each Purchasing Entity will identify and utilize its own appropriate purchasing procedure and documentation. Contractor is expected to become familiar with the 174
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Purchasing Entities’ rules, policies, and procedures regarding the ordering of supplies and/or services contemplated by this Master Agreement.
d. Contractor shall not begin work without a valid Purchase Order or other appropriate commitment document compliant with the law of the Purchasing Entity. e. Orders may be placed consistent with the terms of this Master Agreement during the term of the Master Agreement.
f. All Orders pursuant to this Master Agreement, at a minimum, shall include:
(1) The service description or supplies being delivered; (2) The place and requested time of delivery;
(3) A billing address;
(4) The name, phone number, and address of the Purchasing Entity representative;
(5) The price per hour or other pricing elements consistent with this Master Agreement and the contractor’s proposal;
(6) A ceiling amount of the order for services being ordered; (7) The Master Agreement identifier; and
(8) Statement of Work, when applicable.
g. All communications concerning administration of Orders placed shall be furnished solely to the authorized purchasing agent within the Purchasing Entity’s purchasing office, or to such other individual identified in writing in the Order. h. Orders must be placed pursuant to this Master Agreement prior to the termination date thereof, but may have a delivery date or performance period up to 120 days past the then-current termination date of this Master Agreement. Maintenance agreements may have terms as prescribed in section 27. Contractor is reminded that financial obligations of Purchasing Entities payable after the current applicable fiscal year are contingent upon agency funds for that purpose being appropriated, budgeted, and otherwise made available.
i. Notwithstanding the expiration or termination of this Master Agreement, Contractor agrees to perform in accordance with the terms of any Orders then outstanding at the time of such expiration or termination. Contractor shall not honor any Orders placed after the expiration or termination of this Master Agreement, or otherwise inconsistent with its terms. Orders from any separate indefinite quantity, task orders, or other form of indefinite delivery order arrangement priced against this Master Agreement may not be placed after the expiration or termination of this Master Agreement, notwithstanding the term of any such indefinite delivery order agreement.
14. Shipping and Delivery
a. The prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by 175
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the Contractor. Responsibility and liability for loss or damage shall remain the Contractor’s until final inspection and acceptance when responsibility shall pass to the Purchasing Entity except as to latent defects, fraud and Contractor’s warranty obligations. The minimum shipment amount, if any, will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an Order to be shipped without transportation charges that is back ordered shall be shipped without charge.
b. All deliveries will be delivery to Order “ship to location” which may be a loading dock, front lobby, or reception area, unless otherwise agreed specific delivery instructions are noted on the order form or Purchase Order. In the event insider delivery is agreed upon in the Order, any damage to the building interior, scratched walls, damage to the freight elevator, etc., directly cause by Contractor will be the responsibility of the Contractor. If such damage does occur, it is the responsibility of the Contractor to immediately notify the Purchasing Entity placing the Order.
c. All products must be delivered in the manufacturer’s standard package. Costs shall include all packing and/or crating charges. Cases shall be of durable construction, good condition, properly labeled and suitable in every respect for storage and handling of contents. Each shipping carton shall be marked with the commodity, brand, quantity, item code number and the Purchasing Entity’s Purchase Order number.
15. Laws and Regulations
Any and all Products offered and furnished shall comply fully with all applicable Federal and State laws and regulations.
Participating Entity is responsible for complying with applicable laws and regulations, including but not limited to, obtaining any required export or import authorizations if Purchasing Entity exports, imports or otherwise transfers products or deliverables provided under this Master Agreement.
16. Inspection and Acceptance
a. Where the Master Agreement or an Order does not otherwise specify a process for inspection and Acceptance, this section governs. This section is not intended to limit rights and remedies under the applicable commercial code. b. Acceptance of Products occurs upon delivery, and applies to all Product(s) (hardware and software) purchased under this Master Agreement, including any additional, replacement or substitute Product(s) and any Product(s) which are modified by or with the written approval of Contractor after Acceptance by the Participating Entity. c. All Products are subject to inspection at reasonable times and places before Acceptance. Contractor shall provide right of access to the Lead State, or to any other 176
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authorized agent or official of the Lead State or other Participating or Purchasing Entity, at reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance requirements under this Master Agreement. Products that do not meet specifications may be rejected. Failure to reject upon receipt, however, does not relieve the contractor of liability for material (nonconformity that substantial impairs value) latent or hidden defects subsequently revealed when goods are put to use, with repair or replacement subject to manufacturer’s warranty. Return of Product is subject to the HPE State and Local Government and Education Customer Return Policy. d. If any services do not conform to contract requirements, the Purchasing Entity may require the Contractor to perform the services again in conformity with contract requirements, at no increase in Order amount. When defects cannot be corrected by re-performance, the Purchasing Entity may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and reduce the contract price to reflect the reduced value of services performed. e. The warranty period shall begin upon Acceptance.
