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Home My WebLink About07 REFURB PATROL CARS 03-20-00· ?' AG- :') DA DATE: MARCH 20, 2000 NO. 7 03-20-00 lnter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER STEVE FOSTER, CHIEF OF POLICE RECOMMENDATION- REFURBISH PATROL CARS RECOMMENDATION . That Council authorize the Chief of Police to execute a contract for the refurbishing of six (6) Chevrolet Caprice police vehicles to George Bates Automobile of Upland, California in the approximate amount of $72,000.00. 2. That council authorize a 10 percent overrun for this refurbishment if necessary. FISCAL IMPACT Authorize $72,000 expenditure from our current FY 1999-2000 Police Vehicle Replacement Fund. .~ BACKGROUND The purchase of new police vehicles has become a major expenditure for the City of Tustin. The cost of new police vehicles has increased 67 percent over the last six- (6) years, from $15,550 in 1994 to $26,040 in 1999. Every economic indicator points to the fact that the cost of police vehicles will continue to increase which would push the total cost of a new police vehicle to over $30,000. The Los Angeles County Sheriff's Department recently completed a bid process for the development and successful use of a "Police Vehicle Refurbishing Program" (see attached). Recently, the Brea Police Department has taken advantage of the same refurbishing program instituted by the Los Angeles County Sheriff's Department. TCC Ordinance 871 Section 1624 authorizes City participation per an outside agency bid process, which meets our specifications. The Refurbishing Program allows police departments to reutilize existing police vehicles at a substantially lower cost over the purchase of a new vehicle. After a police unit has William A. Huston, City It,,,.,, ,ager Recommendation- Refurbish Patrol Cars March 20, 2000 Page 2 accumulated over 60,000 miles in service, the vehicle is completely refurbished and returned to the field for an additional service life of 60,000 to 80,000 miles. By utilizing this program, the City of Tustin can in essence double the service life of a vehicle while saving approximately % of the cost of a new police unit. Vehicles selected for refurbishing undergo a complete mechanical, ergonomic and cosmetic renovation. The complete drive train is replaced with a new General Motors engine, transmission and other components. Steering, suspension, brakes and other parts of the vehicle are replaced with original equipment manufacturer parts to insure the integrity, durability and safety of all components utilized in the refurbishing program. The interior of the vehicle is fully renovated with special attention being paid to the condition of the seat and passenger restraint systems. The vehicle body is then refurbished wherein all cosmetic blemishes are removed and a new paint job is applied to the vehicle. During the refurbishing program, all items of communication and emergency equipment are also inspected, cleaned and replaced as necessary. · It is impossible to pinpoint the exact cost of this project due to the age and condition of the six- (6) units being refurbished. Unexpected one-time costs may occur that are not covered by the specifics outlined in the contract. A ten- (10) % contingency authorization is requested to cover these unforeseen costs ($7,200). We anticipate that this refurbishing program wi!.t,, result in a net savings of approximately $84,000 from our current vehicle replacement funds. * Cost of New Vehicles 6 x $26,000 = $156,000 * Cost of Refurbishing 6 x $12,000 = $ 72,000 Approximate Savings = $ 84,000 There is currently only one vender performing such services in the State of California. That vender is George Bates Automotive of Upland, California. STEVE FOSTER Chief of Police SF:FS:mm GEORGE BATES AUTOMOTIVE 1044 WEST 9 TH STREET UPLAND, CA. 91786 ( 909 ) 949-7984 FAX (909) 949-7954 DAVE, ENCLOSED YOU WILL FIND COPY OF SHERII~'S CONTRACT, PICKUP AND DELIVERY FORM, VEHICLE INSPECTION/ADDITIONAL WORK ESTIMATE, AND FINAL INSPECTION SHEET. ALSO I ENCLOSED A SAMPLE ESTIMATE BASED ON THE AVERAGE OF VEHICIJF~ WE THANI~ YOU. HOWARD V. KEITH FACILITY COORDINATOR GEORGE BATES AUTOMOTIVE G~ORGEBATES AUTOMOTIVE REPAIR .DER # SAMPLE 1044 WEST 9Tl:I STREET UPLAND, CA. 91786 Tel.(909)949-7984Fax(909)949-7954 CONTRACT# 71831 P.O. PER: DAVE B.A.R. # AC193619 Customer: Address: City, State: Day Phone: Night Phone: Fax: CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN , CALIFORNIA 92780 714-573-3046 714-730-8027 Date: February 03, 2000 Time: 09:34 AM Service Writer: Service Tech: HOWARD KEITH GEORGE BATES VID: SAMPLE Mileage: SAMPLE Description Part # Qty Price Extended CONTRACT P. O. PER: DAVE KANOTI VEHICLE REFURBISHING PROGRAM 95 CHEVROLET CAPRICE UNIT # SAMPLE STANDARD REFURBISHING REPLACEMENT PARTS ( AS PER EXHIBIT C ) LABOR FOR STANDARD PARTS ON EXHIBIT C ADDITIONAL PARTS. 12528777 22144138 12363335 16761146 26044415 7831240 10168551 12552469 10220594 1O109530 10220593 10196123 20064875 10201491 24507190 25037332 2654011 10247105 10108689 10055726 12337972 17113544 26034742 26010481 26018943 DT-78 COOLANT RESERVOIR WASHER BOTTLE WASHER CAP STEERING WHEEL STEERING COLUMN TILT KNUCKLE INTERMEDIATE SHAFT EXHAUST FLANGE GASKETS EXHAUST GASKETS LEFT AIR DEFLECTOR CENTER AIR DEFLECTOR RIGHT AIR DEFLECTOR HOOD INSULATOR INSULATOR CLIPS OIL SENDING SWITCH OIL LEVEL SWITCH COOLANT SENSOR RUBBER BUMPERS REAR SPRING RUBBERS ENGINE SEALS E.G.R. TO PIPE GASKET E.G.R. GASKET INJECTION O-RING KIT HIGH PRESSURE STEERING HoSE CASE DIFFERENTIAL ABS SENSOR R~G BATTERY ADDITIONAL LABOR REBLriLD STEERING COLUMN 3.0 INSTALL INTERMEDIATE SHAFT .5 INSTALL AIR DEFLECTOR PARTS .5 A/C HOSE REPAIR .85 INSTALL RIGHT TAILLIGHT BULBS 1 6300.75 6300.75 1 2131.80 2131.80 1 42.59 42.59 1 10.33 10.33 1 3.79 3.79 1 176.90 176.90 1 39.98 39.98 1 100.20 100.20 2 5.48 10.96 2 6.87 13.74 1 4.20 4.20 1 8.30 8.30 1 4.20 4.20 1 48.19 48.19 15 0.60 9.00 1 30.20 30.20 1 22.31 22.31 1 22.19 22.19 2 4.25 8.50 4 6.87 27.48 4 4.84' 19.36 1 1.85 1.85 1 1.04 1.04 . 1 10.80 10.80 1 81.79 81.79 1 136.79 136.79 1 6.73 6.73 1 74.67 74.67 45.90 137.70 45.90 22.95 45.9O 22.95 · 45.90 39.02 45.90 22.95 UPHOLSTERY ( DONE ON PER CAR x,..oIS ) FRONT SEAT REUPHOLSTER, REPAIR FOAM REPAIR FRONT DOOR PANELS REUPHOLSTER HEADLINER AND VISORS DYE INSIDE MOLDINGS AND (4) ARMRESTS FLOOR MAT FRONT FRONT DOOR RUBBERS LABOR TO REMOVE AND PAINT C,~GE, INSTALL FRONT FLOOR MAT, CLEAN REAR MAT, AND INSTALL DOOR RUBBERS BODYWORK AND PAINT ( AVERAGE PRICE THIS ALL DEPENDS ON THE BODY WORK NEEDED) 150.00 75.00 125.00 65.00 119.10 39.72 125.00 750.00 300.00 150.00 125.00 65.00 119.10 79.44 125.00 750.00 ,N=O=T=E THIS IS ONLY AN ESTIMATE ALL CARS ARE DIFFERENT AND TOTALS OF REFURB WILL CHANGE FROM VEHICLE TO VEHICLE Labor Total Parts Total 3892.37 7415.38 Sub-Total 11307.75 Parts Tax 7.75% 574.70 Total CONTRACT # 718,3~1 P.O. PER' DAVE REPAIR ORDER # SAMPLE Signature .~ff~-_~- Date ..~--- -~ '"~tgO a Signature /~~,~z/,~~~- ' Date 2./Z/oo $11882.45 Signature Date PATROL VEHICLE REFURBISHING PROGRAM STATEMENT OF WORK 1. EVALUATE EACH VEHICLE - establish condition of current engine and transmission for disposition by the department (include leakdown and/or compression test for engine). - evaluate entire vehicle to include (but not limited to) engine accessories, steering suspension, frame, brakes, a/c, heater, defroster, wipers, etc; roadtest unless vehicle is non-operational or unsafe. Provide initial inspection report, signed and dated. - provide estimate for the recommended additional work not identified in Section 2 - mandatory requirements. 2. STANDARD PARTS REPLACEMENT AND SERVICES. - parts listed will be replaced as specified unless deleted or changed by Sheriff's Fleet Manager or his designee. All labor and associated services to be included in base price. - parts without numbers or suppliers must meet or exceed OEM specifications. OEM equivalents will be determined by the Sheriff's Fleet Manager. Engine Area · Item Description Engine (Warranty: 36 mo.-50k mi.) Intake Manifold Gasket Set Motor Mounts (2) R/H (Primary) Cooling Fan Motor Fan Relay Kit ( if not installed ) Radiator Coolant Flush Coolant- DexCool (2) Oil Filter Adapter Gasket Adapter Seal PCV Valve Distributor (complete) Spark Plug W-~res Spark Plugs-platinum (8) Air Filter Fuel Filter Part No. Supplier 12513O26 GM MS95580 Felpro 459021 GM 22137318 GM 12167644 GM 52472465 GM 12345586 GM 1052753 GM PH5 lA Fram 12551589 GM 10244495 GM FU296 Fram 1104032 GM 700785 Belden APP- 106 Autolite CA6479 Fram G7333 Fram Engine Area - con'd. Belt Tensioner Belt Heater Hose BypassTube Water Pump Oil Cooler Lines Part No. Supplier 12552509 GM KO60642 ' Gates 28604 Gates 12527740 GM 10260341 GM Transmission Area Item Description Transmission (Wart: 36 mo.-50k mi.) Transmission Mount Trans. Line-lower Trans. Line- upper Part No. Supplier 242O193O GM 10269708 GM 10269710 GM 'Differential Rebuilt Differential (Warranty: minimum 36 mo.-36K miles) - new gears, axles, bearings, etc. ( unit does not have positraction) Front Suspension Upper Control Arm Bushings (2 sets) Upper'Balljoints (2) Lower Control Arm Bushings (2 sets) Lower Balljoints (2) Front Springs (2) Front Spring Isolators Front Shock Absorbers (2) Sway Bar Insulators (2) Sway Bar Links (2) K6198 Moog K5208 Moog K6109 Moog K6145 Moog 22078017 GM 15597425 GM 5906ST Monroe K5248 Moog K5252 Moog Steering Idler Ann LWR Arm Bumper Tie Rod Sleeves Outer Tie Rod End Kits (2) Inner Tie Rod End Kits (2) Steering center link K6187 MoOg 10068783 GM ES2004S Moog ES2019RL Moog ES2020RL Moog Rear Suspension Rear Shock Absorbers (2) Upper Control Arm Bushings (2) Upper Control Arms (2) LWR Control Ann Bushing Kit G69724 Gabriel 10000812 GM 12522685 GM 10289786 GM Brakes Item Description Front Brake Rotors(2) Rear Brake Rotors (2) Front Brake Pads Rear Brake Pads Front Seals (2) Miscellaneous a) WiPer Blades Brake Pedal Cover All Fresh Fluids R134 Freon as needed Part No. Supplier 56128 Raybestos 56450 Raybestos SSD614A Raybestos SSD628 Raybestos b) Flush Brake System completely - refill with DOT-3 fluid (ABS compatible) Flush Cooling System- refill as specified Evacuate and recharge A/C as needed Detail Engine Compartment to look like new Align front end Reset odometer to zero and affix decal to door jam as required. Road test vehicle. Provide detailed invoice and final inspection sheet. 