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HomeMy WebLinkAbout15- Police Department 15.a ARD�N v q I �G Consent Calendar a 0 p ,= City of San Bernardino Request for Council Action a •3 a W Date: June 7, 2017 2 V s To: Honorable Mayor and City Council Members 0 From: Mark Scott, City Manager /` - `0 By: Jarrod Burguan, Chief of Police Susan Stevens, Senior Management Analyst y Subject: Purchase and Installation of Equipment for Police Vehicles Recommendation Adopt a resolution of the Mayor and City Council of the City of San Bernardino, a California, authorizing the execution of a Vendor Services Agreement between the City of San Bernardino and Innovative Emergency Equipment and the issuance of a Ln purchase order in the amount of$251,000. • o Background W In March 2017, twenty-eight Ford vehicles were ordered through Fairview Ford. Once the vehicles are delivered in May and June 2017, safety equipment will need to be 2 installed. Bid requests to outfit 22 vehicles were issued on February 13, 2017, under a RFQ F-17-04 (Attachment 1). Three vendors replied with the lowest quote received from Innovative Emergency Equipment. At the time of the bid request, the total number of 2 unmarked vehicles needing to be built was unknown. With Innovative submitting the w lowest bid, quotes 1380 and 1381 were solicited for an additional 6 unmarked vehicles— W 3 Ford Fusions and 3 Ford Escapes (Attachment 2). The additional cost of 6 unmarked vehicles will increase Innovative Emergency Equipment's total bid to $250,794.18 which 0 is still lower than the next highest quote for 22 vehicles. c Discussion The Police Department requests the Mayor and City Council authorize the City Manager or his designee to execute a Vendor Service Agreement and issue a Purchase Order for the purchase and installation of safety equipment in 28 new Police vehicles with Innovative Emergency Equipment in an amount not to exceed $250,750. s U L Fiscal Impact a Funds were appropriated in the FY16/17 Adopted Budget in the Traffic Safety Fund, General Fund, and A131 09 Fund specifically for the purpose of purchasing and outfitting L M Q Packet Pg. 278 Police vehicles. The remaining fund balances in each of these accounts will cover this 0) purchase. a° L 0 Fund Account Balance Amount Requested a) E 128-210-0087*5701 $137,265.80 $137,265.80 001-210-0001*5701 $102,944.20 $102,944.20 w 123-210-0972*5701 $300,390.92 $ 10,790.00 s Conclusion Authorize the City Manager to execute a Vendor Services Agreement and the Director c of Finance to issue a Purchase Order to Innovative Emergency Equipment. o Attachments Attachment 1 RFQ F-17-04 Attachment 2 Quote 1380 and 1381 Attachment 3 Resolution; Exhibit A—Vendor Services Agreement y r L a. M Ward: u� I Synopsis of Previous Council Actions: j (L D: v 0 a. L O Q LU 4) W 0 c R _c c d V L a u c a E Packet Pg.279 L w _ Q a w m San Bernar Sao > 0 _ February 13, 2017 SUBJECT: NOTICE INVITING BIDS (RFQ) F-17-04 N The City of San Bernardino (City) invites bids from qualified vendors for: R Install Emergency Equipment in Police Vehicles N Parties interested in obtaining a copy of this RFQ F-17-04 may do so by accessing the L City of San Bernardino Web Page at www.sbcity.org > How Do I > Request> for Bids a > City Finance Department-Purchasing beginning February 13, 2017 or by faxing M their request to (909) 384-5043, attention Vanessa Slouka, Accounting Assistant. o Please include the following information in your request: name and address of firm; name, telephone and facsimile number of contact person; specify RFQ F-17-04. z Copies of the RFQ May also be obtained by calling Vanessa Slouka at (909) 384-5346 or in person at City Hall, 300 N. "D" St., 4th floor, Purchasing Division, San Bernardino, CA 92418. a From the issuance date of this Request for Proposal until a Vendor is selected and the selection is announced, Proposers are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, a° and/or site visits, except at the direction of Vanessa Slouka, Accounting Assistant the ,o designated representative of the City of San Bernardino. Contact with anyone not �- designated will result in elimination from the bid process. LU Closing Date: Bids must be submitted at or before 3:00 PM, PST, March 1, 2017 at 300 North "D° Street, 4t' Floor, Purchasing, San Bernardino CA 92418. 