17. Payment
Payment after Acceptance is normally made within 30 days following the date the order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contractor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance, unless a different late payment amount is specified in a Participating Addendum, Order, or otherwise prescribed by applicable law. Payments will be remitted by mail or electronically. Payments may be made via a State or political subdivision “Purchasing Card” with no additional charge.
Prices are exclusive of taxes, duties, and fees, unless otherwise quoted. If a withholding tax is required by law, the tax will be added and identified on the applicable invoice.
18. Warranty
Warranty provisions govern where specified elsewhere in the documents that constitute the Master Agreement; otherwise this section governs. The Contractor warrants for a period of one year from the date of Acceptance that: (a) the Product performs according to all specific claims that the Contractor made in its response to the solicitation, (b) the Product is suitable for the ordinary purposes for which such Product is used, (c) the Product is suitable for any special purposes identified in the solicitation or for which the Purchasing Entity has relied on the Contractor’s skill or judgment, (d) the Product is designed and manufactured in a commercially reasonable manner, and (e) the Product is free of significant defects in material and workmanship. Upon breach of the warranty, the Contractor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential 177
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purpose, the Contractor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys’ fees and costs.
Product performance. All HPE-branded hardware products are covered by HPE’s limited warranty statements that are provided with the Products or otherwise made available. Hardware warranties begin on the date of delivery or if applicable, upon completion of HPE installation, or (where Customer delays HPE installation) at the latest 30 days from the date of delivery. Non-HPE branded products receive warranty coverage as provided by the relevant third party supplier.
Software performance. HPE warrants that its branded software products will conform materially to their specifications and be free of malware at the time of delivery. HPE warranties for software product will begin on the date of delivery and unless otherwise specified in Supporting Material, will last for ninety (90) days. HPE does not warrant that the operation of software products will be uninterrupted or error free or that software products will operate in hardware and software combinations other than as authorized by HPE in Supporting Material.
Services performance. Services are performed using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns and HPE will re-perform any service that fails to meet this standard.
Services with Deliverables. If Supporting Material for services define specific deliverables, HPE warrants those deliverables will conform materially to their written specifications for 30 days following delivery. If Customer notifies HPE of such a nonconformity during the 30 day period, HPE will promptly remedy the impacted deliverables or refund to Customer the fees paid for those deliverables and Customer will return those deliverables to HPE.
Product Warranty Claims. When Contractor receives a valid warranty claim for an HPE hardware or software product, HPE will either repair the relevant defect or replace the product. If HPE is unable to complete the repair or replace the product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to HPE (if hardware) or upon written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. HPE will pay for shipment of repaired or replaced products to Customer and Customer will be responsible for return shipment of the product to HPE.
Eligibility. HPE’s service, support and warranty commitments do not cover claims resulting from:
1. improper use, site preparation, or site or environmental conditions or other noncompliance with applicable Supporting Material; 178
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2. Modifications or improper system maintenance or calibration not performed by HPE or authorized by HPE;
3. failure or functional limitations of any non-HPE software or product impacting systems receiving HPE support or service;
4. malware (e.g. virus, worm, etc.) not introduced by HPE; or
5. abuse, negligence, accident, fire or water damage, electrical disturbances, transportation by Customer, or other causes beyond HPE’s control.
Remedies. This Agreement states all remedies for warranty claims. To the extent permitted by law, HPE disclaims all other warranties.
19. Title of Product
Upon Acceptance by the Purchasing Entity, Contractor shall convey to Purchasing Entity title to the Product free and clear of all liens, encumbrances, or other security interests. Transfer of title to the Product shall include an irrevocable and perpetual license to use any Embedded Software in the Product. If Purchasing Entity subsequently transfers title of the Product to another entity, subject to Contractor’s approval, the Purchasing Entity shall have the right to transfer the license to use the Embedded Software with the transfer of Product title. A subsequent transfer of this software license shall be at no additional cost or charge to either Purchasing Entity or Purchasing Entity’s transferee, unless otherwise specified by Contractor.
20. License of Pre-Existing Intellectual Property
Contractor grants to the Purchasing Entity a nonexclusive, perpetual, royalty-free, irrevocable, license to use, publish, translate, reproduce for Purchasing Entity’s own use, perform, display, and dispose of the Intellectual Property, and its derivatives, used or delivered under this Master Agreement, but not created under it (“Pre-existing Intellectual Property”). The license shall be subject to owner and 3rd party rights in the Pre-existing Intellectual Property.
21. No Guarantee of Service Volumes: The Contractor acknowledges and agrees that the Lead State and NASPO ValuePoint makes no representation, warranty or condition as to the nature, timing, quality, quantity or volume of business for the Services or any other products and services that the Contractor may realize from this Master Agreement, or the compensation that may be earned by the Contractor by offering the Services. The Contractor acknowledges and agrees that it has conducted its own due diligence prior to entering into this Master Agreement as to all the foregoing matters.
22. Purchasing Entity Data: Purchasing Entity retains full right and title to Data provided by it and any Data derived therefrom, including metadata.
