Loading...
Item No. 9AGENDA ITEM NO.9 RESI DATE: May 17, 2022 TO: Mayor and City Council FROM: David Carmany City Manager AGENDA STAFF REPORT City of West Covina I Office of the City Manager SUBJECT: CONSIDERATION OF PURCHASE OF FIRE DEPARTMENT PERSONAL PROTECTIVE EQUIPMENT RECOMMENDATION: It is recommended that the City Council take the following actions: 1. In accordance with West Covina Municipal Code Chapter 2, Article VII, Division 2, Section 2-333(i)(1), waive formal contract procedures by finding that it is impractical to purchase personal protective equipment ("PPE") and radios in compliance with the City's formal contract procedures; 2. Authorize the purchase of PPE from Municipal Emergency Services ("MES"), for a total of $75,050; 3. Authorize the purchase of 10 APX radios with accessories, device management system components, and support services, directly from Motorola Solutions, for a total of $113,197; and 4. Authorize 15% of the total amount for each purchase as contingency allowance to be used, if necessary, with the City Manager's approval, for unforeseen conditions. BACKGROUND: The West Covina Fire Department ("Fire Department") provides firefighting and emergency fire and rescue services. During emergency response activities, there are incidents where the atmosphere places the firefighters in areas that are Immediate Danger to Life and Health (IDLH). In an IDLH environment, firefighters must use personal protective equipment (PPE) and emergency communication equipment. The Fire Department is required to provide firefighters with PPE and emergency communications equipment. PPE and communications equipment is needed and individualized. DISCUSSION: New firefighters need to be outfitted with uniforms, PPE and equipment prior to onboarding as the equipment is fitted to user and is needed during training. The equipment and uniforms required for each recruit is as follows: Turnout Coat 2 Utility Gloves 1 Turnout Pant 2 Wildland Helmet/Shroud 1 Turnout Boots 1 Portable Radio 1 Flash Hood 2 Nomex Uniform Shirt 2 SCBA Mask 1 Nomex Uniform Pant 2 Gloves 1 Uniform Boots 1 Structure Helmet/Goggles/Shroud 11 jNomex Uniform Jacket 11 Flashlight 1 lWire Cutters 1 Wildland Shirt 1 Belt 1 Wildland Pant 1 IBuckle 1 Wildland Boots 1 113ulletproof vest 1 During IDLH environment incidents, firefighters will wear PPE. PPE consists of structural turnout coat, structural turnout pant, structural turnout boots, structural helmet, wildland turnout shirt, wildland turnout pant, wildland turnout boots, wildland turnout helmet, gloves, flash hoods, and SCBA. Currently, the Fire Department uses the following brands: Fire Dex structural turnout coat and pant, PRO Warrington structural boots, Phenix structural helmet, Workrite wildland turnout pant and Crewboss wildland Shirt, various brands of wildland boots, Workrite nomex uniform shirt, pant, Jacket and Bullard wildland helmet. Firefighters are required to have two sets of structural PPEs. To keep costs of PPE lower, several Los Angeles area Fire Departments including West Covina have agreed upon the make, model and style of turnout coat and pant. Any Los Angeles or Ventura County fire department can purchase structural PPE that meet the agreed upon specifications from MES, through its agreement with Los Angeles County, Contract No. MA-IS-184141-6 (see Attachment No. 3). The advantage of firefighters using the same specifications is that during operations there is clear and safe interoperability and little to no prior knowledge needed during rescue operations. Turnout PPE is required to be placed out of service once they are damaged, contaminated, beyond repair, or have reached the 10-year of service life. Each firefighter is required to have two sets; once one set is used, the back-up set can be placed in service and the dirty set is cleaned and or repaired. Fire Dex meets the Fire Department's specifications for structural turnout coat and pants. MES is the vendor of the Fire Department's structural turnout coat and pant. As outlined in Attachment No. 2, MES has quoted the cost for new structural PPE; coat, pant and boots, wildland pant, nomex uniform shirt, pant, and jacket and is the regular provider with the quickest and available inventory. Section 2-333(i)(1) of the West Covina Municipal Code authorizes the City Council to waive formal contract procedures when it finds that it is in the public interest and necessity or that it is impractical to purchase supplies or equipment in compliance with formal contract procedures. Because MES is the contracted vendor for the City's specifications and provides the equipment in a timely manner, staff believes it is impractical to comply with formal contract procedures in connection with the procurement of these items. For the PRO Warrington structural boots, Workrite Nomex shirt, Workrite Nomex pant, Workrite Nomex Jacket and Workrite wildland pant, staff obtained three quotes as required by the City's Purchasing Policy and determined that MES provided the lowest qualified price. West Covina's public safety radio system is built on Motorola Solutions radio infrastructure items and system components. This is also true of the regional communications networks that West Covina ties into. Specifically, both the multi -agency "Com-Net" Joint Powers Authority (JPA) regional public safety radio system in the San Gabriel Valley, and its larger parent organization, the Intercity Communications Interoperability System JPA ("ICI System JPA") with its Master Site in Glendale, are Motorola Solutions systems, with proprietary hardware, software, interconnectivity, and system design features that are unique to the manufacturer, Motorola. Unlike some other commodities whose manufacturers ship their products to retailers to sell at varying prices determined by the retailers, Motorola Solutions instead sells its proprietary radio equipment directly, or using its network of designated regional authorized distributors. Pricing is uniform, and is determined for all distributors by the manufacturer, Motorola. Occasionally, Motorola negotiates discounted contract pricing, and the ICI System JPA has a current multi -year discount contract in place. For these reasons, staff believes it is impractical to comply with formal contract procedures in connection with the procurement of the radios. Other than structure turnout coat, pant, structure boots, nomex wildland pant, nomex uniform shirt, nomex uniform pant, nomex uniform jacket and portable radio funds currently are available in the Fire Department budget and procurement has been initiated through the City's procurement procedures. OPTIONS: The City Council has the following options: 1. Approve Staff's recommendation; or 2. Provide alternative direction. Fiscal Impact FISCAL IMPACT: There is no new fiscal impact to the City's General Fund. Project No. Fund Name Account No. Current Budget Balance Amount Requested New Balance 22009 179 ARPA 179.80.7003.7900 $113,200 $113,200 $0 General Fund 110.32.3210.6490 $78,511 $75,050 $3,461 Total $191,711 $188,250 $3,461 *Pending approval of 3rd Quarter Budget Amendment. Attachments Attachment No. 1 - Motorola Quote West Covina FD Attachment No. 2 - MES Quote with comparisons Attachment No. 3 - MES LA area contract 0 MOTOROLA SOLUTIONS Billing Address: WEST COVINA FIRE DEPT W COVINA FIRE DEPT 1444 W GARVEY AVE WEST COVINA, CA 91790 US Summary: Any sales transaction resulting from Motor and Conditions, notwithstanding terms and Motorola Standard Terms and Conditions a DRAFT QUOTE-1732162 APX8000XE Attachment No. 1 Quote Date:04/19/2022 Expiration Date:07/18/2022 Quote Created By: Denis Redzepagic denis.redzepagic@ motorolasol uti ons. com End Customer: WEST