0 Issuance of this RFQ and/or receipt of bids do not commit City to award a contract. o Sincerely, Vanessa Slouka Accounting Assistant d o L a r _ d E 10L U Q 1 Packet Pg.280 15.b m E Q. w SECTION I. 2 INSTRUCTIONS TO BIDDERS > 0 c 0 R N _ _ d ql R L V 3 a M 0 H Z W H H Q ai V O a 0 EL .3 a� Lu r as 0 r- 0 ca R r N _ _ d N L V a a� City of San Bernardino, Finance Department E 2 Packet Pg.281 15.b y Purchasing DivisionCD E a Bid Documents to Be Returned by Bidder a w RFQ F-17-04 °; INSTALL EMERGENCY EQUIPMENT IN POLICE VEHICLES ❑ Copy of Contractor License (if applicable)...Bid Content and Forms,General Speclflcation#35, O Instructions to Offeror(s) /Bidders C O r ❑ Bidder Experience, Competency, Qualification and Profile (Vendor Document) ... r Proposal/Bid Content Forms C Instructions to Offeror(s)/Bidders ❑ Non-Collusion Affidavit (City Form) N M 111 Proposal/Bid Content and Forms U ❑ Listing of Proposed Subcontractor (City Form) a ❑ Cost / Price Form (City Form) Instructions to Bidders,III Bid Content and Forms M r O ❑ Authorized Signatures Instructions to Bidders III Bid Content and Forms ~ F] Bidder Identification Z W 111 Bid Content and Forms ❑ Addendum Received (City Form) a I— ❑ 120 Day Bid Validity Statement III Bid content and Forms a a� ❑ Authorized Signatures (City Form) 111 Bid content and Forms o a ❑ References III Bid Content and Forms ,o a .E ❑ Proper Identification and Submittal of Proposal/Bid Package, and Price Form w Instructions to Bidders t ❑ Proof of Insurance > O ❑ Copy of Manufacturer's and/or dealer warranty and/or guarantee (if applicable) VI General o Specifications#10 M ❑ Copy of Contractor License or other appropriate Licenses where applicable VI General Specifications 935 +- N C "13 C cls Bidders are requested to submit this checklist completed with all bid documents. N s This list may not be reflective of all documents necessary for submittal. a I. INSTRUCTIONS TO BIDDERS U a 3 Packet Pg.282 15.b c m A. Pre-Bid Conference/Job Walk E c. N/A w a� a� B. Examination of Bid Documents > 0 1. By submitting a bid, the Bidder represents that it has thoroughly examinedo r and become familiar with the items required under this RFQ and that it is 1° capable of quality performance to achieve the City's objectives. N 2. The City reserves the right to remove from its mailing list for future RFQs, for an undetermined period of time, the name of any Bidder for failure to y accept a contract, failure to respond to two (2) consecutive RFQs and/or unsatisfactory performance. Please note that a "No Bid" is considered a response. a M C. Addenda o Any City changes to the requirements will be made by written addendum to this RFQ. Any written addenda issued pertaining to this RFQ shall be incorporated w into the terms and conditions of any resulting Purchase Order. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFQ as the result of oral instruction. a 2. Submitting Requests 0 0. a. All questions, clarifications or comments shall be put in writing and must be received by the City no later than 3:00 PM, February 21, ° 2017 and be addressed as follows; a w City of San Bernardino J� 300 North "D" Street > 4th floor, Attn: Vanessa Slouka o San Bernardino, CA 92418 0 c c ca m N r a. b. The exterior envelope or email Subject line of all requests for clarifications, questions and comments must be clearly labeled, E 0 4 Packet Pg. 283 4. W "Not an Offer." The City is not responsible for failure to respond to a request that has not been labeled as such. E .3 The City will also accept questions sent by facsimile machines or w email, however, all faxed or emailed questions must be received by 2 the City no later than 3:00 PM, PST, February 21, 2017. Send M facsimile transmissions to (909) 384-5043, attention Vanessa Slouka, and emails to: slouka_va@sbcity.org. ° 0 r C. Inquiries received after 3:00 PM February 21, 2017 will not be accepted. N _ 3. City Responses Responses from the City will be communicated in writing to all recipients of this RFQ, by a posting to our website, www.sbcity.org by the close of business February 23, 2017. a. M For automatic electronic notifications, please visit our Homepage and o register for SB Connect. If you are not registered for SB Connect, you may view or download any Addenda at www.sbcity.org > How Do I > Request> for Bids > City Finance Department-Purchasing. W x U D. Submission of Bids a 1. Date and Time 0 All bids are to be submitted to the City of San Bernardino, Attention: a Vanessa Slouka, Accounting Assistant. Bids received after 3:00 PM, PST, ° March 1, 2017, will be rejected by the City as non-responsive. W 2. Address .