Contractor shall not collect, access, or use user-specific Purchasing Entity Data except 179
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as strictly necessary to provide Service to the Purchasing Entity. No information regarding Purchasing Entity’s use of the Service may be disclosed, provided, rented or sold to any third party for any reason unless required by law or regulation or by an order of a court of competent jurisdiction. The obligation shall extend beyond the term of this Master Agreement in perpetuity.
Contractor shall not use any information collected in connection with this Master Agreement, including Purchasing Entity Data, for any purpose other than fulfilling its obligations under this Master Agreement.
23. System Failure or Damage: In the event of system failure or damage caused by Contractor or its Services, the Contractor agrees to use its best efforts to restore or assist in restoring the system to operational capacity.
24. Title to Product: If access to the Product requires an application program interface (API), Contractor shall convey to Purchasing Entity an irrevocable and perpetual license to use the API, unless otherwise subject to license restrictions and fees. No transfer of ownership of any intellectual property will occur under this Master Agreement.
Purchasing Entity grants Contractor a non-exclusive, worldwide, royalty-free right and license to any intellectual property that is necessary for Contractor and its designees to perform the ordered Services. If deliverables are created by Contractor specifically for Purchasing Entity and identified as such in Supporting Material, Contractor hereby grants Purchasing Entity a worldwide, non-exclusive, fully paid, royalty-free license to reproduce and use copies of the deliverables internally.
25. Data Privacy: The Contractor must comply with all applicable laws related to data privacy and security, including IRS Pub 1075, as identified in the Order. Prior to entering into a SLA with a Purchasing Entity, the Contractor and Purchasing Entity must cooperate and hold a meeting to determine the Data Categorization to determine what data the Contractor will hold, store, or process and determine whether the security provided meets the Purchasing Entity’s legal obligations. The Contractor must document the Data Categorization in the SLA or Statement of Work or Order.
Contractor is not responsible for viruses or malware introduced by Purchasing Entity or an end user. Purchasing Entity may not use the Services in ways that would impose additional regulatory or other legal obligations on Contractor unless the parties have expressly agreed to do so in writing.
26. Transition Assistance:
a. The Contractor shall reasonably cooperate with other parties in connection with all Services to be delivered under this Master Agreement, including without limitation any successor service provider to whom a Purchasing Entity’s Data is transferred in connection with the termination or expiration of this Master Agreement. The Contractor shall assist a Purchasing Entity in exporting and extracting a Purchasing Entity’s Data, in a format usable without the use of the Services and as agreed by a Purchasing Entity, at no additional cost to the Purchasing Entity. Any transition services requested by a Purchasing Entity involving additional knowledge transfer and support may be 180
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subject to a separate transition Statement of Work.
b. A Purchasing Entity and the Contractor shall, when reasonable, create a Transition Plan Document identifying the transition services to be provided and including a Statement of Work if applicable.
c. The Contractor must maintain the confidentiality and security of a Purchasing Entity’s Data during the transition services and thereafter as required by the Purchasing Entity.
27. Performance and Payment Time Frames that Exceed Contract Duration: All maintenance or other agreements for services entered into during the duration of an SLA and whose performance and payment time frames extend beyond the duration of this Master Agreement shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new leases, maintenance or other agreements for services may be executed after the Master Agreement has expired. For the purposes of this section, renewals of maintenance, subscriptions, and other service agreements, shall not be considered as “new.”
General Provisions
28. Insurance
a. Unless otherwise agreed in a Participating Addendum, Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in each Participating Entity’s state and having a rating of A-, Class VII or better, in the most recently published edition of A.M. Best’s Insurance Reports. Failure to buy and maintain the required insurance may result in this Master Agreement’s termination or, at a Participating Entity’s option, result in termination of its Participating Addendum.
b. Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below:
(1) Commercial General Liability covering premises operations, independent contractors, products and completed operations, contractual liability, personal injury (including death), advertising liability, and property damage, with a limit of $1 million per occurrence/$3 million general aggregate; (2) Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements.
c. Contractor shall pay premiums and any deductibles on all insurance policies. d. Prior to commencement of performance, Contractor shall provide to the Lead State a 181
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written endorsement to the Contractor’s general liability insurance policy documentary evidence that (1) includes the Participating States identified in the Request for Proposal as additional insureds, which may be met through the use of a “blanket” insured endorsement (, and (2) provides that the Contractor’s liability insurance policy shall be primary, with any liability insurance of any Participating State as secondary and noncontributory. Unless otherwise agreed in any Participating Addendum, other state Participating Entities’ rights and Contractor’s obligations are the same as those specified in the first sentence of this subsection except the endorsement is provided to the applicable state.
e. Contractor shall furnish to the Lead State copies of certificates of all required insurance in a form sufficient to show required coverage within thirty (30) calendar days of the execution of this Master Agreement and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after any renewal date to the applicable state Participating Entity. Failure to provide evidence of coverage may, at the sole option of the Lead State, or any Participating Entity, result in this Master Agreement’s termination or the termination of any Participating Addendum.
f. Coverage and limits shall not limit Contractor’s liability and obligations under this Master Agreement, any Participating Addendum, or any Purchase Order.
