HomeMy WebLinkAboutPurchase - Patrol Motorcycles of PD PoliceSTAFF REPORT
CITY OF PALM DESERT
ADMINISTRATIVE SERVICE DEPARTMENT
MEETING DATE: October 29, 2020
PREPARED BY: Stephen Y. Aryan, Risk Manager
REQUEST: Authorize the purchase of three Patrol BMW Motorcycles for $87,214.62
for the Palm Desert Police Department, from BMW Motorcycles of
Riverside, California.
Recommendation
By Minute Motion,
1. Authorize the purchase of three Patrol BMW Motorcycles (R 1250RT-P) for
$87,214.62 from BMW Motorcycles of Riverside, California, consistent with
the terms and conditions of the County of Orange Contract PO-060-20010474
and pursuant to Palm Desert Municipal Code Section (PDMC) 3.30.160(E).
2. Appropriate $87,214.62 from Account # 2294210-4391400 for the purchase of
three (3) new BMW police motorcycles.
3. Approve the motor replacement schedule as outlined in this report.
4. Declare three Honda police motorcycles and two BMW police motorcycles
identified in this report as surplus and dispose of via auction or salvage.
Commission Action
The Palm Desert Public Safety Commission reviewed this matter on October 14, 2020, and
recommend the City Council approve this matter as recommended.
Strateqic Plan ❑biective
This item relates to the Public Safety and Emergency Services section of the Palm Desert
Strategic Plan, specifically under Priority 1: Enhance the delivery of public safety services. The
priority's strategy is to expand the existing superlative services provided by the fire and police
departments to address future growth and safety concerns. The purchase of three new BMW
R 125ORT-P motorcycles permits the Police Department Traffic Enforcement Team to continue
mitigating traffic safety concerns and provide accelerated response to emergencies.
Backqround Analysis
The Palm Desert Police ❑epartment's Traffic Enforcement Team is comprised of one Traffic
Sergeant and four Motor Officers. The sergeant and officers are each assigned a fully outfitted
police motorcycle. The majority of the motor fleet consist of BMW Police motorcycles, but three
older Honda motors also remain in the fleet. The BMW model is a purpose-built motorcycle
October 29, 2020 - Staff Report
Police Motorcycle Purchase & Replacement Schedule
Page 2 of 3
designed specifically for law enforcement. It has been widely adopted as a standard motorcycle
by law enforcement agencies throughout the nation. Its popularity is attributable to its design,
safety rating and flexibility for various assignments and purposes. Therefore, this vehicle is the
standard motorcycle for the Palm Desert Police Department. The table below identifies the
current motor fleet, with the highlighted vehicles recommended for replacement or surplus as
noted:
WB10A1302GZ196296
WB1044009DZW22266
WB1044000D7W22267
WB10A1307FZ192582
WB1044004D7W21767
JH2SC51709K600146
WB1044004DZW21768
JH2SC51767M500182
JH2SC51737M500172
*as of September 1, 2020
2016 BMW/M-871
2013 BMWIM-875
2013 BMW /Spare
2015 BMW/M-872
2012 BMW/M-877
2009 Honda/M-130
2012 BMW/Spare
2007 Honda/Trainer
2007 Honda/Trainer
38,398
NIA
62,315
Reassign to Traffic Sergeant
81,560
Replace & keep as spare
93,775
Replace & use as trainer
89,228
Replace & surplus
91,226
Surplus
105,852
Surplus
94,587
Surplus
43,818
Surplus
In 2012, the City Council approved the following police motor replacement schedule:
FISCAL YEAR
FY 2011 /12
FY 2013/14
FY 2014/15-Thereafter
REPLACEMENT RECOMMENDATION
Replaced Two BMW Units
Replaced Two BMW Units
Replace One Honda Unit p/year
Under the current Traffic Enforcement Team staffing model, this schedule is no longer realistic
and operationally inefficient. The City Council last approved replacement of a motor unit on
January 26, 2017, with the purchase of a 2016 BMW police motorcycle. Due to the subsequent
reorganization of the motor team, staff recommends the modified replacement schedule below.
Vehicles will be rotated out every five years under this proposal, with consideration also given
to its maintenance history. Based on a review by Santa Monica Police Department, who also
operate the same police motors, five years is approximately when the total maintenance costs
reach the original purchase amount.
FISCAL YEAR
FY 2020/21
FY 2021 /22
FY 2022/23
FY 2023/24
FY 2024/25
REPLACEMENT RECOMMENDATION
Replace Three Motor Units (current action)
Replace One Motor Unit
Replace One Motor Unit
Replace One Motor Unit
Replace One Motor Unit
FY 2025/26-Therafter Replace Motor Units Older Than 5 Years
October 29, 2020 - Staff Report
Police Motorcycle Purchase & Replacement Schedule
Page 3 of 3
Fiscal Analvsis
Staff respectfully recommends the purchase of three BMW R 1250RT-P Police motorcycles
(model year 2020 or newer) from BMW Motorcycles of Riverside in accordance with Palm
Desert Municipal Code Section (PDMC) 3.30.160(E).
The BMW Police motorcycle was already competitively bid by the County of Orange and
awarded to BMW Motorcycles of Riverside through Solicitation #060-0O21545-RC and under
Contract #PO-060-20010474. PDMC Section 3.30.130(E) allows the City to piggyback on
contracts that have already been competitively bid.
The vendor per unit cost is $29,071.54. Staff recommends utilizing this approach to expedite
the motorcycle purchase and ensure specifications match those developed for and utilized
by law enforcement agencies. Citizens Option for Public Safety (COPS) grant funds will be
used (Account # 2294210-4391400) for the entire purchase cost of $87,214.62 and no
General Fund appropriation is requested.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW
N/A Lori Carney �1a,1�-Yrofl
Robert W. Hargreaves Lori Carney Janet M. Moore
City Attorney Director of Administrative Director of Finance
Services
Interim City Manager Randy Bynder: Randy Byndev—
ASSISTANT
CITY MANAGER
.Andy Firestine
Andy Firestine
Assistant City Manager
Attachment: 1. Contract #PO-060-20010474 (signed October 8, 2019)
2. Orange County Solicitation #060-0O21545-RC (concluded September 6, 2019)
3. Palm Desert Municipal Code Section (PDMC) 3.30.160
Contract PO-060-20010474
with
Ride on Powersports, Inc. dba BMW Motorcycles of Riverside
for
Purchase and Delivery of a BMW Motorcycle
This Contract PO-060-20010474 for the Purchase and Delivery of a BMW Motorcycle (hereinafter referred
to as "Contract') is made and entered into as of the date fully executed by and between the County of
Orange, a political subdivision of the State of California; (hereinafter referred to as "County") and Ride on
Powersports, Inc. dba BMW Motorcycles of Riverside, with a place of business at 7740 Indiana Ave.,
Riverside, CA 92504-4134 (hereinafter referred to as "Contractor"), with a County and Contractor
sometimes referred to as "Party" or collectively as "Parties".
ATTACHMENTS
This Contract is comprised of this documents and the following Attachments, which are attached
hereto and incorporated by reference into this Contract:
Attachment A — Scope of Work
Attachment B — Compensation and Pricing Provision
RECITALS
WHEREAS, Contractor and County are entering into this Contract for the Purchase and Delivery
of a BMW Motorcycle under a firm fixed fee Contract; and
WHEREAS, County solicited Contract for the Purchase and Delivery of a BMW Motorcycle as set
forth herein, and Contractor represented that it is qualified to provide a Motorcycle to the County as further
set forth here; and
WHEREAS, Contractor agrees to provide a BMW Motorcycle to the County as further set forth in
the Scope of Work, attached hereto as Attachment A; and
WHEREAS, County agrees to pay Contractor based on the schedule of fees set forth in
Compensation and Pricing Provision, attached hereto as Attachment B; and
NOW, THEREFORE, the Parties mutually agree as follows:
ARTICLES
General Terms and Conditions:
A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California
and shall be governed by and construed under the laws of the state of California. In the event of any
legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of
competent jurisdiction located in Orange County, California, and the parties hereto agree to and do
hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.
Furthermore, the parties specifically agree to waive any and all rights to request that an action be
transferred for adjudication to another county.
B. Entire Contract: This Contract contains the entire Contract between the parties with respect to the
matters herein, and there are no restrictions, promises, warranties or undertakings other than those
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set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or
binding on County unless authorized by County in writing. Electronic acceptance of any additional
terms, conditions or supplemental Contracts by any County employee or agent, including but not
limited to installers of software, shall not be valid or binding on County unless accepted in writing
by County's Purchasing Agent or designee.
C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in
writing and signed by the parties; no oral understanding or agreement not incorporated herein shall
be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid
or binding on County unless authorized by County in writing.
D. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state
sales or use tax. Out-of-state Contractors shall indicate Califomia Board of Equalization permit
number and sales permit number on invoices, if California sales tax is added and collectable. If no
permit numbers are shown, sales tax will be deducted from payment. The Auditor -Controller will
then pay use tax directly to the State of California in lieu of payment of sales tax to the Contractor.
E. Delivery: Time of delivery of goods or services is of the essence in this Contract. County reserves
the right to refuse any goods or services and to cancel all or any part of the goods not conforming to
applicable specifications, drawings, samples or descriptions or services that do not conform to the
prescribed statement of work. Acceptance of any part of the order for goods shall not bind County
to accept future shipments nor deprive it of the right to return goods already accepted at Contractor's
expense. Over shipments and under shipments of goods shall be only as agreed to in writing by
County. Delivery shall not be deemed to be complete until all goods or services have actually been
received and accepted in writing by County.
F. Acceptance Payment: Unless otherwise agreed to in writing by County, 1) acceptance shall not be
deemed complete unless in writing and until all the goods/services have actually been received,
inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after
satisfactory acceptance by the County and in accordance to Attachment B, Payment and
Compensation.
G. Warranty: Contractor expressly warrants that the goods covered by this Contract are 1) free of liens
or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and
3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute
an agreement upon Contractor's part to indemnify, defend and hold County and its indemnities as
identified in paragraph "Z" below, and as more fully described in paragraph "Z," harmless from
liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by
County by reason of the failure of the goods/services to conform to such warranties, faulty work
performance, negligent or unlawful acts, and non-compliance with any applicable state or federal
codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and
the California Industrial Safety Act. Such remedies shall be in addition to any other remedies
provided by law.
H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this
Contract, Contractor shall be solely responsible for clearing the right to use any patented or
copyrighted materials in the performance of this Contract. Contractor warrants that any software as
modified through services provided hereunder will not infringe upon or violate any patent, proprietary
right, or trade secret right of any third party. Contractor agrees that, in accordance with the more
specific requirement contained in paragraph "Z" below, it shall indemnify, defend and hold County
and County Indemnitees harmless from any and all such claims and be responsible for payment of all
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costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and
expenses but not including attorney's fees.
I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs,
successors, executors, administrators and assigns of the parties. Furthermore, neither the
performance of this Contract nor any portion thereof may be assigned by Contractor without the
express written consent of County. Any attempt by Contractor to assign the performance or any
portion thereof of this Contract without the express written consent of County shall be invalid and
shall constitute a breach of this Contract.
J. Non -Discrimination: In the performance of this Contract, Contractor agrees that it will comply with
the requirements of Section 1735 of the California Labor Code and not engage nor permit any
subcontractors to engage in discrimination in employment of persons because of the race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
marital status, or sex of such persons. Contractor acknowledges that a violation of this provision
shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code. .
K. Termination: In addition to any other remedies or rights it may have by law, County has the right to
immediately terminate this Contract without penalty for cause or after 30 days' written notice without
cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any
misrepresentation or fraud on the part of the Contractor. Exercise by County of its right to terminate
the Contract shall relieve County of all further obligation.
L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and
no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed
to have waived or consented. Any consent by any party to, or waiver of, a breach by the other,
whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different
or subsequent breach.
M. Independent Contractor: Contractor shall be considered an independent contractor and neither
Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an
employee of County. Neither Contractor, its employees nor anyone working under Contractor shall
qualify for workers' compensation or other fringe benefits of any kind through County.
N. Performance Warranty: Contractor shall warrant all work under this Contract, taking necessary steps
and precautions to perform the work to County's satisfaction. Contractor shall be responsible for the
professional quality, technical assurance, timely completion and coordination of all documentation
and other goods/services furnished by the Contractor under this Contract. Contractor shall perform
all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary
labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and
maintain all permits and licenses required by public authorities, including those of County required
in its governmental capacity, in connection with performance of the work. If permitted to subcontract,
Contractor shall be fully responsible for all work performed by subcontractors.
O. Insurance Provisions: Contractor will need to comply with the following insurance requirements if
making the deliveries to the County of Orange. No insurance is required if a common carrier makes
deliveries to the County of Orange.
Prior to the provision of services under this contract, the Contractor agrees to purchase all required
insurance at Contractor's expense, including all endorsements required herein, necessary to satisfy
the County that the insurance provisions of this contract have been complied with. Contractor agrees
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to keep such insurance coverage, Certificates of Insurance, and endorsements on deposit with the
County during the entire term of this contract. In addition, all subcontractors performing work on
behalf of Contractor pursuant to this contract shall obtain insurance subject to the same terms and
conditions as set forth herein for Contractor.
Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant to
this contract shall be covered under Contractor's insurance as an Additional Insured or maintain
insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall
not allow subcontractors to work if subcontractors have less than the level of coverage required by
County from Contractor under this contract. It is the obligation of Contractor to provide notice of the
insurance requirements to every subcontractor, and to receive proof of insurance prior to allowing
any subcontractor to begin work. Such proof of insurance must be maintained by Contractor through
the entirety of this contract for inspection by County representative(s) at any reasonable time.
All self -insured retentions (SIRS) shall be clearly stated on the Certificate of Insurance. Any self -
insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically
be approved by the County's Risk Manager, or designee, upon review of Contractor's current audited
financial report. If Contractor's SIR is approved, Contractor, in addition to, and without limitation
of, any other indemnity provision(s) in this Contract, agrees to all of the following:
1) In addition to the duty to indemnify and hold the County harmless against any and all liability,
claim, demand or suit resulting from Contractor's, its agents, employee's or subcontractor's
performance of this Contract, Contractor shall defend the County at its sole cost and expense
with counsel approved by Board of Supervisors against same; and
2) Contractor's duty to defend, as stated above, shall be absolute and irrespective of any duty
to indemnify or hold harmless; and
3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to
which the duty to defend stated above applies, and the Contractor's SIR provision shall be
interpreted as though the Contractor was an insurer and the County was the insured.
