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HomeMy WebLinkAbout17-Fire Department CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTIORIGINAL_ From: Michael J. Conrad, Fire Chief Subject: Resolution authorizing the execution of an agreement and issuance of a purchase order to Mallory Fire in the amount of$31,600 for the new Dept: Fire generation Fire Shelters and rescinding Resolution 2009-293. Date: November 30, 2009 MC/C Meeting Date: December 7, 2009 Synopsis of Previous Council Action: 08/17/09 Resolution 92009-293 authorizing the execution of an agreement and issuance of a purchase order to Allstar Fire Equipment in the amount of $34,489.25 for the new generation Fire Shelters. 03/16/09 Resolution#2009-59 authorizing the City Manager or his designee to accept and administer the 2008 Assistance to Firefighters grant awarded by the Department of Homeland Security. 04/21/08 Resolution#2008-129 authorizing the Fire Department to apply for the 2008 Assistance to Firefighters grant submitted to the Department of Homeland Security. RECOMMENDATION: Adopt resolution. Signature Contact Person: Michael J. Conrad, Fire Chief Phone: (909) 384-5286 Supporting data attached: Staff Report, Resolution, and Agreement Ward: Citywide FUNDING REQUIREMENTS: Amount: $31,600.00 Source: (Acct. No.) 123-846-5112 (Acct Descr.) Federal & State Program-2008 Assistance to Firefighters grant Finance: Council Notes: zese '�,200 9 564 Agenda Item No. now- STAFF REPORT SUBJECT Resolution authorizing the execution of an agreement and issuance of a purchase order to Mallory Fire in the amount of $31,600 for the new generation fire shelters and rescinding Resolution 2009-293. BACKGROUND On August 17, 2009, the Mayor and Common Council authorized the execution of a purchase agreement and the issuance of a purchase order to Allstar Fire Equipment in the amount of $34,489.25 for 100 large and 21 regular fire shelters. Routine purchase order number 303039 was issued to Allstar Fire Equipment based on the information received under Request for Quote (RFQ) #F 09-19 for new generation fire shelters. The Fire Department contacted Allstar Fire Equipment to place an order for 100 large fire shelters. During this process, Allstar Fire Equipment questioned the total amount issued for these large fire shelters. The company representative asked if the award amount was the sub- total of the order, as it did not appear to include the required nine percent sales tax. In researching this issue, the Purchasing Division reviewed the bid response and verified that the price sheet and addendum #1 provided by Allstar Fire did include the sales tax on the regular size shelters but not on the large ones. Unfortunately, after performing an analysis, the company determined that it is not financially possible to honor the unit cost that had been bid for the large shelters. The Allstar Fire Equipment representatives understand that, given these circumstances, the City must reject their bid and award the contract to the another company that provided a lower bid. With this correction, Mallory Fire becomes the lowest bid vendor. The Purchasing Division has confirmed that Mallory Fire has agreed to extend their quote and price. Mallory has agreed to their unit price with sales tax based on the quote submitted under RFQ F-09-19. Pursuant to the City's bidding process, it is recommended that the City reject the bid from Allstar and cancel purchase order 303039 and award a new purchase order to Mallory Fire for 100 large fire shelters under RFQ 9F-09-19. Thus, the Fire Department is requesting the authorization to enter into a new purchase agreement and the issuance of a purchase order to Mallory Fire in the amount of$31,600 for 100 large fire shelters. A separate process with the grantor will follow concerning the 21 regular fire shelters. FINANCIAL IMPACT The total dollar amount to be awarded to Mallory Fire for the new generation Fire Shelters is not-to-exceed $31, 600. Funding is budgeted under the 2008 Assistance to Firefighters grant account 9123-846-5112 for the procurement of the equipment. RECOMMENDATION Adopt resolution. 1 i N N N O O O 06 11J <- H' In L(i UC Lu Z (� N N N CY) co M p Z z d 3r () Cn Z O =z: V. z /�4t< :. � �i f; � --1 c7 N N c7 ch Ch z r U W U U r Z_ Q Q N ti O N z YA 0) O � O !� Q � Q Q cfl cfl o rn Q N N N M N CO z Lu p F- " J WU Z ?� W ¢ Q © W O LL U3 O 't qt a= N C6 N N 4CO <0 r r Clf N N N m M C'7 r;ti Q U Q u z a� C/) CA J Q >�T,t'Y O CZ L3 � 2 CV C CV C'? C`� CD > O LL 3 C C'") M Cn C LL t 00 W 04 CL 41 u�n'3 C C� { rr O M L? ^ O C C Z O O N ` C c O (Y1r 7 , rC L * O N O C a QC1 L Q O w O CO U) } > CL ! 3 .L N N w N W w n 0 W w Q w F- — c C o rtt h- — l_ o a) � 0 -a Z o in O CCD C7 N ° � � � O C a Z ? 75 can ail o LO c� o �O O O LLt',Q; N -� r N J J O Attachment "A" PURCHASE AGREEMENT This Purchase Agreement is entered into this day of , by and between Mallory Fire ("Vendor") and the City of San Bernardino ("City" or"San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the City to contract for the purchase of new generation fire shelters; and WHEREAS,the City of San Bernardino did solicit and accept quotes from available Vendors for the purchase of fire shelters. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages Vendor to provide 100 large new generation fire shelters as set forth in Request for Quote #F 09-19, attached hereto and incorporated herein as Exhibit"A.". 2. COMPENSATION AND EXPENSES. a. For the products and/or services delineated above, the City, upon presentation of an invoice, shall pay the Vendor$316.00 per fire shelter,up to the amount of $31,600.00 for 100 fire shelters. b. No other expenditures made by Vendor shall be reimbursed by City. 3. TERM; TERMINATION. This purchase shall be completed within sixty (60) days. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. 