29. Records Administration and Audit
a. The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and Orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of six (6) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, or such longer period as is required by the Purchasing Entity’s state statutes, to assure compliance with the terms hereof or to evaluate performance hereunder. b. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for any overpayments inconsistent with the terms of the Master Agreement or Orders or underpayment of Administrative Fees found as a result of the examination of the Contractor’s records.
c. The rights and obligations herein exist in addition to any quality assurance obligation 182
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in the Master Agreement requiring the Contractor to self-audit contract obligations and that permits the Lead State to review compliance with those obligations. d. The Contractor will be advised thirty (30) days prior written notice of each audit. The parties will work together in good faith to establish an audit process that does not interfere with Contractor’s ability to perform its obligations under this Master Agreement or any other agreement, or compromise any reasonable security processes or procedures. Contractor will provide the auditor with information reasonably required to effect the audit, provided however that Contractor reserves the right to impose limitation or require additional assurances from Participating Entity and its auditor as may be necessary to protect the Confidential Information of Contractor. In no event will Contractor be required to provide Participating Entity or its auditor with access to Contractor’s internal costs and resource utilization data, or data related to employees or other customers of Contractor.
30. Confidentiality, Non-Disclosure, and Injunctive Relief a. Confidentiality. Each party acknowledges that it and its employees or agents may, in the course of this Master Agreement, be exposed to or acquire information that is confidential to the other party, including Purchasing Entity or Purchasing Entity’s clients.
Any and all information of any form that is marked as confidential or would by its nature be deemed confidential that is disclosed or otherwise made available in the performance of this Master Agreement by either party to the other party, including by a Participating Entity or Purchasing Entity, but not limited to (1) any Purchasing Entity’s records, (2) personnel records, (3) information concerning individuals(4) technology, research and development information, Products and Software, and (5) trade secrets and other information which are competitive in nature is confidential information (“Confidential Information”). Any reports or other documents or items (including software) that result from the use of the Confidential Information shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that (1) is or becomes (other than by disclosure by the receiving party) publicly known; (2) is furnished by the disclosing party to others without restrictions similar to those imposed by this Master Agreement; (3) is rightfully in the receiving party’s possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (4) is obtained from a source other than the disclosing party without the obligation of confidentiality, (5) is disclosed with the written consent of the disclosing party or; (6) is independently developed by employees, agents or subcontractors of the receiving party who can be shown to have had no access to the Confidential Information.
b. Non-Disclosure. Each party shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, but no less than the standard of care such party uses for its own similar confidential information, and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than what is necessary to the performance of Orders placed 183
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under this Master Agreement. Each party shall advise each of its employees and agents of their obligations to keep Confidential Information confidential. Each party shall use commercially reasonable efforts to assist the disclosing party in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, receiving party shall advise the disclosing party, including, as applicable the Purchasing Entity, applicable Participating Entity, and the Lead State immediately if the receiving party learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement, and the receiving party shall at its expense cooperate with the disclosing party in seeking injunctive or other equitable relief in the name of Purchasing Entity or Contractor against any such person. Except as directed by the disclosing party, the receiving party will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at the disclosing party’s request, the receiving party shall turn over to the disclosing party or destroy all documents, papers, and other matter in the receiving party’s possession that embody Confidential Information. If applicable law, regulation or document retention policy prevents the receiving party from destroying or returning all or part to the Confidential Information the receiving party will maintain the security and confidentiality of all such retained Confidential Information.
Notwithstanding the foregoing, the receiving party may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement.
c. Injunctive Relief. Contractor acknowledges that breach of this section, including disclosure of any Confidential Information, may cause irreparable injury to Purchasing Entity that is inadequately compensable in damages. Accordingly, Purchasing Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available.
Contractor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Purchasing Entity and are reasonable in scope and content.
d. Purchasing Entity Law. These provisions shall be applicable only to extent they are not in conflict with the applicable public disclosure laws of any Purchasing Entity. e. The rights granted Purchasing Entities and Contractor obligations under this section shall also extend to Confidential Information, defined to include Participating Addenda, as well as Orders or transaction data relating to Orders under this Master Agreement that identify the entity/customer, Order dates, line item descriptions and volumes, and prices/rates. This provision does not apply to disclosure to the Lead State, a Participating State, or any governmental entity exercising an audit, inspection, or examination pursuant to section 29. To the extent permitted by law, Contractor shall notify the Lead State of the identity of any entity seeking access to the Confidential Information described in this subsection.
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31. Public Information
This Master Agreement and all related documents are subject to disclosure pursuant to the Purchasing Entity’s public information laws.
32. Assignment/Subcontracts
a. Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the Lead State. Notwithstanding, Contractor’s use of its authorized service provider(s) to facilitate on-site support is permitted under this Agreement. b. The Lead State, or Participating Entity, shall not assign, delegate or otherwise transfer all or any part of this Master Agreement without prior written consent from Contractor, except for assignment or delegation to a Participating Entity State agency or eligible Purchasing Entity. The Lead State reserves the right to assign any rights or duties, including written assignment of contract administration duties to NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint and other third parties.