COVINA FIRE DEPT Freight Terms:FREIGHT PREPAID PaymentTerms:30 NET ola's quote is based on and subject to the applicable Motorola Standard Terms conditions on purchase orders or other Customer ordering documents. re found at www.motorolasolutions.com/product-terms. APXTM 8000 Series APX8000XE 1 H91TGD9PW7AN APX 8000 ALL BAND 10 $7,475.00 $5,083.00 $50,830.00 PORTABLE MODEL 3.5 1a Q806CB ADD: ASTRID DIGITAL CAI 10 $567.00 $385.56 $3,855.60 OPERATION 1b QA05595AA ALT: BATT IMPRES 2 LIION 10 $160.00 $108.80 $1,088.00 DIV2 4850 1c Q361AN ADD: P25 9600 BAUD 10 $330.00 $224.40 $2,244.00 TRUNKING 1d QA02006AC ENH: APX8000XE RUGGED 10 $880.00 $598.40 $5,984.00 RADIO 1e QA00580AA ADD: TDMA OPERATION 10 $495.00 $336.60 $3,366.00 1f Q58AL ADD: 3Y ESSENTIAL 10 $121.00 $121.00 $1,210.00 SERVICE 1g Q15AJ ADD:AES/DES-XUDES-OFB 10 $879.00 $597.72 $5,977.20 ENCRYPTION AND ADP 1h Q53AF ADD: FRONT PANEL 10 $165.00 $112.20 $1,122.00 PROGRAMMING & CLONING 1 i QA09007AA ADD: OUT OF THE BOX WIFI 10 $0.00 $0.00 $0.00 PROVISIONING Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the -Underlying Agreement.') that authorizes Customer to purchase equipment and/or services or license software (collectively Products"'). If no Underlying Agreement exists between Motorola and Customer. then Motorola's Standard Terms of Use and Motoncla's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 - #: 36.111 WOO Page 1 © MOTOROLA SOLUTIONS DRAFT QUOTE-1732162 APX8000XE NumberLine # Item Description Qty List Price Sale Price Ext. Sale Price 1j QA09001AB ADD: WIFI CAPABILITY 10 $330.00 $224.40 $2,244.00 1k Q498AU ENH: ASTRID 25 OTAR W/ 10 $814.00 $553.52 $5,535.20 MULTIKEY 11 H38BS ADD: SMARTZONE 10 $1,650.00 $1,122.00 $11,220.00 OPERATION 1m G996AP ADD: PROGRAMMING OVER 10 $110.00 $74.80 $748.00 P25(OTAP) 1 n QA01427AG ALT: APX8000/XE HOUSING 10 $28.00 $19.04 $190.40 GREEN 2 PMMN4107C AUDIO ACCESSORY- 10 $594.00 $475.14 $4,751.40 REMOTE SPEAKER MICROPHONE,XE500 REMOTE SPKR MIC WITHOUT CHANNEL KNOB, HIGH IMPACT GREEN 3 PMPN4174A CHGR DESKTOP SINGLE 10 $82.08 $65.66 $656.60 UNIT IMPRES, US/NA 4 PMUN1034G 03 CONTROL HEAD 2 $1,471.20 $1,176.81 $2,353.62 Subtotal $103,376.02 Estimated Tax $9 820 72 Grand Total $113,196.74(USD) Notes: Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the —Underlying Agreement.') that authorizes Customer to purchase equipment and/or services or license software (collectively Products"'). If no Underlying Agreement exists between Motorola and Customer. then Motorola's Standard Terms of Use and Motoncla's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 - #: 36.111 WOO Page 2 Quote # ES Date Expires MUNICIPAL EMERGENCY SERVICES Sales Rep 4343 Viewridge Ave. Shipping Method Suite A San Diego, CA 92123 Customer Customer # Bill To MARI MONTES WEST COVINA FIRE DEPARTMENT 1444 WEST GARVEY AVE SO WEST COVINA CA 91790 United States Quote Attachment No. 2 QT1573108 04/12/2022 04/27/2022 Meyer, Lisa FedEx Ground West Covina Fire (CA) C100042 Ship To MARI MONTES WEST COVINA FIRE DEPARTMENT 1444 WEST GARVEY AVE SO WEST COVINA CA 91790 United States Item Alt. Item # Units Description FIRE-DEX West Covina West Covina 160602 21 $1,031.58 $21,663.18 160602 Custom FIRE-DEX WESTCOVINA160602-Coat -7.5 oz Gemini XT FIRE-DEX West Covina West Covina 160602 21 $1,563.85 $32,840.85 160602 Custom FIRE-DEX WESTCOVINA160602-Pant-7.5 oz Gemini XT, BT5007-Black-11- Honeywell Pro -Warrington Leather Structural Boot- 10 $558.92 $5,589.20 E NFPA - ref Quote 78950 FP50MN-Midnight 7.5 NMX REG FIT NOSTRIL PNT MN(Lg Sizes) - 20 $104.89 $2,097.80 Navy-36-30 (FP50MN-Midnight Navy-36-30) FP62-MN-Midnight 7.5 NMX TWILL WILDLAND TAC PANT MN 10 $159.00 $1,590.00 Navy-36-30 P-FSF4MN- 20 $128.86 $2,577.20 Midnight Navy-42- Regular VF IMAGEWEAR PART# FW20MN PART# FW20MN 10 $179.55 $1,795.50 Custom VF IMAGEWEAR 7.5 NMX FIRE FIGHTER JACKET MN Sew -Embroidery Direct Embroider Name and Rank 1 line 10 $0.00 $0.00 Names & Rank - 1 Embroider Rank, first initial and last name. Ex: line Captain S. Wise. ***Note: First initial, last name) NO RANK FOR RECRUITS**** Sew -Agency 2 Patches supplied by Agency 10 $0.00 $0.00 Supplied 2 Sew West Covina FD badge and rocker on left Patches shoulder Sew -Apply Badge Apply Badge Tab 10 $0.00 $0.00 Tab Apply badge tab on the left breast with badge affixed. To place an order please contact Lisa Meyer at (951) 903-3749. Subtotal $68,153.73 Thank you for doing business with MES! Shipping Cost $421.10 Tax Total $6,474.60 Freight cost to be determined. Total $75,049.43 This Quotation is subject to any applicable sales tax and shipping & handling charges that may apply. Tax and shipping charges are considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current information. All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice. II 111111111111IIII II11111111111 Page 1 of 1 QT1573108 4127n2, 7:14 PM ►L1 Home > Cart Continue Shopping YOUR CART (1) toMen's Firefighter Jacket Style #: FW20 Size: L Body: Regular Color: Midnight Navy Fait Add to Wishlist Save For Later Remove — 1 # FREE DOMESTIC GROUND SHIPPING ON ORDERS $99t PRICE $198-00 Have a Bulwark Account? 2" SUBTOTAL $198.00 SHIPPING 6 FREE SALES TAX e $17.33 TOTAL $215.33 8 CHECKOOT ADD A PROMO CODE At this time, we do not ship or accept Redkap.com orders outside of the United States and its territories. We apologize for the inconvenience. COMMON ORDERING QUESTIONS How long until my order arrives? What is the cut-off for same -day shipping? What is your return policy? NEED HELP? CONTACT US CNAT NDW Or call us at 1-666-335-1164 aip to factor content hXps:lAwnv.butwaA.coMwn ill 4/27/22, 7:12 PM Galls: Uniforms, Equipment and Gear for Police 1 Search ITEMS SHOPPING CART Back to Shopping UNIT PRICE QTY TOTAL PRICE WORKRITE FLAME RESISTANT NOMEX IIIA FIREFIGHTER JACKET Item#: JC866 I Mfg#: FW20NV-3L-1 L Color: NAVY Size: 3X Length: EXTRA LONG 1 n $229.50 1 $229.50 Order Now! Check Your Email For Shipping Details ADD TO LIST EDIT ITEM REMOVE BACK TO SHOPPING UPDATE CART CHECKOUT AVAILABLE BONUS OFFERS CHECKOUT 1e1w UPDATE CART CHECKOUT PRICING Savings: $40.49 Subtotal: $229.50 (1) COUPON OR PROMO CODE GAPLA APPLY Promo code applied YOU MAY ALSO LIKE Is Under -Armour Tactical All Season Jacket https://w .galls.com/CGBCCART 1/6 4127n2, 7:18 PM BmWa,w-Can ►L1 Home > Cart Continue Shopping YOUR CART (1) FREE DOMESTIC GROUND SHIPPING ON ORDERS $99. Men's Classic Firefighter Pant Style p: FP50 Waist: 42 Inseam: 30 Color: Navy Fait Save For Later Remove — 1 # PRICE 8163-00 Have a Bulwark Account? 2" SUBTOTAL $163.00 SHIPPING 6 FREE SALES TAX e $14.27 TOTAL $177.27 8 CHECKOOT ADD A PROMO CODE At this time, we do not ship or accept Redkap.com orders outside of the United States and its territories. We apologize for the inconvenience. COMMON ORDERING QUESTIONS How long until my order arrives? What is the cut-off for same -day shipping? What is your return policy? NEED HELP? CONTACT US CHAT NDW Or call us at 1-666-335-1164 aWp to footer content hXps:lAwnv.butwaA.coMwn ill 4/27/22, 7:23 PM Galls: Uniforms, Equipment and Gear for Police 1 Search ITEMS SHOPPING CART Back to Shopping UNIT PRICE QTY TOTAL PRICE WORKRITE NOMEX IIIA SLIM CUT FIREFIGHTER PANTS Item#: ZS778 I Mfg#: FP50NV-42-38U Color: NAVY Size: 42 Inseam: LONG 1 n $200.60 1 $200.60 In Stock! Usually Ships Within 24 Hours ADD TO LIST EDIT ITEM REMOVE BACK TO SHOPPING UPDATE CART CHECKOUT AVAILABLE BONUS OFFERS CHECKOUT 1e1w UPDATE CART CHECKOUT —or— Checkout With PayPal PRICING Savings: $35.39 Subtotal: $200.60 (1) COUPON OR PROMO CODE GAPLA APPLY Promo code applied YOU MAY ALSO LIKE https://w .galIs.com/CGBCCART 1/6 ENTER EMAIL ADDRESS Email Address * vcapelle@westcovina.org We need you email address to send you information