4. WARRANTY Vendor expressly warrants that all products and services supplied to City by Vendor under this Agreement shall conform to the specifications, drawings or other description upon which this PURCHASE is based, shall be fit and sufficient for the purpose intended, merchantable, of good material and workmanship, free from defects and free and clear of all liens or encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect Vendor's obligations under this warranty, and such warranty shall survive inspection, testing, acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or services not conforming to the foregoing warranty without expense to the City, when notified of such non-conformity by City. If Vendor fails to correct the defects in or replace non-conforming goods or services promptly, City may, after reasonable notice to Vendor, make such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for purposes of this section shall not be deemed to require more than 60 calendars days notice before commencement of efforts by the City to effect cover or a cure except upon written agreement of the Parties. 4.5. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 6. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, Vendor shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$1,000,000.00 combined single limit, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the City shall require the insurer to notify City of any change or termination in the policy. 7. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, Vendor shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. Vendor warrants that it possesses or shall obtain, and maintain a business registration certificate as required under Chapter 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of Vendor to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: San Bernardino City Fire Department 200 East Third Street San Bernardino, CA 92410 Attention: Fire Chief Telephone: (909) 384-5286 i TO THE VENDOR: Mallory Fire 236 W. Orange Show Rd#103 San Bernardino CA 92408 Attention: Matt Cassidy Telephone: (909) 383-0147 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. Vendor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the Vendor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Vendor of Vendor's obligation to perform all other obligations to be performed by Vendor hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or PURCHASE AGREEMENT MALLORY FIRE/CITY OF SAN BERNARDINO enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2009 MALLORY FIRE By: Its: Dated , 2009 CITY OF SAN BERNARDINO By: Charles McNeely, City Manager Approved as to Form: James F. Penman, City Attorney By: E RESOLUTION NO. Dy ,1 MF 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO MALLORY FIRE IN THE 3 AMOUNT OF $31,600 FOR THE NEW GENERATION FIRE SHELTERS AND RESCINDING RESOLUTION 2009-293. 4 5 WHEREAS, the Mayor and Common Council previously adopted Resolution #2009- 6 ?93, approving the execution of an agreement and issuance of a purchase order to Allstar Fire 7 g Equipment in the amount of$34,489.25 for 100 large and 21 regular size new generation fire 9 shelters-, and, 10 WHEREAS, upon the Fire Department ordering the fire shelters with Allstar Fire 11 Equipment, it was determined that the unit price submitted to City did not include the sales tax 12 and as a result Allstar was not the lowest bidder for the large fire shelters, and, 13 WHEREAS, award is to be made to Mallory Fire as the next lowest bidder; 14 15 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 16 17 SECTION 1. Resolution 2009-293 and all authorizations thereunder are hereby 18 rescinded. 19 SECTION 2. That Mallory Fire is the lowest and best responsible bidder for the 20 purchase of 100 large new generation Fire Shelters, in accordance with Bid Specifications #F- 21 09-19 for a total amount of$31,600. 22 SECTION 3. The City Manager is hereby authorized and directed to execute on behalf 23 of the City a Purchase Agreement with Mallory Fire, a copy of which is attached hereto, 24 marked Attachment "A" and incorporated herein by reference as fully as though set forth at 25 length; and 26 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 1 AND ISSUANCE OF A PURCHASE ORDER TO MALLORY FIRE IN THE 10 AMOUNT OF 531,600 FOR THE NEW GENERATION FIRE SHELTERS AND 2 RESCINDING RESOLUTION 2009-293. 3 4 SECTION 4. The Director of Finance or her designee is hereby authorized to issue a 5 purchase order to Mallory Fire. The purchase order shall incorporate by reference this 6 Resolution number, shall reference the terms in RFQ Bid Specification r"F-09-19, and shall 7 incorporate the terms and conditions of the bid of Mallory Fire. The Purchase Order shall 8 further read "not to exceed 531,600." 9 SECTION 5. The authorization to execute the above referenced Agreement and issue 10 the above-referenced Purchase Order is rescinded if it is not executed/issued xvithin thirty (30) 11 days of the passage of this Resolution. 12 13 14 151 16 17 18 19 20 21 22 23 24 Ills 25 26 27 28 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 1 AND ISSUANCE OF A PURCHASE ORDER TO MALLORY FIRE IN THE AMOUNT OF $31,600 FOR THE NEW GENERATION FIRE SHELTERS AND 2 RESCINDING RESOLUTION 2009-293. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 5 Common Council of the City of San Bernardino at a meeting thereof, held on 6 the day of ,2009, by the following vote, to wit: 7 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 9 10 ESTRADA 11 BAXTER 12 BRINKER 13 SHORETT 0 14 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 Rachel G. Clark, City Clerk 20 City of San Bernardino 21 22 The foregoing Resolution is hereby approved this day of 2009. 23 24 Patrick J. Morns, Mayor 25 City of San Bernardino Approved as to form: 26 27 JAMES F. PENMAN, City Attorney 28 B v: 3 Attachment "A" PURCHASE AGREEMENT This Purchase Agreement is entered into this day of by and between Mallory Fire ("Vendor") and the City of San Bernardino ("City" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the City to contract for the purchase of new generation fire shelters; and WHEREAS, the City of San Bernardino did solicit and accept quotes from available Vendors for the purchase of fire shelters. NOW, THEREFORE, the parties hereto agree as follows: 1 SCOPE OF SERVICES, For the remuneration stipulated, San Bernardino hereby engages Vendor to provide 100 large new generation fire shelters as set forth in Request for Quote #F 09-19, attached hereto and incorporated herein as Exhibit "A.". 