32. Changes in Contractor Representation
The Contractor must notify the Lead State of changes in the Contractor’s key administrative personnel managing the Master Agreement in writing within 10 calendar days of the change. The Lead State reserves the right to approve changes in key personnel, as identified in the Contractor’s proposal. The Contractor agrees to propose replacement key personnel having substantially equal or better education, training, and experience as was possessed by the key person proposed and evaluated in the Contractor’s proposal.
33. Independent Contractor
The Contractor shall be an independent contractor. Contractor shall have no authorization, express or implied, to bind the Lead State, Participating States, other Participating Entities, or Purchasing Entities to any agreements, settlements, liability or understanding whatsoever, and agrees not to hold itself out as agent except as expressly set forth herein or as expressly agreed in any Participating Addendum.
34. Termination
Unless otherwise stated, this Master Agreement may be terminated by either Lead State or Contractor upon 60 days written notice prior to the effective date of the termination. Further, any Participating Entity may terminate its participation upon 30 days written notice, unless otherwise limited or stated in the Participating Addendum.
Termination may be in whole or in part. Any termination of the Master Agreement or a Participating Addendum under this provision shall not affect the rights and obligations attending Orders outstanding at the time of termination, including any right of a Purchasing Entity to indemnification by the Contractor, rights of payment for Products delivered and accepted, rights attending any warranty or default in performance in 185
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association with any Order, and requirements for records administration and audit.
Termination of the Master Agreement due to Contractor default may be immediate pursuant to Section 36, Defaults and Remedies.
35. Force Majeure
Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, unusually severe weather, other acts of God, war, or occurrences which are beyond that party’s reasonable control. The Lead State may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement.
36. Defaults and Remedies
a. The occurrence of any of the following events by Contractor shall be an event of default under this Master Agreement:
(1) Nonperformance of contractual requirements; or
(2) A material breach of any term or condition of this Master Agreement; or (3) Any certification, representation or warranty by Contractor in response to the solicitation or in this Master Agreement that proves to be untrue or materially misleading; or
(4) Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or (5) Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, the Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 15 calendar days in which Contractor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contractor’s liability for damages, including liquidated damages to the extent provided for under this Master Agreement.
c. If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach of its obligations under this Master Agreement and the Lead State shall have the right to exercise any or all of the following remedies:
(1) Exercise any remedy provided by law; and
(2) Terminate this Master Agreement and any related Contracts or portions thereof; and
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(3) Impose liquidated damages as provided in this Master Agreement; and (4) Suspend Contractor from being able to respond to future bid solicitations; and (5) Suspend Contractor’s performance; and
(6) Withhold payment until the default is remedied.
d. Unless otherwise specified in the Participating Addendum, in the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and shall have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity.
Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code.
e. Contractor may discontinue performance if Purchasing Entity fails to pay any sum due, or if after sixty (60) days written notice Participating Entity has not cured any other failure to perform under this Master Agreement.
37. Waiver of Breach
Failure of the Lead State, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State, Participating Entity, or Purchasing Entity must be in writing. Waiver by the Lead State or Participating Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or by Purchasing Entity with respect to any Purchase Order, or breach of any terms or requirements of this Master Agreement, a Participating Addendum, or Purchase Order shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, Participating Addendum, or Purchase Order.
38. Debarment
The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency.
This certification represents a recurring certification made at the time any Order is placed under this Master Agreement. If the Contractor cannot certify this statement, attach a written explanation for review by the Lead State.
39. Indemnification
a. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint), the 187
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Lead State, Participating Entities, and Purchasing Entities, along with their officers and employees, from and against third-party claims, damages or causes of action including reasonable attorneys’ fees and related costs for any death, injury, or damage to tangible personal property arising from negligent or willful act(s), error(s), or omission(s) of the Contractor, its employees or subcontractors or volunteers, at any tier, relating to the performance under the Master Agreement.
b. Indemnification – Intellectual Property. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint), the Lead State, Participating Entities, Purchasing Entities, along with their officers and employees ("Indemnified Party"), from and against third-party claims, damages or causes of action including reasonable attorneys’ fees and related costs arising out of the claim that the Product or its use, infringes Intellectual Property rights ("Intellectual Property Claim") of another person or entity. (1) The Contractor’s obligations under this section shall not extend to any claims arising from the Product itself or the combination of the Product with any other product, system or method, unless the Product, system or method is:
(a) provided by the Contractor or the Contractor’s subsidiaries or affiliates; (b) specified by the Contractor to work with the Product; or (c) reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing the same function; or
(d) It would be reasonably expected to use the Product in combination with such product, system or method.
(2) The Indemnified Party shall notify the Contractor within a reasonable time after receiving notice of an Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice, the Contractor shall not be relieved from its obligations unless the Contractor can demonstrate that it was prejudiced in defending the Intellectual Property Claim resulting in increased expenses or loss to the Contractor.