� Bids shall be addressed as follows: 8 c 0 City of San Bernardino Finance Department N 300 N. "D" Street, 4th Floor-Purchasing San Bernardino, CA 92418. C a� Bids may be delivered in person to the Purchasing Division, 4th floor of the above address. U a 3. Identification of Bids r _ a� E a 5 Packet Pg.284 15.b Bidder shall submit a SEALED bid package consisting of: d E a a) one (1) signed original of Quote and Price Form b) two (2) copies of each w d 2 The bid package shall be addressed as shown above, bearing the d Bidder's name and address and clearly marked as follows: > 0 _ RFQ F-17-04: g "Install Emergency Equipment in Police Vehicles" 4. Acceptance of Bids a. The City reserves the right to accept or reject any and all bids, or N any item or part thereof, or to waive any informalities or irregularities in bids. a b. The City reserves the right to withdraw this RFQ at any time without M prior notice and the City makes no representations that any o contract will be awarded to any Bidder responding to this RFQ. C. The City reserves the right to postpone bid opening for its own w convenience. E. Pre-Contractual Expenses a Pre-contractual expenses are defined as expenses incurred by the Bidder in 0 1. preparing its bid in response to this RFQ; a`o 2. submitting that bid to City; a W 3. negotiating with City any matter related to this bid; or 4. any other expenses incurred by the Bidder prior to date of award, if any of o the Agreement. =0_ r 2 The City shall not, in any event, be liable for any pre-contractual expenses y incurred by Bidder in the preparation of its bid. Bidder shall not include any such expenses as part of its bid. 0 L O_ F. Contract Award a� E a 6 Packet Pg. 285 Issuance of this RFQ and receipt of bids does not commit the City to award a Purchase Order. The City reserves the right to postpone bid opening for its own E convenience, to accept or reject any or all bids received in response to this RFQ, and to negotiate with other than the selected Bidder(s) should negotiations with w the selected Bidder(s) be terminated. The City also reserves the right to 2 apportion the award among two or more Bidders. Z G. Acceptance of Order Z r- 0 The successful Bidder will be required to accept a Purchase Order in accordance with and including as a part thereof the published Notice Inviting Bids, and the N RFQ documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. N f6 H. Business License a The City's Business Ordinance requires that a Business doing business ; with the City, obtain and maintain a valid City Business Registration Certificate o during the terms of the Agreement. Bidder agrees to obtain such Certificate prior to undertaking any work under this Agreement. Z LU I. Local Vendor Preference = U The City of San Bernardino gives any formal or informal bid submitted by a local bidder a one percent (1%) credit for goods and materials, where labor and/or a installation is incidental; and a five percent (5%) credit on Contractual services, for comparison purposes with other bidders, as authorized in the San Bernardino 0 Municipal Code Section 3.04.125, and Executive Order 2003-1, respectively. 0- - \HO For the purposes of this section, "local bidders" shall be bidders for which the point of sale of the goods, materials or services shall be within the limits of the City of w San Bernardino. _ 0 C 0 m N C C f0 fq (6 L V L 0- E E o L a Packet Pg. 286 15.b c m E a w m t m SECTION 11. ° c 0 r TECHNICAL SPECIFICATIONS c 0 d N L V a. M 0 0 Z w H H Q N V O a. 0 Q. .3 a w s m 0 c 0 R r c m N cC t V City of San Bernardino a TECHNICAL SPECIFICATIONS 8 Packet Pg. 287 15.b m BID SPECIFICATION NO. E a Cr W d 2 NOTICE : "SPECIAL INSTRUCTIONS TO THE BIDDER" a Services: ° _ 0 Bidder shall complete right hand column indicating brief reasoning for Exceptions to requirements when not acceptable. State"Acceptable" if v c Requirements are agreeable as set forth on left hand column. ,0 c M Equipment: N Bidder shall complete right hand column indicating specific size and or Make and model of all components when not exactly as specified. State a "As Specified" if item is exactly as set forth in the left hand column. M 0 0 FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID z w CATEGORYI ACCEPTABLE/AS x SPECIFIED v Q Install Emergency Equipment into new Ford Interceptor Utility Vehicles Q Quote must include cost of equipment unless v specified as "customer provided". All labor, 0 a miscellaneous parts to install equipment and o shipping costs should be included as part of the noted price. a 44"Valor Red/Blue light bar W Smart Siren Platinum (overhead) r - Federal Signal MS4000 Undercover, 100W Air horn with remote ° - Federal Signal ES 100 Speaker w/o bracket - Speaker mount - Low-profile console with computer mounting y studs. To include Code-1/Secure Idle, Flood = light, and computer turn on switches. - 4"Internal beverage holder with grommets N - Secure idle for Ford Utility - Push bumper for Ford Utility Interceptor - Wrap around bumper for Ford Utility a Interceptor - 150 Am Breaker E Q 9 Packet Pg.288 - Fuse Block St Blade 6 Circuit d - Fuse Block StBlade 12 Circuit with a ground/cover a - 250 AMP relay with built in power tamer (TOP w as H.A.T.) 2 - Tilt-up cargo mount d - Door panels for rear of SUV > - Rear window guards(vertical) ° c - 50%Polycarb, 50% Square-hole punched design ° recessed back panel - Ford utility drivers advantage partition mounting kit;with extra seat back recline E - Flat kick panel for front partition - Standard transport seat with poly window cargo N barrier, and outboard seat belts. s - Micropulse 6-LED grille/hood mount (red/white) a - Micropulse 6-LED grille/hood mount M (blue/white) - Flasher, headlight - Two-head in-line corner LED system z (amber/blue) w - 6-LED Lighthead (blue/amber)Micropulse Ultra on hatch - Red/Blue 6-LED surface mount Lighthead on mirrors Q - Spacer kit for Micropulse - Santa Cruz gun lock S-CI with standard key a - Santa Cruz gun lock SC-5 handcuff style- `o standard key Jq - Butt plate dual for weapon - Gun lock timer; 2 buttons under driver and w passenger for release - Litlite, 12"RHEO, end chas maplight > w - 3/4" Hole NMO Style brass MT with 17"RG58U ° c &No connector g - Drivers side rear cargo window screen - Passenger side rear cargo window screen y Utility Hatch window screen - UV Cargo Organizer with 3 loose dividers c - 3-outlet 12 volt receptacle W a t Fabrication- - Overhead mount for siren controller a- - Mount for docking station - Cut down cargo mount to accommodate io Packet Pg. 289 15.b L ° transport seat Dual gun rack with adjustable AR Lock a Install customer supplied radio modem with W antenna and docking station. Additional equipment for Ford Utility(K-9 Unit) Universal Bail Bracket > w - Passenger side under seat mount w/slide arm Dual USB socket(on blank faceplatc) ° 15 AMP 12Volt DC Socket 100 AMP Thermal Circuit Breaker N - Park Kill deactivator module - Tilt-up cargo mount for Ford Utility/extends all the way to rear cage N E/Z Rider K9 platform unit for Interceptor s SUV w/3"cut - Small rubber mat a - 3-LED surface mount lighthead, clear lenses, red(kennel) - 3-LED surface mount light head, clear lens, white (kennel) - Tactical K9 deployment & heat alert system w w/pager = - 7" 12 Volt kennel fan v - F-series cellular dialer - 601b gas shock for door w/ends Q - Window tint-Limo, all rear windows - 6-inch 24 LED Red/White dome light-3 a position switch on hatch. o - Interceptor switch module #1-3, Prgm 44 .. momentary 5 - Foot mic for XTL5000 radio w. 2217t cable w i Note: 3 switches for the kennel lights: 1 on the l s console, 1 on driver side near rear door, and 1 on > steering wheel button(red only). ° Secure idle button, flood lights, and computer c turn-on (constant B+) on faceplate with I USB 1° and 1 Cig rec. Steering wheel buttons: #1=flood, #2 Code 3, _ #3-Kennel light (red only), and #4=PTT for c radio `0 a� 2 hidden buttons for weapon release, I-drive, and 1 passenger. Mount F3 K9 display above head an smart siren a- controller in console Fabrication (K9 only)- -- ----- E s R a ll Packet Pg.290 15.b w Aluminum leash holder E a CATEGORY H W CD Install Emergency Equipment into new Ford 2 Interceptor Sedans a - 44" Valor Red/Blue light bar - Smart Siren Platinum(overhead) c - Federal Signal MS4000 Undercover, 100W Air R horn with remote - Federal Signal ES 100 Speaker w/o bracket - Speaker mount - Low-profile console with computer mounting studs. To include Code-1/Secure Idle, Flood N light, and computer turn on switches. s - 4" Internal beverage holder with grommets 3 - Secure Idle for Ford Sedan a - Push bumper for Ford Sedan Interceptor - Wrap around bumper for Ford Sedan Interceptor - 150 Amp Breaker - Fuse Block St Blade 6 Circuit - Fuse Block StBlade 12 Circuit with w ground/cover - 250 AMP relay with built in power tamer (TOP H.A.T.) - Window bars for rear windows a - Door panels for rear of Sedan - 50%Polycarb, 50% Square-hole punched design —a° recessed back panel c - Partition mounting kit for Ford Interceptor Sedans a - 3-piece kick panel with Big-Foot pockets W - Charcoal Grey ABS, standard seat with straight back and outboard seatbelts f - 6-LED Surface mount lighthead, Black 0 (amber/blue)—trunk lid - Federal Signal single L-brackets �o r y - Red/blue 6-LED surface mount lighthead (on mirror) - Two head in-line corner LED system N (clear/clear)-headlights - Two head in-line corner kit (clear/clear) tail j lights a- - - Spacer kit for Micropulse - Santa Cruz gun lock S-CI with standard key a 12 Packet Pg.291 15.b 0 - Santa Cruz gun lock SC-5 handcuff style- d standard key E - Butt plate dual for weapon - Gun lock timer; 2 buttons under driver and W passenger for release 2 - Litlite, 12"RHEO, end chas maplight - 3/4"Hole NMO Style brags MT with 17"RG58U > w &No connector o c - Fan for rear trayg r - Universal trunk organizer R - 3-outlet 12 volt receptacle N Fabrication- - Overhead mount for siren controller c - Mount for docking station a - Rear fold down tray with ventilation - Dual gun rack with adjustable AR Lock a Install customer supplied radio modem with antenna r� and