2. COMPENSATION AND EXPENSES. a. For the products and/or services delineated above, the City, upon presentation of an invoice, shall pay the Vendor $316.00 per fire shelter, up to the amount of $31,600.00 for 100 fire shelters. b. No other expenditures made by Vendor shall be reimbursed by City. 3. TERM; TERMINATION. This purchase shall be completed within sixty (60) days. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. 4. WARRANTY Vendor expressly warrants that all products and services supplied to City by Vendor under this Agreement shall conform to the specifications, drawings or other description upon which this PURCHASE is based, shall be fit and sufficient for the purpose intended, merchantable, of good material and workmanship, free from defects and free and clear of all liens or encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect Vendor's obligations under this warranty, and such warranty shall survive inspection, testing, acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or services not conforming to the foregoing warranty without expense to the City, when notified of such non-conformity by City. If Vendor fails to correct the defects in or replace non-conforming goods or services promptly, City may, after reasonable notice to Vendor, make such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for purposes of this section shall not be deemed to require more than 60 calendars days notice before commencement of efforts by the City to effect cover or a cure except upon written agreement of the Parties. 4.5. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives. free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 6, INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, Vendor shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of 51,000.000.00 combined single limit, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. City shall be set forth as an additional named insured in each policy of insurance ® provided hereunder. The Certificate of Insurance furnished to the City shall require the insurer to notify City of any change or termination in the p olicy. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, Vendor shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. Vendor warrants that it possesses or shall obtain, and maintain a business registration certificate as required under Chapter 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of Vendor to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: San Bernardino City Fire Department 200 East Third Street San Bernardino, CA 92410 Attention: Fire Chief Telephone: (909) 384- 286 TO THE VENDOR: Mallory Fire 236 W. Orange Show Rd 9103 San Bernardino, CA 92408 Attention: Matt Cassidv Telephone: (909) 383-0147 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. Vendor shall not voluntarily or by operation of law assign; transfer; sublet or encumber all or any part of the Vendor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Vendor of Vendor's obligation to perform all other obligations to be performed by Vendor hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California. Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors. and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or PURCHASE AGREEMENT MALLORY FIRE/CITY OF SAN BERNARDINO enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 2009 MALLORY FIRE By: Its: Dated 2009 CITY OF SAN BERNARDINO By: Charles McNeely. City Manager Approved as to Form: James F. Penman.. City Attorney 10 B y. it PURCHASE AGREEMENT This Purchase Agreement is entered into this day of , by and between Mallory Fire ("Vendor") and the City of San Bernardino ("City" or"San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the City to contract for the purchase of new generation fire shelters; and WHEREAS, the City of San Bernardino did solicit and accept quotes from available Vendors for the purchase of fire shelters. NOW, THEREFORE, the parties hereto agree as folloxvs: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages Vendor to provide 100 large new generation fire shelters as set forth in Request for Quote#F 09-19, attached hereto and incorporated herein as Exhibit"A.". 2. COMPENSATION AND EXPENSES. a. For the products and/or services delineated above, the City, upon presentation of an invoice, shall pay the Vendor $316.00 per fire shelter, up to the amount of 531,600.00 for 100 fire shelters. b. No other expenditures made by Vendor shall be reimbursed by City. 3. TERM; TERMINATION. This purchase shall be completed within sixty(60) days. This Agreement may be terminated at any time by thirty(30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. 4. WARRANTY Vendor expressly warrants that all products and services supplied to City by Vendor under this Agreement shall conform to the specifications, drawings or other description upon which this PURCHASE is based, shall be fit and sufficient for the purpose intended, merchantable, of good material and workmanship, free from defects and free and clear of all liens or encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect Vendor's obligations under this warranty, and such warranty shall survive inspection, testing, acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or services not conforming to the foregoing warranty without expense to the City, when notified of such non-conformity by City. If Vendor fails to correct the defects in or replace non-conforming goods or services promptly, City may, after reasonable notice to Vendor, make such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for purposes of this section shall not be deemed to require more than 60 calendars days notice before commencement of efforts by the City to effect cover or a cure except upon written agreement of the Parties. 4.5. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 6. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, Vendor shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$1,000,000.00 combined single limit, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the City shall require the insurer to notify City of any change or termination in the policy. 7. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, Vendor shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. Vendor warrants that it possesses or shall obtain, and maintain a business registration certificate as required under Chapter 5 of the Municipal Code, and any other license, pen-nits, qualifications, insurance and approval of whatever nature that are legally required of Vendor to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: San Bernardino City Fire Department 200 East Third Street San Bernardino, CA 92410 Attention: Fire Chief Telephone: (909) 384-5286 i TO THE VENDOR: Mallory Fire 236 W. Orange Show Rd#103 San Bernardino, CA 92408 Attention: Matt Cassidy Telephone: (909) 383-0147 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. Vendor shall not voluntarily or by operation of law assign, trans er, sublet or encumber all or any part of the Vendor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Vendor of Vendor's obligation to perform all other obligations to be performed by Vendor hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or i PURCHASE AGREEMENT MALLORY FIRE/CITY OF SAN BERNARDINO enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches-by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding eve *�° . n bet er. �.�.. parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2009 MALLORY FIRE By: Its: Dated 12009 CITY OF SAN BERNARDINO By: Charles McNeely, City Manager Approved as to Form: James F. Penman, City Attorney By: Exhibit "Age AM I, C PRICE FORM REQUEST FOR RFQ: RFQ F-09-19 DESCRIPTION OF RFQ: New Generation Fire Shelters BUSINESS NAMEIADDRESS: The Mallory Company 236 W. Orange Show Rd, #103 San Bernardino CA 92408 NAME AUTHORIZED REPRESENTATIVE Steve Brunello TELEPHONE: 800-426-6830 / 909-383-0147 EMAIL: stephenbrunellokalloryfire.com Fps(: 909-383-0148 Please provide the Firm Fixed Price information in the spaces provided below. All prices must include: liner, protective canvas type cover w/military style attachment clips, shipping and 9% sales tax. Please see addendum #1 for Price Breakdown 1. Regular-Size, complete $ (NSN:4240-01498-3194) 2. Large, complete $ (NSN:4240-01-527-5248) Delivery: 7 to 14 days depending on size of order From inventory: 2 to 5 days Page 14 of 21 San Bern a S4 July 9, 2009 ADDENDUM ##1 TO Request for Quotation (RFQ) F-09-19 New Generation Fire Shelters Notice is hereby given that the following changes, additions, deletions, or clarifications are incorporated as an Addendum to the Request for Quotation (RFQ) F-09-19. 1. Your request does not state how many of each size (regular or large) you need. I need to know quantities of each size, and the shipping destination for freight charges. Answer: Price breakdown should be as follows. Regular Size: 1-10 items = $295.39 10-25 items = $271.00 25-100 items = $271.00 Large Size: 1-10 items = $344.44 10-25 items = $316.00 25-100 items = $316.00 Shipping destination is 200 E. 3RD Street, San Bernardino CA 92410, 2. There are no quantities listed. Is there a quantity on the fire shelters or is the bid good for one or more purchased within the 120 days? If the second is the case, do you have an expected quantity of shelters that need to be purchased for the City? Answer: Estimated quantity is 65 to 900 shelters. 10— 15 may be regular size. Sincerely, Deborah R. Morrow, C.P.M., MPA Purchasing Division PRICE FORM (continued) Are there any other additional or incidental costs that will be required by your f in order to meet the requirements of the Technical Specifications? Yes / N (circle one). If you answered "Yes", please provide detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. Not applicable e you included in your Bid all informational items and forms as requested? eS / No (cirrla nnel If vni i angwared "Nn" nlanQA avnlain; This offer shall remain firm for 120 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this Bid. Cash discount allowable 0 % days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this Bid, Bidder's) warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: 1 Received on: July 10, 2009 Addenda No: Re e+ved-arr. Addenda No: eceived on: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: Ramona Wallace, Bids/Contracts Coordinator Page 15 of 21 RN 19 PRICE FORM (continued) DATE SIGNED: July 13, 2009 COMPANY NAME &ADDRESS: The Mallory Company 236 W. Orange Show Rd, San Bernardino, cA PO Box 2068, Longview, WA 98632 PHONE: 800-426-6830 FAX: 909-383-0148 EMAIL: ste)henbrunello @ mallorytire.com ramona.wallace@malloryco.com IF SUBMITTING A"NO BID", PLEASE STATE REASON (S) BELOW: Page 16 of 21 i NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive Bid in connection with RFQ F-09-19. Business Name The Mallory Company Business Address 1040 Industridl Way, PO Box 2068 ongvew, W 98632 Signature of Bidder(s) at Ramon Wallace, Bids/Contracts Coordinator Toutle, Washington Place of Residence Subscribed and sworn before me this i — day of , 20 Notary Public in and for the County of COWO" ,'State of Califomia. My commission expires��U 20�• N NOTA/?y �'. ..� (P PUBLIC '_ OF WA V\ /��/1J1f1l1II1UO�\\\ Page 17 of 21 • j • I SECTION IV. GENERAL SPECIFICATIONS � � Page 18 of 21 . iC;l•':��;.�it IV. GENERAL SPECIFICATIONS 1. Each Bid shall be in accordance with Request for Bids(RFQ) Number F-09-19.All specifications are minimum. BIDDER(S)are expected to meet or exceed these specifications as written. Bidder(s)shall attach to their Bid a complete detailed itemization and explanation for each and every deviation or variation from the RFQ specifications and requirements. Conditional Bids, or those that take exception to the RFQ specifications and req uirements, may be considered non-responsive and may be rejected. 