If the Contractor promptly and reasonably investigates and defends any Intellectual Property Claim, it shall have control over the defense and settlement of it. However, the Indemnified Party must consent in writing for any money damages or obligations for which it may be responsible. The Indemnified Party shall furnish, at the Contractor’s reasonable request and expense, information and assistance necessary for such defense. If the Contractor fails to vigorously pursue the defense or settlement of the Intellectual Property Claim, the Indemnified Party may assume the defense or settlement of it and the Contractor shall be liable for all costs and expenses, including reasonable attorneys’ fees and related costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim. Unless otherwise agreed in writing, this 188
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section is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement.
If such a claim has occurred, or in the Contractor’s opinion is likely to occur, the Contractor shall either procure for the Participating Entity the right to continue using the materials or products or services or replace or modify materials or products or services to make them non-infringing. If an option satisfactory to the Participating Entity is not reasonably available, the Participating Entity shall return the materials or products to the Contractor and stop using the infringing services, upon written request of the Contractor and at the Contractor’s expense.
40. No Waiver of Sovereign Immunity
In no event shall this Master Agreement, any Participating Addendum or any contract or any Purchase Order issued thereunder, or any act of the Lead State, a Participating Entity, or a Purchasing Entity be a waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court.
This section applies to a claim brought against the Participating Entities who are states only to the extent Congress has appropriately abrogated the state’s sovereign immunity and is not consent by the state to be sued in federal court. This section is also not a waiver by the state of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States.
41. Governing Law and Venue
a. The procurement, evaluation, and award of the Master Agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of the Master Agreement after award shall be governed by the law of the state serving as Lead State. The construction and effect of any Participating Addendum or Order against the Master Agreement shall be governed by and construed in accordance with the laws of the Participating Entity’s or Purchasing Entity’s State.
b. Unless otherwise specified in the RFP, the venue for any protest, claim, dispute or action relating to the procurement, evaluation, and award is in the Lead State. Venue for any claim, dispute or action concerning the terms of the Master Agreement shall be in the state serving as Lead State. Venue for any claim, dispute, or action concerning any Order placed against the Master Agreement or the effect of a Participating Addendum shall be in the Purchasing Entity’s State.
c. If a claim is brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for (in decreasing order of priority): the Lead State for claims relating to the procurement, evaluation, award, or 189
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contract performance or administration if the Lead State is a party; a Participating State if a named party; the state where the Participating Entity or Purchasing Entity is located if either is a named party.
42. Assignment of Antitrust Rights
Contractor irrevocably assigns to a Participating Entity who is a state any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1- 15 or a Participating Entity’s state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided in that state for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at the Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action to the extent the assignment is necessary for the Participating Entity to overcome Federal or State’s bar on indirect purchases.
43. Contract Provisions for Orders Utilizing Federal Funds Pursuant to Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have additional contractual requirements or certifications that must be satisfied at the time the Order is placed or upon delivery. These federal requirements may be proposed by Participating Entities in Participating Addenda and Purchasing Entities for incorporation in Orders placed under this Master Agreement.
44. Leasing or Alternative Financing Methods
The procurement and other applicable laws of some Purchasing Entities may permit the use of leasing or alternative financing methods for the acquisition of Products under this Master Agreement. Where the terms and conditions are not otherwise prescribed in an applicable Participating Addendum, the terms and conditions for leasing or alternative financing methods are subject to negotiation between the Contractor and Purchasing Entity.
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45. Limitation of Liability
a) Except with respect to claims pursuant to Section 39.b. below, Contractor’s total liability under this Agreement and Lead State, Participating Entity or Purchasing Entity’s sole and exclusive remedy for any claim of any type whatsoever, arising out of Product or Service provided hereunder, shall be limited to proven direct damages caused by Contractor’s sole negligence in an amount not to exceed the greater of (i) $3,000,000,; or (ii) the price paid to Contractor for the specific Service (calculated on an annual basis, when applicable) or Product from which such claim arises, for damage of any type not identified in (i) above or otherwise excluded hereunder. The limitation of liability does not apply to Contractor’s obligation to indemnify for death or injury to Person(s) as identified in Section 39.a.
b) Except with respect to claims regarding violation of Contractor’s intellectual property rights, neither lead State, Participating Entity, Purchasing Entity nor Contractor shall have liability for any special, consequential, exemplary, incidental, or indirect damages (including, but not limited to, loss of profits, revenues, data and/or use), even if advised of the possibility thereof.
46. Entire Agreement: This Master Agreement, along with any attachment, contains the entire understanding of the parties hereto with respect to the Master Agreement unless a term is modified in a Participating Addendum with a Participating Entity. No click-through, or other end user terms and conditions or agreements required by the Contractor (“Additional Terms”) provided with any Services hereunder shall be binding on Participating Entities or Purchasing Entities, even if use of such Services requires an affirmative “acceptance” of those Additional Terms before access is permitted, except for those EULA terms which are attached to and incorporated and made part of this Agreement, and/or which are later agreed by the parties in a mutually executed amendment to this Agreement. Contractor may make changes in its operations and Policies and will provide notification of such changes.