docking station. N Z W U Q H H Q ai v 0 a L O W .2- W W C' 0 r- 0 R cc N 10 L V 3 a. SECTION III. d E a 13 Packet Pg. 292 15.b BID CONTENT AND FORMS E a .3 a W as t as 0 c 0 R R N C C t6 d N t0 L V L 3 a M 0 Lo F Z W F- H Q ai v 0 a L 0 Q. a W r m 0 C 0 R r A. BID FORMAT AND CONTENT = 1. Presentation t° a� N R Bids should not include any unnecessarily elaborate or promotional L material. Information should be presented in the order in which it is a requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Bids shall contain the following q 14 Packet Pg. 293 ■rr� 15.b c d a. identification of Bidder, including name, address and telephone; a b. proposed working relationship between Bidder and subcontractors, w if applicable; 2 M d C. acknowledgment of receipt of all RFQ addenda, if any; 0 C d. name, title, address and telephone number of contact person ° during period of bid evaluation; 2 N e. a statement to the effect that the bid shall remain valid for a period ` of not less than 120 days from the date of submittal; and tZ a� f. signature of a person authorized to bind Bidder to the terms of the s bid. a Bidder may also propose enhancement or procedural or technical M innovations to the Technical Specifications which do not materially CO deviate from the objectives or required content of the project. Z w x 2. Exceptions/Deviations a State any exceptions to or deviations from the requirements of this RFQ, a stating "technical" exceptions on the Technical Specifications form, and "contractual" exceptions on a separate sheet of paper. Where Bidder o wishes to propose alternative approaches to meeting the City's technical a or contractual requirements, these should be thoroughly explained. '° a a LU t d 0 c 0 R R Y 3. Qualifications, Related Experience and References of Bidder E This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of s a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of a. meeting schedules on similar projects; and supportive client reference. Bidder shall: E L U w a 15 Packet Pg. 294 15.b c m a. provide a brief profile of the firm, including the types of services a offered; the year founded; form of the organization (corporation, a partnership, sole proprietorship); number, size and location of W offices; number of employees; d b describe the firm's experience in performing work of a similar nature > to that solicited in this RFQ: ° _ 0 r C. provide, as a minimum, three (3) references from current customers of a similar size as the City as related experience; reference shall N furnish the name, title, address and telephone number of the person(s) a the client organization who is most knowledgeable about the work performed. N 4. Appendices a Information considered by Bidder to be pertinent to this RFQ and which M has not been specifically solicited in any of the aforementioned sections Ln may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and w brief. B. LICENSING AND CERTIFICATION REQUIREMENTS a By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and a specifications of this RFQ are currently held by bidder, 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 response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may W be reiected. i w 0 0 r R R C. COST AND PRICE FORMS c _ Bidder shall complete the Cost/Price Form in its entirety including: 1) all items listed and total price; 2) all additional costs associated with performance of R specifications; and 3) Bidder's identification information including a binding U signature. a E 4 16 Packet Pg. 295 • L Bidder shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days". Payment due dates, including E discount period, will be computed from date of City acceptance of the required s services or of a correct and complete invoice, whichever is later, to the date W City's check is mailed. Any discounts taken will be taken on full amount of 2 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. 2 N _ _ cC N fA L V L a M 0 H Z W oU Q H H a 0 a L 0 a W r as w 0 _ 0 R PRICE FORM _ REQUEST FOR RFQ: RFQ F-17-04 o DESCRIPTION OF RFQ: Install Emergency Equipment in Police Vehicles a BUSINESS NAME/ADDRESS: E a U Caa 17 Packet Pg.296 0 C d E Q 7 LIJ d V NAME AUTHORIZED REPRESENTATIVE > 4 0 c 0 w R TELEPHONE: N c EMAIL: _ a� FAX: Provide pricing that is a Firm Fixed Price a M r O til r H Z W Equipment, Labor and Shipping $ a .o 8.25% SALES TAX: $ a 0 w 22- 0 TOTAL: $ W 0 0 ca r c �o m 0 cc t U 0 a r d E if 18 Packet Pg.297 15.b L c PRICE LIST (continued) a a Are there any other additional or incidental costs, which will be required by your firm in W order to meet the requirements of the Technical Specifications? Yes / No 2 (circle one). If you answered "Yes", please provide detail of said additional costs: a 0 C 0 r ca R w c Please indicate any elements of the Technical Specifications that cannot be met by your firm. H U L a. M 0 Have you included in your bid all informational items and forms as requested? Yes / No (circle one). If you answered "No", please explain: W U Q H H Q ai v This offer shall remain firm for 120 days from RFQ close date. 0 L Terms and conditions as set forth in this RFQ apply to this bid. a Cash discount allowable % days; unless otherwise stated, payment terms w are: Net thirty (30) days. In signing this bid, Bidder warrants that all certifications and documents requested o herein are attached and properly completed and signed. 