about your order. O Sign up for our Newsletter to receive promotions I SUMMARY U t6 a m m SUBTOTAL 1 ITEM $605.9' Subtotal Does Not Include Shipping Or Tax Shipping $0.00 TOTAL $605.99 Have a Promo Code? A Items to Ship (1) W 41 Pro Warrington 5007, Structural Firefighting Boots, NFPA $605.99 Quantity: 1 Amount: $605.99 Edit Cart SKU: BT5007-1002 H SHIPS FROM MANUFACTURER You will have an opportunity to review your order on the next step. Continue Contact Us at sales@thefirefightingdepot.com Login or Create account L Cart: 1 Searc4, Contact Us at sales@thefirefightingdepot.com Menu Home All Products Brands Apparel Equipment Tools PPE Your Cart Price Quantity L Cart (1) Flashlights Total Honeywell: Pro Warrington Model 5007 - 14" Firefighting Bunker Boot 10/D Remove Price $ 605.49 • Pay 1rrUyrca Links Search About Us Contact Us Request A Quote Blog Shipping/Returns Privacy Policy Fire Training Opportunities Check Out Our Discount eBay Store Follow Us V m o 0 Newsletter 1 Quantity Total $ 605.49 Subtotal $ 605.49 Taxes and shipping calculated at checkout Continue shopping Update Cart Check Out Sign up to receive emails on products and savings opportunities! 1 Search ITEMS Back to Shopping UNIT PRICE QTY TOTAL PRICE WORKRITE DUAL CERTIFIED NOMEX IIIA WILDFIRE TACTICAL FIRE PANT Item#: TT851 I Mfg#: FP62NV-38-32 Color: NAVY Size: 38 Inseam: 32 $243.99 1 $243.99 Order Now! Check Your Email For Shipping Details ADD TO LIST EDIT ITEM REMOVE BACK TO SHOPPING UPDATE CART CHECKOUT NVNILNaL E aulvua urrErca CHECKOUT GO UPDATE CART CHECKOUT PRICING Subtotal: $243.99 (1) COUPON OR PROMO CODE enter code APPLY YOU MAY ALSO LIKE Propper Wildland Pants Free Shipping on orders over $99" with coupon code: FREESHIP 990 Logo Printing 904-296-2240 (tel:+19042962240) Today's customer service hours: 8am-6pm EST ti 30 Day Returns ;-m Apply for Credit (/apply -for -credit/) FuIISou cr e_. Free Shipping on orders over $99' with coupon code: FREESHIP Help A My Account Search by Product, Brand or Part # q Shopping Cart t item x remove Cart Actions - Workrite Fire Service FP62 Men's Wildland Dual -Compliant Tactical Pants - Black (/workrite-fire-service- fp62bk/). Item#: VF-FP62BK Waist Size: w34 Pant Inseam: 32" Inseam $279.27 / Each Update < Continue shopping 4.8 ***** Google Customer Reviews 4/27/22, 7:00 PM Workrile FR Firefighter Shirt FSF4, Classic Long Sleeve, Western — Shirt Size: 42, Shirt Length: Regular, Garment Primary Color... �-w SHOPPING CART CHECKOUT AS A NEW CUSTOMER 9 Order Subtotal (1 item) $140.99 4 SIGN IN AND CHECKOUT itWorkrite FR Firefighter Shirt FSF4, Classic Long Sleeve, Western For current coupons - check home page, SKU: WRFSF4MN-42-0R, MPN: FSF4MN-42-OR, UPC/EAN: 883392451885, Shirt Size: 42, Shirt Length: Regular, Garment Primary Color: Midnight Navy $140.99 x © 1 + ADD A COUPON $140.99 hftps://legionsafety.com/p/4045-workHte-fr-Frefghter-shirt-fsf4-classio-long-sleeve-westernly/40745 1/4 412722, 8:02 PM N FREE DOMESTIC GROUND SHIPPING ON ORDERS $99. Home > Cart Continue Shopping YOUR CART (1) Men's Classic Long Sleeve Western Firefighter Shirt Style #: FSF4 Size: 42 Body: Regular Color: Midnight Navy Edit Add to Wishlist Save For Later Remove + PRICE $160.00 Have a Bulwark Account? 2" SUBTOTAL $160.00 SHIPPING 6 FREE SALES TAX e $14.00 TOTAL $174.00 8 CHECKOOT ADD A PROMO CODE At this time, we do not ship or accept Redkap.com orders outside of the United States and its territories. We apologize for the inconvenience. COMMON ORDERING QUESTIONS How long until my order arrives? What is the cut-off for same -day shipping? What is your return policy? NEED HELP? CONTACT US CNAT NDW Or call us at 1-666-335-1164 aWp to factor content hftps:/hwnv.buWark.wnVmd 12 Attachment No 3 TERM CONTRACT AWARD air& f 4 CONTRACT NO: MA-IS-1840141-6 VERSION DATE INTERNAL SERVICES DEPARTMENT +, �` PROCUREMENT FOLDER: 1384028 % X �UiplM� BUYER: Mamica Valencia PHONE: 323-267-2288 EMAIL: mvalencianu)isd.lacoanty.gov MUNICIPAL EMERGENCY SERVICES INC VENDOR NO: 156796 4343 VIEWRIDGE AVE STE A CONTACT: SUSAN M MORAVEK PHONE: 303-518-7299 SAN DIEGO CA 92123 FISCAL YEAR: EFFECTIVE DATE: 01/01/I8 EXPIRATION: 12/31/23 CLOTHING, UNIFORM TURNOUT, PPE GEAR - SPECS -CONTRACT -AMD4 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE I COMMODITY CODE: 340-34-00-043522 0.000 EA ITEM $ 1314.930000 CLOTHING -UNIFORM PERSONAL PROTECTIVE EQUIPMENT (PPE)TURNOUT GEAR FIREFIGHTER COAT AS PER ATTACHED SPECIFICATIONS LABELED EXHIBIT A MANUFACTURER: HONEYWELL - MORNING PRIDE COUNTY OF LOS ANGELES COAT STYLE: # LTO 41BG TAIL BRONZE 2 COMMODITY CODE: 340-34-00-043522 0.000 EA ITEM $ 866.860000 CLOTHING -UNIFORM PERSONAL PROTECTIVE EQUIPMENT (PPE)TURNOUT GEAR FIREFIGHTER PANT AS PER ATTACHED SPECIFICATIONS LABELED EXHIBIT A MANUFACTURER: HONEYWELL - MORNING PRIDE COUNTY OF LOS ANGELES PANT STYLE: # S36 41BG PANTS BRONZE 3 COMMODITY CODE: 340-34-00-043522 0.000 EA ITEM $ 44.000000 NAME PANEL MANUFACTURER: HONEYWELL - MORNING PRIDE AS PER ATTACHED EXHIBIT B 4 COMMODITY CODE: 340-34-00-043522 0.000 EA ITEM $ 1501.170000 CLOTHING -UNIFORM PERSONAL PROTECTIVE EQUIPMENT (PPE)TURNOUT GEAR COUNTY OF LOS ANGELES VENDOR SIGNATURE/DATE PRICE SHEET TERM CONTRACT AWARD Page CONTRACTNO: MA-IS-1840141-6 2 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE FIREFIGHTER COAT WITH HRL LINER AND NAME PANEL AS PER ATTACHED SPECIFICATIONS LABELED EXHIBIT A -2 MANUFACTURER: HONEYWELL - MORNING PRIDE COUNTY OF LOS ANGELES COAT STYLE: # LTO 41BG HFRP TAIL BRONZE 5 COMMODITY CODE: 340-34-00-043522 0.000 EA ITEM $ 54.570000 CLOTHING -UNIFORM PERSONAL PROTECTIVE EQUIPMENT (PPE)TURNOUT GEAR SUSPENDERS FOR FIREFIGHTER COAT AS PER ATTACHED SPECIFICATIONS LABELED EXHIBIT A MANUFACTURER: HONEYWELL - MORNING PRIDE COUNTY OF LOS ANGELES SUSPENDER STYLE: # SP-DFSQ SPP SUSPENDER SIZES: SHORT 40 OR LESS, REGULAR 41 TO 45, LONG 46 TO 50, X-LONG 51 OR MORE 6 COMMODITY CODE: 340-34-00-043522 0.000 EA ITEM $ 1563.890000 CLOTHING -UNIFORM PERSONAL PROTECTIVE EQUIPMENT (PPE)TURNOUT GEAR FIREFIGHTER COAT AS PER ATTACHED SPECIFICATIONS LABELED EXHIBIT A LAC150165j Custom FIRE-DEX LACoFD Style Coat Gemini XT Glide 2 Layer Stedair 4000 Name Panel 7 COMMODITY CODE: 340-34-00-043522 0.000 EA ITEM $ 1031.560000 CLOTHING -UNIFORM PERSONAL PROTECTIVE EQUIPMENT (PPE)TURNOUT GEAR FIREFIGHTER PANT AS PER ATTACHED SPECIFICATIONS LABELED EXHIBIT A LAC150165P Custom FIRE-DEX LACoFD Style Pant Gemini XT Glide 2 Layer Stedair 4000 Includes Suspenders 8 COMMODITY CODE: 340-34-00-043522 0.000 EA ITEM $ 52.360000 NAME PANEL PRICE SHEET TERM CONTRACT AWARD Page CONTRACTNO: MA-IS-1840141-6 3 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE LAC150165NP Custom FIRE-DEX Name Panel for LACoFD Coat 9 COMMODITY CODE: 340-34-00-043522 0.000 EA ITEM $ 62.000000 CLOTHING -UNIFORM PERSONAL PROTECTTVE EQUIPMENT (PPE)TURNOUT GEAR SUSPENDERS FOR FIREFIGHTER COAT AS PER ATTACHED SPECIFICATIONS LABELED EXHIBIT A MANUFACTURER: HONEYWELL - MORNING PRIDE COUNTY OF LOS ANGELES SUSPENDER STYLE: # SP-DFSQ SPP SUSPENDER SIZES: SHORT 40 OR LESS, REGULAR 41 TO 45, LONG 46 TO 50, X-LONG 51 OR MORE SPECIAL TERMS & CONDITIONS I TERM CONTRACT AWARD CONTRACTNO: MA-IS-1840141-6 I Poe **AMENDMENT #4** AGREEMENT HAS BEEN EXTENDED FOR AN ADDITIONAL 24 MONTH PERIOD BY MUTUAL CONSENT WITH THE FOLLOWING CHANGES: -HONEYWELL LINES 1-5 WILL EXPIRE 1/31/22 -FIREDEX LINES 6-9 ADDED ALL OTHER TERMS AND CONDITIONS SHALL REMAIN THE SAME. BASIS: LETTER SIGNED BY DAVID MOONEY DATED 12/8/21 **AMENDMENT #3** AGREEMENT HAS BEEN EXTENDED FOR AN ADDITIONAL 12-MONTH PERIOD BY MUTUAL CONSENT. PRICE INCREASE HAS BEEN APPROVED AND IS REFLECTED ON THE LINES BY COMMODITY. ALL OTHER TERMS AND CONDITIONS SHALL REMAIN THE SAME. BASIS: LETTER SIGNED BY JOHN PRICE DATED 