47. Adding Products: During the term of the Master Agreement, changes to the products and services offered may occur, subject to Lead State approval. The Contractor shall evaluate and recommend products and services consistent with its awarded Master Agreement to be added to the product and services offerings available through the Master Agreement.
The ability to add new equipment and services is for the convenience and benefit of NASPO, the Participating States, and all Purchasing Entities. The intent of this process is to promote “one-stop shopping” and convenience for the customers and equally important, to make the contract flexible in keeping up with rapid technological advances.
The option to add new product or service categories and items will expedite the delivery and implementation of new technology solutions for the benefit of the Purchasing Entities.
After the contracts are awarded, additional IT product categories and/or items may be added per the request of the Contractor, a Participating State, a Purchasing Entity or NASPO. Additions may be ad hoc and temporary in nature or permanent. All additions to an awarded Contractor or Manufacturer’s offerings must be products, services, 191
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software, or solutions that are commercially available at the time they are added to the contract award and fall within the original scope and intent of the awarded categories of the RFP.
As part of each Contractor’s ongoing updates to its pricelists throughout the contract term, Contractor can add new SKUs to its awarded product categories that may have been developed in-house or obtained through mergers, acquisitions or joint ventures; provided, however, that such new SKUs fall within the Contractor’s awarded services categories.
48. Suspension of Services: Contractor may suspend provision of Services to Purchasing Entity in the following limited circumstances: (i) HPE reasonably believes the Services are, have been, or will be used in violation of the Master Agreement; (ii) HPE reasonably believes suspension is necessary to protect HPE’s network, systems, operations or other users; or (iii) suspension is required by law. If Contractor suspends the Services, the parties will cooperate to identify and rectify any issues so that Services may be restored as soon as reasonably possible.
49. Change Orders. Purchasing Entity requests to change the scope of services or products, on a per-Order basis, will require a change order signed by the Purchasing Entity and the Contractor.
50. European Personal Data. If Purchasing Entity reasonably anticipates or discovers that its use of the Services will involve storage or processing of PII from the European Economic Area (“EEA”) or Switzerland, Purchasing Entity will so inform Contractor, and provide whatever information Contractor reasonably requests related to that storage or processing. Upon Purchasing Entity’s request, Contractor will enter into (or cause its Affiliates to enter into) EU Model Contract(s) with appendices (including technical and organizational security measures) in the form from time to time used by Contractor and its Affiliates (and available to Purchasing Entity upon request). Purchasing Entity appoints Contractor as its agent to execute EU Model Contracts on Purchasing Entity’s behalf.
51. Global Trade Compliance. Imports, exports and other transfers of data or software stored, used or processed using the Services or related infrastructure are Purchasing Entity’s sole responsibility, and Purchasing Entity will obtain any authorizations that may be required. Purchasing Entity will not use, distribute, transfer, or transmit any products, software or technical information (even if incorporated into other products) in violation of applicable export laws and regulations. In particular, Purchasing Entity, and any third party authorized by Purchasing Entity, may not, in violation of applicable laws and regulations, transfer, or authorize the transfer, of any Services into U.S. embargoed countries or to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or Entity List of proliferation concern, or the U.S.
State Department's Debarred Parties List.
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eMarket Center Appendix
a. This Appendix applies whenever a catalog hosted by or integration of a punchout site with eMarket Center is required by the solicitation or either solution is proposed by a Contractor and accepted by the Lead State.
b. Supplier’s Interface with the eMarket Center. There is no cost charged by JAGGAER to the Contractor for loading a hosted catalog or integrating a punchout site. c. At a minimum, the Contractor agrees to the following:
(1) Implementation Timeline: NASPO ValuePoint eMarket Center Site Admin shall provide a written request to the Contractor to begin enablement process. The Contractor shall have fifteen (15) days from receipt of written request to work with NASPO ValuePoint and JAGGAER to set up an enablement schedule, at which time JAGGAER’s technical documentation shall be provided to the Contractor. The schedule will include future calls and milestone dates related to test and go live dates. The contractor shall have a total of Ninety (90) days to deliver either a (1) hosted catalog or (2) punch-out catalog, from date of receipt of written request. (2) NASPO ValuePoint and JAGGAER will work with the Contractor, to decide which of the catalog structures (either hosted or punch-out as further described below) shall be provided by the Contractor. Whether hosted or punch-out, the catalog must be strictly limited to the Contractor’s awarded contract offering (e.g. products and/or services not authorized through the resulting cooperative contract should not be viewable by NASPO ValuePoint Participating Entity users). (a) Hosted Catalog. By providing a hosted catalog, the Contractor is providing a list of its awarded products/services and pricing in an electronic data file in a format acceptable to JAGGAER, such as Tab Delimited Text files. In this scenario, the Contractor must submit updated electronic data no more than once per 30 days to the eMarket Center for the Lead State’s approval to maintain the most up-to-date version of its product/service offering under the cooperative contract in the eMarket Center.