If the Contractor fails to maintain insurance acceptable to the County for the full term of this contract,
the County may terminate this contract.
Oualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure
A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of
the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not
mandatory, that the insurer be licensed to do business in the State of California (California Admitted
Carrier).
If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk
Management retains the right to approve or reject a carrier after a review of the company's
performance and financial ratings.
The policy or policies of insurance maintained by the Contractor shall provide the minimum limits
and coverage as set forth below:
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Coverage
Commercial General Liability
Automobile Liability including coverage
for owned, non -owned and hired vehicles
Workers' Compensation
Employers' Liability Insurance
Required Coverage Forms
Minimum Limits
$1,000,000 per occurrence
$2,000,000 aggregate
$1,000,000 per occurrence
Statutory
$1,000,000 per occurrence
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form
CG 00 01, or a substitute form providing liability coverage at least as broad.
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12,
CA 00 20, or a substitute form providing liability coverage as broad.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall
accompany the Certificate of Insurance:
1) An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as
broad naming the County of Orange, its elected and appointed officials, officers, employees and
agents as Additional Insured's, or provide blanket coverage, which will state As Required By
Written Contract.
2) A primary non-contributing endorsement using ISO Form CG 20 01 04 13, or a form at
least as broad evidencing that the Contractor's insurance is primary and any insurance or self-
insurance maintained by the County of Orange shall be excess and non-contributing.
The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all
rights of subrogation against the County of Orange, its elected and appointed officials, officers,
employees and agents, or provide blanket coverage, which will state As Required By Written
Contract.
All insurance policies required by this contract shall waive all rights of subrogation against the
County of Orange, its elected and appointed officials, officers, employees and agents when acting
within the scope of their appointment or employment.
Contractor shall notify County in writing within thirty (30) days of any policy cancellation and ten
(10) days for non-payment of premium and provide a copy of the cancellation notice to County.
Failure to provide written notice of cancellation may constitute a material breach of the contract, upon
which the County may suspend or terminate this contract.
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The Commercial General Liability policy shall contain a severability of interest's clause, also known
as a "separation of insured's" clause (standard in the ISO CG 001 policy).
Insurance certificates should be forwarded to the agency/department address listed on the solicitation.
If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days
of notification by CEO/Purchasing or the agency/department purchasing division, award may be
made to the next qualified vendor.
County expressly retains the right to require Contractor to increase or decrease insurance of any of
the above insurance types throughout the term of this contract. Any increase or decrease in insurance
will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County.
County shall notify Contractor in writing of changes in the insurance requirements. If Contractor
does not deposit copies of acceptable Certificates of Insurance and endorsements with County
incorporating such changes within thirty (30) days of receipt of such notice, this contract may be
in breach without further notice to Contractor, and County shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed to limit
Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of
this contract, nor act in any way to reduce the policy coverage and limits available from the
insurer.
P. Changes: Contractor shall make no changes in the work or perform any additional work without the
County's specific written approval.
Q. Change of Ownership/Name, Litigation Status, Conflict with County Interests: Contractor agrees
that if there is a change or transfer in ownership of Contractor's business prior to completion of this
Contract, and the County agrees to an assignment of the Contract, the new owners shall be required
under the terms of sale or other instruments of transfer to assume Contractor's duties and Contractor
obligations contained in this Contract and complete them to the satisfaction of the County.
County reserves the right to immediately terminate the Contract in the event the County determines
that the assignee is not qualified or is otherwise unacceptable to the County for the provision of
services under the Contract.
In addition, Contractor has the duty to notify the County in writing of any change in the Contractor's
status with respect to name changes that do not require an assignment of the Contract. The Contractor
is also obligated to notify the County in writing if the Contractor becomes a party to any litigation
against the County, or a party to litigation that may reasonably affect the Contractor's performance
under the Contract, as well as any potential conflicts of interest between Contractor and County that
may arise prior to or during the period of Contract performance. While Contractor will be required
to provide this information without prompting from the County any time there is a change in
Contractor's name, conflict of interest or litigation status, Contractor must also provide an update to
the County of its status in these areas whenever requested by the County.
The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that
could result in a conflict with County interests. In addition to the Contractor, this obligation shall
apply to the Contractor's employees, agents, and subcontractors associated with the provision of
goods and services provided under this Contract. The Contractor's efforts shall include, but not be
limited to establishing rules and procedures preventing its employees, agents, and subcontractors
from providing or offering gifts, entertainment, payments, loans or other considerations which could
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be deemed to influence or appear to influence County staff or elected officers in the performance of
their duties.
R. Force Majeure: Contractor shall not be assessed or be found in breach during any delay beyond the
time named for the performance of this Contract caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Contractor gives written
notice of the cause of the delay to County within 36 hours of the start of the delay and Contractor
avails himself of any available remedies.
S. Confidentiality: Contractor agrees to maintain the confidentiality of all County and County -related
records and information pursuant to all statutory laws relating to privacy and confidentiality that
currently exist or exist at any time during the term of this Contract. All such records and information
shall be considered confidential and kept confidential by Contractor and Contractor's staff, agents
and employees.
T. Compliance with Taws: Contractor represents and warrants that services to be provided under this
Contract shall fully comply, at Contractor's expense, with all standards, laws, statutes, restrictions,
ordinances, requirements, and regulations (collectively "laws"), including, but not limited to those
issued by County in its governmental capacity and all other laws applicable to the services at the time
services are provided to and accepted by County. Contractor acknowledges that County is relying
on Contractor to ensure such compliance, and pursuant to the requirements of paragraph "Z" below,
Contractor agrees that it shall defend, indemnify and hold County and County INDEMNITEES
harmless from all liability, damages, costs and expenses arising from or related to a violation of such
laws.
U. Freight: Prior to the County's express acceptance of delivery of products. Contractor assumes full
responsibility for all transportation, transportation scheduling, packing, handling, insurance, and
other services associated with delivery of all products deemed necessary under this Contract.
V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof
shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract,
each party shall bear their own attorney's fees, costs and expenses.
X. Interpretation: This Contract has been negotiated at arm's length and between persons sophisticated
and knowledgeable in the matters dealt with in this Contract. In addition, each party had been
represented by experienced and knowledgeable independent legal counsel of their own choosing or
has knowingly declined to seek such counsel despite being encouraged and given the opportunity to
do so. Each party further acknowledges that they have not been influenced to any extent whatsoever
in executing this Contract by any other party hereto or by any person representing them, or both.
Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that
would require interpretation of any ambiguities in this Contract against the party that has drafted it is
not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable
manner to effect the purpose of the parties and this Contract.
Y. Employee Eligibility Verification: The Contractor warrants that it fully complies with all Federal
and State statutes and regulations regarding the employment of aliens and others and that all its
employees performing work under this Contract meet the citizenship or alien status requirement set
forth in Federal statutes and regulations. The Contractor shall obtain, from all employees performing
work hereunder, all verification and other documentation of employment eligibility status required
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by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and
Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter
amended. The Contractor shall retain all such documentation for all covered employees for the period
prescribed by the law. The Contractor shall indemnify, defend with counsel approved in writing by
County, and hold harmless, the County, its agents, officers, and employees from employer sanctions
and any other liability which may be assessed against the Contractor or the County or both in
connection with any alleged violation of any Federal or State statutes or regulations pertaining to the
eligibility for employment of any persons performing work under this Contract.
Z. Indemnification: Contractor agrees to indemnify, defend with counsel approved in writing by
County, and hold County, its elected and appointed officials, officers, employees, agents and those
special districts and agencies which County's Board of Supervisors acts as the governing Board
("County Indemnitees") harmless from any claims, demands or liability of any kind or nature,
including but not limited to personal injury or property damage, arising from or related to the services,
products or other performance provided by Contractor pursuant to this Contract. If judgment is
entered against Contractor and County by a court of competent jurisdiction because of the concurrent
active negligence of County or County Indemnitees, Contractor and County agree that liability will
be apportioned as determined by the court. Neither party shall request a jury apportionment.
AA. Audits/Inspections: Contractor agrees to permit the County's Auditor -Controller or the Auditor -
Controller's authorized representative (including auditors from a private auditing firm hired by the
County) access during normal working hours to all books, accounts, records, reports, files, financial
records, supporting documentation, including payroll and accounts payable/receivable records, and
other papers or property of Contractor for the purpose of auditing or inspecting any aspect of
performance under this Contract. The inspection and/or audit will be confined to those matters
connected with the performance of the Contract including, but not limited to, the costs of
administering the Contract. The Countywill provide reasonable notice of such an audit or inspection.
The County reserves the right to audit and verify the Contractor's records before final payment is
made.
Contractor agrees to maintain such records for possible audit for a minimum of three years after final
payment, unless a longer period of records retention is stipulated under this Contract or by law.
Contractor agrees to allow interviews of any employees or others who might reasonably have
information related to such records. Further, Contractor agrees to include a similar right to the County
to audit records and interview staff of any subcontractor related to performance of this Contract.
Should the Contractor cease to exist as a legal entity, the Contractor's records pertaining to this
agreement shall be forwarded to the County's project manager.
BB. Contingency of Funds: Contractor acknowledges that fimding or portions of funding for this Contract
may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by,
the state of California to County; and inclusion of sufficient funding for the services hereunder in the
budget approved by County's Board of Supervisors for each fiscal year covered by this Contract. If
such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may
immediately terminate or modify this Contract without penalty.
CC. Expenditure Limit: The Contractor shall notify the County of Orange assigned Deputy Purchasing
Agent in writing when the expenditures against the Contract reach 75 percent of the dollar limit on
the Contract. The County will not be responsible for any expenditure overruns and will not pay for
work exceeding the dollar limit on the Contract unless a change order to cover those costs has been
issued.
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Sheriff -Coroner Department Purchase and Delivery of a BMW Motorcycle File No.: CO21945
Revised 7110119
Additional Terms and Conditions
1. Scope of Contract: This Contract specifies the contractual terms and conditions by which County will
procure and receive goods/services from Contractor as set forth in the Scope of Work, which is
attached hereto as Attachment A and incorporated by this reference.
2. Term of Contract: This Contract is for the one-time Purchase and Delivery of a Motorcycle and shall
commence upon execution of all necessary signatures.
3. Renewal: This Contract may not be renewed.
4. Adjustments — Scope of Work: No adjustments made to the Scope of Work will be authorized without
prior written approval of the County assigned Deputy Purchasing Agent.
Breach of Contract: The failure of the Contractor to comply with any of the provisions, covenants or
conditions of this Contract shall be a material breach of this Contract. In such event the County may,
and in addition to any other remedies available at law, in equity, or otherwise specified in this
Contract:
a) Terminate the Contract immediately, pursuant to Section K herein;
b) Afford the Contractor written notice of the breach and ten (10) calendar days or such
shorter time that may be specified in this Contract within which to cure the breach;
c) Discontinue payment to the Contactor for and during the period in which the Contractor is
in breach; and
d) Offset against any monies billed by the Contractor but yet unpaid by the County those
monies disallowed pursuant to the above.
6. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions of
Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation
Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans
with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting
discrimination on the basis of race, color, national origin, ethnic group identification, age, religion,
marital status, sex or disability.
7. Conflict of Interest — Contractor's Personnel: The Contractor shall exercise reasonable care and
diligence to prevent any actions or conditions that could result in a conflict with the best interests of
the County. This obligation shall apply to the Contractor; the Contractor's employees, agents, and
subcontractors associated with accomplishing work and services hereunder. The Contractor's efforts
shall include, but not be limited to establishing precautions to prevent its employees, agents, and
subcontractors from providing or offering gifts, entertainment, payments, loans or other
considerations which could be deemed to influence or appear to influence County staff or elected
officers from acting in the best interests of the County.
Conflict of Interest — County Personnel: The County of Orange Board of Supervisors policy prohibits
its employees from engaging in activities involving a conflict of interest. The Contractor shall not,
during the period of this Contract, employ any County employee for any purpose.
9. Contractor's Project Manager and Key Personnel: Contractor shall appoint a Project Manager to
direct the Contractor's efforts in fulfilling Contractor's obligations under this Contract. This Project
Manager shall be subject to approval by the County and shall not be changed without the written
consent of the County's Project Manager, which consent shall not be unreasonably withheld.
County of Orange PO-060-20010474 Page 9 of 20
Sherif Coroner Department Purchase and Delivery of a BMW Motorcycle File No.: CO21545
Revised 7110119
The Contractor's Project Manager shall be assigned to this project for the duration of the Contract
and shall diligently pursue all work and services to meet the project time lines. The County's Project
Manager shall have the right to require the removal and replacement of the Contractor's Project
Manager from providing services to the County under this Contract. The County's Project manager
shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal
within five (5) business days after written notice by the County's Project Manager. The County's
Project Manager shall review and approve the appointment of the replacement for the Contractor's
Project Manager. The County is not required to provide any additional information, reason or
rationale in the event it The County is not required to provide any additional information, reason or
rationale in the event it requires the removal of Contractor's Project Manager from providing further
services under the Contract.
10. Contractor Personnel -- Reference Checks: The Contractor warrants that all persons employed to
provide service under this Contract have satisfactory past work records indicating their ability to
adequately perform the work under this Contract. Contractor's employees assigned to this project
must meet character standards as demonstrated by background investigation and reference checks,
coordinated by the agency/department issuing this Contract.
It. Contractor's Expense: The Contractor will be responsible for all costs related to photo copying,
telephone communications, fax communications, and parking while on County sites during the
performance of work and services under this Contract. The County will not provide free parking for
any service in the County Civic Center.
12. Contractor Personnel — Uniform/Badges/Identification: The Contractor warrants that all persons
employed to provide service under this Contract have satisfactory past work records indicating their
ability to accept the kind of responsibility under this Contract.
All Contractor's employees shall be required to wear uniforms, badges, or other means of
identification which are to be furnished by the Contractor and must be work at all times while working
on County property. The assigned Deputy Purchasing Agent must be notified in writing, within seven
(7) days of notification of award of Contract of the uniform and/or badges and/or other identification
to be worn by employees prior to beginning work and notified in writing seven (7) days prior to any
changes in this procedure.