11/16/20 ****************************************** **AMENDMENT #2** MA MODIFIED TO ADD THE FOLLOWING LINES: 4. FIREFIGHTER COAT W/ HEAT RELEASE LINER AS PER ATTACHED EXHIBIT A-1 5. SUSPENDERS - SHORT TO EXTRA LONG VENDOR, DEPARTMENT AND MANAGEMENT APPROVED AS OF DECEMBER 4, 2019 *************************************************************** ******************* AMENDMENT 01 *********************• LINE 3 ADDED TO REFLECT AS NEEDED NAME PANEL AS PER ATTACHED EXHIBIT B VENDOR, DEPARTMENT AND MANAGEMENT APPROVED AS OF MAY 1, 2018. PURPOSE THIS AGREEMENT IS FOR FIREFIGHTER PROTECTIVE TURNOUT GEAR ON BEHALF OF THE SOUTHERN CALIFORNIA AREA PERSONAL PROTECTIVE EQUIPMENT CONSORTIUM (SCAPPEC) THAT MEETS THE ALL AGENCY REQUIREMENTS. PRICES, TERMS AND CONDITIONS IN ACCORDANCE WITH RFB-IS-18200218 THE FOLLOWING STYLES ARE FOR REFERENCE ONLY WITH RESPECTS TO PARTICIPATING AGENCIES: CITY OF LOS ANGELES COAT STYLE: # LTO 62B3 TAIL GOLD CITY OF LOS ANGELES PANT STYLE: # S36 62133 PANTS GOLD SPECIAL TERMS & CONDITIONS I TERM CONTRACT AWARD CONTRACT NO: MA-IS-1840141-6 I P S e VENTURA COUNTY COAT STYLE # LTO 62BG TAIL GOLD VENTURA COUNTY PANT STYLE. #S36 62BG PANTS GOLD 1.0 -- TERM OF AGREEMENT THE INITIAL TERM OF THIS AGREEMENT SHALL COMMENCE ON THE EFFECTIVE DATE, AND SHALL EXPIRE THREE (3) YEARS THEREAFTER (HEREINAFTER "INITIAL TERM"), UNLESS SOONER TERMINATED OR EXTENDED, IN WHOLE OR IN PART, AS PROVIDED IN THE AGREEMENT. FOLLOWING THE INITIAL TERM, THE COUNTY OF LOS ANGELES, INTERNAL SERVICES DEPARTMENT, SHALL HAVE THE SOLE OPTION TO EXTEND THE ARGEEMENT FOR UP TO TWO (2) ADDITIONAL ONE-YEAR EXTENSION PERIODS, FOR A MAXIMUM TOTAL TERM OF FIVE (5) YEARS. THE COUNTY SHALL PROVIDE WRITTEN NOTICE TO CONTRACTOR OF ANY INTENTIONS TO EXTEND THE AGREEMENT AT LEAST THIRTY (30) DAYS PRIOR TO EXPIRATION PROVIDED, HOWEVER CONTRACTOR MUST SEND COUNTY WRITTEN NOTICE OF ITS OPTION TO TERMINATE, AT LEAST NINETY (90) DAYS PRIOR TO THE END OF THE TERM. ANY EXTENSIONS OF THE AGREEMENT TERM SHALL BE BY WRITTEN AMENDMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF BOTH PARTIES. PAYMENT TERMS: 0% / NET 30 DAYS 2.0 -- CONSUMPTION: THE COUNTY'S TOTAL ESTIMATED ANNUAL CONSUMPTION IS $9,000,000 OUR ESTIMATED CONSUMPTION IS GIVEN FOR INFORMATION ONLY AND WE GUARANTEE NO MINIMUM QUANTITY. 3.0 -- REQUIRED ANNUAL CONSUMPTION REPORT: UPON REQUEST, VENDOR SHALL FURNISH THE COUNTY OF LOS ANGELES PURCHASING ANALYST WITH AN ANNUAL CONSUMPTION REPORT IN UNPROTECTED EXCEL FORMAT. REPORT SHALL BE DUE WITHIN THREE (3) DAYS OF REQUEST. THE ANNUAL CONSUMPTION REPORT SHALL INCLUDE THE FOLLOWING: - CONTRACT NUMBER - PURCHASE ORDER NUMBER - DATE OF PURCHASE - DEPARTMENT NAME - QUANTITY PURCHASED - UNIT PRICE IN ADDITION, THE AWARDED VENDOR AGREES TO POPULATE AND MAINTAIN AN ELECTRONIC DATABASE AS PRESCRIBED IN THE SPECIFICATIONS. 4.0 -- DELIVERY: A. QUOTE F.O.B. DELIVERED., FREIGHT PREPAID AND ALLOWED, VENDOR: PAYS FREIGHT COST, OWN TITLE IN TRANSIT, FILE CLAIM(S), COUNTY: TAKES OWNERSHIP AT DESTINATION. B. PRICES QUOTED SHALL INCLUDE DELIVERY TO LOCATIONS WITHIN THE LOS ANGELES COUNTY. C. VENDOR WILL USE PACKING MATERIALS THAT ARE RECYCABLE AND/OR REUSABLE. VENDOR SPECIAL TERMS & CONDITIONS I TERM CONTRACT AWARD CONTRACTNO: MA-IS-1840141-6 I Pa6ge WILL NOT USE ENVIRONMENTALLY HARMFUL MATERIAL, SUCH AS STYROFOAM, IN THE PACKING OF PRODUCTS DELIVERED FOR USE BY THE COUNTY OF LOS ANGELES. VENDOR SHALL PACKAGE ALL ORDERS AS OUTLINED IN THE SPECIFICATIONS PER GARMENT. D. BIDDER MUST PROVIDE DELIVERY LEAD TIME FOR PURCHASES MADE AGAINST THIS AGREEMENT. DELIVERIES SHALL BE AS FOLLOWS: FOR INITIAL ORDER, DELIVERY SHALL BE: 60 DAYS AFTER RECEIPT OF ORDER (ARO) FOR STANDARD ORDERS, DELIVERY SHALL BE: 30 DAYS ARO FOR EMERGENCY ORDERS, DELIVERY SHALL BE: 30 DAY ARO 5.0 -- ALL ITEMS OFFERED MUST BE NEW UNUSED CURRENT MODELS COVERED BY THE ORIGINAL MANUFACTURER WARRANTY. 6.0 -- PRODUCTS PURCHASED AS A RESULT OF THIS CONTRACT ARE TO BE SUPPLIED AS OFFERED AND ACCEPTED WITHOUT SUBSTITUTION OF MATERIAL OR STYLE. SPECIFICATIONS OF ITEMS DESCRIBED HAVE BEEN DEEMED ADEQUATE TO SATISFY THE PERFORMANCE REQUIREMENTS OF THE DEPARTMENT. COST INCURRED BY THE COUNTY OF LOS ANGELES FOR INTERNAL ACTIVITIES REQUIRED TO RECALL AND REPLACE AN UNAUTHORIZED SUBSTITUTE WILL BE DOCUMENTED AND APPLIED TO THE ACCOUNT OF THE SUPPLIER. 7.0 -- PRE-PRINTED TERMS AND CONDITIONS/BIDDERS CONTRACT DOCUMENTS BIDDERS PRE-PRINTED TERMS AND CONDITIONS OR RESTRICTIONS COMMONLY APPEARING ON THE REVERSE SIDE OF LETTERS SUBMITTED WITH THE BID AND/OR BIDDERS SPECIFICATIONS MATERIAL AND CONTRACT DOCUMENTS WILL BE DISREGARDED IN THE ABSENCE OF A POSITIVE WRITTEN STATEMENT FROM BIDDER THAT ALL OR A PARTICULAR PORTION OF SUCH WRITINGS ARE IN ADDITION TO OR SUPERSEDE THE COUNTY TERMS AND CONDITIONS. 8.0 -- CONTRACTORS OFFER IS TO BE ON THE BASIS THAT ALL ITEMS ARE GUARANTEED EQUAL IN QUALITY AND PATTERN TO THOSE SPECIFIED. ANY ITEM PURCHASED AS EQUIVALENT AND NOT ACCEPTABLE TO THE USER DEPARTMENT MAY BE RETURNED FOR FULL CREDIT. 9.0 -- CAL/OSHA - STATEMENT OF COMPLIANCE: THE ITEMS SHOWN HEREIN MUST MEET ALL APPLICABLE LOCAL, STATE AND FEDERAL STATUTES, REGULATIONS, CODES, ETC., INCLUDING BUT NOT LIMITED TO CAL/OSHA REQUIREMENTS AS SET FORTH IN THE CALIFORNIA ADMINISTRATIVE CODE, TITLE 8, CHAPTER 4. SUBMISSION OF A BID CONSTITUTES THE REPRESENTATION OF THE CONTRACTOR THAT ALL ITEMS MEET OR EXCEED ALL SUCH APPLICABLE LAWS, STATUTES, CODES, ETC., AND THAT THE DETERMINATION THAT ANY ITEM DOES NOT DO SO SHALL BE GROUNDS, AT THE OPTION OF THE PURCHASING AGENT, TO TERMINATE OR RESCIND THE AGREEMENT, PURCHASE OR LEASE, AND ENTITLE THE COUNTY TO ANY DAMAGES SUFFERED BY REASON THEREOF. THE USE OF BRAND NAMES IN THIS REQUEST FOR BID IS FOR CONTRACTOR INFORMATION ONLY AND DOES NOT SIGNIFY COMPLIANCE WITH THE ABOVE CODES AND REGULATIONS. 10.0 -- QUALITY ASSURANCE PLAN THIS CONTRACT MUST COMPLY WITH THE COUNTY'S QUALITY ASSURANCE PLAN AS FOLLOWS: THE COUNTY OR ITS AGENT WILL EVALUATE CONTRACTOR'S PERFORMANCE UNDER THIS AGREEMENT ON NOT LESS THAN AN ANNUAL BASIS. SUCH EVALUATION WILL INCLUDE ASSESSING CONTRACTOR'S COMPLIANCE WITH ALL CONTRACT TERMS AND PERFORMANCE STANDARDS. CONTRACTOR DEFICIENCIES WHICH COUNTY DETERMINES ARE SEVERE OR CONTINUING AND THAT MAY PLACE PERFORMANCE OF THE AGREEMENT IN JEOPARDY IF NOT CORRECTED WILL BE REPORTED TO THE BOARD OF SUPERVISORS. THE REPORT WILL INCLUDE IMPROVEMENT/CORRECTIVE ACTION MEASURES TAKEN BY THE COUNTY AND CONTRACTOR. IF IMPROVEMENT DOES NOT OCCUR CONSISTENT WITH THE CORRECTIVE ACTION MEASURES, COUNTY MAY TERMINATE THIS AGREEMENT OR IMPOSE OTHER PENALTIES AS SPECIFIED IN THIS AGREEMENT. 