0 v From time to time, the City may issue one or more addenda to this RFQ. Below, N please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. a� L I.L c W E o Q 19 Packet Pg.298 15.b PRICE LIST (continued) m E 0. Verification of Addenda Received W Addenda No: Received on: 2 Addenda No: Received on: Addenda No: Received on: > 0 c 0 r R This bid has been reviewed and found to be correct and final. The undersigned is authorized to providing pricing: AUTHORIZED SIGNATURE: d N t6 t PRINT SIGNER'S NAME AND TITLE: a.M Ln 0 DATE SIGNED: Z COMPANY NAME & ADDRESS: W PHONE: FAX: a EMAIL: Web Address: 0 0 w .3 a IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: W z W 0 r- 0 R R rn c c _ m N R Z V L a r c d E 0 20 Packet Pg. 299 di 15.b SUBCONTRACTOR'S LIST E S As required by California State Law, the General Contractor bidding will s hereinafter state the subcontractor who will be the subcontractor on the job for W each particular trade or subdivision of the work in an amount in excess of one- half of one percent of the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in ° r excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. _ M DIVISION OF NAME OF FIRM OR LOCATION y WORK OR CONTRACTOR CITY TRADE a M 0 H Z W U Q F— H ai v 0 a Print Name Signature of Bidder a a Company Name: W r Address; 0 a 0 REJECTION OF BIDS r The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by m law, if to do seems to best serve the public interest. N o 0- E E L U a Q 21 Packet Pg. 300 i NON - COLLUSION AFFIDAVIT E .3 a TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO d In accordance with Title 23, United States Code, Section 112, the undersigned d hereby states, under penalty of perjury: c _ 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 bidding in connection with RFQ F-17-04. Business Name N t6 t Business Address L a Signature of bidder X M 0 LO H Place of Residence w Subscribed and sworn before me this day of , 20_. a Notary Public in and for the County of , State of a California. L- 0 EL My commission expires , 20 a w t m w 0 c 0 r ca N _ _ t0 N N t V i 7 a a E 22 Packet Pg.301 15.b L W bd E W V SECTION IV. > 0 GENERAL SPECIFICATIONS 0 2 fA C C O fn R t V L a M 0 H Z w U Q H H Q ai v 0 a L 0 4- L W t m O C O R r H C C d N R L U L 7 a IV. GENERAL SPECIFICATIONS 0 E 0 Y Q 23 Packet Pg. 302 c m 1. Each bid shall be in accordance with Request for Quotes (RFQ) Number F-17-04. E a All specifications are minimum. Bidders are expected to meet or exceed these s specifications as written. Bidder shall attach to their bid a complete detailed w 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 requirements, 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 whom best meets the City's requirements. This may include waiver of minor irregularities or discrepancies, or nonconformity to specifications in N 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 N and record, durability and known operational record of product and suitability as well s as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 0- 3. 3. The City of San Bernardino reserves the right to purchase more or less than the M quantities specified at unit prices bid. 0 4. Bids shall be firm offers, subject to acceptance or rejection within 120 days of the opening thereof. 5. Regular dealer. No bidder shall be acceptable who is not a reputable manufacturer w 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 a produced by use of the current manufacturing processes. "Seconds", factory rejects, and substandard goods are not acceptable. o 7. Each bidder shall submit with their bid a copy of the proposed product specifications, o complete detailed drawings, and other descriptive matter in sufficient detail to clearly Q describe the equipment, materials and parts offered. 3 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability w 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 w equipment or any item furnished under the contract. 