13. Contractor's Records: The Contractor shall keep true and accurate accounts, records, books and data
which shall correctly reflect the business transacted by the Contractor in accordance with generally
accepted accounting principles. These records shall be stored in Orange County for a period of three
(3) years after final payment is received from the County. Storage of records in another county will
require written approval from the County of Orange assigned Deputy Purchasing Agent.
14. Conditions Affecting Work: The Contractor shall be responsible for taking all steps reasonably
necessary to ascertain the nature and location of the work to be performed under this Contract and to
know the general conditions which can affect the work or the cost thereof. Any failure by the
Contractor to do so will not relieve Contractor from responsibility for successfully performing the
work without additional cost to the County. The County assumes no responsibility for any
understanding or representations concerning the nature, location(s) or general conditions made by
any of its officers or agents prior to the execution of this Contract, unless such understanding or
representations by the County are expressly stated in the Contract.
15. County of Orange Child Support Enforcement: Contractor certifies it is in full compliance with all
applicable federal and state reporting requirements regarding its employees and with all lawfully
served Wage and Earnings Assignment Orders and Notices of Assignments and will continue to be
County of Orange PO-060-20010474 Page 10 of 20
Sheriff -Coroner Department Purchase and Delivery of a BMW il4otorcycle File No.: CO21545
Revised 7110119
in compliance throughout the term of the Contract with the County of Orange. Failure to comply shall
constitute a material breach of the Contract and failure to cure such breach within 60 calendar days
of notice from the County shall constitute grounds for termination of the Contract."
16. Data — Title To: All materials, documents, data or information obtained from the County data files
or any County medium furnished to the Contractor in the performance of this Contract will at all
tunes remain the property of the County. Such data or information may not be used or copied for
direct or indirect use by the Contractor after completion or termination of this Contract without the
express written consent of the County. All materials, documents, data or information, including
copies, must be returned to the County at the end of this Contract.
17. Default -- Reprocurement Costs: In case of Contract breach by Contractor, resulting in termination
by the County, the County may procure the goods and/or services from other sources. If the cost for
those goods and/or services is higher than under the terms of the existing Contract, Contractor will
be responsible for paying the County the difference between the Contract cost and the price paid, and
the County may deduct this cost from any unpaid balance due the Contractor. The price paid by the
County shall be the prevailing market price at the time such purchase is made. This is in addition to
any other remedies available under this Contract and under law.
18. Drug -Free Workplace: The Contractor hereby certifies compliance with Government Code Section
8355 in matters relating to providing a drug -free workplace. The Contractor will:
1. 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, as required by
Government Code Section 8355(a)(1).
2. Establish a drug -free awareness program as required by Government Code Section
8355(a)(2) to inform employees about all of the following:
a. The dangers of drug abuse in the workplace;
b. The organization's policy of maintaining a drug -free workplace;
C. Any available counseling, rehabilitation and employee assistance
programs; and
d. Penalties that may be imposed upon employees for drug abuse
violations.
Provide as required by Government Code Section 8355(a)(3) that every employee
who works under this Contract:
a. Will receive a copy of the company's drug -free policy statement; and
b. Will agree to abide by the terms of the company's statement as a condition
of employment under this Contract.
Failure to comply with these requirements may result in suspension of payments under the Contract
or termination of the Contract or both, and the Contractor may be ineligible for award of any future
County contracts if the County determines that any of the following has occurred:
1. The Contractor has made false certification, or
County of Orange PO-060-20010474 Page 11 of 20
Sheriff -Coroner Department Purchase and Delivery of a BAMMotorcycle File No.: CO21545
Revised 7110119
2. The Contractor violates the certification by failing to carry out the requirements• as
noted above.
10. EDD .Independent Contractor Reporting Requirements: Effective January. 1, 2001, the County of
Orange is required to file in accordance with subdivision (a) of Section 6041A ofthe Internal Revenue
Code for services received from a "service.provider" to whom the County pays $600 or more or with
whom the County enters into a. contract for $600 or more .within .a single calendar year. The purpose
ofthis reporting requirement is to increase child support collection by helping:to locate parents "who
are delinquent in their child support obligations..
The Term "service provider" is defined in California Unemployment Insurance Code Section 1088.8;
subparagraph B:2 -as "an individual .who is not an employee of the. service recipient for California
purposes and who received compensation or executes a contract for .seivices performed for that
.service recipient within or without, the state." Theterm is further defined by the California
Employment Development Department to refer specifically to independent Contractors. An
independent -Contractor is defined as "an individual who is not'an employee of the .. government
entity for California purposes and who receives compensation or executes a contract for, services
performed for that.... government entity either in or outside of California."
The reporting requirement does not apply to corporations, general partnerships, limited liability
partnerships; 'and limited liability companies.
Additional information on this reporting requirement can be found at- the California: Employment
Development Department web site located at httb:/1.www:edcl:ca:Qov/Eintilover Services.htm
20. Emergency/Declared Disaster Requirements: In, the event of an emergency or if Orange County is
declared a disaster area by the County, state or federal government, this .Contract may be -subjected
to unusual usage. The Contractor shall service the County during such an emergency or declared
disaster under the same terms and conditions that apply during non-emergency%disaster conditions.
The pricing quoted by the Contractor shall apply to serving the County's needs regardless of the.
circumstances. If the Contractor is unable to supply the goods/services under the terms of the
,Contract, then the Contractor shall provide proof of such disruption and a copy of the invoice for the
goods/services from the Contractor's supplier(s). Additional prorit.margin as a result of supplying
goods/services during an ernergency,or•a declared disaster shall not be permitted In the event of an -
emergency or declared.disaster, emergency purchase order numbers will be assigned. All applicable
invoices from the Contractor shall show both the emergency purchase order numbenand the Contract
number.
21.. Errors and Omissions' All reports, files. and other documents prepared and submitted by Contractor
shall be completeand shall be carefiilly checked by the professionals) identified by Contractor as
project manager and key personnel attached hereto, prior to submission to the County. Contractor
agrees that County review is discretionary and Contractor shall not. assume that the County' will
discover errors and/or omissions. If the County discovers any errors or omissions prior to approving.
Contractor's reports, files and other written documents, the reports, files or documents will be
returned to Contractor for correction. Should the County or others discover errors or omissions in the
reports, files of other written documents submittedby the Contractor after. County approval thereof,
County approval of Contractor's reports, files or documents shall not be used, as a defense by
Contractor in any action between the County, and Contractor, and the reports, files 'or documents will
be returned to Contractor for correction.
22. Equal Employment Opportunity: The Contractor shall comply with U.S. Executive Order 11246
entitled; "Equal Employment..Opportunity'-' as amended by Executive ,Order 11375 and as
County of Orange P0-060-26010474 Page 12 of 20
Shet ff Coroner. Department Purchase and.Delivery of'a BMWMotorcycle Fite No.: CO21S4S
Revised 7110/19
supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of Californi a
regulations as may now exist or be amended in the future. The Contractor shall not discriminate
against any employee or applicant for employment on the basis of race, color, national origin,
ancestry, religion, sex, marital status, political affiliation or physical or mental condition.
Regarding handicapped persons, the Contractor will not discriminate against any employee or
applicant for employment because of physical or mental handicap in regard to any position for which
the employee or applicant for employment is qualified. The Contractor agrees to provide equal
opportunity to handicapped persons in employment or in advancement in employment or otherwise
treat qualified handicapped individuals without discrimination based upon their physical or mental
handicaps in all employment practices such as the following: employment, upgrading, promotions,
transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation,
and selection for training, including apprenticeship. The Contractor agrees to comply with the
provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to
prohibition of discrimination against qualified handicapped persons in all programs and/or activities
as detailed in regulations signed by the Secretary of the Department of Health and Human Services
effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as
may now exist or be amended in the future.
Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of
Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in
the future.
23. News/Information Release: The Contractor agrees that it will not issue any news releases in
connection with either the award of this Contract or any subsequent amendment of or effort under
this Contract without first obtaining review and written approval of said news releases from the
County through the County's Project Manager.
24. Notices: Any and all notices, requests demands and other communications contemplated, called for,
permitted, or required to be given hereunder shall be in writing with a copy provided to the assigned
Deputy Purchasing Agent (DPA), except through the course of the parties' project managers' routine
exchange of information and cooperation during the terms of the work and services. Any written
communications shall be deemed to have been duly given upon actual in -person delivery, if delivery
is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar
days after being mailed by US certified or registered mail, return receipt requested, postage prepaid,
whichever occurs first. The date of mailing she count as the first day. All communications shall be
addressed to the appropriate party at the address stated herein or such other address as the parties
hereto may designate by written notice from time to time in the manner aforesaid.
Contractor: Ride on Powersports, Inc. dba BMW Motorcycles of Riverside
7740 Indiana Ave.
Riverside, CA 92504-4134
Attn: Daniel Schoo
Ph: 951-353-0607
Email: dan@bmwmotorcyclesofriverside.com
County: Sheriff -Coroner Department/Sub Station
11 Journey
Aliso Viejo, CA 92656
Attn: Scott Merrill
Ph:949-425-1903
Email: sjmerrill@ocsd.org
County of Orange PO-060-20010474 Page 13 of 20
Sheriff=Coroner Department Purchase and Delivery of a BMW Motorcycle File No.: CO21545
Revised 7110119
Assigned DPA: County of Orange
Sheriff -Coroner Department/Purchasing Services Unit
320 N. Flower Street, 2' Floor
Santa Ana, CA 92703
Attn: Ranique Cortez
Ph: 71-8344312
Email: rcortez@ocsd.org
25. Precedence: The Contract documents consist of this Contract and its exhibits and attachments. In
the event of a conflict between or among the Contract documents, the order of precedence shall be
the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and
articles of this Contract, and then the exhibits and attachments.
26. Termination — Orderly: After receipt of a termination notice from the County of Orange, the
Contractor may submit to the County a termination claim, if applicable. Such claim shall be
submitted promptly, but in no event later than 60 days from the effective date of the termination,
unless one or more extensions in writing are granted by the County upon written request of the
Contractor. Upon termination County agrees to pay the Contractor for all services performed prior
to termination which meet the requirements of the Contract, provided, however, that such
compensation combined with previously paid compensation shall not exceed the total compensation
set forth in the Contract. Upon termination or other expiration of this Contract, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by each
for purposes of performance of the Contract.
27. Usage: No guarantee is given by the County to the Contractor regarding usage of thus Contract.
Usage figures, if provided, are approximations. The Contractor agrees to supply services and/or
commodities requested, as needed by the County of Orange, at rates/prices listed in the Contract,
regardless of quantity requested.
28. Usage Reports: The Contractor shall submit usage reports on an annual basis to the assigned Deputy
Purchasing Agent of the County of Orange user agency/department. The usage report shall be in a
format specified by the user agency/department and shall be submitted 90 days prior to the expiration
date of the contract term, or any subsequent renewal term, if applicable.
29. Sub -Contracting: No performance of this Contract or any portion thereof may be subcontracted by
the Contractor without the express written consent of the County. Any attempt by the Contractor to
subcontract any performance of this Contract without the express written consent of the County shall
be invalid and shall constitute a breach of this Contract.
In the event that the Contractor is authorized by the County to subcontract, this Contract shall take
precedence over the terms of the Contract between Contractor and subcontractor, and shall
incorporate by reference the terms of this Contract. The County shall look to the Contractor for
performance and indemnification and not deal directly with any subcontractor. All work performed
by a subcontractor must meet the approval of the County of Orange.
30. Substitutions: The Contractor is required to meet all specifications and requirements contained
herein. No substitutions will be accepted without prior County written approval.
County of Orange PO-060-20010474 Page 14 of 20
Sheriff -Coroner Department Purchase and Delivery of a B.MWMotorcycle File No.: CO21545
Redsed 7110119
Signature Page
The Parties hereto have executed this Contract number PO-060-20010474 for the.Purchase and Delivery
of a BMW Motorcycle on the dates shown opposite their respective signatures below
C99racttgr*: Ride on Powersports, Inc. dba BMW Motorcycles of Riverside
B �..,r Title:
Print Name: -e L, Date: 1'-j IV, 71d/y
Contractor* Ride on Powersports,, Inc. dba BMW Motorcycles of Riverside
Bv: �QV114aJe-
PrintName:., %7Di1it .( Lf . !r1cl eD
Title: C -oc49 ..
Date:.
*If the contracting party is a corporation, (?) two signatures are -required• (1) signature, by the Chairman
of the Board the President or any .Vice President: and one (1) signature bylhe Secretary, ,airy Assistant
Secretary, the Chief Financial Ojficer or any Assistant Treasurer. Tito signature of one person alone is
st fcient to bind a corporation, as long as he or she holds corporate offices in each of the two categories
described above. For.County purposes, proof of such dual ofce.holding will be satisfied by having the
individual signthe instrument twice, each time indicating his or'her opce that qualifies .under the above
described provision.
1 the alternative; a.single corporate signature is acceptable when accompanied `by a corporate resolution
demonstrating the legal authority of the -signature to bind the company.
Coun�v Of Orarip
A political subdivision of the State of California
N� Sheriff -Coroner Depart_ ent
By; Title:(ii1tiG
Print Name: �y
- - -. Date:
County eorange• PO-060-20010474 Page 15 of20
Sheriff -Coroner Department Purchase and Delivery of d BMW Motorcycle File No.: CO21545
Rcv�ad iln7v
ATTACHMENT A
Scope of Work
Contractor shall provide a R 1250 RT-P BMW Motorcycle with the following specifications:
Qty.