11.0 -- INDEMNIFICATION AND INSURANCE SPECIAL TERMS & CONDITIONS I TERM CONTRACT AWARD CONTRACTNO: MA-IS-1840141-6 I Page INDEMNIFICATION AND INSURANCE REQUIREMENTS FOR THE COUNTY LOS ANGELES SERVICE AGREEMENTS. GENERAL INSURANCE REQUIREMENTS: WITHOUT LIMITING CONTRACTOR'S INDEMNIFICATION OF COUNTY AND DURING THE TERM OF ANY AGREEMENT FORMULATED FROM THIS INQUIRY, CONTRACTOR SHALL PROVIDE AND MAINTAIN, AND SHALL REQUIRE ALL OF ITS SUB -CONTRACTORS TO MAINTAIN, THE FOLLOWING PROGRAMS OF INSURANCE SPECIFIED IN ANY AGREEMENT FORMULATED FROM THIS INQUIRY. SUCH INSURANCE SHALL BE PRIMARY TO AND NOT CONTRIBUTING WITH ANY OTHER INSURANCE OF SELF INSURANCE PROGRAMS MAINTAINED BY COUNTY, AND SUCH COVERAGE SHALL BE PROVIDED AND MAINTAINED AT CONTRACTOR'S OWN EXPENSE. INSURANCE COVERAGE SHALL BE MAINTAINED AS SPECIFIED IN APPENDIX C, PARAGRAPH 16.11 OF THE REQUEST FOR PROPOSAL PACKAGE. A. Commercial General Liability insurance (providing scope of coverage equivalent to ISO policy form CG 00 01), naming County and its Agents as an additional insured, with limits of not less than: - General Aggregate: $2 million - Products/Completed Operations Aggregate: $1 million - Personal and Advertising Injury: $1 million - Each Occurrence: $1 million B. Automobile Liability insurance (providing scope of coverage equivalent to ISO policy form CA 00 01) with limits of not less than $1 million for bodily injury and property damage, in combined or equivalent split limits, for each single accident. Insurance shall cover liability arising out of Contractor's use of autos pursuant to this Contract, including owned, leased, hired, and/or non -owned autos, as each may be applicable. C. Workers Compensation and Employers' Liability insurance or qualified self-insurance satisfying statutory requirements, which includes Employers' Liability coverage with limits of not less than $1 million per accident. If applicable to Vendor's operations, coverage also shall be arranged to satisfy the requirements of any federal workers or workmen's compensation law or any federal occupational disease law. EVIDENCE OF INSURANCE: CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE SATISFACTORY TO COUNTY SHALL BE DELIVERED TO PURCHASING AGENT DESIGNEE PRIOR TO COMMENCING SERVICES UNDER ANY AGREEMENT FORMULATED AS A RESULT OF THIS INQUIRY. CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE SHALL BE DELIVERED TO: ATTN: MINERVA CORRAL COUNTY OF LOS ANGELES - ISD 1100 NORTH EASTERN AVENUE RM #G115 LOS ANGELES, CA 90063 SUCH CERTIFICATES OR OTHER EVIDENCE SHALL: (1) SPECIFICALLY IDENTIFY SUBSEQUENT AGREEMENT. (2) CLEARLY EVIDENCE ALL COVERAGES REQUIRED IN SUBSEQUENT AGREEMENT. (3) CONTAIN THE EXPRESS CONDITION THAT COUNTY IS TO BE GIVEN WRITTEN NOTICE BY MAIL AT LEAST THIRTY (30) DAYS IN ADVANCE OF CANCELLATION FOR ALL POLICIES EVIDENCED ON THE CERTIFICATE OF INSURANCE. (4) INCLUDE COPIES OF THE ADDITIONAL INSURED ENDORSEMENT TO THE COMMERCIAL GENERAL LIABILITY POLICY, ADDING THE COUNTY OF LOS ANGELES ITS SPECIAL DISTRICTS, ITS OFFICIALS, OFFICERS AND EMPLOYEES AS INSUREDS FOR ALL ACTIVITIES ARISING FROM SUBSEQUENT AGREEMENT. (5) IDENTIFY ANY DEDUCTIBLES OR SELF -INSURED RETENTIONS FOR COUNTY'S APPROVAL. THE COUNTY RETAINS THE RIGHT TO REQUIRE CONTRACTOR TO REDUCE OR ELIMINATE SUCH DEDUCTIBLES OR SELF -INSURED RETENTIONS AS THEY APPLY TO COUNTY, OR, REQUIRE CONTACTOR TO PROVIDE A BOND GUARANTEEING PAYMENT OF ALL SUCH RETAINED LOSSES AND RELATED COSTS, SPECIAL TERMS & CONDITIONS I TERM CONTRACT AWARD CONTRACTNO: MA-IS-1840141-6 I Page INCLUDING, BUT NOT LIMITED TO, EXPENSES OR FEES, OR BOTH, RELATED TO INVESTIGATIONS, CLAIMS ADMINISTRATIONS, AND LEGAL DEFENSE. SUCH BOND SHALL BE EXECUTED BY A CORPORATE SURETY LICENSED TO TRANSACT BUSINESS IN THE STATE OF CALIFORNIA. 12.0 -- INSURER FINANCIAL RATINGS: INSURANCE IS TO BE PROVIDED BY AN INSURANCE COMPANY ACCEPTABLE TO THE COUNTY WITH AN A.M. BEST RATING OF NOT LESS THAN A:VII, UNLESS OTHERWISE APPROVED BY COUNTY. FAILURE TO MAINTAIN COVERAGE: FAILURE BY CONTRACTOR TO MAINTAIN THE REQUIRED INSURANCE, OR TO PROVIDE EVIDENCE OF INSURANCE COVERAGE ACCEPTABLE TO COUNTY, SHALL CONSTITUTE A MATERIAL BREACH OF THE CONTRACT UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE OR SUSPEND THIS AGREEMENT. COUNTY, AT ITS SOLE OPTION, MAY OBTAIN DAMAGES FROM CONTRACTOR RESULTING FROM SAID BREACH. ALTERNATIVELY, COUNTY MAY PURCHASE SUCH REQUIRED INSURANCE COVERAGE, AND WITHOUT FURTHER NOTICE TO CONTRACTOR, COUNTY MAY DEDUCT FROM SUMS DUE TO CONTRACTOR FOR SUCH INSURANCE. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS: CONTRACTOR SHALL REPORT TO COUNTY: (1) ANY ACCIDENT OR INCIDENT RELATING TO SERVICES PERFORMED UNDER THIS AGREEMENT WHICH INVOLVES INJURY OR PROPERTY DAMAGE WHICH MAY RESULT IN THE FILING OF A CLAIM OR LAWSUIT AGAINST CONTRACTOR AND/OR COUNTY. SUCH REPORT SHALL BE MADE IN WRITING WITHIN 24 HOURS OF OCCURRENCE. (2) ANY THIRD PARTY CLAIM OR LAWSUIT FILED AGAINST CONTRACTOR ARISING FROM OR RELATED TO SERVICES PERFORMED BY CONTRACTOR UNDER THIS AGREEMENT. (3) ANY INJURY TO A CONTRACTOR EMPLOYEE WHICH OCCURS ON COUNTY PROPERTY. THIS REPORT SHALL BE SUBMITTED ON A COUNTY "NON -EMPLOYEE INJURY REPORT' TO THE COUNTY CONTRACT MANAGER. (4) ANY LOSS, DISAPPEARANCE, DESTRUCTION, MISUSE, OR THEFT OF ANY KIND WHATSOEVER OF COUNTY PROPERTY, MONIES OR SECURITIES ENTRUSTED TO CONTRACTOR UNDER THE TERMS OF THIS AGREEMENT. COMPENSATION FOR COUNTY COSTS: IN THE EVENT THAT CONTRACTOR FAILS TO COMPLY WITH ANY OF THE INDEMNIFICATION OR INSURANCE REQUIRMENTS OF THIS AGREEMENT, AND SUCH FAILURE TO COMPLY RESULTS IN ANY COSTS TO COUNTY, CONTRACTOR SHALL PAY FULL COMPENSATION FOR ALL COSTS INCURRED BY COUNTY. 13.0 -- INSURANCE COVERAGE REQUIREMENTS FOR SUB -CONTRACTORS: CONTRACTOR SHALL ENSURE THAT ANY AND ALL SUB -CONTRACTORS PERFORMING SERVICES UNDER THIS AGREEMENT MEET THE INSURANCE REQUIREMENTS OF THIS AGREEMENT BY EITHER: (1) CONTRACTOR PROVIDING EVIDENCE OF INSURANCE COVERING THE ACTIVITIES OF SUB -CONTRACTORS, OR (2) CONTRACTOR PROVIDING EVIDENCE SUBMITTED BY SUB -CONTRACTORS EVIDENCING THAT SUB -CONTRACTORS MAINTAIN THE REQUIRED INSURANCE COVERAGE. COUNTY RETAINS THE RIGHT TO OBTAIN COPIES OF EVIDENCE OF SUB -CONTRACTOR INSURANCE COVERAGE AT ANY TIME. INSURANCE COVERAGE REQUIREMENTS SHALL BE AS THOSE REQUIRED OF THE PRIMARY CONTRACTOR. 14.0 -- PROFESSIONAL LIABILITY: NOT REQUIRED FOR THIS AWARD 15.0 -- PROPERTY COVERAGE: SUCH INSURANCE SHALL BE ENDORSED NAMING THE COUNTY OF LOS ANGELES AS LOSS PAYEE, PROVIDE DEDUCTIBLES OF NO GREATER THAN 5% OF THE PROPERTY VALUE, AND SHALL INCLUDE: SPECIAL TERMS & CONDITIONS I TERM CONTRACT AWARD CONTRACT NO: MA-IS-1840141-6 I Pa9ge PERSONAL PROPERTY: AUTOMOBILES AND MOBILE EQUIPMENT - SPECIAL FORM ('ALL RISK) COVERAGE FOR THE ACTUAL CASH VALUE OF COUNTY -OWNED OR LEASED PROPERTY. REAL PROPERTY AND ALL OTHER PERSONAL PROPERTY - SPECIAL FORM ('ALL RISK) COVERAGE FOR THE FULL REPLACEMENT VALUE OF COUNTYOWNED OR LEASED PROPERTY. 16.0 -- FAILURE TO MAINTAIN INSURANCE: FAILURE ON THE PART OF AWARDED CONTRACTOR TO MAINTAIN REQUIRED INSURANCE SHALL CONSTITUTE A MATERIAL BREACH OF CONTRACT OF SUBSEQUENT AGREEMENT/PURCHASE ORDER UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE OR SUSPEND SAID AGREEMENT/PURCHASE ORDER OR, AT ITS DISCRETION, PROCURE OR RENEW SUCH INSURANCE AND PAY ANY AND ALL PREMIUM IN CONNECTION THEREWITH, AND ALL MONIES SO PAID BY COUNTY SHALL BE REPAID BY CONTRACTOR TO COUNTY UPON DEMAND OR COUNTY MAY OFFSET THE COST OF THE PREMIUMS AGAINST ANY MONIES DUE TO CONTRACTOR FROM COUNTY. 17.0 -- YOUR PROPOSAL HAS BEEN CONSIDERED AS YOUR INDICATION THAT YOU WILL FURNISH ACCEPTABLE CERTIFICATE OR AFFIDAVIT OF WORKERS' COMPENSATION INSURANCE, AND PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE FOR THE PROTECTION OF THE COUNTY. 18.0 -- WORKERS COMPENSATION AND EMPLOYER'S LIABILITY: INSURANCE PROVIDING WORKERS COMPENSATION BENEFITS, AS REQUIRED BY THE LABOR CODE OF THE STATE OF CALIFORNIA OR BY ANY OTHER STATE, AND FOR WHICH CONTRACTOR IS RESPONSIBLE. IF CONTRACTOR'S EMPLOYEES WILL BE ENGAGED IN MARITIME EMPLOYMENT, COVERAGE SHALL PROVIDE WORKERS COMPENSATION BENEFITS AS REQUIRED BY THE U.S. LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, JONES ACT OR ANY OTHER FEDERAL LAW FOR WHICH CONTRACTOR IS RESPONSIBLE. IN ALL CASES, THE ABOVE INSURANCE ALSO SHALL INCLUDE EMPLOYERS' LIABILITY COVERAGE WITH LIMITS OF NOT LESS THAN THE FOLLOWING: EACH ACCIDENT: $1 MILLION DISEASE - POLICY LIMIT: $1 MILLION DISEASE - EACH EMPLOYEE: $1 MILLION. 19.0 -- CANCELLATION OF INSURANCE: EXCEPT IN THE CASE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM, CONTRACTOR'S INSURANCE POLICIES SHALL PROVIDE, AND CERTIFICATES SHALL SPECIFY, THAT COUNTY SHALL RECEIVE NOT LESS THAN THIRTY (30) DAYS ADVANCE WRITTEN NOTICE BY MAIL OF ANY CANCELLATION OF THE REQUIRED INSURANCE. TEN (10) DAYS PRIOR NOTICE MUST BE GIVEN TO THE COUNTY IN THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. 