2. The City reserves the right to accept or reject any and all Bids and to award a contract to the Bidder(s)whom best meets the City's requirements. This may include waiver of minor irregularities or discrepancies,or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors, including but not limited to,workmanship, accessibility of parts and service, known evidence of manufacturer's responsibility and record,durability and known operational record of product and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices Bid. 4. Bids shall be firm offers,subject to acceptance or rejection within 120 days of the opening thereof. 5. Regular dealer. No Bidder(s)shall be acceptable who is not a reputable manufacturer or dealer of such items as submitted for Bid consideration. 6. All materials,workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and must conform to the character of the equipment and the service for which it is intended to be used and shall be produced by use of the current manufacturing processes."Seconds",factory rejects, and substandard goods are not acceptable. 7 "Bach Bidder(s)shall submit wdh.their Bid a_copy of the prgpased product specifications„ h comp�(ee� eta/etl ilr`auir{ngs, an d,�otherdescriptive matt er in sufficient detail to dbikly'describ , ...the egwpinen�,materials and parts offered. 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all claims made against the City of San Bernardino, or any of its officials or agents for the use of any patented process,device or article forming a part of equipment or any item furnished under the contract. 9. Each Bidder(s)_must state in their Bid the.guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. 10.YEach,Bidders}shall list in their laid all factory; manufacture nd/or,dealeris.warranty:aridlor Grant$ "coverage and shatl.subrnit sch Written documents evidencing the same attached 11. Successful Bidder(s) (Contractor)shall fumish and deliver to the City complete equipment as proposed and awarded,ready for installation and fully equipped as detailed in these specifications. 12. Price shall be Bid F.O.B. San Bernardino(all transportation charges shall be fully prepaid), and shall include all discounts. Bid shall include California sales tax,where applicable, (effective April 1,2009)computed at the rate of 9%, (this will normally be shown as a separate line item on the price form). 13. City shall make payment within thirty(30) days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. 14. All"standard equipment" is included in any Bid. BIDDER(S)furnishing Bids under these specifications shall supply all items advertised as"standard" equipment even if such items are not stipulated in the specifications, unless otherwise clearly excepted in the Bid. Page 19 of 21 V 15. The items which the Bidder(s) proposes to furnish the City must comply in al,respects with the appropriate safety regulatiors of all regulatory commissions o`the Federal Government and the State of California,whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to this RFQ specifications shall gua antee that equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17. By submitting a Bid, each Bidder(s) agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage will be sustained by the City, and that it is, and will be impractical and extremely difficult to, ascertain the actual damage which the City will sustain in the event of and by reason of such delay. 18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, government controls, or by reason of any cause or circumstance beyond the control of the Contractor,the time for delivery may be extended (in the City's sole discretion)by a number of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Division of the City of San Bernardino.The City shall not unreasonably refuse such extension. 19. Contract. Each Bid shall be submitted and received with the understanding that acceptance by the City of San Bernardino of Bid in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the prices proposed and in complete accordance with all provisions of RFQ No. F-09-19. In most cases the basis of award will be the City's standard purchase order that may or may not incorporate this solicitation by reference. 20. Prohibited interest. No member,officer, or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore,the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest,whether contractual, non-contractual, financial or otherwise, in this transaction,or in the business of the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time,a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6(commencing with Section 1120) of Division 4 of Title i of the Government Code of the State of California. 21. one Document.These specifications,the Request for Bid, RFQ F-09-19,the Contractor's Bid, any written agreement executed by the parties,the purchase order and all documents referred to in the complete specifications and purchase order,and all written modifications of said documents shall be construed together as one document.Anything called for in any one of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall be performed by the contractor,whether specifically set out in the contract or not.All sections of the specifications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all Bids. 23. Prompt payment. Each Bidder(s)may stipulate in their Bid a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten (10)working days of receipt of material and approval of invoice. For the purpose of this provision,payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during Bid evaluation in the case of ties. 24. Inquiries, Direct all inquiries to Deborah Morrow at 909-384-5086. Technical questions may be sent via fax to 909-384-5043, or email to morrow de @sbcity.org. The answers to material questions will be posted to our website"v,NN .sbcio.ore by the dates contained in this document. 