0 9. Each bidder must state in their bid the guaranteed delivery date of product and/or o 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 N prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. _ 10. Each bidder shall list in their bid all factory, manufacturer's and/or dealer's warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached to the bid. 11. Successful bidder(s) (Contractor) shall furnish and deliver to the City complete a equipment as bid and awarded, ready for installation and fully equipped as detailed in these specifications. E 4 24 Packet Pg. 303 15.b 0 w 12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and shall include all discounts. Bid shall include California sales tax, E a. where applicable, (effective January 1, 2013) computed at the rate of 8.25%, (this M will normally be shown as a separate line item on the price form). W 13. City shall make payment within thirty (30) days after the complete delivery and 2 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. Bidders furnishing bids under these 8 specifications shall supply all items advertised as "standard" equipment even if such 2 items are not stipulated in the specifications, unless otherwise clearly accepted in the bid. 15. The items which the bidder proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, whether such safety features and/or items d have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to these RFQ specifications shall guarantee that equipment meets specifications as set forth herein. If it is found that a equipment delivered does not meet requirements of these specifications the ; Contractor shall be required to correct the same at their own expense. o 17. By submitting a bid, each bidder 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, W ascertain the actual damage which the City will sustain in the event of and by reason of such delay. v 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 a the control of the Contractor, the time for delivery may be extended (in the City's 6 sole discretion) by a number of days to be determined in each instance by mutual 0 a. written agreement between the Contractor and the Purchasing Manager of the City L of San Bernardino_ The City shall not unreasonably refuse such extension. 2 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 W constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the price bid and in complete accordance with all > provisions of RFQ No. F-17-04. In most cases the basis of award will be the City's o standard purchase order that may or may not incorporate this solicitation by o reference. o �o _ a� �a 20 Prohibited interest. No member, officer, or employee of the City or of any agency of 2- the City during his tenure or for one year thereafter shall have any interest, direct or a 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 z a 25 Packet Pg. 304 15.b of the City has any interest, whether contractual, non-contractual, financial or a otherwise, in this transaction, or in the business of the contracting party other than a the City, and that if any such interest comes to the knowledge of either party at any a time, a full and complete disclosure of all such information will be made in writing to w the other party or parties, even if such interest would not be considered a conflict of 2 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 notice inviting bids, RFQ F-17-04, the o 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, N 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 a section shall be construed as applying to all sections. M 22. The City of San Bernardino reserves the right to accept or reject any and all bids. o 23. Prompt payment. Each bidder 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 w 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 Vanessa Slouka at 909-384-5346. Technical a questions may be sent via fax to 909-384-5043. The answers to material questions will be provided to all potential bidders. o 25. Bid/Price forms. No bid will be acceptable unless prices are submitted on the a pricing forms furnished herein, and all required forms are completed and included w with bid. Deliver all bids, SIGNED and SEALED, to the Purchasing Division, Finance Department at 300 North "D" Street, 4t" Floor, City Hall, San Bernardino, California w 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE: INSTALL J� EMERGENCY EQUIPMENT IN POLICE VEHICLES and Number F-17-04 ON THE > OUTSIDE OF THE ENVELOPE. o 26. Time. All bids must be received in the Purchasing Division no later than 3:00 PM, c PST, March 1, 2017, where at such time and said place bids will be publicly opened, R examined and declared. Any bid may be withdrawn by bidder prior to the above r scheduled time for the opening of bids. Any bid received after that time and date = specified shall NOT be considered. cc a� 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 a contract for furnishing and delivering of all equipment and/or services in all categories. 