20.0 -- THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO CANCEL THIS AGREEMENT IF DELIVERY OR SERVICES PROVE UNSATISFACTORY (DEFAULT) AND MAY PROCURE THE ARTICLES OR SERVICES FROM OTHER SOURCES AND MAY DEDUCT FROM UNPAID BALANCE DUE THE CONTRACTOR AND/OR MAY COLLECT AGAINST THE BOND OR SURETY FOR EXCESS COSTS SO PAID. THE PRICES PAID BY THE COUNTY OF LOS ANGELES SHALL BE CONSIDERED THE PREVAILING MARKET PRICE AT THE TIME SUCH PURCHASE IS MADE. THE COUNTY OF LOS ANGELES SHALL BE SOLE JUDGE AS TO SATISFACTORY PERFORMANCE. COUNTY MAY CANCEL ALL OR PART OF THIS AGREEMENT AND/OR PURCHASE ORDER(S) AT NO COST AND FOR ANY REASON BY GIVING WRITTEN NOTICE TO THE CONTRACTOR AT LEAST THIRTY (30) CALENDAR DAYS PRIOR TO SCHEDULED DELIVERY. A CANCELLATION CHARGE NOT TO EXCEED ONE PERCENT (1%) OF THE VALUE OF THE CANCELLED PORTION OF THIS AGREEMENT AND/OR PURCHASE ORDER(S) MAY BE CHARGED TO THE COUNTY ON ANY CANCELLATION WITH LESS THAN THIRTY (30) CALENDAR DAY'S PRIOR WRITTEN NOTICE. CONTRACTOR MAY CANCEL AGREEMENT AFTER INITIAL YEAR OF THE AGREEMENT PERIOD, UPON NINETY (90) DAYS WRITTEN NOTICE. THE COUNTY MAY CONTINUE TO PLACE ORDERS AGAINST THE AGREEMENT UNTIL THE EFFECTIVE DATE OF SUCH CANCELLATION. SPECIAL TERMS & CONDITIONS I TERM CONTRACT AWARD CONTRACT NO: MA-IS-1840141-6 I PIOe 21.0 -- RETURN OF GOODS RECEIVED: CONTRACTOR AGREES TO ACCEPT FOR CREDIT ANY MERCHANDISE RETURNED IN GOOD CONDITION WITHIN FIVE DAYS AFTER RECEIPT OF GOODS WITHOUT ANY HANDLING CHARGES; HOWEVER, NO RETURN SHALL BE MADE OF ANY MATERIAL WHICH HAS BEEN PUT INTO OPERATION OTHER THAN FOR TEST. WHEN PRODUCTS DELIVERED FAIL TO MEET SPECIFICATION, COST OF INSPECTION SHALL BE FOR ACCOUNT OF CONTRACTOR. 22.0 -- TIME IS OF THE ESSENCE: IF ANY ANTICIPATED OF ACTUAL DELAYS ARISE, CONTRACTOR SHALL IMMEDIATELY SO NOTIFY COUNTY, REGARDLESS OF NOTICE IF DELIVERIES ARE NOT MADE AT THE TIME AGREED UPON. COUNTY MAY, AT ITS SOLE DISCRETION, TERMINATE THIS PURCHASE ORDER AND PROCEED PURSUANT TO PARAGRAPH ON DEFAULT. 23.0 -- TERMINATION FOR CONVENIENCE: ANY AGREEMENT MAY BE TERMINATED, WHEN SUCH ACTION IS DEEMED BY COUNTY TO BE IN ITS BEST INTEREST. TERMINATION SHALL BE EFFECTED BY DELIVERY TO CONTRACTOR OF A NOTICE OF TERMINATION SPECIFYING THE EXTENT TO WHICH PERFORMANCE OF AGREEMENT IS TERMINATED AND THE DATE UPON WHICH SUCH TERMINATION BECOMES EFFECTIVE, WHICH SHALL BE NO LESS THAN TEN (10) DAYS AFTER THE NOTICE IS SENT. AFTER RECEIPT OF A NOTICE OF TERMINATION, CONTRACTOR SHALL SUBMIT ITS TERMINATION CLAIM AND INVOICE TO COUNTY, IN THE FORM AND WITH ANY CERTIFICATIONS AS MAY BE PRESCRIBED BY COUNTY. SUCH CLAIM AND INVOICE SHALL BE SUBMITTED PROMPTLY, BUT NOT LATER THAN THREE MONTHS FROM THE EFFECTIVE DATE OF TERMINATION. UPON FAILURE OF CONTRACTOR TO SUBMIT ITS TERMINATION CLAIM AND INVOICE WITHIN THE TIME ALLOWED, COUNTY MAY DETERMINE ON THE BASIS OF INFORMATION AVAILABLE TO COUNTY, THE AMOUNT, IF ANY, DUE TO CONTRACTOR IN RESPECT TO THE TERMINATION, AND SUCH DETERMINATION SHALL BE FINAL. WHEN SUCH DETERMINATION IS MADE, COUNTY SHALL PAY CONTRACTOR THE AMOUNT SO DETERMINED. CONTRACTOR SHALL HONOR PURCHASE ORDERS ACCEPTED ON OR BEFORE THE EFFECTIVE DATE OF TERMINATION. TERMINATION FOR FAILURE TO OPERATE IN ORDINARY COURSE: CONTRACTOR'S STABILITY WAS ANDAS A PRIMARY BASIS FOR ENTERING INTO AND CONTINUING WITH AGREEMENT, THEREFORE, COUNTY MAY TERMINATE ANY AGREEMENT BY THIRTY (30) DAYS WRITTEN NOTICE SHOULD CONTRACTOR FAIL TO CONTINUE TO DO BUSINESS IN THE ORDINARY COURSE. 24.0 -- TERMINATION FOR GRATUITIES: COUNTY MAY, BY WRITTEN NOTICE TO CONTRACTOR, TERMINATE THE RIGHT OF CONTRACTOR TO PROCEED UNDER ANY AGREEMENT UPON TEN (10) DAYS WRITTEN NOTICE, IF IT IS FOUND THAT GRATUITIES IN THE FORM OF ENTERTAINMENT, GIFTS, OR OTHERWISE WERE OFFERED OR GIVEN BY, OR ANY AGENT OR REPRESENTATIVE OF CONTRACTOR, TO ANY OFFICER OR EMPLOYEE OF COUNTY WITH A VIEW TOWARD SECURING A CONTRACT OR SECURING FAVORABLE TREATMENT WITH RESPECT TO THE AWARD OF AMENDING, OR THE MAKING OF ANY DETERMINATIONS WITH RESPECT TO THE PERFORMING, OF SUCH CONTRACT. IN THE EVENT OF SUCH TERMINATION, COUNTY SHALL BE ENTITLED TO PURSUE THE SAME REMEDIES AGAINST CONTRACTOR AS IT COULD PURSUE IN THE EVENT OF DEFAULT BY CONTRACTOR. 25.0 -- TERMINATION OF NON -APPROPRIATION OF FUNDS: THE COUNTY SHALL NOT BE OBLIGATED FOR THE AWARDED CONTRACTOR'S PERFORMANCE HEREUNDER OR BY ANY PROVISION OF ANY AGREEMENT FORMULATED FROM THIS SOLICITATION DURING ANY OF THE COUNTY'S FUTURE FISCAL YEARS UNLESS AND UNTIL THE COUNTY'S BOARD OF SUPERVISORS APPROPRIATES FUNDS FOR SUCH AGREEMENT IN THE COUNTY'S BUDGET FOR EACH SUCH FUTURE FISCAL YEAR. IN THE EVENT THAT FUNDS ARE NOT APPROPRIATED FOR THIS AGREEMENT, THEN THE AGREEMENT SHALL TERMINATE AS OF JUNE 30 OF THE LAST FISCAL YEAR FOR WHICH FUNDS WERE APPROPRIATED. THE COUNTY SHALL NOTIFY THE VENDER IN WRITING OF ANY SUCH NON -ALLOCATION OF FUNDS AT THE EARLIEST POSSIBLE DATE. 26.0--PRICE GUARANTEE: CONTRACTOR AGREES, FOR THE PERIOD OF THREE (3) YEARS THAT OFFERED PRICES SHALL SPECIAL TERMS & CONDITIONS I TERM CONTRACT AWARD CONTRACTNO: MA-IS-1840141-6 I Pale BE FIRM. ANY AND ALL PROPOSED INCREASES MUST BE APPROVED BY THE COUNTY, AND WILL SOLEY BE CONSIDERED UPON THE VENDOR SUBMITTING PROPER DOCUMENTATION SUPPORTING REQUESTED INCREASES. 27.0 -- PRICE INCREASES: ANNUAL INCREASES SHALL NOT BE CONSIDERED IN ACCORDANCE FOR THE INITIAL THREE YEAR TERM. ANY INCREASES REQUESTED FOR DURING THE EXTENSION OPTION MUST BE JUSTIFIED AND APPROVED BY THE COUNTY. 28.0--MOST FAVORED PUBLIC ENTITY: IF PRICES DECLINE, OR SHOULD CONTRACTOR NAME, AT ANY TIME DURING THE TERM OF THEAGREEMENT, PROVIDE THE SAME GOODS OR SERVICES UNDER SIMILAR QUANTITY AND DELIVERY CONDITIONS TO THE STATE OF CALIFORNIA OR ANY COUNTY, MUNICIPALITY, OR DISTRICT OF THE STATE AT PRICES BELOW THOSE SET FORTH IN THE AGREEMENT, THEN SUCH LOWER PRICES SHALL BE IMMEDIATELY EXTENDED TO COUNTY. 29.0 -- PARTICIPATING PUBLIC AGENCIES: COUNTY AND CONTRACTOR AGREE THAT OTHER GOVERNMENTAL ENTITIES, INCLUDING BUT NOT LIMITED TO: STATES, COUNTIES, CITIES, SPECIAL DISTRICTS, POLITICAL SUBDIVISIONS, SCHOOL DISTRICTS, HIGHER EDUCATION, AND OTHER MUNICIPALITIES (PARTICIPATING PUBLIC AGENCIES) MAY PURCHASE PRODUCTS OR SERVICES DEFINED HEREIN ON THE SAME TERMS, CONDITIONS AND PRICING AS THE COUNTY, SUBJECT TO ANY APPLICABLE LOCAL PURCHASING ORDINANCES AND THE LAWS OF THE STATE OF PURCHASE. THE COUNTY SHALL NOT BE CONSTRUED AS A DEALER, RE -MARKETER, REPRESENTATIVE, PARTNER OR AGENT OF ANY TYPE OF THE SUPPLIER. PARTICIPATING PUBLIC AGENCIES SHALL BE RESPONSIBLE FOR THE ORDERING OF PRODUCTS UNDER THIS AGREEMENT. PAYMENT FOR PRODUCTS OR SERVICES AND INSPECTIONS AND ACCEPTANCE OF PRODUCTS OR SERVICES ORDERED BY A PARTICIPATING PUBLIC AGENCY SHALL BE THE EXCLUSIVE OBLIGATION OF SUCH PROCURING PARTY. THE COUNTY SHALL NOT BE OBLIGATED, LIABLE OR RESPONSIBLE FOR ANY ORDER MADE BY ANY PARTICIPATING PUBLIC AGENCY OR ANY EMPLOYEE THEREOF FOR ANY PAYMENT REQUIRED TO BE MADE WITH RESPECT TO SUCH ORDER; AND THAT ANY DISPUTES BETWEEN A PARTICIPATING PUBLIC AGENCY AND THE SUPPLIER ARE NOT THE RESPONSIBILITY OF THE COUNTY. THE EXERCISE OF ANY RIGHTS OR REMEDIES BY THE PARTICIPATING PUBLIC AGENCY OR SUPPLIER SHALL BE THE EXCLUSIVE OBLIGATION OF SUCH PARTY. THE COUNTY MAKES NO REPRESENTATION OR GUARANTY WITH RESPECT TO ANY MINIMUM PURCHASES BY THE COUNTY OR ANY PARTICIPATING PUBLIC AGENCY OR ANY EMPLOYEE THEREOF UNDER THIS AGREEMENT. 30.0 -- NONCONFORMANCE TO CONTRACT CONDITIONS: ANY AND ALL ITEMS OR SERVICES MAY BE TESTED AND/OR INSPECTED FOR COMPLIANCE AGAINST REQUIREMENTS OUTLINED IN THE STATEMENT OF WORK. ITEMS WHICH ARE NOT IN CONFORMANCE WITH STATEMENT OF WORK MAY BE REJECTED AND RETURNED AT THE PROPOSERS EXPENSE. 