25. Bid/Price forms. No Bid will be acceptable unless prices are submitted on the pricing forms furnished herein,and all required forms are completed and included with Bid. Deliver all Bids, signed and sealed,to the Purchasing Division, Finance Department at 300 North"D" Street, Page 20 of 21 i �+ EARLY MARK THE RFQ 4 Floor,City Hall, San Bernardino,California 92418. CL SPECIFICATION TITLE "New Generation Fire Shelter"AND NUMBER F-09-19 ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All Bias must be received in the Purchasing Division no later than 3:00 PM, PST PM PST,July 16,2009,where at such time and said place Bids will be publicly opened, examined and declared.Any Bid may be withdrawn by Bidder(s) prior to the above scheduled time for the opening of Bids.Any Bid received after that time and date specified shall NOT be considered. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award multiple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment Bid. 29. In submitting a Bid to a public purchasing body,the Bidder(s)offers and agrees that if the Bid is accepted, it will assign to the purchasing body all rights,title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act(U.S.C. Sec 15)or under the Cartwright Act(Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials,or services by the Bidder(s)for sale to the purchasing body pursuant to the Bid.Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the 30. Contractor shall indemnify, defend and hold City, its officers,employees and agents harmless from any claim,demand, liability,suit,judgment or expense (including,without limitation, reasonable costs of defense)arising out of or related to Contractors performance of this agreement,except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as"attorney's fees"for the purposes of this paragraph. 31. While not restricting or limiting the foregoing,during the term of this Agreement, Contractor shall maintain,in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of$1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the City's Risk Division • undertaking any k u„der this Agreement.The policies shall name the City as an prior tviiiw2ita ��.y any W^vr y,.,.., additional insured and shall provide for ten-(10)day notification to the City if said policies are terminated or materially altered. �-FAITHFUL PERFORMANCE BOND.Not required. le is tkae Sity e# 0 a 44h6 OF b8tt6F 33. Written contract documents,duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s)that may result from the RFQ. 34. City may, at its discretion, exercise option year renewals for up to 3 years, in one-year increments. 35. By submitting a Bid, Bidder(s)warrants that any and all licenses and/or certifications required by law, statute,code or ordinance in performing under the scope and specifications of this RFQ are currently held by Bidder(s), and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in Bidder(s)'s response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. 36. Once the award has been made and prior to the commencement of the job,the City's Municipal Code (M.C. 5.04.005) requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the term of the Agreement. Page 21 of 21 APy Fire Shelters - --------­------------------------------........... ;. �':, "fii , '`.r fit' tt •� - �I, 4 ' s, i �� �•. t µ) w •t+ yt t GOVERNMENT APPROVED tr is ' New-generation protection from radiant and convective heat in wildland firefighter entrapment situations AM C W yn. 1;)INDUSTRIE INC. d.••4. ,?...� tit• - ti "9 Y 1 Y 'i i� :f Manufactured to U.. S . Forestry Service Specifications AMb Fire Shelter (Regular), Complete r " Size: Regular Deployed size: Length: 86"; Height: 15-1 /2': Width: 31 t This set includes: fire shelter, nylon s+' duck carrying case, carrying case }$ 1 ._�1i plastic liner, and Instructional DVD. Forest Service Spec 5100-606. New- •- Os• :. ��h.. generation fire shelter provides in- creased protection from radiant and convective heat in wlidland firefighter entrapment situations. (NFES #0925) Pire Shelter (Large), Complete Size: Large Deployed size: Length: 96% Height: 19- 1/2"; Width: 33'. Large size shelter designed for firefight- ers taller than 6' 1 " or whose girth ex- ceeds 53" at any point_ The larger fire shelter provides better protection for larger people by allowing less contact of the shelter material with the occupant's body, and provides more air space be- tween the shelter and occupant. The large fire shelter Is easily identified by the orange deploy strap. Forest Service Spec 5100-606. (NFES #0975) •� y�, �t;v � •'T'i" 7 i� �,� - _ .s.sr„n d ��, ";' dit�t�tist. Practice Fire & Replacement Parts Regular Size Training/Practice Fire Shelters, 'E Complete in Large and Regular Size Note: This item is not fire-resistant and r should not be used as a fire shelter. (NFES 42678) Reusable practice fire shelter system for training in use of M-2002 fire shelter. Some size and dimen- sions as M-2002 t' Large Size , Replacement Parts (M-2002) Fire Shelter • Blue Carrying Case-Opening flap closes with Velcro. Includes ver- tical and horizontal hangers.instruc- tions provided in front pocket.Forest Service Spec 5100 609.(NFES#0927) °' • Ca Case liner-open-to ed s p a �' PP hard plastic liner fits inside M-2002 fire shelter carrying case,Liner pro Carrying Case Carrying Case Liner tects the shelter from being crushed. Forest Service Spec 5100-610.(NFES I k i #0928) '; • Polyvinyl Bag-Reusable poly- 1. ;-: vinyl bag for M-2002 practice fire shelter.Simulates the tear-open bag used with the real fire shelter.Forest Service Spec 5100-611. (NFES#2681) ,� • Instructional DVD-Complete in- structional DVD for the Standard Fire and Practice Shelters. Contains both Practice Polyvinyl Bag Instructional DVD English and Spanish versions. -Q_u VVITI- HIG't, i-IO NC);,S SAFETY IS NO.] 2001 Fort Bragg: Commander's Certificate of Achievement for delivering high qualify prod- Anchor Industries Inc. has been ucts before the contractual suspense date. manufacturing government op- �✓ 2000 Defense Contract Management Agen- proved fire shelters for over 30 cy (Indianapolis): Best Faith Effort Award for years. With specially designed utilization of Small and Small Disadvantaged manufacturing equipment, shelters Businesses. are produced In large quantlties 1999 Defense Logistics Agency: Value Engi- neering