3. AS NEEDED SERVICE, REPAIR, AND REPLACEMENT - items to be identified on a per vehicle basis, subject to inspection and approval by L.A.S.D. Examples .:? Alternator, Starter, A/C Compressor, Battery, P/S Pump, P/S Gear, Master Cylinder, Seat Belts, U-Joints, Brake Hoses, Etc. ** Paint, Body Work, Upholstery, Steering Wheel, Floor Mat Replacement, etc. will be done as-needed by another vendor upon completion of the mechanical portion. Notes: Base price quote to include all parts, labor, and related services to perform standard vehicle refurbishing as specified by LASD. - Additional parts costs to be quoted at cost plus %. - Additional labor times not to exceed that allowed by Motor Parts and Time guide. - Additional labor rate to quoted at S/hr. -Misc; '100 units or less, 2-4 per week, no subcontracting without LASD approval. 71831 Los Angeles County SHERIFF'S DEPARTMENT and GEORGE BATES AUTOMOTIVE CONTRACT REFURBISHMENT OF SHERIFF VEHICLES 1998 Los Angeles County SHERIFF'S DEPARTMENT GEORGE BATES AUTOMOTIVE CONTRACT FOR REFURBISHMENT OF SHERIFF VEHICLES TABLE OF CONTENTS PROVISION 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0- Applicable Documents ............................................. Definitions Period of Performance .............................................. Termination ............................................................... Payment'Provisions & Contract Price ....................... Most Favored Public Entity and Additional Agencies Invoices Change Orders Amendments · Non-exclusive Agreement ........................................ Administration - County ............................................ Administration - Contractor Inspection ................................................................ Damage to County Facilities, Buildings or Grounds Employment Eligibility Verification ..... ' ................... Fair Labor Standards ............................................... Hiring of Employees ................................................ Waiver Survival Performance Standards .......................................... PAGE NO. 1 2 2 3 3 4 5 5 5 6 7 7 7 8 8 9 8 8 -i- PROVISION 21.0 22.0 23.0 24.0 25.0 26.0 27.0 28.0 29.0 30.0 31.0 32.0 33.0 34.0 35.0 36.0 37.0 38.0 39.0 40.0 41.0 42.O 43.O Independent Contractor Status ................................ Delegation and Assignment ...................................... Approvals for Subcontracting Work ............................ Governing Law, Jurisdiction and Venue ................... Severability ............................................................... Warranty Against Contingent Fees .......................... Disclosure of Information ......................................... Retention of Business Records and Audits ............. Indemnification ...... .. ................................................. Insurance ................................................................. Proprietary Rights and Confidentiality ..................... Compliance with Applicable Law ............................. Contractor's Warrant of Adherence to County's Child Support Compliance Program ........................ Termination for Breach of Warranty to Maintain Compliance with County's Child Support Compliance Program .............................................. Financial Interest .................................................... Termination for Gratuities ....................................... Termination for Improper Consideration ............ -... Termination for Insolvency ................ , ................... Termination for Default ............................................ Termination for Convenience .................................. Notice of Delays ...................................................... Restrictions on Lobbying ......................................... Consideration of Hiring County Employees Targeted for Lay-offs or Laid-off .............................................. -ii- PAGE NO. 9 9 9 9 10 10 10 11 12 12 13 14 15 15 15 16 16 16 17 18 18 18 19 PROVISION 44.0 45.0 46.0 47.0 48.0 EXHIBITS A B B1 C D E PAGE NO. Consideration of GAIN Program Participants for Employment .............................................................. 19 Non-Discrimination in Employment ........................... 19 Notices Entire Agreement ...................................................... 20 Authorization Warranty ............................................. 20 Signature Page ........................................................ 21 Statement of Work ................................................... 22 Price Sheet. Price Sheet Summary .............................................. 31 Standard Parts Replacement and Services ............. 32 Payment Provision ................................................... 36 Contractor's Performance Standards ....................... 37 -iii- LOS ANGELES COUNTY SHERIFF'S DEPARTMENT REFURBISHMENT OF SHERIFF PATROL VEHICLES AGREEMENT GEORGE BATES AUTOMOTIVE This Agreement is made and entered into this cr-r;I day of 'ki0v;::iTt~'.~" 1998,' by and between the COUNTY OF LOS ANGELES, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and GEORGE BATES AUTOMOTIVE, hereinafter referred to as "CONTRACTOR," with regard to the following recitals: WHEREAS, the Sheriff's Communications and Fleet Management Bureau is charged with the responsibility of providing maintenance for the Los Angeles County Sheriff's Department (hereinafter referred to as "SHERIFF") vehicles; and WHEREAS, the SHERIFF wishes to refurbish existing 1994, 1995, and 1996 Chevrolet Caprice patrol vehicles; and WHEREAS, the COUNTY .does not have the technical staff with the specific skills and expertise necessary to refurbish the patrol vehicles; and WHEREAS, the COUNTY is authorized by the Government Code, Section 31000 to contract for special services, including the services described herein; NOW, THEREFORE, the parties hereto agree as follows: CONTRACT PROVISIONS 1.0 APPLICABLE DOCUMENTS 1.1 Interpretation. This present document, as well as Exhibits A, B, B1, C, D, and E attached hereto and incorporated herein by this reference, form and constitute the Agreement between COUNTY and CONTRACTOR (throughout and hereinafter, the "Agreement"). In the event of any conflict and/or inconsistency in the definition and/or interpretation of any word, responsibility, schedule, and/or the contents and/or description of any task, sUbtask, deliverable, good, service, and/or other work, and/or otherwise, between the body of this present document and the exhibits attached hereto, and/or between or among the exhibits, such conflict and/or inconsistency shall be resolved by Page 1 2.0 giving precedence first to the body of this present document, and then to the exhibits according to the following priority: 1. Exhibit A - Statement of Work 2. Exhibit B - Price Sheet 3. Exhibit B1 - Price Sheet Summary 4. EXHIBIT C - Standard Parts Replacement and Services 5. Exhibit D - Payment Provision 6. Exhibit E - Performance Standards 1.2 Entire Agreement. This Agreement, as defined in Section 1.1 shall constitute the complete and exclusive statement of understanding between the parties, which supersedes any and all previous agreements, written and/or oral, and all communications between the parties, regarding the subject matter of this Agreement. 1.3 Statement of Work. The CONTRACTOR will provide services to the COUNTY as set forth in Exhibit A Statement of Work. DEFINITIONS 3.0 Annual Contract Period Shall mean a one-year time period commencing either upon the date of execution of this Agreement, or upon an a~nniversary thereof.' .Change Order Shall mean the addition or deletion of work to be performed on a specified patrol vehicle. Dayfs). Shall mean calendar day(s) unless otherwise specified. Fiscal Year Shall mean the consecutive twelve (12) month period from July 1 of a given year through June 30 of the following year. PERIOD OF PERFORMANCE 3.1 The term of this Agreement shall commence on the date approved by the Page 2 Board of Supervisors, and shall remain in effect if the parties agree to extend the agreement on a month-to-month basis. 3.2 The Agreement may be extended on a month-to-month basis beyond the three year term for a maximum period of six (6) months. The SHERIFF is delegated the authority to execute the month-to month extensions. The contract shall be terminated by COUNTY and CONTRACTOR through failure of the parties to mutually agree to extend the contract on a month-to-month basis. 3.3 All terms and conditions of this Agreement shall remain in effect if the SHERIFF opts to extend the Agreement on a month-to-month basis. 4.0 TERMINATION 4.1 Except as provided elsewhere in this Agreement, this Agreement may be canceled or terminated in' whole or in part at any time by either party without cause upon the giving of sixty (60) days written notice to the other party. 4.2 in the event this Agreement is terminated prior to the termination date, CONTRACTOR shall fully cooperate with COUNTY to provide for the transition to whatever service replacement method COUNTY determines to be in its best interests. 5.0 PAYMENT PROVISIONS & CONTRACT PRICE '5.1 The CONTRACTOR will be paid for refurbishment services on a per vehicle basis, at the prices agreed to and as specified in Exhibit B, Price Sheet and Exhibit B1, Price Sheet Summary. 5.3 The month-to-month extension periods may be opted for by the Sheriff to complete the refurbishment work for the remainder of the work authorized by this Agreement. 5.4 The prices for refurbishment services set foi'th in the Price Sheet,' Exhibit B, shall remain fixed during the term of the Agreement. Prices for any month-to- month extensions shall be paid at the third year contract rates. 