31.0 --CONTACT INFORMATION: CONTRACTOR CONTACTS: CUSTOMER SERVICE AND TO PLACE ORDERS: NAME: BARRY RICHARDSON EMAIL: brichardson@mesfire.com TELEPHONE: 602-402-3668 EMERGENCY / RUSH ORDERS: NAME: BARRY RICHARDSON EMAIL: brichardson@mesfire.com TELEPHONE: 602-402-3668 SPECIAL TERMS & CONDITIONS I TERM CONTRACT AWARD CONTRACT NO: MA-IS-1840141-6 I P12e DEPARTMENT CONTACTS: PROJECT MANAGER NAME: TIM VANDERLIP EMAIL: Tim.Vanderlip@fire.lacounty.gov TELEPHONE: 805-279-4513 PROJECT MONITOR: NAME: WAI YIN WONG EMAIL: WaiYin.Wong@8re.lacounty.gov TELEPHONE: 323 -83 8-2204 32.0 --CLOTHING CONSTRUCTION: GARMENTS MUST MEET HIGH QUALITY STANDARDS IN CLOTHING CONSTRUCTION. BIDDERS CERTIFY THAT ALL ITEMS ON THIS AGREEMENT SHALL BE FIRST RUN, NEW AND UNUSED GARMENTS. ALL FUNCTIONAL AND DURABLE. FABRICS MUST BE FREE OF FLAWS AND DEFECTS. GARMENTS MUST HAVE AN OVERALL QUALITY APPEARANCE AND BE DURABLE IN CONSTRUCTION. ALL GARMENTS MUST BE OFFERED AS SPECIFIED IN THE SPECIFICATIONS ATTACHED TO THIS SOLICITATION. IN ADDITION, SEWING AND FINISHING'S MUST MEET THE FOLLOWING BASIC CRITERIA: - OVERALL NEATNESS - FINISHED GARMENT MUST BE FREE OF BULKS AND PUCKERING - STITCHING MUST BE A UNIFORM DISTANCE FROM THE EDGE - SEAMS MUST BE FREE OF PUCKERING, SKIPPED OR BROKEN STITCHES - ALL THREADS MUST MATCH AND BE PROPERLY TRIMMED - BUTTONS AND BUTTONHOLES MUST BE FUNCTIONAL, EVENLY SPACED, AND THE CORRECT SIZE TO PROPERLY CLOSE - ZIPPERS MUST BE FUNCTIONAL IN THE CORRECT LENGTH AND FREE OF ANY PUCKERING OR BUCKLING - ALL HEMS MUST BE UNIFORM IN WIDTH, EVENLY FINISHED, AND PROPERLY PRESSED. 33.0 -- NONEXCLUSIVITY: NOTHING HEREIN IS INTENDED NOR SHALL IT BE CONSTRUED AS CREATING ANY EXCLUSIVE ARRANGEMENT WITH CONTRACTOR. 34.0 -- RESERVATION: THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO BID INDIVIDUAL LARGE REQUIREMENTS WHEN DEEMED IN THE BEST INTERESTS OF THE COUNTY. 35.0 -- AUTHORIZATION WARRANTY: CONTRACTOR REPRESENTS AND WARRANTS THAT THE PERSON EXECUTING THIS AGREEMENT FOR CONTRACTOR IS AN AUTHORIZED AGENT WHO HAS ACTUAL AUTHORITY TO BIND CONTRACTOR TO EACH AND EVERY TERM, CONDITION AND OBLIGATION OF THIS AGREEMENT AND THAT ALL REQUIREMENTS OF CONTRACTOR HAVE BEEN FULFILLED TO PROVIDE SUCH ACTUAL AUTHORITY. 36.0 -CONFIDENTIALITY VENDOR SHALL MAINTAIN THE CONFIDENTIALITY OF ALL RECORDS AND INFORMATION OBTAINED IN ITS PERFORMANCE OF THE AGREEMENT AS SUCH RECORDS AND INFORMATION RELATE TO THE NAMES OR ADDRESSES OF COUNTY EMPLOYEES. VENDOR SHALL NOT RELEASE THE NAME OR ADDRESS OF ANY COUNTY EMPLOYEE TO ANY THIRD PARTY WITHOUT THE PRIOR WRITTEN CONSENT OF THE COUNTY OR THE INDIVIDUAL INVOLVED STANDARD TERMS & CONDITIONS I TERM CONTRACT AWARD CONTRACTNO: MA-IS-1840141-6 I P13e The County of Los Angeles accepts your offer to furnish our requirements (and such requirements as may be ordered by cities and /or districts indicated herein) of the listed commodity, or service, as needed, subject to conditions of the stated quotation and as provided herein. All Purchase Agreements, Purchase Orders and Contracts will be deemed to be made and entered into the State of California under the constitution and laws of this state and are to be so construed. PRICE GUARANTEE: Unless otherwise provided herein, prices are maximum for the period of this agreement. In the event of a price decline, or, should you at any time during the life of this agreement sell the same material or service under similar quantity and deliver conditions to the State of California, or legal district thereof, or to any county or Municipality within the State of California at prices below those stated herein, you will immediately extend such lower prices to the County of Los Angeles. ATTENTION: VENDOR/DEPARTMENT - SPECIAL NOTE: County departments are not authorized to use this agreement as a purchasing source for products not specifically covered herein. Changes of items, equipment, or modifications to prices, specifications, or conditions, etc., of this agreement can be made only by the Purchasing Agent by issuance of official amendment and in accordance with properly authorized changes agreed upon prior to consummation. Los Angeles County will not pay for items not listed below that have not been processed in accordance with the above paragraph. Vendor will incur payment problems. County's Quality Assurance Plan. The County or its agent will evaluate Contractor's performance under this agreement on not less than annual basis. Such evaluation will include assessing Contractor's compliance with all contract terms and performance standards. Contractor deficiencies which County's determines are severe or continuing and that may place performance of the agreement in jeopardy if not corrected will be reported to the Board of Supervisors. The report will include improvement/corrective action measures taken by the County and Contractor. If improvement does not occur consistent with the corrective action measures, County may terminate this agreement or impose other penaltiesas specified in this agreement. CONTRACTOR RESPONSIBILITY AND DEBARMENT 1. A responsible Contractor is a Contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the County's policy to conduct business onlywith responsible contractors. 2. The Contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the performance of the contractor on this or other contracts which indicates that the Contractor is not responsible, the County may, in addition to other remedies provided in the contract, debar the Contractor from bidding on County contracts for a specified period of time not to exceed 5 years, and terminate any or all existing contracts the Contractor may have with the County. 3. The County may debar a contractor if the Board of Supervisors finds, in its discretion, that the Contractor has done any of the following: (1) violated any term of a contract with the County, (2) committed any act or omission which negatively reflects on the Contractor's quality, fitness or capacity to perform a contract with the County or any other public entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the County or any other public entity. 4. If there is evidence that the Contractor may be subject to debarment, the Department will notify the Contractor in writing of the evidence which is, the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. 5. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Contractor and/ or the Contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a proposed decision, which shall contain a recommendation regarding whether the contractor should be debarred, and, if so, the appropriate length of time of the debarment. If the Contractor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board,the Contractor may be deemed to have waived all rights of appeal. 6. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny or adopt the proposed decision and recommendation of the Hearing Board. 7. These terms shall also apply to (subcontractors/subconsultants) of County Contractors. STANDARD TERMS & CONDITIONS I TERM CONTRACT AWARD CONTRACTNO: MA-IS-1840141-6 I P14e PROHIBITION AGAINST USE OF CHILD LABOR VENDOR shall: 1. Not knowingly sell or supply to COUNTY any products, goods, supplies or other personal property produced or manufactured in violation of child labor standards set by the International Labor Organizations through its 1973 Convention concerning Minimum Age for Employment. 