Description
Option Code
BMW P/N
i
Color: Night Black & Alpine White 111
753
1
Gear Shift Assist Pro
222
1
GPS Preparation
272
1
Dynamic Package (219, 224+182)
238
1
Heated Seat
518
1
Tire Pressure Monitoring
530
1
Cruise Control
538
1
Weather Protection
649
1
Standard Blue Pod -Mounted ID Lights
SID
5
Red LED-X Light
63 17 2 361718
5
Blue LED-X Light
63 17 2 361 719
1
Duplex LED-XRed/Blue
63 17 2 361 730
6
White Torus LED TDL/Alley
63 17 2 361 722
2
Auxiliary LED Turn Signals
63 17 2 361 725
2
Auxiliary LED Brake/Tail.Light
63 17 2 361 726
1
Saddlebag LED Lights w/Sensor Switch
63 17 2 361 727
l
Round Blue License Plate ID Light Kit
7160 2 452 876
1
Extra Ignition Key — No Keyless Ride
5125 8 540 950
1
Police Side Stand Extension/Base
7160 2 412 389
1
Note Pad Holder
65 14 0 421 315
1
Rear Flashlight/PR24 Holder — Left
71 60 2 452 839
1
M4 Combat Assault Rifle Mount
7160 2 452 894
1
Shotgun/Assault Rifle Mounting Bracket
7160 2 452 840
1
BMW Navigator VI GPS Kit Complete
77 52 8 355 998
1
Radio Power Plug Connector
7160 2 452 887
1
Radio Speaker Plug
7160 2 452 844
1
Helmet Headset Interface Plug
7160 2 407 782
1
Microphone Attachment Mount
7160 2 408 075
1
Kustom/Stalker/MIC Remote Attachment Kit
7160 2 452 841
1
Accessory Connection Plugs (3)
7160 2 452 846
1
Front l2v Power Outlet (lighter style)
7160 2 407 785
1
Front Single USB Power Outlet
7160 2 446 871
1
Fused Front Power Socket Harness
7160 2 409 958
1
Radar/Lidar Gun Adaptor Plater MY19
7160 2 407 797
2. Delivery Location:
Sheriff -Coroner Department/Sub Station
11 Journey
Aliso Viejo, CA 92656
Attn: Scott Merrill; 949-425-1901; sjmerrill@ocsd.org
County of Orange PO-060-20010474 Page 16 of 20
Sheriff Coroner Department Purchase and Delivery of a BMW Motorcycle File No.: CO21545
Revised 7110119
ATTACHMENT B
Compensation and Pricing Provisions
Compensation: This is a firm -fixed fee Contract between the County and Contractor for the Purchase
and Delivery of a BMW Motorcycle as set forth in Attachment A, "Scope of Work.
The Contractor agrees to accept the specified compensation as set forth in this Contract as full
payment for performing all services and furnishing all staffing and materials required, for any
reasonably unforeseen difficulties which may arise or be encountered in the execution of the services
until acceptance, for risks connected with the services, and for performance by the Contractor of all
its duties and obligations hereunder. The Contractor shall only be compensated as set forth herein
for work performed in accordance with the Scope of Work. The County shall have no obligation to
pay any sum in excess of the fixed rates specified herein unless authorized by amendment in
accordance with Articles C. Amendments of the County Contract Terms and Conditions.
2. Fees and Charges: County will pay the following fees in accordance with the provisions of this
Contract. Payment shall be as follows:
Qty. Description Total Cost
1 1 2019 1250 RT-P Motorcycle $26,485.55
Shipping & Handling $495.00
Taxes (7.75%) $2,090.99
Contract Total $29,071.54
3. Price Increase/Decreases: No price increases will be permitted during the first period of the price
agreement. The County requires documented proof of cost increases on Contracts prior to any price
adjustment. A minimum of 30-days advance notice in writing is required to secure such adjustment.
No retroactive price adjustments will be considered. All price decreases will automatically be
extended to the County of Orange. The County may enforce, negotiate, or cancel escalating price
Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit
will remain firm during the period of the Contract. Adjustments increasing the Contractor's profit
will not be allowed.
4. Firm Discount and Pricing Structure: Contractor guarantees that prices quoted are equal to or less
than prices quoted to any other local, State or Federal government entity for services of equal or lesser
scope. Contractor agrees that no price increases shall be passed along to the County du ring the term
of this Contract not otherwise specified and provided for within this Contract.
5. Contractor's Expense: The Contractor grill be responsible for all costs related to photo copying,
telephone communications and fax communications while on County sites during the performance
of work and services under this Contract.
6. Payment Terms — Payment in Arrears: Invoices are to be submitted in arrears to the user
agency/department to the ship -to address, unless otherwise directed in this Contract. Vendor shall
reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a
format acceptable to the County of Orange and verified and approved by the agency/department and
subject to routine processing requirements. The responsibility for providing an acceptable invoice
rests with the Contractor.
County of Orange PO-060-20010474 Page 17 of 20
Sheriff -Coroner Department Purchase and Delivery of a BMW Motorcycle File No.: CO21545
Revised 7110119
Billing shall cover services and/or goods not previously invoiced. The Contractor shall reimburse
the County of Orange for any monies paid to the Contractor for goods or services not provided or
when goods or services do not meet the Contract requirements.
Payments made by the County shall not preclude the right of the County from thereafter disputing
any items or services involved or billed under this Contract and shall not be construed as acceptance
of any part of the goods or services.
Taxpayer ID Number: The Contractor shall include its taxpayer ID number on all invoices submitted
to the County for payment to ensure compliance with IRS requirements and to expedite payment
processing.
8. Payment — Invoicing Instructions: The Contractor will provide an invoice on the Contractor's
letterhead for goods delivered and/or services rendered. In the case of goods, the Contractor will
leave an invoice with each delivery. Each invoice will have a number and will include the following
information:
a. Contractor's name and address
b. Contractor's remittance address, if different from 1 above
c. Contractor's Taxpayer ID Number
d. Name of County Agency/Department
e. Delivery/service address
f. Master Agreement (MA) or Purchase Order (PO) number
g. Agency/Department's Account Number
h. Date of invoice
i. Product/service description, quantity, and prices
j. Sales tax, if applicable
k. Freight/delivery charges, if applicable
1. Total
Invoice and support documentation are to be forwarded to:
Sheriff -Coroner Department/Sub Station
Attn: Scott Merrill
11 Journey
Aliso Viejo, CA 92656
Payment (Electronic Funds Transfer (EFT)
The County of Orange offers Contractors the option of receiving payment directly to their bank
account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment via EFT
will also receive an Electronic Remittance Advice with the payment details via e-mail. An e-mail
address will need to be provided to the County of Orange via an EFT Authorization Form. To request
a form, please contact the assigned Deputy Purchasing Agent. Upon completion of the form, please
mail, fax or email to the address or phone listed on the form.
10. Year End and -Final Invoices
At the end of each term of the Contract, and upon final termination, Contractor shall submit final
invoices for services rendered or goods accepted by County under the Contract term (typically one
year) within ninety (90) days. For example, if the term of a Contract ends, or the Contract expires
without being renewed on June 301, any and all invoices for services rendered or goods accepted by
County during the preceding term of the Contract shall be submitted to County on or before
September 28. In the event the ninetieth (901) day falls on a weekend or County holiday, the deadline
County of Orange PO-060-20010474 Page 18 of 20
Sheriff -Coroner Department Purchase and Delivery of a BMW Motorcycle File No.: CO21545
Revised 7110119
for submission of invoices shall be extended to the next business day. County holidays include New
Year's Day, Martin Luther King Day, President Lincoln's Birthday, Presidents' Day, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day.
Contractor's failure to submit invoices pursuant to the deadlines established herein may be deemed a
breach and shall be a basis for the County to refuse payment.
County of Orange PO-060-20010474 Page 19 of 20
Sheri f Coroner Department Purchase and Delivery of a B1L W Motorcycle File No.: CO21545
Reed 7110119
County of Orange
Bid 060-0O21545-RC
Solicitation 060-0O21545-RC
Purchase and Delivery of a BMW Motorcycle
Bid Designation: Public
dc
Our Community
Our Commitment
e enuMrr r4iirui .
County of orange
W21r201 �) 1 24 PM P i
County of Orange
GI6IOI-101relo RE. go 141
Bid 060-CO21545-RC
Purchase and Delivery of a BMW Motorcycle
Bid Number 060-CO21545-RC
Bid Title Purchase and Delivery of a BMW Motorcycle
Bid Start Date Aug 21, 2019 12:22:33 PM PDT
Bid End Date Sep 6, 2019 4:00:00 PM PDT
Question & Answer
End Date Aug 30, 2019 4:00:00 PM PDT
Bid Contact Ranique D Cortez
Data Entry Tech
rcortez@ocsd.org
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Description
The County of County ("County") is requesting competitive bids for Purchase and Delivery of a BMW Motorcycle, as more fully detailed in
Attachment A - Scope of Work.
8/21/2019 1:24 PM p. 2
County of Orange
Bid 060-0O21545-RC
FOR
OFFICE USE ONLY
Date/Time Stamp
INVITATION FOR,VID
BID MUST BE RECEIVED
PRIOR TO 4:00 P.M.IPacific Time
DATE: September 6, 2019
BID NUMBER
060-CO21545-RC
COVER I'A[>i�
INVITATION FOR BID
L•�
COUNTY OF ORANGE
Sheriff -Coroner Department
Purchasing Services Bureau
320 N. Flower St., 2n' Floor
Santa Ana, CA 92703
(714)834-4700
Date: August 21, 2019
�crintion Qf SoliejXAjj )Dr
e County of Orange ("County") is requesting competitive bids for Purchase and Delivery of a BMW
Motorcycle, as more fully detailed in Attachment A — Scope of Work.
This IFB is set forth in the following format:
Cover Page
Section I — General Information
Company Profile
References
Section 2 — Model Contract Terms & Conditions
Attachment A — Scope of Work
Attachment B — Compensation and Pricing Provisions
Exhibit 1
Submitted bids will be valid for 90 days after closing date.
BID CLOSES AT 4:00 P.M. (Pacific Time) on Friday, September 6, 2019.
There will be no Public Bid Opening for this solicitation.
❑ I have read and understand and agree to the terms and conditions herewith and 1 am submitting a response
and concurrence to this solicitation.
Company Name: Date:
*Authorized Signature Name Title
"Authorized Signature Name Title
* If a corporauon, this document must be signed by two corporate officers. The first signature must be either the Chairman of the
Board, President, or any Vice President The second signature must he the Secretary. an Assistant Secretary. the Chief 1:inancial
Officer. or any Assistant Treasurer to the alternative, a single corporate signature is acceptable when accompanied by a
corporate document demonstrating the legal authority or the signature to bind the company.
RETURN THIS SHEET WITH YOUR RESPONSE
Rev iced 7/1 Of 19
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County of Orange Bid 060-CO21545-RC
SECTION 1- GENERAL INFORMATION
I. IMPORTANT NOTICES:
Bids may be returned via mail or hand delivered only to County's Sheriff -Coroner Department, 320 N.
Flower St., Suite 108, Santa Ana, CA 92703, Financial Services by the closing date and time indicated on
this solicitation. Facsimile and electronic mail bids will not be accepted.
NO LATE BIDS WILL BE ACCEPTED REGARDLESS OF THE REASON
Labor Day — Monday, September 2, 2019 is a County observed holiday
All changes or modifications to this solicitation will be issued though BidSync.
Any questions or requests for interpretations or clarifications shall be requested in writing through BidSync
on or before Friday, August 30, 2019. If clarification or interpretation of the IFB is considered necessary,
a written addendum shall be issued. Oral statement(s) concerning the meaning of the contents of this IFB
by any person is unauthorized and invalid. All inquiries concerning this IFB should be directed through the
BidSync System.
County does not guarantee that you will receive addenda (additional information, changes or modifications)
to this solicitation by mail prior to the close of this solicitation or at all. It is the bidder's responsibility to
ensure that they have received all addenda prior to the submission of its bid.
Sheriff -Coroner Department/Purchasing Services Bureau regular business hours are 8:00 a.m. to 5:00 p.m.
(Pacific Time), Monday through Friday.
County does not require and neither encourages nor discourages the use of lobbyists or other consultants
for the purpose of securing business.
H. INSTRUCTIONS — GENERAL
Responsive bids will include the following completed pages: Cover Sheet, Company Profile,
References, and Attachment B. The cover sheet of a responsive bid must be signed appropriately and
completed with the date and company name. If the bidder is a corporation then it must contain
signatures, name and title of two corporate officers authorized to sign on behalf of the Company. The
first signature must be either: 1) the chairman of the board; 2) president; or 3) any vice president. The
second signature must be either: 1) the secretary; 2) an assistant secretary; 3) the chief financial
officer; or 4) any assistant treasurer. In the alternative, a single corporate signature is acceptable
when accompanied by a corporate document demonstrating the legal authority of the signature
to bind the company.
2. Bids must be provided for each item separately; "all or none" bids will not be accepted unless in the
best interest of County.
3. Out of state Contractors must include California sales tax permit number.
4. Mailed bids must be received by Sheriff -Coroner Department/Financial Services by 4:00 p.m.
(Pacific Time) on the date bids are due. All envelopes containing mailed bids must be marked with
the Bid number 060-0O21545-RC, date and time of the bid closing for that solicitation. It is the
bidder's responsibility to verify that the closing date on the bid envelope matches the closing date of
the bid. Only one bid submittal will be accepted per envelope. It is the bidder's responsibility to
ensure that delivery is made to the Sheriff -Coroner Department/Purchasing Services Bureau at the
address below by the due date and time specified herein and to the following address:
File folder: CO21545 2 Revised 7/10/19
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County of Orange Bid 060-CO21545-RC
County of Orange
Sheriff -Coroner Department/Financial Services
Attn: Ranique Cortez
320 N. Flower Street, Suite 108
Santa Ana, CA 92703
060-CO21545-RC
5. Hand -Delivery - Bid responses may be hand -delivered to 320 N. Flower St., Suite 108, Santa Ana,
CA 92703, Sheriff -Coroner Department/Financial Services. DO NOT LEAVE BIDS WITH ANY
OTHER OFFICE LOCATED IN THE BUILDING. All bids, regardless of manner of delivery are
due no later than 4:00 P.M. (Pacific Time).
6. BidSync Bids — Bid may be submitted on BidSync only when the electronic bid solicitation format
is used by County. All bids submitted through BidSync must be accessible by the County no later
than 4:00 P.M. (Pacific Time).
7. Telefaxed bids will not be allowed. Electronic mail bids will not be allowed.
8. Contractor shall submit one (1) original and one (1) copy of this bid document.
9. Contractors shall take all responsibility for any errors or omissions in their bids. Any discrepancies
in numbers or calculations shall be interpreted to reflect the lowest price to County. In addition,
Contractors are fully responsible for the timely delivery of bids to the County, whether by hand
delivery, mail or through Bid Sync.
10. County shall not be liable for any expenses incurred by potential Contractors in the preparation or
submission of their bids. Pre -contractual expenses are not to be included in your bid. Pre -contractual
expenses are defined as including but not limited to, expenses incurred by the bidder in: a) preparing
its bid in response to this IFB; b) postage/shipping c) negotiating with County any matter related to
the bid; d) any other expenses incurred by the bidder prior to the date of award and execution, if any.