5.5 The SHERIFF may add or delete work to be performed on a vehicle as specified in this Agreement by initiating a Change Order (CO). Should any work be added or deleted, the charges to be increased or decreased, shall be as mutually agreed to in writing between the parties hereto, including second and third contract years, established at the time the CO is initiated. 5.7 There is no representation by COUNTY that any of CONTRACTOR'S Page 3 services will be used or the fUll amount shall be paid during the term of the Agreement. This AGREEMENT allows payment to CONTRACTOR on a per vehicle basis. The number of vehicles to be refurbished is within the sole discretion of the COUNTY. The CONTRACTOR will only be paid for the refurbishment services, parts, and labor as specified in Exhibit B 1, Price Sheet Summary. 6.0 MOST FAVORED PUBLIC ENTITY AND ADDITIONAL AGENCIES 6.1 If CONTRACTOR'S prices decline, or should CONTRACTOR, at any time during the term of this Agreement, 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 this Agreement, for refurbishment services, then such lower prices shall be immediately extended to COUNTY. 6.2 CONTRACTOR shall make base price, terms and conditions of this Agreement available to other governmental or municipal law enforcement agencies for the refurbishment of similar Chevrolet Caprice police vehicles. Required increases or decreases to the base price and additional work to be added or deleted from the Statement of Work, will be negotiated individually between CONTRACTOR and the agency opting to utilize the provisions of this Agreement. 7.0 INVOICES 7.1 CONTRACTOR will submit invoices monthly in arrears for providing the number of vehicles refurbished, or other work agreed to by Change Order, as specified in the Price Schedule, Exhibit B, and approved in writing by the SHERIFF'S Project Manager. 7.2 Each invoice submitted by CONTRACTOR shall include: A. Completed and SHERIFF signed Repair Order a. Date of performance of service being invoiced. Co Agreement number which services were performed. Do Brief description of services performed by vehicle number. Eo Type of services (normally scheduled or outside normally scheduled refurbishment service). Page 4 8.0 CHANGE ORDERS 9.0 8.1 COUNTY reserves the right to initiate changes to any portion of the work required under this Agreement, and to any provisions of this Agreement. All such changes shall be accomplished only as provided in this Provision 9. 8.2 A Change Order shall be prepared and executed by SHERIFF'S Project Manager and CONTRACTOR'S Project Manager for any change which changes the work to be performed as specified in Exhibit C, and does not affect the scope of work, period of performance, payments that exceed yearly and contingency amounts, or any terms or conditions included in this Agreement. AMENDMENTS 10.0 11.0 A negotiated Amendment to this Agreement shall be prepared and executed by the COUNTY Board of Supervisors and CONTRACTOR for any change which affects the scope of work, period of performance beyond contract term, payment provisions or contract price and contingency, or any term or condition included in this Agreement. NON-EXCLUSIVE AGREEMENT This is not an exclusive Agreement. The COUNTY reserves the right to enter into an Agreement with other contractors for the same or similar services. COUNTY does not guarantee or represent that CONTRACTOR will be permitted to perform any minimum amount of work, or receive compensation other than on a per vehicle basis, under the terms of this Agreement. ADMINISTRATION - COUNTY 11.1 SHERIFF PROJECT DIRECTOR A. The SHERIFF'S Project Director for this Agreement is as follows: Robert N. Sedita, Lieutenant Sheriff's Department Fleet Management 1104 North Eastern Avenue Los Angeles, California 90063-3275 Bo SHERIFF Project Director is not authorized to make any changes in any of the terms and conditions of the Agreement and is not authorized to further obligate COUNTY in any respect whatsoever. Page 5 12.0 11.2 SHERIFF'S PROJECT MANAGER Ao SHERIFF'S Project Manager for this Agreement is: Marlin Gorski Sheriff's Department Fleet Management 1104 North Eastern Avenue Los Angeles, California 90063-3275 Bo The authority and responsibilities of the SHERIFF Project Manager are identified in the Statement of Work, Exhibit A. Co SHERIFF Project Manager is not authorized to make any changes in any of the terms and conditions of the Agreement and is not authorized to further obligate COUNTY in any respect whatsoever. Do SHERIFF Project Manager shall advise SHERIFF Project Director as to CONTRACTOR'S performance in areas relating to requirements and technical standards. Bo All non-standard work performed hereunder by CONTRACTOR must meet with the approval of the SHERIFF Project Manager, who shall be responsible for a detailed evaluation of CONTRACTOR'S performance and whose written approval of all invoices submitted is required prior to any payment thereon. F, Invoices submitted by CONTRACTOR for payment must have the written approval of SHERIFF'S I~roject Director prior to any payment thereof. In no event shall cOUNTY be liable or responsible for any payment prior to such written approval. ADMINISTRATION - CONTRACTOR 12.1 ' CONTRACTOR shall appoint a Project Manager for the administration of this Agreement. The Project Manager for the CONTRACTOR is George W. Bates, Owner George Bates Automotive 1820 West 11th Street, Unit B Upland, California 91786-3505 909 949-7984 Fax 909 949-7954 12.2 Responsibilities of CONTRACTOR'S Project Manager are identified in the Statement of Work, Exhibit A. Page 6 13.0 14.0 15.0 INSPECTION SHERIFF'S Project Director, Project Manager, or their designee shall have the right at all times to inspect or otherwise evaluate the work being performed and parts or equipment used by CONTRACTOR. COUNTY reserves the right to reject materials and workmanship found, at COUNTY'S sole discretion, to be unacceptable. CONTRACTOR shall immediately remedy unacceptable workmanship at no expense to COUNTY. DAMAGE TO COUNTY FACILITIES, BUILDINGS OR GROUNDS 14.1 CONTRACTOR shall repair, or cause to be repaired, at its own cost, any and all damage to COUNTY vehicles, facilities,, buildings or grounds caused by the willful or negligent acts of CONTRACTOR or employees or agents of CONTRACTOR. Such repairs shall be made immediately after CONTRACTOR becomes aware of such damage, but in no event later than thirty (30) days after t the occurrence. 14.2 If CONTRACTOR fails to make timely repairs, COUNTY may make any necessary repairs. All costs incurred by COUNTY, as determined by COUNTY, for such repairs shall be repaid by CONTRACTOR by cash payment upon demand or COUNTY may deduct such costs from any amounts due to CONTRACTOR from COUNTY. EMPLOYMENT ELIGIBILITY VERIFICATION 15.1 CONTRACTOR warrants that it fully complies with all Federal statutes and regulations regarding the employment of aliens and others and that all of its employees performing work under this Agreement meet the citizenship or alien status requirements set forth in Federal statues and:*regulations. 15.2 CONTRACTOR shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal statutes and regulations as they currently exist, and as they may be hereafter amended. 15.3 CONTRACTOR shall retain all such documentation for the period prescribed by law. 15.4 CONTRACTOR shall indemnify, defend, and hold harmless COUNTY, its officers, and employees from and against any employer sanctions and any other liability which may be assessed against CONTRACTOR or COUNTY in connections with any alleged violation of an Federal statutes or regulations pertaining to the eligibility for employment of any persons performing work hereunder. page 7 16.0 17.0 18.0 FAIR LABOR Sl MNDARDS CONTRACTOR shall comply with all applicable provisions of the Federal Fair Labor Standards Act, and shall indemnify, defend, and hold harmless COUNTY, its officers, employees and agents from any and all liability, including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys' fees arising under any wage and hour law, including, but not limited to, the Federal Fair Labor Standards Act for Work performed by CONTRACTOR'S employees for which COUNTY may be found jointly or solely liable. HIRING OF EMPLOYEES CONTRACTOR and COUNTY agree that, during the term of this Agreement and for a period of one year thereafter, neither party shall in any way intentionally induce or persuade any employee of one party to become an employee or agent for the other party. WAIVER 19.0 No waiver by COUNTY of any breach of any provision of this Agreement shall constitute a waiver of any other breach or of such provision. Failure of COUNTY to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The rights and remedies set forth in this Provision 19 shall not be exclusive and are in addition to any other rights and remedies provided by law'or under this Agreement. SURVIVAL 20.0 All rights and obligations described in the:Agreement shall survive the expiration or termination of this Agreement. PERFORMANCE STANDARDS 20.1 If defective performance exceeds the standards as stated in Exhibit E Contractor's Performance Standards, the SHERIFF's Project Manager shall give the CONTRACTOR written notice through the issuance of a Contract Discrepancy Report (CDR). The CDR shall contain specific instances of the CONTRACTOR'S failure to adhere to the provision of the contract with respect to the type and quality of the refurbishment services provided, type and quality of parts, invoicing procedures, and work performance specified in Exhibit A, Statement of Work. 20.2 The CONTRACTOR shall re-perform all defective work identified in the CDR and explain in writing what actions will be taken to ensure such deficiency does not recur, or respond in writing as to why the deficiencies cannot be Page 8 corrected within t~- -~. working days of the receipt of" ' ,CDR. 20.3 If the def6 work is not corrected pursuar .his Provision 21, or becomes chronic (tl~ree or more instances), the SHERIFF'S Project Manager may issue financial penalties as specified in Exhibit E, Contractor's Performance Standards, or other remedies as specified in the Agreement, up to and including contract termination. STANDARD CONTRACT PROVISIONS 21.0 INDEPENDENT CONTRACTOR STATUS 21.1 21.2 The Agreement will be by and between COUNTY and CONTRACTOR and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between COUNTY and CONTRACTOR. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. CONTRACTOR shall be solely responsible for providing to, or on behalf of, its employees all legally required employee benefits. COUNTY shall have no liability or responsibility for the payment of any salaries, wages, or other compensation of benefits to any personnel provided by CONTRACTOR. 22.0 21.3 CONTRACTOR understands and agrees that all persons furnishing services to COUNTY pursuant to the contract are, for purposes of worker's compensation liability, the sole responsibility of CONTRACTOR and not the responsibility of COUNTY. CONTRACTOR shall bear the sole liability and responsibility for any and all workers' compensation benefits to any person for injuries:arising from or connected with services performed on behalf of CONTRACTOR. pursuant to this contract. DELEGATION AND ASSIGNMENT 23.0 24.0 CONTRACTOR may not delegate his duties and/or assign his rights hereunder, either in whole or in part, without the prior written 'consent of COUNTY. APPROVALS FOR SUBCONTRACTING WORK No performance of the contract, or any part thereof, shall be subcontracted by CONTRACTOR, without prior written approval of COUNTY, and any subcontract shall be null and void and shall constitute a breach of the terms of the contract. GOVERNING LAW, JURISDICTION AND VENUE This Agreement shall be goVerned by, and construed in accordance with, the laws .of the State of California. CONTRACTOR agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes Page 9 regarding this A action brought California. 'ment and further agrees and Jnder shall be exclusively in th. 'ents that venue of any ¢ounty of Los Angeles, 25.0 SEVERABILITY 26.0 27.0 If any provisions of this Agreement or the application thereof to any person or circumstances is held invalid, the remainder of this Agreement and the application of such Provision to other persons or circumstances shall not be affected thereby. WARRANTY AGAINST CONTINGENT FEES 26.1 CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon any Agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONTRACTOR for the purpose of securing business. 26.2 For breach of this warranty, COUNTY shall have the right to terminate this Agreement and, in its sole discretion, deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. DISCLOSURE OF INFORMATION 27.1 CONTRACTOR shall maintain the confidentiality.of all information, documents, and records pertaining to the work performed on behalf of the SHERIFF, and shall not publish or disseminate any such information to any third party, except as approved in writing by SH:ERIFF'S Project Manager, and as required by law and the terms of the contract. 27.2 In recognizing the CONTRACTOR's need to identify his services and related clients to sustain himself, COUNTY shall not inhibit CONTRACTOR from publicizing his role under the contract within the following conditions: Ao CONTRACTOR shall develop all publicity material in a professional manner. B. During the course of performance of this Agreement, CONTRACTOR shall not publish or disseminate any commercial advertisements, press releases, feature articles, or other materials using the name of COUNTY or SHERIFF without the prior written consent of the SHERIFF or his designee. COUNTY shall not unreasonably withhold written consent and approval by COUNTY may be assumed in the event no adverse comments are received in writing within two (2) weeks after submittal. Page 10 Co CONTRACTOR may, without the prior written consent of COUNTY, indicate in his proposals and sales materials that he has been awarded this Agreement provided the requirements of Provision 27.0 are not infringed. 27.3 During the time that CONTRACTOR is at a SHERIFF'S facility CONTRACTOR is subject to facility rules, regulations, and procedures. CONTRACTOR shall take immediate corrective action upon receipt of written or oral notice that: Ao B. A violation of rule(s) and regulation(s) has occurred; or Such actions while on SHERIFF premises indicate that facility security or the safety of personnel or inmates has been adversely affected. 28.0 RETENTION OF BUSINESS RECORDS AND AUDITS 28.1 CONTRACTOR shall maintain accurate and complete financial records of his activities and operations relating to this Agreement in accordance with generally accepted accounting principles. CONTRACTOR shall also maintain accurate and complete records relating to his performance of this Agreement. CONTRACTOR agrees that COUNTY, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity or records relating to this Agreement. All 'such material, including,' but not 'limited to, all financial records, time cards and other employment records, and proprietary data and information, shall be kept and maintained by CONTRACTOR and shall be made available to COUNTY during the term of this Agreement and for a period of four (4) years thereafter unless COUNTY's written material shall be maintained by CONTRACTOR in a location in Los Angeles County or a county contiguous with the Los Angeles County, provided that if any such material is located outside of Los Angeles County, then at COUNTY's option, CONTRACTOR shall pay COUNTY to examine, audit, excerpt, copy or transcribe such material as such other location. 28.2 In the event that an audit is conducted by CONTRACTOR specifically regarding this Agreement by any federal or state auditor, or by any auditor or accountant employed by CONTRACTOR or otherwise, then CONTRACTOR shall file a copy of such audit report with COUNTY's Auditor Controller within thirty (30) days of CONTRACTOR's receipt thereof, unless otherwise provided by applicable federal or state law or under this Agreement. COUNTY shall make a reasonable effort to maintain the confidentiality of such audit report(s). 28.3 Failure on the part of CONTRACTOR to comply with this Provision 28 shall constitute a material breach of the Agreement for which COUNTY may Page 11 29.0 immediately tern,. _.[e or suspend this Agreement. INDEMNIFICATION 30.0 CONTRACTOR agrees to indemnify, defend, and hold harmless COUNTY and its Special Districts, elected and appointed officers, employees, and agents from and against any and all liability and expense, including defense costs and legal fees, arising from or connected with claims and lawsuits, for damages or workers' compensation benefits relating to CONTRACTOR s operations or its services, which result from bodily injury, death, personal injury, or property damage (including damage to CONTRACTOR's property). COUNTY shall select the attorneys employed to carry out CONTRACTOR'S duty to defend. CONTRACTOR shall not be obligated to indemnify for liability and expense arising from the active negligence of the COUNTY. INSURANCE 30.1 Without limiting CONTRACTOR's indemnification of COUNTY and during the term of this Agreement, CONTRACTOR shall provide and maintain at its own expense the following programs of insurance. Such programs and evidence of insurance shall be satisfactory to the COUNTY and primary to and not contributing with any other insurance maintained by the COUNTY. Certificate(s) or other evidence of coverage and certified copies of additional insured endorsements(s), shall be delivered to Los Angeles Sheriff's Department, 4700 Ramona Boulevard, Monterey Park, California 91754, Attention: Mr. Tom Harwood, Contracts Administration Manager, Room 324 prior to commencing services under this Agreement shall specifically identify_ this Agreement, and shall contain the express condition that COUNTY is to be given written notice by registered mail at least thirty (3) days in advance of any modification or termination of insurance. Failure by Contractor to procure and maintain the required insurance shall constitute a material breach of contract upon which COUNTY may immediately terminate or suspend this Agreement. 30.2 Liability: Such insurance shall be endorsed naming the COUNTY as additionally insured and shall include: Ao General Liability insurance written on a commercial general liability form covering the hazards of premises/operations, contractual, independent contractors, advertising, products/completed operations, broad form property damage, and personal injury with a combine single limit of not less that $1,000,000 per occurrence. o If written with an annual aggregate limit, the policy limit should be three times the above required occurrence limit. Page 12 31.0 , , written on a claims made forn. .,e CONTRACTOR shall be -_ required to provide an extended two year reporting period commencing upon termination or cancellation of this Agreement. Bo Comprehensive Auto Liability endorsed for all owned, non-owned, and hired vehicles with a combined single limit of not less than $1,000,000 per occurrence. Co Workers' Compensation insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with a $1,000,000 limit, covering all persons the CONTRACTOR is legally required to cover. Do Health Insurance CONTRACTOR shall provide and make available during the term of this contract a program of basic health care insurance covering all persons performing work on behalf of CONTRACTOR under this Agreement. Eo Warranty Work CONTRACTOR warrants their ability to comply with Exhibit A, Statement of Work, Sections E.3 and E.4 by maintaining products sold and work completed insurance to cover transportation, parts, and labor required for comeback repairs. PROPRIETARY RIGHTS AND CONFIDENTIALITY 31.1 COUNTY and CONTRACTOR agree that all materials, data and information developed under this AGREEMENT, except ideas, concepts, know-how or techniques specific to :6ONTRACTOR's maintenance of equipment, shall become the sole property of COUNTY, provided that CONTRACTOR may retain possession of all working papers prepared by CONTRACTOR. During and subsequent to the term of this AGREEMENT, COUNTY shall have the right to inspect any and all such working papers, make copies thereof, and use the working papers and the information contained therein. · 31.2 Any materials, data and information not devel°ped under this AGREEMENT, which CONTRACTOR considers to be proprietary and confidential, shall be plainly and prominently marked by CONTRACTOR as "TRADE SECRETS," "PROPRIETARY," or "CONFIDENTIAL." 