Contractor of the Year with rapid turnaround. Experience 1995 Defence Logistics Agency: Value Engi- speaks volumes when the product neering Contractor of the Year is so critical. Government awards 1991 Defense Contract Monagernent Agency prove that Anchor Fire Shelters are (North Carolina): Recognition for contractor an industry standard. Support of Operation Desert Shield/Storm. Anchor Industries Inc . FOR OVER 100 YEARS Anchor Industries Inc., based in Evansville, Indiana, Is a worldwide leader in the design and manufacture of custom fabric products for commercial and government use. With numerous government contract awards, Anchor is dedicated to producing quality products at timely, cost effective rates. EXCELLENCE IN SERVICE & QUALITY • In-House Engineering • U.S. Manufacturing • Worldwide Sales & Service INDCHONO 1100 Burch Dr. • Evansville, IN 47725 • 800-544-4445 • ph. 812-867-2421 • fax 812-867-0547 www.anchorinc.com • military@anchorinc.corn ` IT it()i'it l ETA it 1` 000-6 mallu r Y Fire • Safety • Gleanroom Performance/Qualifications Submitted with pride by ■ 1r r r V lvialloryi- ire A division of The Mallory Co., Inc. 236 W. Orange Show Rd, #103 San Bernardino, CA 92408 The Mallory Co., Inc., 1040 Industrial Way PO Box 2068 Longview, WA 98632 For any purpose other than to evaluate the proposal,this data shall not tie duplicated, used,or disclosed in whole or in part.The data subject to this restriction is contained in page(s) ALL of this proposal. Use or disclosure of at:proposal data on this page are subject to the restriction on the Cover Sheet of this proposal. I'll 0 P R I E TA R Y i PROPRIETARY Past Performance/Corporate Experience Mallory Past Performance The Mallory Co., Inc.("Mallory"),headquartered in Longview, Washington, is a full-line fire, safety, and emergency services equipment dealer with over 30 years' experience providing products to fire departments;and commercial/industrial users, and federal,state, and local agencies. As a HUBZone Small Business with a team of approximately 90 employees and seven locations in Oregon,Washington, and California, Mallory has developed a track record of fast,dependable. and resourceful service,with the attention to detail and reporting that this agreement requires. Our most analogous agreement in terms of dollar value,geography,and product scope is the contract Mallory maintains for the Mine Safety Appliance(MSA)brand of self-contained breathing apparatus, CBRN-compliant Millennium gas masks,and related products for the state of California. Under this agreement,Mallory recorded over$3 million and over$5 million in annual sales and service in 2005 and 2006, respectively.Mallory's outstanding experience providing this type of product and related sen�ices and training within the state of California is a direct match to Bechtel's needs.California Department of Forestry(CDF) is the second-largest fire department in the U.S.,with over 4,000 firefighters. Mallory has trained, serviced,and supported various CDF ranger districts with their respiratory protection needs,with activity ranging from performing warranty service work on their SCBAs,to training CDF field technicians to maintain their equipment,to fit testing and air management programs. Large single-order experience: Mallory also has experience processing large single orders in a competitive bid environment.Mallory has been successful several spot purchases of Bullard and MSA purchases at Bechtel,CH2M Hill and Washington Closure Hanford, as reflected in Table 2, Mallory Past Performance Contract/Order Listing.Mallory was successful with several 2006 project bids for custom- manufactured firefighting apparatus built by Mallory for the forestry departments in the states of Mississippi,Tennessee,and Kentucky,each totaling over$300,000 in purchase value. Mallory delivered a nearly$500,000 turnout order to San Bernardino County,CA,and individual SCBA orders in excess of $800,000 for Napa County,CA,Twain Harte Fire,CA and California Department of Forestry. Mallory has the financial strength, creditworthiness,and relationships with to support the large individual purchases anticipated by this proposal. Use or disclosure of all proposal data on this page are subject to the restriction on the Title Page of this proposal. Page 3 PROPR[EI.'rARY PROPIZIl_ (ARN' Performance References Riverside Count}- Fire Service Center 210 W. San Jacinto Avenue Perris, CA 92370 Contact: Charlie Sortello PH: 951-940-6388 City&County of San Francisco 1 Dr. Carlton B.Goodlett Place San Francisco,CA 94102 Contact: Dorothy Teupel PH: 415-318-4516 San Bernardino County Fire Service Center 2824 East`W' Street San Bernardino,CA 92408 Contact: Marta Govan PH: 909-382-5404 ext. 1 Palm Beach County 50 S. Military Trail, Ste 110 West Palm Beach,FL 33415-3199 Contact: Laura Mengel PH: 561-616-6817 Use or disclosure of all proposal data on this page are subject to the restriction on the Title Page of this proposal. Page 4 i,izoi,iztc,rA11 Bid Documents to Be Returned RFQ F-09-19 NEW GENERATION FIRE SHELTER Technical Specifications—Acceptable as specified (City Form) 11 Technical Specifications ❑gAcopy of Contractor License III Bid Content and Forms,General Specification#35, instructions to Bidder(s) Bidders Bidder Experience, Competency, Qualification and Profile (Vendor Document) ill Bid/Bid Content Forms Non-Collusion Affidavit (City Form) Instructions to Bidder(s)7 Bidders n HA._. . III Bid J Bid Content and Forms U N vesting of Proposed Subcontractor (City Form) Price Form (City Form) Instructions to Bidders,III Bid Content and Forms Authorized Signatures Instructions to Bidaers dBidder Identification III Bid Content and Forms Addendum Received Ili Bid Content and Forms 120 Day Bid Validity Statement Ill Bid Content and Foss dAuthorized Signatures III Bid Content and Forms dReferences III Bid Content and Forms Kkalendar Day Acknowledgment of Delivery of Materials or Services General Specifications#9 LLi Proper Identification and Submittal of Bid/Bid Package, and Price Form Instructions to Bidders Bidders are requested to submit this checklist completed with all bid documents. Page 3 of 21 a M U 3. Appendices Information considered by Bidder(s) to be pertinent to this RFQ and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. BIDDER(S) are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. B. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a Bid, Bidder(s) warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by Bidder(s), and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be, included in Bidder(s)'s response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. C. COST AND PRICE FORMS Bidder(s) shall complete the Price Form in its entirety including: 1) all items listed and total price; 2) all additional costs associated with performance of specifications or statement of work; and 3) Bidder(s)'s identification information including a binding signature. Bidder(s) shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days". Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City's check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. Page 13 of 21 ECElVtD_C1TY CL� CITY OF SAN BERNARDINO Interoffice Memorandum 201`0.SAN -5 PM 12: 55 CITY CLERK'S OFFICE Records and Information Management(RIM) Program DATE: December 22, 2009 TO: Norma Camarena, Administrative Analyst II Fire Department FROM: Margaret Fedor, Executive Assistant to the City Clerk RE: Transmitting Documents for Signature—Resolution 2009-364 At the Mayor and Common Council meeting of December 7, 2009, the City of San Bernardino adopted Resolution No. 2009-364—Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Mallory Fire in the amount of$31,600 for the New Generation Fire Shelters and rescinding Resolution 2009-293. Attached is one (1) fully executed duplicate of the original agreement for your records. A duplicate original was provided to Mr. Matt Cassidy of Mallory Fire. Thank you. I hereby acknowledge receipt of the above-mentioned agreement: Name: (i iY1 A— 6jX1W1c 06u PLEASE SIGN AND RETURN Date: Lr�LA= o Relceived JAN - 4 2010 San Bernardino City Fire Department CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION From: Michael J. Conrad, Fire Chief Subject: Resolution authorizing the execution of an " agreement and issuance of a purchase order to Mallory Fire in the amount of$31,600 for the new Dept: Fire generation Fire Shelters and rescinding Resolution 2009-293. Date: November 30, 2009 MC/C Meeting Date: December 7, 2009 Synopsis of Previous Council Action: 08/17/09 Resolution #2009-293 authorizina the execution of an agreement and issuance of a purchase order to Allstar Fire Equipment in the amount of $34,489.25 for the new generation Fire Shelters. 03/16/09 Resolution 42009-59 authorizing the City Manager or his designee to accept and administer the 2008 Assistance to Firefighters grant awarded by the Department of Homeland Security. 04/21/08 Resolution#2008-129 authorizing the Fire Department to apply for the 2008 Assistance to Firefighters grant submitted to the Department of Homeland Security. RECOMMENDATION: adopt resolution. Signature V Contact Person: Michael J. Conrad. Fire Chief Phone: (909) 384-5286 Supporting data attached: Staff Report. Resolution. and Agreement Ward: Citvwide FUNDING REQUIREMENTS: Amount: $31.600.00 Source: (Acct.No.) 12')-846-5112 (Acct Descr.) Federal & State Program-2008 Assistance to Firefighters grant Finance: Council Notes: Agenda Item No. 1 STAFF REPORT i, SUBJECT Resolution authorizing the execution of an agreement and issuance of a purchase order to Mallory Fire in the amount of $31,600 for the new Qeneration fire shelters and rescinding Resolution 2009-293. BACKGROUND On August 17, 2009, the Mayor and Common Council authorized the execution of a purchase agreement and the issuance of a purchase order to Allstar Fire Equipment in the amount of $34,489.25 for 100 large and 21 regular fire shelters. Routine purchase order number 303039 was issued to Allstar Fire Equipment based on the information received under Request for Quote (RFQ) #F 09-19 for new generation fire shelters. The Fire Department contacted Allstar Fire Equipment to place an order for 100 large fire shelters. During this process, Allstar Fire Equipment questioned the total amount issued for these large fire shelters. The company representative asked if the award amount was the sub- total of the order, as it did not appear to include the required nine percent sales tax. In researching this issue, the Purchasing Division reviewed the bid response and verified that the price sheet and addendum #1 provided by Allstar Fire did include the sales tax on the regular size shelters but not on the large ones. Unfortunately. after performing an analysis, the company determined that it is not financially possible to honor the unit cost that had been bid for the large shelters. The Allstar Fire Equipment representatives understand that. given these circumstances, the City must reject their bid and award the contract to the another company that provided a lower bid. With this correction, Mallory Fire becomes the lowest bid vendor. The Purchasing Division has confirmed that Mallory Fire has agreed to extend their quote and price. Mallory has agreed to their unit price with sales tax based on the quote submitted under RFQ F-09-19. Pursuant to the City's bidding process, it is recommended that the City reject the bid from Allstar and cancel purchase order 303039 and award a new purchase order to Mallory Fire for 100 large fire shelters under RFQ 9F-09-19. Thus, the Fire Department is requesting the authorization to enter into a new purchase agreement and the issuance of a purchase order to Mallory Fire in the amount of $31,600 for 100 large fire shelters. A separate process with the grantor will follow concerning the 21 regular fire shelters. FINANCIAL IMPACT The total dollar amount to be awarded to Mallory Fire for the new generation Fire Shelters is not-to-exceed $31, 600. Funding is budgeted under the 2008 Assistance to Firefighters grant account 9123-846-5112 for the procurement of the equipment. 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