III. INSTRUCTIONS - PROTEST PROCEDURES
Protest of Bid/Proposal Specifications:
All protests related to bid or proposal specifications must be submitted to the Deputy Purchasing
Agent no later than five (5) business days prior to the close of the bid or proposal. Protests received
after the five (5) business day deadline will not be considered by County.
In the event the protest of specifications is denied and the protester wishes to continue in the
solicitation process, they must still submit a bid prior to the close of the solicitation in accordance
with the bid/proposal submittal procedures provided in the bid/proposal.
Protest of Award of Contract:
In protests related to the award of a contract, the protest must be. submitted no later than five (5)
business days after the notice of the proposed contract award is provided by the Deputy Purchasing
Agent. Protests relating to a proposed contract award which are received after the five (5) business
day deadline will not be considered by County.
Procedure
All protests shall be type -written on the protester's letterhead and be submitted in accordance with
the provisions stated herein. All protests shall include at minimum the following information:
The name, address and telephone number of the protester;
The signature of the protester or the protester's representative;
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County of Orange
Bid 060-CO21545-RC
The solicitation or contract number;
A detailed statement of the legal and/or factual grounds for the protest; and
The form of relief requested.
Protest Process
In the event of a timely protest, County shall not proceed with the solicitation or award of the contract
until the Deputy Purchasing Agent, County Purchasing Agent or the Procurement Appeals Board
renders a decision on the protest.
Upon receipt of a timely protest, the Deputy Purchasing Agent will within ten (10) business days of
the receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.
County may, after providing written justification to be included in the procurement file, make the
determination that the award of the contract, without delay, is necessary to protect the substantial
interests of County. The award of a contract shall in no way compromise the protester's right to the
protest procedures outlined herein.
If the protester disagrees with the decision of the Deputy Purchasing Agent, the protester may submit
a written notice to the Office of the County Purchasing Agent requesting an appeal to the Procurement
Appeals Board, in accordance with the process stated below.
Appeal Process
If the protester wishes to appeal the decision of the Deputy Purchasing Agent, the protester must
submit, within three (3) business days from receipt of letter, a written appeal to the Office of the
County Purchasing Agent.
Within fifteen (15) business days, the County Purchasing Agent will review all materials in
connection with the grievance, assess the merits of the protest and provide a written determination
with a decision as to whether the protest shall be forwarded to the Procurement Appeals Board as
described in Section 1.4 of County's Contract Policy Manual.
The decision of the County Purchasing Agent will be final and there shall be no right to further
administrative appeals.
IV. RIGHTS RESERVED TO COUNTY
1. County, at its sole discretion, reserves the right to accept or reject in whole or in part any or all bids
received as a result of this solicitation.
2. County may cancel this Invitation for Bids in whole or in part without prior notice. Thereafter, County
may issue a solicitation for new bids.
3. County makes no guarantee as to the usage of the services by County. County furthermore makes no
representation that any contract will be awarded to any bidder responding to this Invitation For Bid.
4. All bids received will be public record after opening. Proposals/bids are not to be marked as
confidential or proprietary. Proposals/bids submitted in response to this IFB are subject to public
disclosure. County shall not be liable for disclosure of any information or records related to this
procurement. Additionally, all proposals/bids shall become the property of County. County reserves
the right to make use of any information or ideas in the proposals/bids submitted.
File folder: CO21545 4 Revised 7/10/19
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County of Orange
Bid 060-CO21545-RC
When more than one line item is specified in a solicitation, County reserves the right to determine
the lowest responsible bidder on the basis of individual items, groups of items, or all items included
in the solicitation, unless otherwise expressly provided for in the solicitation. County may accept
any item or group of items included in the bid unless the bidder expressly objects in its response to
the solicitation and conditions its response on County purchasing all items for which the bidder
provided bids. In the event that the bidder so objects, County may consider the bidder's objection
non -responsive and may render the bidder ineligible for award.
County reserves the right to award its total requirements to one bidder or to apportion those
requirement among two or more bidders as County may deem to be in the best interests of County.
In addition, negotiations may or may not be conducted with bidder; therefore, the proposal/bid
submitted should contain the bidder's most favorable terms and conditions, since the selection and
award may be made without discussion with any bidder.
7. County reserves the right to waive, at its discretion, any irregularity or informality which County
deems correctable or otherwise not warranting rejection of the bid.
8. The lowest responsive and responsible bid maybe subject to further negotiations in the sole discretion
of County; bidders should not assume, however, that there will be opportunity for further negotiation
so bidders must present their best and final bid in response to this solicitation.
9. By participating in this solicitation, bidders agree to accept the decision of the County Purchasing
Agent as final.
V. SPECIAL REQUIREMENTS
1. Bidders may be required to present satisfactory evidence that they have been regularly engaged in
the business of providing goods/services required by this solicitation or are reasonably familiar
therewith and that they are fully prepared with the necessary capital, material, and machinery as may
be required or specified in this solicitation to complete the work to be contracted to the satisfaction
of County.
2. By submitting a bid, the bidder represents that it has thoroughly examined and become familiar with
the goods/services required under this Invitation For Bid and that it is capable of providing the
goods/services to achieve County's objectives.
3. Bidders may be required to provide infonnation regarding and/or proof of the number of years they
have provided the goods/services requested in this solicitation.
4. Each bidder must submit its bid in strict accordance with all requirements of this Invitation For Bid.
VI. EXCEPTIONS
Any exceptions to County`s terms and conditions must be clearly stated in responses to this
solicitation under a separate section entitled "Exceptions." Any exception must include the details
of the exception and the reasons for it. County reserves the right to disqualify vendors taking
exception to its terms and conditions. Vendors taking exception after notice of award will be
disqualified from award of contract.
VII. AWARD
Final award determination will be based primarily on the overall lowest responsive, responsible bid,
but is contingent upon Sheriff -Coroner Department/Purchasing Services Bureau approval, which will
include a review of bidders' qualifications and references.
File folder: CO21545 5 Revised 7/10119
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County of Orange
Bid 060-CO21545-RC
(Return with Bid Response)
COMPANY PROFILE
Company Name:
Business Address:
Address for Mailed Payment:
Telephone Number: ( ) Facsimile Number: ( 1
Email Address:
Length of time the firm has been in business:
Length of time at current location:
Is your company, or are any of its principal officers, involved in litigation in connect with contracts for
providing services similar to those being proposed? Yes: No:
If yes, please explain:
Is your firm the sole proprietor doing business under a different name: Yes No
If yes, please indicate sole proprietor's name and the business name:
Is your company, or are any of its principal officers, involved in litigation in connect with contracts for
providing services similar to those being proposed? Yes: No:
If yes, please explain:
Indicate your firm's federal tax ID number:
Indicate your firm's D-U-N-S number:
Is your firm incorporated: Yes
Type and number of business license(s):
System Certification:
Regular business hours:
Regular holidays and hours when business is closed:
Contact's name in reference to this bid:
No State of Incorporation:
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p. 8
County of Orange
Bid 060-0O21545-RC
Telephone Number: ( )
Email Address:
Name of project manager:
Telephone Number: (�
Email Address:
Contact's name to place order:
Facsimile Number: ( )
Facsimile Number: ( )
Telephone Number: Facsimile Number: ( )
Email Address:
Name administrator to whom questions regarding accounts payable should be directed:
Telephone Number: �)
Email Address:
Facsimile Number: ( )
In the event of an emergency or declared disaster, the following information is required:
Name of Contact individual during non -business hours:
Telephone Number: ( ) Facsimile Number: ( )
Email Address: Pager Number:
File folder: CO21545 7 Revised 7/10/19
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P. 9
County of Orange , Bid 060-CO21545-RC
(Return with Bid Response)
REFERENCES
All contractors must provide a minimum of three references. At least two of the references are clients in
California, and at least one of the references must cover services performed in the past year. Services should
be similar to those services required in this solicitation. References must include the name and address of
the company or governmental agency and the name and telephone and facsimile numbers of contact
person(s), annual agreement dollar amount of the contract and a brief description of the agreement/contract
work and services provided. Attach additional sheets if necessary.
1. Name of Reference:
Address:
Contact Name: Telephone Number:
Annual agreement dollar amount: Facsimile Number:
Brief Description of agreement/Contract work or services provided:
2. Name of Reference:
Address:
Contact Name: Telephone Number:
Annual agreement dollar amount: Facsimile Number:
Brief Description of agreement/Contract work or services provided:
3. Name of Reference:
Address:
Contact Name: Telephone Number:
Annual agreement dollar amount: Facsimile Number:
Brief Description of agreement/Contract work or services provided:
File folder: CO21545 8 Revised7/10/19
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P. 10
County of Orange
Bid 050-0O21545-RC
SECTION 2
Model Contract (4T131) f
with
flnsert Company Name]
for
Purchase and Delivery of a BMW Motorcycle
This Contract [Insert NtA Nuniner] for the Purchase and Delivery of a BMW Motorcycle (hereinafter
referred to as "Contract") is made and entered into as of the date fully executed by and between the County
of Orange. a political subdivision of the State of California: (hereinafter referred to as "County") and
Contt•i)+lame], with a place of business at [Insert Contractor Address] [hereinafter referred to as
"Contracto('), with a County and Contractor sometimes referred to as "Party" or collectively as "Parties".
ATTACHMENTS
This Contract is comprised of this documents and (lie following Attachments, which are attached
hereto and incorporated by reference into this Contract:
Attachment A — Scope of Work
Attachment B — Compensation and Pricing Provision
RECITALS
WHEREAS, Contractor and County are entering into this Contract for the Purchase and Delivery
of a BM W Motorcycle under a firm fixed fee Contract; and
WHEREAS. County solicited Contract for the Purchase and Delivery of a BMW Motorcycle as set
forth herein, and Contractor represented that it is qualified to provide a Motorcycle to the County as further
set forth here; and
WHEREAS, Contractor agrees to provide a BMW Motorcycle to the County as further set forth in
the Scope of Work. attached hereto as Attachment A: and
WHEREAS, County agrees to pay Contractor based on the schedule of fees set forth in
Compensation and Pricing Provision, attached hereto as Attachment B: and
NOW, THEREFORE, the Parties mutually agree as follows:
ARTICLES
General Terms and Conditions:
A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California
and shaI I be governed by and construed under the laws of the state of California. In the event of any
legal action to enforce or interpret this Contract. the sole and exclusive venue shall be a court of
competent jurisdiction located in Orange County. California, and the parties hereto agree to and do
hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.
Furthermore, the parties specifically agree to waive any and all rights to request that an action be
transferred for adjudication to another county.
('oun!)) of Orange AM j-FBDj Page 4 of N
Sheriff-Cnra►�er UE(icn l�ne�! f'tlrchuse and llelrver) nj'c� I3;11t1' ;tfalnrc;vcle File AV: (*021543
Rey -, wd " Nr IV
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County of Orange
Bid 060-CO21545-RC
B. Entire Contract: This Contract contains the entire Contract between the parties with respect to the
matters herein, and there are no restrictions, promises, warranties or undertakings other than those
set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or
binding on County unless authorized by County in writing. Electronic acceptance of any additional
terms, conditions or supplemental Contracts by any County employee or agent, including but not
limited to installers of software, shall not be valid or binding on County unless accepted in writing
by County's Purchasing Agent or designee.
C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in
writing and signed by the parties; no oral understanding or agreement not incorporated herein shall
be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid
or binding on County unless authorized by County in writing.
D. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state
sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit
number and sales permit number on invoices, if California sales tax is added and collectable. If no
permit numbers are shown, sales tax will be deducted from payment. The Auditor -Controller will
then pay use tax directly to the State of California in lieu of payment of sales tax to the Contractor.
E. Delivery: Time of delivery of goods or services is of the essence in this Contract. County reserves
the right to refuse any goods or services and to cancel all or any part of the goods not conforming to
applicable specifications, drawings, samples or descriptions or services that do not conform to the
prescribed statement of work. Acceptance of any part of the order for goods shall not bind County
to accept future shipments nor deprive it of the right to return goods already accepted at Contractor's
expense. Over shipments and under shipments of goods shall be only as agreed to in writing by
County. Delivery shall not be deemed to be complete until all goods or services have actually been
received and accepted in writing by County.
F. Acceptance Payment: Unless otherwise agreed to in writing by County, 1) acceptance shall not be
deemed complete unless in writing and until all the goods/services have actually been received,
inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after
satisfactory acceptance by the County and in accordance to Attachment B, Payment and
Compensation.
G. Warranty: Contractor expressly warrants that the goods covered by this Contract are 1) free of liens
or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and
3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute
an agreement upon Contractor's part to indemnify, defend and hold County and its indemnities as
identified in paragraph "Z" below, and as more fully described in paragraph "Z," harmless from
liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by
County by reason of the failure of the goods/services to conform to such warranties, faulty work
performance, negligent or unlawful acts, and non-compliance with any applicable state or federal
codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and
the California Industrial Safety Act. Such remedies shall be in addition to any other remedies
provided by law.
H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this
Contract, Contractor shall be solely responsible for clearing the right to use any patented or
copyrighted materials in the performance of this Contract. Contractor warrants that any software as
modified through services provided hereunder will not infringe upon or violate any patent, proprietary
right, or trade secret right of any third party. Contractor agrees that, in accordance with the more
specific requirement contained in paragraph "Z" below, it shall indemnify, defend and hold County
County of Orange MA#[7BD] Page 10 of29
Sheriff -Coroner Department Purchase and Delivery of a BMW Motorcycle File No.: CO21545
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County of Orange
Bid 060-CO21545-RC
and County Indemnitees harmless from any and all such claims and be responsible for payment of all
costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and
expenses but not including attorney's fees.
I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs,
successors, executors, administrators and assigns of the parties. Furthermore, neither the
performance of this Contract nor any portion thereof may be assigned by Contractor without the
express written consent of County. Any attempt by Contractor to assign the performance or any
portion thereof of this Contract without the express written consent of County shall be invalid and
shall constitute a breach of this Contract.
Non -Discrimination: In the performance of this Contract, Contractor agrees that it will comply with
the requirements of Section 1735 of the California Labor Code and not engage nor permit any
subcontractors to engage in discrimination in employment of persons because of the race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
marital status, or sex of such persons. Contractor acknowledges that a violation of this provision
shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.