31.3 COUNTY will use reasonable means to ensure that CONTRACTOR'S proprietary and confidential materials, data and information are safeguarded and held in confidence. COUNTY agrees not to reproduce such materials, data and information without prior written permission of CONTRACTOR. Page 13 31.4 Notv,,.,,standing any other provision of'~n~s AGREEMENT, COUNTY shall not be obligated in any way under this Provision 31 for: ko Any materials, data and information not plainly and prominently marked with restrictive legends as set forth in Provision 31. B. Any materials, data and information covered under Provision 31. C. Any disclosure of any materials, data and information which COUNTY is required to make under the California Public Records Act or otherwise by law. 31.5 In the event COUNTY intends, pursuant to a legal obligation, to disclose any of CONTRACTOR's information which CONTRACTOR has clearly identified to COUNTY as proprietary, confidential, or trade secret, COUNTY shall provide CONTRACTOR with 10 days written notice of such intent, including a full description of such information and of its location, prior to disclosure. 31.6 Except for ideas, concepts, know-how or techniques specifically related to CONTRACTOR's maintenance of computer hardware equipment, CONTRACTOR shall protect the security of and keep confidential all materials, data and information obtained or produced under this Agreement. Further, CONTRACTOR shall use'whatever security measures are necessary.to protect all such materials, data and information from loss, damage, or misappropriation of any cause. 31.7 CONTRACTOR shall not discibse to any person or entity any information identifying, characterizing or relating to any risk, threat, vulnerability, weakness or problem regarding data security in COUNTY's computer systems, or to any safeguard, countermeasure, contingency plan, policy or procedure for data security contemplated or implemented b~ COUNTY, without COUNTY's prior written consent. 31.8 Provision 31 shall survive the expiration or termination of this Agreement. 32.0 COMPLIANCE WITH APPLICABLE LAW 32.1 CONTRACTOR shall comply with all applicable'Federal, State and local laws, rules, regulations, ordinances and directives, and all provisions required thereby to be included in this AGREEMENT are hereby incorporated herein by reference. 32.2 CONTRACTOR shall indemnify and hold harmless COUNTY from and Page 14 33.0 against any ,. .... all liability, damages, costs, ar,,. expenses, including, but not limited to, defense costs and attorney's fees, arising from or related to any violation on the part of CONTRACTOR, its employees, agents or subcontractors of any such laws, rUles, regulations, ordinances or directives. CONTRACTOR'S WARRANT OF ADHERENCE TO COUNTY'S CHILD SuppORT COMPLIANCE PROGRAM 34.0 33.1 CONTRACTOR acknowledges that COUNTY has established a goal of ensuring that all individuals who benefit financially from COUNTY through contract are in compliance with the court-ordered child, family and spousal support obligationS in order to mitigate the economic burden otherwise imposed upon COUNTY and its taxpayers. 33.2 As required by COUNTY'S Child Support Compliance Program (County Code Chapter 2.200) and without limiting CONTRACTOR'S duty under this AGREEMENT to comply with ali applicable provisions of law, CONTRACTOR warrants that it is now in compliance and shall during the term of this AGREEMENT maintain compliance with employment and Wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or District Attorney Notices of Wage and Earnings Assignment for Child or Spousal Support, pursuant to Code of Civil Procedures Section 706.031 and Family Code Section 5246(b). TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM ,:~ 35.0 Failure of CONTRACTOR to maintain compliance with the requirements set forth in CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM, Provision 33, shall constitute a default by CONTRACTOR under this AGREEMENT. Without limiting the rights and remedies available to COUNTY under any other provision of this AGREEMENT, failure to cure such default within 90 days of notice by Los Angeles County District Attorney shall be grounds upon. which the County Board of Supervisors may terminate this AGREEMENT pursuant to TERMINATION FOR DEFAULT, Provision 39. FINANCIAL INTEREST No COUNTY employee whose position in COUNTY enables the employee to influence the award of this AGREEMENT or any competing agreement, and no spouse or economic dependent of such employee shall be employed in any capacity by CONTRACTOR herein, or have any other direct or indirect financial Page 15 interest in this. ,greement. 36.0 TERMINATION FOR GRATUITIES The COUNTY may, by written notice to CONTRACTOR, terminate the right of CONTRACTOR to proceed under the Agreement upon one (1) calendar day's notice, if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by CONTRACTOR, or any officer or employee of the COUNTY with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of such contract; provided that the existence of the facts upon which the COUNTY makes such findings may be reviewed in any competent court. In the event of such termination, the COUNTY shall be entitled to pursue the same remedies against CONTRACTOR as it could pursue in the event of default by CONTRACTOR. 37.0 TERMINATION FOR IMPROPER CONSIDERATION 37.1 COUNTY may, by written notice to CONTRACTOR, immediately terminate the right of CONTRACTOR to proceed under this Agreement if it is found that consideration, in any form, was offered or given by CONTRACTOR, either directly or through an intermediary, to any COUNTY officer, employee, or agent with the intent of securing the Agreement or securing favorable treatment with respect to the award, amendment, or extension of the Agreement or the making of any determinations with respect to the CONTRACTOR's performance pursuant to 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 the CONTRACTOR. 37.2 CONTRACTOR shall immediately report any attempt by a COUNTY officer or employee to solicit such improper consideration. The report shall be made either to the COUNTY manager charged with the supervision of the employee or to the COUNTY Auditor-Controller's Employee Fraud Hotline at (213) 974-0914 or (800) 54.4-6861. Among other items, such improper consideration may take the form of cash, discounts, service, the provision of travel or entertainment, or other tangible gifts. 38.0 TERMINATION FOR INSOLVENCY COUNTY may terminate this Agreement forthwith in the event of the occurrence of any of the following: A. Insolvency of CONTRACTOR. CONTRACTOR shall be deemed to be insolvent if he has ceased to pay his debts for a least 60 days in the Page 16 B, C. D, ordinary c,..., se of business, whether or not ~, ,,etition has been filed under the Federal Bankruptcy Code and whether or not CONTRACTOR is insolvent Within the meaning of such laws. The filing of a voluntary or involuntary petition regarding CONTRACTOR under the Federal Bankruptcy Code. The appointment of a Receiver or Trustee for CONTRACTOR. The execution by CONTRACTOR of a general assignment for the benefit of creditors. 39.0 The rights and remedies of the COUNTY provided in this Provision 40 shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. TERMINATION FOR DEFAULT 39.1 COUNTY may, by written notice to CONTRACTOR, terminate the whole or any part of this Agreement if, in the judgement of the COUNTY: ko CONTRACTOR has materially breached this Agreement as elsewhere provided herein; or Bo CONTRACTOR fails to timely provide and/or satisfactorily perform any-task, deliverable, service, or other work required under this Agreement hereunder; or 0 CONTRACTOR has assigned or delegated his duties or subcontracted any performance of this Agreement without prior written consent by COUNTY as elsewhere provided. 39.2 CONTRACTOR shall not be liable for any excess costs if his failure to perform under this Agreement arises from force majeure, i.e., causes beyond the control and without the fault or negligence of the CONTRACTOR. Such causes include, but are not necessarily limited to: acts of God or of the public enemy, acts of Federal or State Governments in their sovereign capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of the CONTRACTOR. if the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both CONTRACTOR and subcontractor, and without the fault or negligence of either, CONTRACTOR, shall not be liable for any such excess costs for failure to perform, unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient Page 17 40.0 41.0 42.0 time to permit u. ~TRACTOR to meet the requirer~ents. As used in this subparagraph the terms "subcontractor" and "subcontractors" mean subcontractor(s) at any tier. 39.3 If, after COUNTY has given notice of termination under this Provision 39, it is determined by the COUNTY that CONTRACTOR was not in default under these provisions, or that the default was excusable under the provisions, the rights and obligations of the parties shall be the same as if the notice of termination has been issued pursuant to TERMINATION FOR CONVENIENCE, Provision 40. 