2. Upon request by COUNTY, identify the country/countries of origin of any products. goods, supplies or other personal property bidder sells or supplies to COUNTY, and 3. Upon request by COUNTY, provide to COUNTY the manufacturer's certification of compliance with all international child labor conventions. Should COUNTY discover that any products, goods, supplies or other personal property sold or supplied by VENDOR to COUNTY are produced in violation of any international child labor conventions, VENDOR shall immediately provide an alternative, compliant source of supply. Failure by VENDOR to comply with the provisions of this clause will be grounds for immediate cancellation of this Purchase Order or termination of this Agreement and award to an alternative vendor. A. Jury Service Program This Contract is subject to the provisions of the County's ordinance entitled Contractor Employee Jury Service ("Jury Service Program") as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code. Should COUNTY discover that any products, goods, supplies or other personal property sold or supplied by VENDOR to COUNTY are produced in violation of any international child labor conventions, VENDOR shall immediately provide an alternative, compliant source of supply. B. Written Employee Jury Service policy 1. Unless Contractor has demonstrated to the County's satisfaction either that Contractor is not a "Contractor" as defined under the Jury Service Program (Section 2.203.020 of the County Code) or that Contractor qualifies for an exception to the Jury Service Program (Section 2.203.070 of the County Code), Contractor shall have and adhere to a written policy that provides that its Employees shall receive from the Contractor, on an annual basis, no less than five days of regular pay for actual jury service. This policy may provide that Employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct from the Employee's regular pay the fees received for jury service. 2. For purposes of this Section, "Contractor" means a person, partnership, corporation or other entity which has a contract with the County or a subcontract with a County contractor and has received or will receive an aggregate sum of $50,000 or more in any 12- month period under one or more County contracts or subcontracts. "Employee" means any California resident who is a full time employee of Contractor. "Full time" means 40 hours or more worked per week, or a lesser number of hours if the lesser number is a recognized industry standard and is approved as such by the County. If Contractor uses any subcontractor to perform services for the County under the Contract, the subcontractor shall also be subject to the provisions of this Section. The provisions of this Section shall be inserted into any such subcontract agreement and a Copy of the Jury Service Program shall be attached to the agreement. STANDARD TERMS & CONDITIONS I TERM CONTRACT AWARD CONTRACT NO: MA-IS-1840141-6 I Page 3. If Contractor is not required to comply with the Jury Service Program when the Contract commences, Contractor shall have a continuing obligation to review the applicability of its "exception status" from the Jury Service Program, and Contractor shall immediately notify County if Contractor at any time either comes within the Jury Service Program's definition of "Contractor" or if Contractor no longer qualifies for an exception to the Program. In either event, Contractor shall immediately implement a written policy consistent with the Jury Service Program. The County may also require, at any time during the Contract and at its sale discretion, that Contractor demonstrate to the county's satisfaction that Contractor either continues to remain outside of the Jury service Program's definition of "Contractor" and/or that Contractor continues to quality for an exception to the Program. 4. Contractor's violation of this Section of the contract may constitute a material breach of the Contract. In the event of such material. breach, County may, in its sole discretion, terminate the Contract and/or bar Contractor from the award of future County contracts for a period of time consistent with the seriousness of the breach. PRICE SPECIFIC CONTRACTS AND PURCHASE ORDERS Vendors are entitled to receive payment for goods received by, or services provided to the county specific to the Contract or Purchase Order price amount. Under no circumstances will those Suppliers, Contractors or Vendors who supply goods or otherwise contract services with the County of Los Angeles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts. Vendors are prohibited from accepting prepayment for goods or services without the express written approval of the County Purchasing Agent. ASSIGNMENT BY CONTRACTOR A. Contractor shall not assign its rights or delegate its duties under the Agreement, or both whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, County consent shall require a written amendment to the Agreement, which is formally approved and executed by the parties. Any payments by county to any approved delegate or assignee on any claim under the Agreement shall be deductible, at County's sole discretion, against the claims which Contractor, may have against county. B. Shareholders, partners, members, or other equity holders of Contractor may transfer, sell exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange. assignment, or divestment is effected in such a way as to give majority control of Contractor to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Agreement, such disposition is an assignment requiring the prior written consent of County in accordance with applicable provisions of this Agreement. C. Any assumption, assignment, delegation, or takeover of any of the Contractor's duties, responsibilities, obligations, or performance of same by any entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without county's express prior written approval, shall be a material breach of the Agreement which may result in the termination of the Agreement. In the event of such termination, County shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor. DEFAULT METHOD OF PAYMENT: DIRECT DEPOSIT OR ELECTRONIC FUNDS TRANSFER (EFT) 1. The County, at its sole discretion, has determined that the most efficient and secure default form of payment for goods and/or services provided under an agreement or contract with the County shall be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by the Auditor -Controller (A-C). 2. The Contractor shall submit a direct deposit authorization request via the website https://directdeposit.lacounty.gov with banking and vendor information, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements. 3. Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or direct deposit shall supersede this requirement with respect to those payments. FEDERAL UNIFORM GUIDELINE CLAUSE By entering into this Contract/Purchase Order, the ContractorNendor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. STANDARD TERMS & CONDITIONS I TERM CONTRACT AWARD CONTRACT NO: MA-IS-1840141-6 I P16e COMPLIANCE WITH COUNTY POLICY OF EQUITY The contractor acknowledges that the County takes its commitment to preserving the dignity and professionalism of the workplace very seriously, as set forth in the County Policy of Equity (CPOE), (https://ceop.lacounty.gov/). The contractor further acknowledges that the County strives to provide a workplace free from discrimination, harassment, retaliation and inappropriate conduct based on a protected characteristic, and which may violate the CPOE. The contractor, its employees and subcontractors acknowledge and certify receipt and understanding of the CPOE. Failure of the contractor, its employees or its subcontractors to uphold the County's expectations of a workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject the contractor to termination of contractual agreements as well as civil liability.