K. Termination: In addition to any other remedies or rights it may have by law, County has the right to
immediately terminate this Contract without penalty for cause or after 30 days' written notice without
cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any
misrepresentation or fraud on the part of the Contractor. Exercise by County of its right to terminate
the Contract shall relieve County of all further obligation.
L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and
no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed
to have waived or consented. Any consent by any party to, or waiver of, a breach by the other,
whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different
or subsequent breach.
M. Independent Contractor: Contractor shall be considered an independent contractor and neither
Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an
employee of County. Neither Contractor, its employees nor anyone working under Contractor shall
qualify for workers' compensation or other fringe benefits of any kind through County.
N. Performance Warranty: Contractor shall warrant all work under this Contract, taking necessary steps
and precautions to perform the work to County's satisfaction. Contractor shall be responsible for the
professional quality, technical assurance, timely completion and coordination of all documentation
and other goods/services furnished by the Contractor under this Contract. Contractor shall perform
all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary
labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and
maintain all permits and licenses required by public authorities, including those of County required
in its governmental capacity, in connection with performance of the work. If permitted to subcontract,
Contractor shall be fully responsible for all work performed by subcontractors.
O. Insurance Provisions: Contractor will need to comply with the following insurance requirements if
making the deliveries to the County of Orange. No insurance is required if a common carrier makes
deliveries to the County of Orange.
Prior to the provision of services under this contract, the Contractor agrees to purchase all required
insurance at Contractor's expense, including all endorsements required herein, necessary to satisfy
County of Orange MA#[TBD] Page 11 of 29
Sheriff -Coroner Department Purchase and Delivery of a BiL1W Avlotorcycle File No.: CO21545
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County of Orange
Bid 060-CO21545-RC
the County that the insurance provisions of this contract have been complied with. Contractor agrees
to keep such insurance coverage, Certificates of Insurance, and endorsements on deposit with the
County during the entire term of this contract. In addition, all subcontractors performing work on
behalf of Contractor pursuant to this contract shall obtain insurance subject to the same terms and
conditions as set forth herein for Contractor.
Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant to
this contract shall be covered under Contractor's insurance as an Additional Insured or maintain
insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall
not allow subcontractors to work if subcontractors have less than the level of coverage required by
County from Contractor under this contract. It is the obligation of Contractor to provide notice of the
insurance requirements to every subcontractor, and to receive proof of insurance prior to allowing
any subcontractor to begin work. Such proof of insurance must be maintained by Contractor through
the entirety of this contract for inspection by County representative(s) at any reasonable time.
All self -insured retentions (SIRS) shall be clearly stated on the Certificate of Insurance. Any self -
insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically
be approved by the County's Risk Manager, or designee, upon review of Contractor's current audited
financial report. If Contractor's SIR is approved, Contractor, in addition to, and without limitation
of, any other indemnity provision(s) in this Contract, agrees to all of the following:
I ) In addition to the duty to indemnify and hold the County harmless against any and all liability,
claim, demand or suit resulting from Contractor's, its agents, employee's or subcontractor's
performance of this Contract, Contractor shall defend the County at its sole cost and expense
with counsel approved by Board of Supervisors against same; and
2) Contractor's duty to defend, as stated above, shall be absolute and irrespective of any duty
to indemnify or hold harmless; and
3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to
which the duty to defend stated above applies, and the Contractor's SIR provision shall be
interpreted as though the Contractor was an insurer and the County was the insured.
If the Contractor fails to maintain insurance acceptable to the County for the full term of this contract,
the County may terminate this contract.
Oualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure
A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of
the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not
mandatory, that the insurer be licensed to do business in the State of California (California Admitted
Carrier).
If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk
Management retains the right to approve or reject a carrier after a review of the company's
performance and financial ratings.
The policy or policies of insurance maintained by the Contractor shall provide the minimum limits
and coverage as set forth below:
Co:mty of Orange MA#[TBDJ Page 12 of 29
Sheriff -Coroner Department Purchase and Delivery of a BMW Motorcycle File No.: CO21545
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County of Orange
Bid 060-CO21545-RC
Coverage
Commercial General Liability
Automobile Liability including coverage
for owned, non -owned and hired vehicles
Workers' Compensation
Employers' Liability Insurance
Required Coverage Forms
Minimum Limits
$1,000,000 per occurrence
$2,000,000 aggregate
$1,000,000 per occurrence
Statutory
$1,000,000 per occurrence
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form
CG 00 01, or a substitute form providing liability coverage at least as broad.
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12,
CA 00 20, or a substitute form providing liability coverage as broad.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall
accompany the Certificate of Insurance:
1) An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as
broad naming the County of Orange, its elected and appointed officials, officers, employees and
agents as Additional Insured's, or provide blanket coverage, which will state As Required By
Written Contract.
2) A primary non-contributing endorsement using ISO Form CG 20 01 04 13, or a form at
least as broad evidencing that the Contractor's insurance is primary and any insurance or self-
insurance maintained by the County of Orange shall be excess and non-contributing.
The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all
rights of subrogation against the County of Orange, its elected and appointed officials, officers,
employees and agents, or provide blanket coverage, which will state As Required By Written
Contract.
All insurance policies required by this contract shall waive all rights of subrogation against the
County of Orange, its elected and appointed officials, officers, employees and agents when acting
within the scope of their appointment or employment.
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Contractor shall notify County in writing within thirty (30) days of any policy cancellation and ten
(10) days for non-payment of premium and provide a copy of the cancellation notice to County.
Failure to provide written notice of cancellation may constitute a material breach of the contract, upon
which the County may suspend or terminate this contract.
The Commercial General Liability policy shall contain a severability of interest's clause, also known
as a "separation of insured's" clause (standard in the ISO CG 001 policy).
Insurance certificates should be forwarded to the agency/department address listed on the solicitation.
If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days
of notification by CEO/Purchasing or the agency/department purchasing division, award may be
made to the next qualified vendor.
County expressly retains the right to require Contractor to increase or decrease insurance of any of
the above insurance types throughout the term of this contract. Any increase or decrease in insurance
will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County.
County shall notify Contractor in writing of changes in the insurance requirements. If Contractor
does not deposit copies of acceptable Certificates of Insurance and endorsements with County
incorporating such changes within thirty (30) days of receipt of such notice, this contract may be
in breach without further notice to Contractor, and County shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed -to limit
Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of
this contract, nor act in any way to reduce the policy coverage and limits available from the
insurer.
P. Changes: Contractor shall make no changes in the work or perform any additional work without the
County's specific written approval.
Q. Change of Ownership/Name, Litigation Status, Conflict with County Interests: Contractor agrees
that if there is a change or transfer in ownership of Contractor's business prior to completion of this
Contract, and the County agrees to an assignment of the Contract, the new owners shall be required
under the terms of sale or other instruments of transfer to assume Contractor's duties and Contractor
obligations contained in this Contract and complete them to the satisfaction of the County.
County reserves the right to immediately terminate the Contract in the event the County determines
that the assignee is not qualified or is otherwise unacceptable to the County for the provision of
services under the Contract.
In addition, Contractor has the duty to notify the County in writing of any change in the Contractor's
status with respect to name changes that do not require an assignment of the Contract. The Contractor
is also obligated to notify the County in writing if the Contractor becomes a party to any litigation
against the County, or a party to litigation that may reasonably affect the Contractor's performance
under the Contract, as well as any potential conflicts of interest between Contractor and County that
may arise prior to or during the period of Contract performance. While Contractor will be required
to provide this information without prompting from the County any time there is a change in
Contractor's name, conflict of interest or litigation status, Contractor must also provide an update to
the County of its status in these areas whenever requested by the County.
The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that
could result in a conflict with County interests. In addition to the Contractor, this obligation shall
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apply to the Contractor's employees, agents, and subcontractors associated with the provision of
goods and services provided under this Contract. The Contractor's efforts shall include, but not be
limited to establishing rules and procedures preventing its employees, agents, and subcontractors
from providing or offering gifts, entertainment, payments, loans or other considerations which could
be deemed to influence or appear to influence -County staff or elected officers in the performance of
their duties.
R. Force Majeuye: Contractor shall not be assessed or be found in breach during any delay beyond the
time named for the performance of this Contract caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Contractor gives written
notice of the cause of the delay to County within 36 hours of the start of the delay and Contractor
avails himself of any available remedies.
S. Confidentiality: Contractor agrees to maintain the confidentiality of all County and County -related
records and information pursuant to all statutory laws relating to privacy and confidentiality that
currently exist or exist at any time during the term of this Contract. All such records and information
shall be considered confidential and kept confidential by Contractor and Contractor's staff, agents
and employees.
T. Compliance with Laws: Contractor represents and warrants that services to be provided under this
Contract shall fully comply, at Contractor's expense, with all standards, laws, statutes, restrictions,
ordinances, requirements, and regulations (collectively "laws"), including, but not limited to those
issued by County in its governmental capacity and all other laws applicable to the services at the time
services are provided to and accepted by County. Contractor acknowledges that County is relying
on Contractor to ensure such compliance, and pursuant to the requirements of paragraph "Z" below,
Contractor agrees that it shall defend, indemnify and hold County and County INDEMNITEES
harmless from all liability, damages, costs and expenses arising from or related to a violation of such
laws.
U. Freight: Prior to the County's express acceptance of delivery of products. Contractor assumes full
responsibility for all transportation, transportation scheduling, packing, handling, insurance, and
other services associated with delivery of all products deemed necessary under this Contract.
V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof
shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract,
each party shall bear their own attorney's fees, costs and expenses.
X. Interpretation: This Contract has been negotiated at attire's length and between persons sophisticated
and knowledgeable in the matters dealt with in this Contract. In addition, each party had been
represented by experienced and knowledgeable independent legal counsel of their own choosing or
has knowingly declined to seek such counsel despite being encouraged and given the opportunity to
do so. Each party further acknowledges that they have not been influenced to any extent whatsoever
in executing this Contract by any other party hereto or by any person representing them, or both.
Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that
would require interpretation of any ambiguities in this Contract against the party that has drafted it is
not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable
manner to effect the purpose of the parties and this Contract.
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Y. Employee Eligibility Verification: The Contractor warrants that it fully complies with all Federal
and State statutes and regulations regarding the employment of aliens and others and that all its
employees performing work under this Contract meet the citizenship or alien status requirement set
forth in Federal statutes and regulations. The Contractor shall obtain, from all employees performing
work hereunder, all verification and other documentation of employment eligibility status required
by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and
Control Act of 1986, 8 U.S.C. § 1324 et seq., as they currently exist and as they may be hereafter
amended. The Contractor shall retain all such documentation for all covered employees for the period
prescribed by the law. The Contractor shall indemnify, defend with counsel approved in writing by
County, and hold harmless, the County, its agents, officers, and employees from employer sanctions
and any other liability which may be assessed against the Contractor or the County or both in
connection with any alleged violation of any Federal or State statutes or regulations pertaining to the
eligibility for employment of any persons performing work under this Contract.
Z. Indemnification: Contractor agrees to indemnify, defend with counsel approved in writing by
County, and hold County, its elected and appointed officials, officers, employees, agents and those
special districts and agencies which County's Board of Supervisors acts as the governing Board
("County Indemnitees") harmless from any claims, demands or liability of any kind or nature,
including but not limited to personal injury or property damage, arising from or related to the services,
products or other performance provided by Contractor pursuant to this Contract. If judgment is
entered against Contractor and County by a court of competent jurisdiction because of the concurrent
active negligence of County or County Indemnitees, Contractor and County agree that liability will
be apportioned as determined by the court. Neither party shall request a jury apportionment.
AA. Audits/Inspections: Contractor agrees to permit the County's Auditor -Controller or the Auditor -
Controller's authorized representative (including auditors from a private auditing firm hired by the
County) access during normal working hours to all books, accounts, records, reports, files, financial
records, supporting documentation, including payroll and accounts payable/receivable records, and
other papers or property of Contractor for the purpose of auditing or inspecting any aspect of
performance under this Contract. The inspection and/or audit will be confined to those matters
connected with the performance of the Contract including, but not limited to, the costs of
administering the Contract. The County will provide reasonable notice of such an audit or inspection.
The County reserves the right to audit and verify the Contractor's records before final payment is
made.
Contractor agrees to maintain such records for possible audit for a minimum of three years after final
payment, unless a longer period of records retention is stipulated under this Contract or by law.
Contractor agrees to allow interviews of any employees or others who might reasonably have
information related to such records. Further, Contractor agrees to include a similar right to the County
to audit records and interview staff of any subcontractor related to performance of this Contract.
Should the Contractor cease to exist as a legal entity, the Contractor's records pertaining to this
agreement shall be forwarded to the County's project manager.
BB. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract
may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by,
the state of California to County; and inclusion of sufficient funding for the services hereunder in the
budget approved by County's Board of Supervisors for each fiscal year covered by this Contract. If
such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may
immediately terminate or modify this Contract without penalty.
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CC. Expenditure Limit: The Contractor shall notify the County of Orange assigned Deputy Purchasing
Agent in writing when the expenditures against the Contract reach 75 percent of the dollar limit on
the Contract. The County will not be responsible for any expenditure overruns and will not pay for
work exceeding the dollar limit on the Contract unless a change order to cover those costs has been
issued.
Additional Terms and Conditions
1. Scope of Contract: This Contract specifies the contractual terms and conditions by which County will
procure and receive goods/services from Contractor as set forth in the Scope of Work, which is
attached hereto as Attachment A and incorporated by this reference.
2. Term of Contract: This Contract is for the one-time Purchase and Delivery of a Motorcycle and shall
commence upon execution of all necessary signatures.
Renewal: This Contract may not be renewed.
4. Adjustments — Scope of Work: No adjustments made to the Scope of Work will be authorized without
prior written approval of the County assigned Deputy Purchasing Agent.
Breach of Contract: The failure of the Contractor to comply with any of the provisions, covenants or
conditions of this Contract shall be a material breach of this Contract. In such event the County may,
and in addition to any other remedies available at law, in equity, or otherwise specified in this
Contract:
a) Terminate the Contract immediately, pursuant to Section K herein;
b) Afford the Contractor written notice of the breach and ten (10) calendar days or such
shorter time that may be specified in this Contract within which to cure the breach;
c) Discontinue payment to the Contactor for and during the period in which the Contractor is
in breach; and
d) Offset against any monies billed by the Contractor but yet unpaid by the County those
monies disallowed pursuant to the above.
6. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions of
Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation
Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans
with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting
discrimination on the basis of race, color, national origin, ethnic group identification, age, religion,
marital status, sex or disability.
7. Conflict of Interest — Contractor's Personnel: The Contractor shall exercise reasonable care and
diligence to prevent any actions or conditions that could result in a conflict with the best interests of
the County. This obligation shall apply to the Contractor; the Contractor's employees, agents, and
subcontractors associated with accomplishing work and services hereunder. The Contractor's efforts
shall include, but not be limited to establishing precautions to prevent its employees, agents, and
subcontractors from providing or offering gifts, entertainment, payments, loans or other
considerations which could be deemed to influence or appear to influence County staff or elected
officers from acting in the best interests of the County.
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8. Conflict of Interest — County Personnel: The County of Orange Board of Supervisors policy prohibits
its employees from engaging in activities involving a conflict of interest. The Contractor shall not,
during the period of this Contract, employ any County employee for any purpose.
Contractor's Project Manager and Key Personnel: Contractor shall appoint a Project Manager to
direct the Contractor's efforts in fulfilling Contractor's obligations under this Contract. This Project
Manager shall be subject to approval by the County and shall not be changed without the written
consent of the County's Project Manager, which consent shall not be unreasonably withheld.
The Contractor's Project Manager shall be assigned to this project for the duration of the Contract
and shall diligently pursue all work and services to meet the project time lines. The County's Project
Manager shall have the right to require the removal and replacement of the Contractor's Project
Manager from providing services to the County under this Contract. The County's Project manager
shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal
within five (5) business days after written notice by the County's Project Manager. The County's
Project Manager shall review and approve the appointment of the replacement for the Contractor's
Project Manager. The County is not required to provide any additional information, reason or
rationale in the event it The County is not required to provide any additional information, reason or
rationale in the event it requires the removal of Contractor's Project Manager from providing further
services under the Contract.
10. Contractor Personnel — Reference Checks: The Contractor warrants that all persons employed to
provide service under this Contract have satisfactory past work records indicating their ability to
adequately perform the work under this Contract. Contractor's employees assigned to this project
must meet character standards as demonstrated by background investigation and reference checks,
coordinated by the agency/department issuing this Contract.
11. Contractor's Expense: The Contractor will be responsible for all costs related to photo copying,
telephone communications, fax communications, and parking while on County sites during the
performance of work and services under this Contract. The County will not provide free parking for
any service in the County Civic Center.
12. Contractor Personnel — Uniform/Badges/Identification: The Contractor warrants that all persons
employed to provide service under this Contract have satisfactory past work records indicating their
ability to accept the kind of responsibility under this Contract.
All Contractor's employees shall be required to wear uniforms, badges, or other means of
identification which are to be furnished by the Contractor and must be work at all times while working
on County property. The assigned Deputy Purchasing Agent must be notified in writing, within seven
(7) days of notification of award of Contract of the uniform and/or badges and/or other identification
to be worn by employees prior to beginning work and notified in writing seven (7) days prior to any
changes in this procedure.
13. Contractor's Records: The Contractor shall keep true and accurate accounts, records, books and data
which shall correctly reflect the business transacted by the Contractor in accordance with generally
accepted accounting principles. These records shall be stored in Orange County for a period of three
(3) years after final payment is received from the County. Storage of records in another county will
require written approval from the County of Orange assigned Deputy Purchasing Agent.
14. Conditions Affecting Work: The Contractor shall be responsible for taking all steps reasonably
necessary to ascertain the nature and location of the work to be performed under this Contract and to
know the general conditions which can affect the work or the cost thereof. Any failure by the
Contractor to do so will not relieve Contractor from responsibility for successfully performing the
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work without additional cost to the County. The County assumes no responsibility for any
understanding or representations concerning the nature, location(s) or general conditions made by
any of its officers or agents prior to the execution of this Contract, unless such understanding or
representations by the County are expressly stated in the Contract.
15. County of Orange Child Support Enforcement: All Contractors are required to comply with the child
support enforcement requirements of the County of Orange. Failure of the Contractor to comply with
all federal, state, and local reporting requirements for child support enforcement or to comply with
all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall
constitute a material breach of the Contract. In order to comply with the child support enforcement
requirements of the County of Orange, all bidders/proposers must furnish to the Contract
administrator, the Purchasing Agent, or the agency/department Deputy Purchasing Agent:
A. In the case of an individual Contractor, his/her name, date of birth, Social Security
number, and residence address;
B. In the case of a Contractor doing business in a form other than as an individual,
the name, date of birth, Social Security number, and residence address of each
individual who owns an interest of 10 percent or more in the Contracting entity;
C. A certification that the Contractor has fully complied with all applicable federal
and state reporting requirements regarding its employees; and
D. A certification that the Contractor has fully complied with all lawfully served
Wage and Earnings Assignment Orders and Notices of Assignment and will
continue to so comply.
Failure to cure such breach within 60 calendar days of notice from the County shall constitute grounds
for termination of the Contract.
16. Data — Title To: All materials, documents, data or information obtained from the County data files
or any County medium furnished to the Contractor in the performance of this Contract will at all
times remain the property of the County. Such data or information may not be used or copied for
direct or indirect use by the Contractor after completion or termination of this Contract without the
express written consent of the County. All materials, documents, data or information, including
copies, must be returned to the County at the end of this Contract.
17. Default — Reprocurement Costs: In case of Contract breach by Contractor, resulting in termination
by the County, the County may procure the goods and/or services from other sources. If the cost for
those goods and/or services is higher than under the terms of the existing Contract, Contractor will
be responsible for paying the County the difference between the Contract cost and the price paid, and
the County may deduct this cost from any unpaid balance due the Contractor. The price paid by the
County shall be the prevailing market price at the time such purchase is made. This is in addition to
any other remedies available under this Contract and under law.
18. Drug -Free Workplace: The Contractor hereby certifies compliance with Government Code Section
8355 in matters relating to providing a drug -free workplace. The Contractor will:
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, as required by
Government Code Section 8355(a)(1).
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2. Establish a drug -free awareness program as required by Government Code Section
8355(a)(2) to inform employees about all of the following:
a. The dangers of drug abuse in the workplace;
b. The organization's policy of maintaining a drug -free workplace;
C. Any available counseling, rehabilitation and employee assistance
programs; and
d. Penalties that may be imposed upon employees for drug abuse
violations.
3. Provide as required by Government Code Section 8355(a)(3) that every employee
who works under this Contract:
a. Will receive a copy of the company's drug -free policy statement; and
Will agree to abide by the terms of the company's statement as a condition
of employment under this Contract.
Failure to comply with these requirements may result in suspension of payments under the Contract
or termination of the Contract or both, and the Contractor may be ineligible for award of any future
County contracts if the County determines that any of the following has occurred:
The Contractor has made false certification, or
The Contractor violates the certification by failing to carry out the requirements as
noted above.
19. EDD Independent Contractor Reporting Requirements: Effective January 1, 2001, the County of
Orange is required to file in accordance with subdivision (a) of Section 6041 A of the Internal Revenue
Code for services received from a "service provider" to whom the County pays $600 or more or with
whom the County enters into a contract for $600 or more within a single calendar year. The purpose
of this reporting requirement is to increase child support collection by helping to locate parents who
are delinquent in their child support obligations.
The term "service provider" is defined in California Unemployment Insurance Code Section 1088.8,
subparagraph 13.2 as "an individual who is not an employee of the service recipient for California
purposes and who received compensation or executes a contract for services performed for that
service recipient within or without the state." The term is further defined by the California
Employment Development Department to refer specifically to independent Contractors. An
independent Contractor is defined as "an individual who is not an employee of the ... government
entity for California purposes and who receives compensation or executes a contract for services
performed for that ... government entity either in or outside of California."
The reporting requirement does not apply to corporations, general partnerships, limited liability
partnerships, and limited liability companies.
Additional information on this reporting requirement can be found at the California Employment
Development Department web site located at httn://www.edd.ca.sov/Emplover Services.htm
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20. Emergency/Declared Disaster Requirements: In the event of an emergency or if Orange County is
declared a disaster area by the County, state or federal government, this Contract may be subjected
to unusual usage. The Contractor shall service the County during such an emergency or declared
disaster under the same terms and conditions that apply during non-emergency/disaster conditions.
The pricing quoted by the Contractor shall apply to serving the County's needs regardless of the
circumstances. If the Contractor is unable to supply the goods/services under the terms of the
Contract, then the Contractor shall provide proof of such disruption and a copy of the invoice for the
goods/services from the Contractor's supplier(s). Additional profit margin as a result of supplying
goods/services during an emergency or a declared disaster shall not be permitted. In the event of an
emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable
invoices from the Contractor shall show both the emergency purchase order number and the Contract
number.
21. Errors and Omissions: All reports, files and other documents prepared and submitted by Contractor
shall be complete and shall be carefully checked by the professional(s) identified by Contractor as
project manager and key personnel attached hereto, prior to submission to the County. Contractor
agrees that County review is discretionary and Contractor shall not assume that the County will
discover errors and/or omissions. If the County discovers any errors or omissions prior to approving
Contractor's reports, files and other written documents, the reports, files or documents will be
returned to Contractor for correction. Should the County or others discover errors or omissions in the
reports, files or other written documents submitted by the Contractor after County approval thereof,
County approval of Contractor's reports, files or documents shall not be used as a defense by
Contractor in any action between the County and Contractor, and the reports, files or documents will
be returned to Contractor for correction.
22. Equal Employment Opportunity: The Contractor shall comply with U.S. Executive Order 11246
entitled, "Equal Employment Opportunity" as amended by Executive Order 11375 and as
supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California
regulations as may now exist or be amended in the future. The Contractor shall not discriminate
against any employee or applicant for employment on the basis of race, color, national origin,
ancestry, religion, sex, marital status, political affiliation or physical or mental condition.
Regarding handicapped persons, the Contractor will not discriminate against any employee or
applicant for employment because of physical or mental handicap in regard to any position for which
the employee or applicant for employment is qualified. The Contractor agrees to provide equal
opportunity to handicapped persons in employment or in advancement in employment or otherwise
treat qualified handicapped individuals without discrimination based upon their physical or mental
handicaps in all employment practices such as the following: employment, upgrading, promotions,
transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation,
and selection for training, including apprenticeship. The Contractor agrees to comply with the
provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to
prohibition of discrimination against qualified handicapped persons in all programs and/or activities
as detailed in regulations signed by the Secretary of the Department of Health and Human Services
effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as
may now exist or be amended in the future.
Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of
Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in
the future.
23. News/Information Release: The Contractor agrees that it will not issue any news releases in
connection with either the award of this Contract or any subsequent amendment of or effort under
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this Contract without first obtaining review and written approval of said news releases from the
County through the County's Project Manager.
24. Notices: Any and all notices, requests demands and other communications contemplated, called for,
permitted, or required to be given hereunder shall be in writing with a copy provided to the assigned
Deputy Purchasing Agent (DPA), except through the course of the parties' project managers' routine
exchange of information and cooperation during the terms of the work and services. Any written
communications shall be deemed to have been duly given upon actual in -person delivery, if delivery
is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar
days after being mailed by US certified or registered mail, return receipt requested, postage prepaid,
whichever occurs first. The date of mailing shall count as the first day. All communications shall be
addressed to the appropriate party at the address stated herein or such other address as the parties
hereto may designate by written notice from time to time in the manner aforesaid.
Contractor: Name: TBD
Address:
City, State, Zip Code
Attn:
Ph:
Emai l:
County: Sheriff -Coroner Department/Sub Station
11 Journey
Aliso Viejo, CA 92656
Attn: Scott Merrill
Ph: 949-425-1903
Email: sjmerrill@ocsd.org
Assigned DPA: County of Orange
Sheriff -Coroner Department/Purchasing Services Unit
320 N. Flower Street, 2°d Floor
Santa Ana, CA 92703
Attn: Ranique Cortez
Ph: 71-8344312
Email: rcortez@ocsd.org
25. Precedence: The Contract documents consist of this Contract and its exhibits and attachments. In
the event of a conflict between or among the Contract documents, the order of precedence shall be
the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and
articles of this Contract, and then the exhibits and attachments.
26. Termination — Orderly: After receipt of a termination notice from the County of Orange, the
Contractor may submit to the County a termination claim, if applicable. Such claim shall be
submitted promptly, but in no event later than 60 days from the effective date of the termination,
unless one or more extensions in writing are granted by the County upon written request of the
Contractor. Upon termination County agrees to pay the Contractor for all services performed prior
to termination which meet the requirements of the Contract, provided, however, that such
compensation combined with previously paid compensation shall not exceed the total compensation
set forth in the Contract. Upon termination or other expiration of this Contract, each party shall
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Bid 060-0O21646-RC
promptly return to the other party all papers, materials, and other properties of the other held by each
for purposes of performance of the Contract.
27. Usage: No guarantee is given by the County to the Contractor regarding usage of this Contract.
Usage figures, if provided, are approximations. The Contractor agrees to supply services and/or
commodities requested, as needed by the County of Orange, at rates/prices listed in the Contract,
regardless of quantity requested.
28. Usage Reports: The Contractor shall submit usage reports on an annual basis to the assigned Deputy
Purchasing Agent of the County of Orange user agency/department. The usage report shall be in a
format specified by the user agency/department and shall be submitted 90 days prior to the expiration
date of the contract term, or any subsequent renewal term, if applicable.
29. Sub -Contracting: No performance of this Contract or any portion thereof may be subcontracted by
the Contractor without the express written consent of the County. Any attempt by the Contractor to
subcontract any performance of this Contract without the express written consent of the County shall
be invalid and shall constitute a breach of this Contract.
In the event that the Contractor is authorized by the County to subcontract, this Contract shall take
precedence over the terms of the Contract between Contractor and subcontractor, and shall
incorporate by reference the terms of this Contract. The County shall look to the Contractor for
performance and indemnification and not deal directly with any subcontractor. All work performed
by a subcontractor must meet the approval of the County of Orange.
30. Substitutions: The Contractor is required to meet all specifications and requirements contained
herein. No substitutions will be accepted without prior County written approval.