39.4 The rights and remedies of the COUNTY provided in this Provision 39 are nonexclusive and cumulative. TERMINATION FOR CONVENIENCE 40.1 This Agreement may be terminated when such action is deemed by the COUNTY to be in the best interest. Termination shall be effected by delivery to CONTRACTOR of a notice of termination specifying the date upon which such termination becomes effective, which date shall be no less than thirty (30) days after the notice is sent. 40.2 After receipt of a notice of termination, CONTRACTOR Shall submit his 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 (3) months from the effective date of termination. Upon failure of CONTRACTOR to submit his termination claims and invoice within the time allowed, COUNTY may determine on the basis of information available to COUNTY, the am(~unt 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. NOTICE OF DELAYS Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the time the work is to be performed in this Agreement, that party shall, within five (5) days, give notice thereof, including all relevant information with respect thereto, to the other party. RESTRICTIONS ON LOBBYING 42.1 If any Federal monies are to be used to pay for CONTRACTOR'S services If any Federal monies are to be used 'to pay for CONTRACTOR'S services under Page 18 43.0 this Agreement, C RACTOR shall comply with al ification and disclosure requirements prescrioed by Section 319, Public law lu,-121 (31 United States Code Section 1352) and any implementing regulations, and shall ensure that each of his subcontractors receiving funds provided under this Agreement also fully complies with all such certification and disclosure requirements. 42.2 CONTRACTOR and each COUNTY lobbyist or COUNTY lobbying firm as defined in Los Angeles County Code Section 2.160.010, retained by CONTRACTOR, shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code Chapter 1.160. Failure on the part of CONTRACTOR or any COUNTY lobbyist or COUNTY lobbying firm retained by CONTRACTOR to fully comply with the County Lobbyist Ordinance shall constitute a material breach of this Agreement upon which COUNTY may immediately terminate or suspend this Agreement. CONSIDERATION OF HIRING COUNTY EMPLOYEES TARGETED FOR LAYOFFS OR LAID OFF 44.0 45.0 Should CONTRACTOR require additional or replacement personnel after the effective date of this Agreement to perform the services set forth herein, CONTRACTOR shall give first consideration for such employment openings to qualified permanent COUNTY employees who are targets for layoff or qualified former COUNTY employees who are on a re-employment list during the lift of this Agreement. CONSIDERATION OF GAIN PROGRAM PARTICIPANTS FOR EMPLOYMENT Should CONTRACTOR require additional or replacement personnel after the effective date of the Agreement, CONTRACTOR shall give consideration for any such employment openings or participants in' the COUNTY's Department of Public Social Services' Greater Avenues for Independence (GAIN) Program who meet the CONTRACTOR's minimum qualifications for the open position. The COUNTY will refer GAIN participants by job category to the CONTRACTOR. NON-DISCRIMINATION IN EMPLOYMENT 45.1 CONTRACTOR certifies and agrees that he will deal with his employees, applicants, subcontractors, bidders or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, or physical or mental disability. 45.2 CONTRACTOR shall allow COUNTY representatives access to its employment records during regular business hours to verify compliance with the provisions of this Provision 47 when so requested by COUNTY. 45.3 If COUNTY finds that any of the provisions of this Provision 45 have been violated, such violation shall constitute a material breach of the Agreement upon Page 19 46.0 which COUNTY rr -~rminate or suspend this Agr&. .~nt. COUNTY reserves the right to determine independently that the anti-discrimination provision of this Agreement has been violated, in addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that CONTRACTOR has violated State or Federal anti-discrimination laws or regulations shall constitute a finding by COUNTY that CONTRACTOR has violated the anti-discrimination provisions of this Agreement. 45.4 The parties'agree that in the event CONTRACTOR violates the anti- discrimination provisions of this Agreement, COUNTY shall, at its option, be entitled to the sum of five hundred dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Agreement. NOTICES Any notice required or desired to be given pursuant to this Agreement shall be given in writing and addressed as follows: SHERIFF Barbara E. Persten, Captain Communications and Fleet Management Bureau 1277 North Eastern Avenue Los Angeles, California 90063 CONTRACTOR 47.0 48.0 George Bates Automotive 1820 West 11th Street, Unit B Upland, CA 91786-3505 909 949-7984 Fax 909 949-7954 The address for notice may be changed by giving notice pursuant to this paragraph. ENTIRE AGREEMENT This contract constitutes the entire Agreement between COUNTY and CONTRACTOR and may be modified only by further written Agreement between the parties hereto. AUTHORIZATION WARRANTY Each party represents and warrants that the person executing this Agreement upon its behalf is an authorized official who has actual authority to bind that party to each Page 20 and every term, co ,n and obligations set forth he, ;ONTRACTOR represents and warrants that the person executing the Agreement for CONTRACTOR are authorized agents who have 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. IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement to be subscribed by its Chair and the seal of said Board to be hereto affixed and attested to by the Executive Officer thereof, and CONTRACTOR has caused this Agreement to be executed on its behalf by its duly authorized officer, the day, month and year first above written. ATTEST: JOANNE STURGES Executive Officer-Clerk of Board of Supervisors THE COUNTY OF LOS ANGELES by: 'h,~ir, Board of Supervisors GEORGE BATES AUTOMOTIVE CONTRACTOR '- ---¢ Deputy by: 'Georg~ W. Bates, Owner APPROVED AS TO FORM: LLOYD. W. PELLMAN County Counsel Principal Deputy County Counsel ADOPTED l BOAF, D OF S ~ -" COUNTY OF LOS ANGELES NOV 0 2 998 JOANNE STURGES EXECUTIVE OFFICER Page 21 Ao OBJECTIVES EXHIBIT A STATEMENT OF WORK a. The purpose of this Statement of Work is to define the SHERIFF'S Vehicle Refurbishing Program and the job performance requirements applicable to the services required for refurbishing SHERIFF's police vehicles. WORK TO BE PERFORMED For all services listed in Agreement Exhibit C - Standard Replacement Parts and Services, the following is required' B.1 CONTRACTOR shall develop an initial vehicle inspection/additional work estimate form and a completed vehicle inspection form; submit these forms for approval to the SHERIFF Project Manager. Work will not · commence on any vehicle until the both forms are approved. B.2 CONTRACTOR shall pickup vehicles within (1) business day of being notified by SHERIFF Project Manager. Prior to pickup, vehicles will be jointly inspected and inventoried by CONTRACTOR and SHERIFF personnel in order to establish vehicle body/interior condition and the communications/emergency equipment installed. A majority of the vehicles require towing. All vehicles Will be picked up from and delivered back to Sheriff's Fleet Management, 1104 N Eastern Ave., Los Angeles, Ca. 90063. ' B.3 CONTRACTOR shall evaluate en('~re vehicle in accordance with SHERIFF approved vehicle inspection form and industry/OEM standards. Engine evaluation shall include a leak-down and/or a compression test. Vehicle will be road-tested as part of the evaiuation unless non-operational or. unsafe. - B.4 CONTRACTOR shall provide a detailed written inspection report to SHERIFF Project Manager upon completion of the inspection process. B.5 CONTRACTOR shall provide estimate of Cost and extra time for recommended additional work not identified in Exhibit C - Standard Replacement Parts and Services. The estimate shall list parts, labor (hours and rate), sublet work, and tax. The signed/dated vehicle inspection and estimate forms shall be submitted to SHERIFF Project Manager for approval within (2) business days of receiving a vehicle and prior to beginning refurbish work on each vehicle. SHERIFF Project Page 22 Ce Manager will review and make the determination whether to proceed with refurbishing the vehicle. Vehicles not approved for refurbiShing will be returned to Sheriff's Fleet Management. SHERIFF will be responsible for pickup and delivery charges only, as approved by SHERIFF Project Manager. B.6 CONTRACTOR shall furnish the facility and all necessary supervision, labor, parts, tools, vehicle manuals, and supplies required to refurbish police vehicles as specified by the SHERIFF. No work will be performed on COUNTY facilities. As specified in Exhibit C, CONTRACTOR shall install all listed parts and components, rebuild differential with new parts, perform specified services, and provide additional services and parts as approved by SHERIFF Project Manager. CONTRACTOR shall perform all repairs to comply with the Original Equipment Manufacturer's (OEM) specifications. B.7 SHERIFF Project Manager may delete certain parts replacement in cases where those parts have been either recently replaced or otherwise determined not to require replacement. This will be done on a per vehicle basis..Parts and labor price reductions for those items not replaced shall be agreed to by both parties. Parts price reductions shall be at the bid price for each part as shown on Exhibit B. B.8 CONTRACTOR shall thoroughly inspect and road-test each vehicle as part of CONTRACTOR'S Quality Control Program. CONTRACTOR will deliver refurbished vehicles with detailed invoice, warranties, and completed vehicle inspection form to 1104 N. Eastern Ave., Los Angeles, Ca. 90063. Vehicle will be jointly.re-inspected and inventoried by CONTRACTOR and 'SHERIFF upon delivery. PARTS & INSTALLATION C.1 C.2 C.3 CONTRACTOR shall provide the parts and labor required to refurbish the specified SHERIFF'S vehicles. The specific parts as identified by part number and manufacturer in Exhibit C - Standard Replacement Parts and Services must be utilized in refurbishing SHERIFF Vehicles. Parts without specific numbers or requested exceptions must be pre-approved for use in writing by the SHERIFF Project Manager. Parts installed on SHERIFF vehicles must meet or exceed OEM specifications. OEM equivalents will be determined by SHERIFF Project Manager. Only specific tires and brake linings approved in writing by the SHERIFF Project Director may be installed on SHERIFF vehicles. Any variance Page 23 De E8 relative to