(b) Punch-Out Catalog. By providing a punch-out catalog, the Contractor is providing its own online catalog, which must be capable of being integrated with the eMarket Center as a. Standard punch-in via Commerce eXtensible Markup Language (cXML). In this scenario, the Contractor shall validate that its online catalog is up-to-date by providing a written update no more than once per 30 days to the Lead State stating they have audited the offered products/services and pricing listed on its online catalog. The site must also return detailed UNSPSC codes (as outlined in line 3) for each line item. Contractor also agrees to provide e-Quote functionality to facilitate volume discounts. d. Revising Pricing and Product Offerings: Any revisions to product/service offerings (new products, altered SKUs, new pricing etc.) must be pre-approved by the Lead State and shall be subject to any other applicable restrictions with respect to the frequency or 193
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amount of such revisions. However, no cooperative contract enabled in the eMarket Center may include price changes on a more frequent basis than once per year (see required Price Guarantee Period section 11). The following conditions apply with respect to hosted catalogs:
(1) Updated pricing files are required each calendar month of the month and shall go into effect in the eMarket Center on as approved by the Lead State contract administrator.
(2) Lead State-approved price changes are not effective until implemented within the eMarket Center. Errors in the Contractor’s submitted pricing files will delay the implementation of the price changes in eMarket Center. e. Supplier Network Requirements: Contractor shall join the JAGGAER Supplier Network (SQSN) and shall use JAGGAER’s Supplier Portal to import the Contractor’s catalog and pricing, into the JAGGAER system, and view reports on catalog spend and product/pricing freshness. The Contractor can receive orders through electronic delivery (cXML) or through low-tech options such as fax. More information about the SQSN can be found at: www.sciquest.com or call the JAGGAER Supplier Network Services team at 800-233-1121.
f. Minimum Requirements: Whether the Contractor is providing a hosted catalog or a punch-out catalog, the Contractor agrees to meet the following requirements:
(1) Catalog must contain the most current pricing, including all applicable administrative fees and/or discounts, as well as the most up-to-date product/service offering the Contractor is authorized to provide in accordance with the cooperative contract; and
(2) The accuracy of the catalog must be maintained by Contractor throughout the duration of the cooperative contract; and
(3) The Catalog must include a Lead State contract identification number; and (4) The Catalog must include detailed product line item descriptions; and (5) The Catalog must include pictures when possible; and (6) The Catalog must include any additional NASPO ValuePoint and Participating Addendum requirements. Although suppliers in the SQSN normally submit one (1) catalog, it is possible to have multiple contracts applicable to different NASPO ValuePoint Participating Entities. For example, a supplier may have different pricing for state government agencies and Board of Regents institutions. Suppliers have the ability and responsibility to submit separate contract pricing for the same catalog if applicable.
The system will deliver the appropriate contract pricing to the user viewing the catalog. 194
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g. Order Acceptance Requirements: Contractor must be able to accept Purchase Orders via fax or cXML. The Contractor shall provide positive confirmation via phone or email within 24 hours of the Contractor’s receipt of the Purchase Order. If the Purchasing Order is received after 3pm EST on the day before a weekend or holiday, the Contractor must provide positive confirmation via phone or email on the next business day.
h. UNSPSC Requirements: Contractor shall support use of the United Nations Standard Product and Services Code (UNSPSC). UNSPSC versions that must be adhered to are driven by JAGGAER for the suppliers and are upgraded every year. NASPO ValuePoint reserves the right to migrate to future versions of the UNSPSC and the Contractor shall be required to support the migration effort. All line items, goods or services provided under the resulting statewide contract must be associated to a UNSPSC code. All line items must be identified at the most detailed UNSPSC level indicated by segment, family, class and commodity.
i. Applicability: Contractor agrees that NASPO ValuePoint controls which contracts appear in the eMarket Center and that NASPO ValuePoint may elect at any time to remove any supplier’s offering from the eMarket Center. j. The Lead State reserves the right to approve the pricing on the eMarket Center. This catalog review right is solely for the benefit of the Lead State and Participating Entities, and the review and approval shall not waive the requirement that products and services be offered at prices (and approved fees) required by the Master Agreement. k. Several NASPO ValuePoint Participating Entities currently maintain separate JAGGAER eMarketplaces, these Participating Entities do enable certain NASPO ValuePoint Cooperative Contracts. In the event one of these entities elects to use this NASPO ValuePoint Cooperative Contract (available through the eMarket Center) but publish to their own eMarketplace, the Contractor agrees to work in good faith with the entity and NASPO ValuePoint to implement the catalog.
NASPO ValuePoint does not anticipate that this will require substantial additional efforts by the Contractor; however, the supplier agrees to take commercially reasonable efforts to enable such separate JAGGAER catalogs. (December 2017)
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