-Signature Page to Follow -
County of Orange MA#[-TBD]
Sheriff -Coroner Department Purchase and Delivery of a BMW Motorcycle
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County of Orange
Bid 060-CO21545-RC
Model Signature Page
The Parties hereto have executed this Contract number (TBD) for the Purchase and Delivery of a BMW
Motorcycle on the dates shown opposite their respective signatures below
Contractor*:
Bv: Title:
Print Name: Date:
Contractor*:
Bv: Title:
Print Name: Date:
*If the contracting party is a corporation, (2) two signatures are required: (1) signature by the Chairman
of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant
Secretary, the Chief'Financial Officer or any Assistant Treasurer. The signature of one person alone is
sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories
described above. For County purposes, proof of such dual office holding will be satisfied by having the
individual sign the instrument twice, each time indicating his or her office that qualifies tinder the above
described provision.
In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution
demonstrating the legal authority of the signature to bind the company.
Countv Of Oranee
A political subdivision of the State of California
.,,•���,. Sheriff -Coroner Department
,Fr
By: Title:
Print Name: Date:
County of Orange MA#[TBDJ
Sheriff -Coroner Department Purchase and Delivery of a BMW Motorcycle
Page 24 of 29
File No.: CO21545
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County of Orange
Bid 060-CO21545-RC
ATTACHMENT A
Scope of Work
Contractor shall provide a R 1250 RT-P BMW Motorcycle with the following specifications:
Qty.
Description
Option Code
BMW P/N
1
Color: Night Black & Alpine White III
753
1
Gear Shift Assist Pro
222
1
GPS Preparation
272
1
Dynamic Package (219, 224+182)
238
1
Heated Seat
518
1
Tire Pressure Monitoring
530
1
Cruise Control
538
1
Weather Protection
649
1
Standard Blue Pod -Mounted ID Lights
SID
5
Red LED-X Light
63 172361 718
5
Blue LED-X Light
63 172361 719
1
Duplex LED-X Red/Blue
63 172361 730
6
White Torus LED TDL/Alley
63 17 2 361 722
2
Auxiliary LED Turn Signals
63 172361 725
2
Auxiliary LED Brake/Tail Light
63 172361726
1
Saddlebag LED Lights w/Sensor Switch
63 172361727
1
Round Blue License Plate ID Light Kit
71 602452876
1
Extra Ignition Key — No Keyless Ride
51 258540950
1
Police Side Stand Extension/Base
71 602412389
1
Note Pad Holder
65 140421 315
1
Rear Flashlight/PR24 Holder — Left
71 602452839
1
M4 Combat Assault Rifle Mount
7160 2 452 894
1
Shotgun/Assault Rifle Mounting Bracket
71 602452840
1
BMW Navigator VI GPS Kit Complete
77 52 8 355 998
1
Radio Power Plug Connector
71 602452887
1
Radio Speaker Plug
71 602452844
1
Helmet Headset Interface Plug
71 602407782
1
Microphone Attachment Mount
71 602408075
I.
Kustom/Stalker/MIC Remote Attachment Kit
71 602452841
1
Accessory Connection Plugs (3)
71 602452846
1
Front 12v Power Outlet (lighter style)
71 602407785
1
Front Single USB Power Outlet
71 602446871
1
Fused Front Power Socket Harness
71 602409958
1
Radar/Lidar Gun Adaptor Plater MY19
71 602407797
2. Delivery Location:
Sheriff -Coroner Department/Sub Station
11 Journey
Aliso Viejo, CA 92656
Attn: Scott Merrill; 949-425-1901; sjmerrill@ocsd.org
County of Orange MA 9[7BD] Page 25 of 29
Sheriff -Coroner Department Purchase and Delivery of a B/LIW ivotorcycle File No.: CO21545
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County of Orange
Bid 060-0O21545-RC
ATTACHMENT B
Compensation and Pricing Provisions
1. Compensation: This is a firm -fixed fee Contract between the County and Contractor for the Purchase
and Delivery of a BMW Motorcycle as set forth in Attachment A, "Scope of Work.
The Contractor agrees to accept the specified compensation as set forth in this Contract as full
payment for performing all services and furnishing all staffing and materials required, for any
reasonably unforeseen difficulties which may arise or be encountered in the execution of the services
until acceptance, for risks connected with the services, and for performance by the Contractor of all
its duties and obligations hereunder. The Contractor shall only be compensated as set forth herein
for work performed in accordance with the Scope of Work. The County shall have no obligation to
pay any sum in excess of the fixed rates specified herein unless authorized by amendment in
accordance with Articles C. Amendments of the County Contract Terms and Conditions.
2. Fees and Charges: County will pay the following fees in accordance with the provisions of this
Contract. Payment shall be as follows:
Qty. I Description Total Cost
1 2019 1250 RT-P Motorcycle $
Subtotal $
Shipping & Handling $
Taxes (7.75%) $
Contract Total $
Price Increase/Decreases: No price increases will be permitted during the first period of the price
agreement. The County requires documented proof of cost increases on Contracts prior to any price
adjustment. A minimum of 30-days advance notice in writing is required to secure such adjustment.
No retroactive price adjustments will be considered. All price decreases will automatically be
extended to the County of Orange. The County may enforce, negotiate, or cancel escalating price
Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit
will remain firm during the period of the Contract. Adjustments increasing the Contractor's profit
will not be allowed.
4. Firm Discount and Pricing Structure: Contractor guarantees that prices quoted are equal to or less
than prices quoted to any other local, State or Federal government entity for services of equal or lesser
scope. Contractor agrees that no price increases shall be passed along to the County du ring the term
of this Contract not otherwise specified and provided for within this Contract.
Contractor's Expense: The Contractor will be responsible for all costs related to photo copying,
telephone communications and fax communications while on County sites during the performance
of work and services under this Contract.
6. Payment Terms — Payment in Arrears: Invoices are to be submitted in arrears to the user
agency/department to the ship -to address, unless otherwise directed in this Contract. Vendor shall
reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a
format acceptable to the County of Orange and verified and approved by the agency/department and
County of Orange MA 9[TBDf Page 26 of 29
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County of Orange
Bid 060-0O21545-RC
subject to routine processing requirements. The responsibility for providing an acceptable invoice
rests with the Contractor.
Billing shall cover services and/or goods not previously invoiced. The Contractor shall reimburse
the County of Orange for any monies paid to the Contractor for goods or services not provided or
when goods or services do not meet the Contract requirements.
Payments made by the County shall not preclude the right of the County from thereafter disputing
any items or services involved or billed under this Contract and shall not be construed as acceptance
of any part of the goods or services.
7. Taxpayer ID Number: The Contractor shall include its taxpayer ID number on all invoices submitted
to the County for payment to ensure compliance with IRS requirements and to expedite payment
processing.
8. Payment — Invoicing Instructions: The Contractor will provide an invoice on the Contractor's
letterhead for goods delivered and/or services rendered. In the case of goods, the Contractor will
leave an invoice with each delivery. Each invoice will have a number and will include the following
information:
a. Contractor's name and address
b. Contractor's remittance address, if different from 1 above
c. Contractor's Taxpayer ID Number
d. Name of County Agency/Department
e. Delivery/service address
f. Master Agreement (MA) or Purchase Order (PO) number
g. Agency/Department's Account Number
h. Date of invoice
i. Product/service description, quantity, and prices
j. Sales tax, if applicable
k. Freight/delivery charges, if applicable
1. Total
Invoice and support documentation are to be forwarded to:
Sheriff -Coroner Department/Sub Station
Attn: Scott Merrill
11 Journey
Aliso Viejo, CA 92656
9. Payment (Electronic Funds Transfer (EFT)
The County of Orange offers Contractors the option of receiving payment directly to their bank
account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment via EFT
will also receive an Electronic Remittance Advice with the payment details via e-mail. An e-mail
address will need to be provided to the County of Orange via an EFT Authorization Form. To request
a form, please contact the assigned Deputy Purchasing Agent. Upon completion of the form, please
mail, fax or email to the address or phone listed on the form.
10. Year End and Final Invoices
At the end of each term of the Contract, and upon final termination, Contractor shall submit final
invoices for services rendered or goods accepted by County under the Contract term (typically one
year) within ninety (90) days. For example, if the term of a Contract ends, or the Contract expires
County of Orange MA#[TBDJ Page 27 of 29
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County of Orange
Bid 060-CO21545-RC
without being renewed on June 301h, any and all invoices for services rendered or goods accepted by
County during the preceding term of the Contract shall be submitted to County on or before
September 28. In the event the ninetieth (90") day falls on a weekend or County holiday, the deadline
for submission of invoices shall be extended to the next business day. County holidays include New
Year's Day, Martin Luther King Day, President Lincoln's Birthday, Presidents' Day, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day.
Contractor's failure to submit invoices pursuant to the deadlines established herein may be deemed a
breach and shall be a basis for the County to refuse payment.
County of Orange MA#[TBDf
Sheriff -Coroner Department Purchase and Delivery of a BMW Motorcycle
Page 28 of 29
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County of Orange
Bid 060-CO21545-RC
COUNTY OF ORANGE CHILD SUPPORT ENFORCEMENT
CERTIFICATION REQUIREMENTS
EXHIBIT I
This data shall be transmitted to governmental agencies charged with the establishment and enforcement of child
support order and for no other purposes and shall be held confidential by those agencies.
A. In the case of an individual Vendor, his/her name, date of birth, Social Security number, and
residence address:
Name:
13.03:
Social Security No:
Residence Address:
B. In the case of a Vendor doing business in a form other than as an individual, the name, date of birth,
Social Security number, and residence address of each individual who owns an interest of 10 percent
or more in the contracting entity:
Name:
D.O.B:
Social Security No:
Residence Address:
Name:
13.0.13:
Social Security No:
Residence Address:
Name:
13.0.13:
Social Security No:
Residence Address:
(Additional sheets may be used if necessary)
County Use Only
Department Name
Sheriff -Coroner
DPA Name
Ranique Cortez.
Email Address
rcortez@ocsd.org
Phone Number
714-834-4312
County of Orange MA#[]'BDJ Page 29 of 29
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County of Orange
Bid 060-0O21 W-RC
Question and Answers for Bid #060-0O21545-RC - Purchase and ❑elivery of a BMW
Motorcycle
There are no questions associated with this bid.
Question Deadline: Aug 30, 2019 4:00:00 PM PDT
8/21/2019 1:24 PM p. 32
1011&2020 3.30.160 Exceptions to procurement methods.
3.30.160 Exceptions to procurement methods.
A. Minimum Procurement Levels. When the city manager establishes a minimum dollar threshold where the
procurement of public projects, contractual services, professional services, and materials, supplies, and equipment are not
subject to any of the required procurement methods in this chapter. The city shall work to procure these items in the best
interest of the city.
B. Disaster Relief: When in the case of a disaster, as further explained in Chapter 2.48, the requirements of this
chapter do not apply.
C. Emergency. While the need for occasional emergency purchases is recognized, the practice must be curtailed as
much as possible by anticipating needs so that normal purchasing procedures may be used.
1. "Emergency" means a sudden, unexpected occurrence that poses a clear, eminent danger requiring immediate
action to protect the health and safety of the public, including to prevent or mitigate the loss or impairment of life, health.
property or public services.
2. In the case of an emergency which requires the immediate procurement of public projects, contractual services,
professional services or materials. supplies, and equipment, the city manager may authorize the purchasing officer to
procure these items without regard to the provisions of this chapter; provided that a written public record shall be kept
showing the nature of the emergency and the city manager's authorization to proceed under the provisions of this section.
The city manager shall terminate the emergency action at the earliest possible date that conditions warrant.
D. No Competitive Market. When the city council determines that a competitive market does not exist or that the city
will not gain a competitive advantage by using the formal bidding procedure, the city may use any other procurement
method.
E. Competitive Bidding Already Completed. When the purchasing officer, with the approval of the city manager,
determines that: (1) a competitive bid procedure has been conducted by another public agency, including, but not limited
to, another local agency, the state through the California Multiple Award Schedule (CMAS), the federal government
through the General Services Administration (GSA), or a joint powers agency, authority or alliance that procures
competitive contracts; and (2) the price to the city is equal to or better than the price to that public agency.
F. State Purchase. When the purchase is made on behalf of the city by the State Department of General Services,
G. Mandated Expenditures. When expenditures are mandated by law or regulation, such as county booking fees.
utilities, postage (for delivery charges through the U.S. Postal Service), waste disposal fees or other non-negotiable
permit. use or application fees.
H. Shared Services. When the city council or city manager authorizes the award and execution of contracts for
services, subject to the dollar Iimits consistent with this chapter, that are provided by another government, public entity,
joint powers authority, quasi -governmental entity, special district or nonprofit entity that will maximize efficiency,
increase cost effectiveness, increase range of services, minimize duplication, provide training or education encourage
collaboration or standardize efforts, or leverage government resources.
I. Best Interest of City. When the city council or city manager authorizes the award and execution of contracts,
subject to the dollar limits consistent with this chapter, without competitive bidding provided that the city council or city
manager finds that such award is in the best interest of the city, or of the public health, safety, and welfare.
J. Sole Source. When the city manager determines that there is only one source that provides the needed public
project, contractual service, professional service or materials, supplies, and equipment or a product to ensure
compatibility with other city products and equipment, the city shall work to procure these items in the best interest of the
city.
K. Authorized Vendor list. The city or any of its departments may create an open vendor list for the purposes of
providing recurring and routine contractual services, professional services, and materials, supplies, and equipment for the
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M 161202o
3-30.160 Exceptions to procurement methods.
fiscal year. Prices from each vendor shall be obtained in a manner to ensure competitive pricing, in the best interest of the
city. The threshold for each vendor may be determined by the city council, at the recommendation of the city manager. A
vendor list may be approved by the city council as often as necessary but not less than once every twenty-four months.
L. Purchase for Recurring Charges. By adopting a procedure approved by the city manager, subject to the dollar
limits consistent with this chapter, an agent. one who has authority from the city to act on its behalf. contracted by the city
may purchase contractual services, professional services, and materials, supplies, and equipment for ongoing cleanup,
maintenance and different routine items that are of continuing nature provided the agent's contract allows for such
purchases.
M. Otherwise Authorized. When otherwise authorized by this chapter or applicable law. (Ord. 1335 § 1, 2018)
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