tires and brakes must be approved in writing by the SHERIFF Project Director. C.4 CONTRACTOR shall identify all removed parts that are excessively worn, machined below tolerance, or in otherwise poor condition. These parts shall be marked with the vehicle number and original location on the vehicle. All parts removed from vehicles become the property of SHERIFF, until specified by SHERIFF Project Manager. Once notified by the SHERIFF Project Manager, CONTRACTOR becomes responsible for disposal of all parts and material removed from vehicles being refurbished. C.5 SHERIFF, at it's discretion, may opt to retain some used parts for use in maintaining other vehicles in the SHERIFF'S Fleet. CONTRACTOR will bill the SHERIFF the actual parts core charge on the vehicle refurbishing invoice when the SHERIFF retains items such as engines, transmissions, or other parts having a core charge value. PARTS INVENTORY AND AVAILABILITY D.1 CONTRACTOR shall keep in inventory or have readily available all parts necessary to refurbish SHERIFF vehicles as specified and within the contractual timeframes. D.2 In the event a CONTRACTOR finds it necessary t'o purchase parts from a less competitive source than originally anticipated, CONTRACTOR will bear all such costs related to the resolution of the additional cost of such parts. RESPONSE, TURNAROUND TIME, COMEBACK REPAIR CONTRACTOR response, turnaround time, and comeback repair requirements are as follows: E.1 E.2 CONTRACTOR shall respond to the SHERIFF Project Manager's request to pickup vehicles within 24 hours. CONTRACTOR shall complete the refurbishing for each vehicle within seven (7) business daYs of the SHERIFF'S written or faxed authorization to proceed. The standard refurbishing requirements, approved additional work and sublet work are to be completed within the seven (7) day period, unless additional time is authorized in writing by the SHERIFF Project Manager. SHERIFF projects an average volume of three (3) to four (4) vehicles per week. COUNTY does not guarantee any specific quantity of vehicles or average volume. County reserves the right to cancel the Page 24 Fe Si refurbishing program at any time and at sole d~scretion of the SHERIFF Project Director. E.3 Should material, parts, or workmanship fail within the warranty period, CONTRACTOR shall respond to comeback/rework notification within 24 hours. Vehicle out of service time for comebacks/rework shall not exceed two (2) business days from time of notification; unless authorized in writing by SHERIFF Project Manager. E.4 CONTRACTOR shall incur all expenses, including transportation, for comeback repairs. CHANGE ORDERS (CO's) SHERIFF reserves the right to modify or change refurbishing program requirements at any time throughout the life of this contract. F.1 Change Orders may be issued to add or delete parts and/or services in the program. The increase or decrease in pricing for these change orders will be negotiated between the CONTRACTOR and SHERIFF Project Manager. F.2 Labor hours for Change Orders shall not exceed time allowances in the Motor's Parts and Time' Guide. F.3 In no event shall price increases due to Change Orders cause the contract price to exceed the yearly amount, including a 7% contingency, approved by the Board of Superv!..~orS. Increases above the yearly contract price and 7% contingendy require approval by the Board of Supervisors. F.4 All Change Orders and price adjustments must be approved by the SHERIFF Project Director.. QUALITY CONTROL G.1 CONTRACTOR' shall provide the written Quality Control Plan to SHERIFF Project Manager within five days of contract approval. CONTRACTOR'S Project Manager shall review plan and recommend changes as needed by Sheriff's Department. CONTRACTOR shall indicate changes in its plan within five days of receipt. G.2 The CONTRACTOR'S Statement of Work must define the. Proposer's acceptance of responsibility/quality control for all work performed in the refurbishing program. The CONTRACTOR shall establish and maintain a Page 25 Je U,, Quality Control Plan that ensures all work is performed correctly, that vehicles are in a safe condition when refurbishing is completed, and that all requirements of the contract are being met. The CONTRACTOR'S Quality Control Plan must be approved by SHERIFF Project Manager. TEST AND DIAGNOSTIC TOOLS The Proposer shall possess electronic scanning tool equipment to identify, correct, and clear trouble codes and various other vehicle computer readouts on the engine and ABS control modules. H.1 Discuss the capability to sublet diagnostic testing for determination and resolution of mechanical, electriCal and/or emission equipment problems that the CONTRACTOR is unable to expediently diagnose and repair. SECURITY OF VEHICLES AND EQUIPMENT 1.1 CONTRACTOR shall be responsible for vehicles and equipment accepted for evaluation and repair. Responsibility entails ensuring reasonable steps are taken to secure vehicles and equipment from theft or vandalism. 1.2 CONTRACTOR must inspect all vehicles at time of pickup for Traffic Accident Damage and for missing communications and/or emergency equipment. If any equipment is found to be missing and is not listed on the pickup inspection form, CONTRACTOR shall be held responsible for' repair and/or replacement of damaged/missing communications and emergency equipment. 1.3 Incidents of theft or vandalism to SHERIFF vehicles and equipment in CONTRACTOR'S care must be reported to SHERIFF'S Project Director immediately and CONTRACTOR shall notify and report theft/vandalism to local law enforcement. !.4 CONTRACTOR may be held liable for the replacement/repair of vehicles and equipment damaged while under the control of the CONTRACTOR. TRAINING AND EXPERIENCE Proposers must address in detail the following training and experience requirement: CONTRACTOR shall utilize qualified automotive mechanics with a minimum of two (2) years automotive mechanical experience for this project. CONTRACTOR at its sole expense, shall provide any necessary training for its personnel to perform vehicle refurbishing services for this project. Page 26 K. CONTRACTOR -SPONSIBILITIES K.1 CONTRACTOR shall, at it's sole expense, maintain an office within the COUNTY, or a County contiguous to Los Angeles County. CONTRACTOR's Project Manager shall be located in this office and shall be available to answer calls from SHERIFF Project Manager directly, by page or by cellular phone. K.2 CONTRACTOR shall invoice additional charges only as set forth in Exhibit B - Price Sheet; provided, however, that ali such additional work and services has been approved by SHERIFF Project Director. K.3 CONTRACTOR shall maintain, at its sole cost and expense, a telephone number at which CONTRACTOR employee shall receive and respond to COUNTY inquiries, notifications, and requests. CONTRACTOR shall be available between 8:00 a.m. and 5:00 p.m. Monday through Friday, except COUNTY recognized holidays. A list of COUNTY holidays will be provided to CONTRACTOR by SHERIFF Project Manager. K.4 CONTRACTOR shall be responsible for removing and replacing within (24) hours any CONTRACTOR employee performing services hereunder, when reasonably requested to do so. L. PROJECT COORDINATION COUNTY shall name a SHERIFF Project Director who will be responsible for the overall Refurbishing Program, and a Project Manager to coordinate the services to be provided by the CONTRACTOR. CONTRACTOR shall name a Project Manager who will coordinate all phases of the vehicle refurbishing with the SHERIFF's Project Manager. CONTRACTOR's Project Manager shall be a full- time employee of CONTRACTOR. M. WORKSITE ACCESS During the term of the AGREEMENT, COUNTY will be provided access to CONTRACTOR work sites during regular business hours. Should COUNTY require access at other times, COUNTY must notify the CONTRACTOR'S Project Manager or designated representative at least (24) hours in advance. The advance notice may be waived at the sole discretion of CONTRACTOR'S Project Manager or designated representative. N. REQUIRED RECORDS CONTRACTOR shall maintain complete vehicle refurbishing records. CONTRACTOR shall furnish to COUNTY a copy of any or all of these records as Page 27 requested by g. _RIFF Project Manager. The mi~,,,num records to be originated and maintained by the CONTRACTOR are as follows: N1. Data for each SHERIFF vehicle received by CONTRACTOR for inspection shall be maintained and include: · County Vehicle Number · Manufacturer's Vehicle Identification Number (VIN) · Year · Make · Model · Color · Odometer reading · Date received · Date inspected N2. Data for each SHERIFF vehicle refurbished by CONTRACTOR shall be included on the Repair Order as follows: Refurbishing start and completion dates Detail record of all refurbish and repair work completed Ail sublet work Ali parts, including parts numbers and costs N3. Data for comebacks: Oe Date of comeback Vehicle descriptions, including all of the information identified in N 1 above Reason for comeback N4. Copies of all inspections, estimates, repair orders, sublet invoices, and quality control records will be maintained for a maximum of seven years. WARRANTY OF PARTS, EQUIPMENT AND LABOR Warranties of parts, equipment and labor will be as follows: O.1 CONTRACTOR warrants that all tasks, goods, services, and other work performed hereunder will be performed in a timely and workmanlike manner, using only qualified and trained automotive technicians, totally familiar with the vehicles and their technical and mechanical requirements; and that all tasks, goods, services'and other work provided shall conform to the standards generally observed in the industry for the same or similar tasks, goods, services and other work. Page 28 0.2 CONTRACTOR shall provide certified General Motors warranties for the engine and transmission of no less than 36 months or 50,000 miles, whichever comes first. These warranties shall be honored at any authorized General Motors dealer. 0.3 CONTRACTOR shall warranty the rebuilt differential assembly for 36 months or 50,000 miles, whichever comes first. In addition, CONTRACTOR shall warranty all other parts and labor, including sublet work, for no less than 12 months or 12,000 miles, whichever comes first. CONTRACTOR shall be sole point of contact for all warranty repair, including the General Motors engine,transmission, and sublet work. 0.4 CONTRACTOR shall promptly and thoroughly correct any and all defects, errors or omissions in the tasks, goods, services and other work provided pursuant to this AGREEMENT. The correction of all such defects, efforts or omissions shall be at no cost to COUNTY. P. SUBLET WORK AND PAYMENT PROVISIONS P.1 SHERIFF reserves the right t(~ approve all sublet work. P.2 The chargeable labor rate for additional work, outside the standard requirements prescribed in this Statement of Work, shall be fixed at the prices identified in Exhibit B, additional Work Price Sheet. Chargeable labor hours shall not exceed time allowances in Motor's Parts and Time Guide. P3 Travel time for pickup and delivery, sublet work, and roadtesting is included in the base price and will not be reimbursed to the CONTRACTOR by the COUNTY. P.4 In all cases where CONTRACTOR has additional work, it shall not exceed time alloWances in the Motor's Parts and Time guide. Parts cost may not exceed CONTRACTOR'S invoice plus 6%.' Page 29 EXHIBIT B PRICE SHEET SERVICE FOR: SERVICE: LOS ANGELES COUNTY SHERIFF'S DEPARTMENT COMMUNICATIONS AND FLEET MANAGEMENT BUREAU REFURBISHMENT OF SHERIFF VEHICLES Price Sheet Detail. See Exhibit B1 The proposed prices for the work to be performed for this project must be filled out on Exhibit B1, no other price presentation format will be accepted. The prices are to be based on the parts and services as described in Exhibit C- Standard Replacement Parts end. Services only. CONTRACT PRICE INCLUDES ALL SERVICES SPECIFIED IN THE REQUEST FOR PROPOSAL AND STATEMENT OF WORK, AS INCORPORATED HEREIN BY REFERENCE. CONTEACTOR NAME: ADDRESS: GEORGE BATES AUTOMOTIVE 1820 West 11"' Street, Unit B Upland, CA 91786-3505 TELEPHONE: 909 949-7984' CONTRACTOR or AUTHORIZED AGENT (If applicable) GEORGE W. BATES.~.n r:... ::~ SIGNATURE: ,, ~'~?";;':,_2" ~:(:-'""~ ?~~ signifying acceptance of all terms and conditions in the AgreemenI~ the prices speci-~h'ed in Exhibit B.1, Price Sheet Summary. Page 30 EXHIBIT B1 PRICE SHEET SUMMARY BASE PRICE PER VEHICLE: Based on all parts, labor and services specified in Exhibit C. Year 1 Year 2 Year 3 $ 6,300.76 $ 6,424.30 $ 2,131.80 $ 2,173.60 $ 8,432.56 $ 8,597.90 Total parts $ 6,177.22 Total labor $ 2,090.00 TOTAL BASE PRICE $ 8,267.22 ADDITIONAL AND AS NEEDED SERVICE These services may be requested at the discretion and approval of the Sheriff only. The additional per unit cost is to be determined by the part price and labor charges. The cost for the second contract year may increase to a maximum of 2% over the first year. The cost for the third contract year may increase to a maximum of 4% over the first year. Any month-to-month extensions will be paid at the same rate as the term the month-to-month option is exercised in. CompOnent Parts Labor 1't Year 2~ Year 3'~ Year Cost Cost Cost Alternator $119.89 $ No Charge $119.89 $122.28 $124.68 Starter $171.60 $ No Charge $171.60 $175.03 $178.46 A/C Compressor $ 242.20 $ No Charge $ 242.20 $ 247.04 $ 251.88 Battery $ 065.95 $ No Charge $ 065.95 $ 067.26 $ 068.58 PIS Pump $104.10 $ No CHarge $104.10 $106.18 $108.26 P/S Steering Gear $ 252.20 $ 45.00 $ 297.20 $ 303.14 $ 309.08 Master Cylinder $191.40 $ 45.00 $ 236.40 $ 241.12 $ 245.85 U-Joints $ 038.40 $ 28.00 $ 066.40 $ 067.72 $ 069.05 Brake hoses $ 029.59 $ 28.00 $ 057.59 $ 058.74 $ 059.89 Hourly labor rate for additional parts installed as specified by SHERIFF Project Manager XXXXXX $ 45.00 $ 45.00 $ 45.90 $ 46.80 Other services or parts may be requested at the sole discretion of the SHERIFF Project Manager. Parts and service specifications will be provided at the time of the request. The price for such added services or parts will be agreed to by both parties. An estimate of will be prepared based on the agreed to price and submitted to the SHERIFF Project Manager for approval and signature prior to the work being performed. Additional work will not be performed unless specifically authorized by Page 31 EXHIBIT C STANDARD PARTS REPLACEMENT AND SERVICES The parts listed in this Exhibit C will be replaced as specified unless deleted or changed by SHERIFF'S Project Director or Project Manager or designee. All labor and associated services are to be included in the base price. Parts without numbers or suppliers must meet or exceed OEM specifications. OEM equivalents will be reviewed and approved by the SHERIFF'S Project Director or Project Manager or designee. BASE SERVICE / STANDARD PARTS REPLACEMENT AND SERVICE:: COMPONENT AND ITEM DESCRIPTION ENGINE 5.7 Liter Engine for 1994 and 1995 Caprice police models (Warranty: 36 mo - 50 K miles); OR 5.7 Liter Engine for 1996 Caprice police model (Warranty: 36 mo - 50K miles) Intake Manifold Gasket Set Motor Mounts (2) R/H (Primary) Cooling Fan Motor Radiator Coolant flush Coolant-DexCool(2) Oil Filter Adapter Gasket Adapter Seal PCV Valve Distributor (complete) Spark Plug Wires Spark Plugs-platinum (8). Air Filter PART NO. 12513026 12533599 MS95580 459021 22137318 52472465 12345586 1O52753 PH51A 12551589 1O244495 FU296 1104032 12096437 APP-106 CA6479 Fuel Filter Belt Tensioner Bearing G7333 203FF SUPPLIER GM GM Feipro GM GM GM GM GM Fram GM GM Fram GM GM Autolite Fram. Fram BCA Page 32 COMPONEN't ..,~ID ITEM DESCRIPTION , ,-,RT NO. I SUPPLIER Serpentine Belt K060642 Gates Heater Hose Bypass tube 28604 Gates Water Pump 12527740 GM Oil Cooler Lines 10260341 GM TRANSMISSION Transmission (Warranty: 36 mol-50k miles) 24201930 GM Transmission Mount Transmission Line - lower 10269708 GM Transmission Line - upper 10269710 GM DIFFERENTIAL Rebuilt differential (Warranty: minimum 36 mo.-50 K miles) with new: · ring and pinon · spider gears · bearings · seals · axles · studs (Unit does not have positraction) FRONT SUSPENSION Upper Control Arm Bushings (2 sets) ~'~ K6198 Moog Upper Balljoints (2) K5208 Moog Lower Control Arm Bushings (2 sets) K6109 Moog Lower Balijoints (2) K6145 Moog , Front Springs (2) 22078017 GM Fro. nt Spring Isolators 15597425 GM Front Shock Absorbers (2) 5906ST Monroe Sway Bar Insulators (2) K5248 Moog Sway Bar Links (2) K5252 Moog STEERING Page 33 -___ COMPONENr-,~ND ITEM DESCRIPTION 'pART NO. SUPPLIER Idler Arm K6187 Moog LWR Arm Bumper 10068783 GM Tie Rod Sleeves ES2004S Moog Outer Tie Rod End Kits (2) ES2019RL Moog Inner Tie Rod End Kits (2) ES2020RL Moog Stee....~ring Center Link B5899 Moog REAR SUSPENSION Rear Shock Absorbers (2) G69724 Gabriel Upper Control Arm Bushings (2) 10000812 GM Upper Control Arms (2) 12522685 GM LWR Control Arm bushing Kit 10289786 GM BRAKES Front Brake Rotors (2) 56128 Raybestos Rear Brake Rotors (2) 56450 Raybestos Front Brake Pads 6144A Performance ------ Friction Rear Brake Pads 6284 Performance Friction Front Seals (2) MISCELLANEOUS A. Miscellaneous Parts · Wiper blades · Brake pedal cover · All fresh fluids · R134 Freon as needed · New lug nuts (20) o Page 34 · COMPONEN'I · .,~I'D ITEM DESCRIPTION I , ,-~RT NO. SUPPLIER B. Standard Miscellaneous Services · Flush brake system completely-refill with DOT- 3 fluid (ABS compatible) · Flush cooling system - refill as specified · Clean (steam or pressure wash) engine compartment, under carriage, differential and control arms · Detail, paint, and seal cleaned areas and engine compartment components to look like new · Perform four-wheel front end alignment · Flush power steering system and refill · Reset odometer to zero and affix decal to door jam as required · Road test vehicle · Provide detailed invoice and final inspection sheet · Evacuate and recharge NC as needed · Pick-up and deliver vehicle to Sheriff's Fleet Management AS NEEDED PARTS AND SERVICES As determined by the SHERIFF, the following items may be added on a per vehicle basis, sUbject to inspection and approval by the SHERIFF Project Director or designee. Service or Parts Exchange to be Completed Part No. Supplier Alternator ' ''~ 1O463338 GM Starter 10465143 GM NC Compressor 1136535 GM P/S Pump 26055706 GM P/S Steering Gear 26041012 GM Master Cylinder 18029971 GM U-Joints 26042371 GM Brake hose 22111976 GM Other serviCes or parts may be requested at the sole discretion of the SHERIFF: parts and service specifications will be provided at the time of the request. The price for such added services or parts will be agreed to by both parties. Page 35 EXHIBIT D PAYMENT PROVISION INVOICES, CHARGES FOR SERVICE AND PAYMENTS: Charges for services provided during the term of this AGREEMENT shall be invoiced thirty (30) days in arrears. CONTRACTOR shall submit an original and one copy of the invoice addressed as shown below for the applicable billing period and only for providing COUNTY authorized and COUNTY approved tasks, services and all other work required hereunder. Lt. Robert N. Sedita Sheriff's Fleet Management Los Angeles County Sheriff's Department 1104 North Eastern Avenue Los Angeles, California 90036 CONTRACTOR shall prepare invoices with content and format as provided below: Ao D. COUNTY's Agreement Number; Beginning and ending dates of the billing period; Total charges for all services, including applicable sales tax, provided under this AGREEMENT during the billing period; and COUNTY'S Vehicle identification number Manufacturer's Vehicle Identification Number (VIN) Copy of Repair Order for each vehicle, including: - Parts - Labor - Tax - Sublet work All invoices submitted by CONTRACTOR for payment must receive the written approval of SHERIFF'S Project Director prior to any payment. Approval for payment will be given promptly for accepted work, and, in the absence of irregularities, payment should be made no later than thirty (30) days following receipt of invoice. COUNTY shall not be responsible for invoice payments if any invoice is received later than sixty (60) days after the date of service. I agree to the payment provisions described herein Signed by: George W. Bates, ~Dwner Date Page 36