26 Packet Pg. 305 L 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. E 29. In submitting a bid to a public purchasing body, the bidder offers and agrees that if 5 the bid is accepted, it will assign to the purchasing body all rights, title, and interest w in and to all causes of action it may have under Section 4 of the Clayton Act (U.S.C. 41 Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases > of goods, materials, or services by the bidder for sale to the purchasing body o pursuant to the bid. Such assignment shall be made and become effective at the 2 time the purchasing body tenders final payment to the bidder. 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 C Contractor's performance of this agreement, except that such duty to indemnify, d 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 a on behalf of the City shall be considered as "attorney's fees"for the purposes of this ; paragraph. o 31. While not restricting or limiting the foregoing, during the term of this Agreement. Ln Contractor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of$1,000,000 combined single limit, w and statutory worker's compensation coverage, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. a The policies shall name the City as an additional insured and shall provide for ten (10) day notification to the City if said policies are terminated or materially altered. a 32. FAITHFUL PERFORMANCE BONDIBID BOND. The GGRtFaGt9Fwi11 be requiFed to a� U furnish a n-:;6hier'6 nheGk+ nertified nheGk er faithful performance bond / bid bond O made payable to the Gity of San BemaFdine in an amount equal to 0 0 d the bid priee to inSUFe the GentrartOF'S faithful peFf8ffnaneae 9f this eentFact. Said O r- surety shall be subjecA te the appFaval of the Gity of San Bernardino, bonds shall be i2. icavn or.nyerdanne with Ordinance No 821 Senen 7Ann and the nrnnFatien 'oninn � iri t tir. uJ said bond shall have a rating in Best's mnct repent iRSUFanne guide of 1°A" OF better � 33. Written contract documents, duly authorized and signed by the appropriate > authority, constitute the complete and entire agreement(s) that may result from the o RFQ. o 34. City may, at its discretion, exercise option year renewals for up to three (3) years, in one-year increments. 35. By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and i specifications of this RFQ are currently held by bidder, and are valid and in full force a and effect. Copies or legitimate proof of such licensure and/or certification shall be aD E U 18 .2Q 27 Packet Pg. 306 included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. E 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 w the City, obtain and maintain a valid City Business Registration Certificate during the term of the Agreement. 37 Vendor (Contractor)/ Consultant services agreement(s) (VSA/CSA). A signed > vendor/Consultant service agreement may be required between both parties prior to 0 commencement of the job. o _ _ a� r a M 0 F Z W H H Q ai V O a 0 w a a W t m O _ O r c0 r.+ y _ _ tv G1 fn t V 3 0- E E 9 Packet Pg. 307 15.c IDSMP,DBA: Estimate ,o INNOVATIVE EMERGENCY c EQUIPMENT Date Estimate# d 1616 Marlborough Ave.#S-1 — a 5/12/2017 1380 3 Riverside,CA 92507 U (951)222-2270 W ID m Name/Address c CITY SAN BERNARDINO PI) c 710N.DST SAN BERNARDINO,CA.92401 R rn c M c R a� Project t U L IL Description Qty Rate Total eh LABOR 70.00 PER HOUR 8 70.00 560.00 TO INSTALL THE FOLLOWING COMPONENTS INTO A FORD FUSION N H FRONT: Z W BRACKET,HDLNBKT-SEDAN 1 55.00 55.00 MR6 RED WITH SURFACE/HOOD MOUNTED BRACKETS 1 71.16 71.16T = MR6 MULTI-COLORED LIGHT RED/BLUE 1 82.88 82.88T Q IOOW SPEAKER W/UNIVERSAL MOUNTING BRACKET 1 155.25 155.25T ~ CUSTOM SPEAKER BRACKET 1 32.50 32.50T Q REAR: CHASE LED LIGHT,(6)BLUE AND(6)AMBER LEDS 1 81.00 81.00T O L-BRACKET FOR REAR LIGHT TO BE MOUNTED OFF 1 15.00 15.00T 0- PACKAGETRAY Lp INTERIOR: sz ROTARY SWITCH(SIREN CONTROLLER)WITH LED 1 75.00 75.00T :s INDICATOR.MOMENTARY AIR HORN W REMOTE SIREN CONTROLLER 200 WATT 1 197.34 197.34T = m MISC: 50 AMP RESETTABLE CIRCUIT BREAKER 1 29.81 29.81T c MISC.PARTS,WIRE,ZIP TIES,CLAMPS,FASTENERS,SPLIT 1 80.00 SO.00T LOOM,RELAYS,ETC. 6 POSITION MARINE FUSE BLOCK W/NEGATIVE BUS AND 1 27.06 27.06T is COVER N c 'SWITCH TO BE MOUNTED ON CONSOLE ON REAR SIDE OF CUPHOLDERS WITH INDICATOR AND A/H BUTTON ca Sales Tax 8.75% 8.75% 74.11 m N ca L V L a c Total $1,536.11 a Packet Pg.308 15.c IDSMP, DBA: Estimate INNOVATIVE EMERGENCY EQUIPMENT Date Estimate# 0 1616 Marlborough Ave.#S-1 a Riverside,CA 92507 5112/2017 I381 a (951)222-2270 w a2 a� Name I Address 0 CITY SAN BERNARDINO PD C 710 N.D ST SAN BERNARDINO,CA.92401 is to c _ ca m Project t v a Description Otyr Rate Total LABOR 70.00 PER HOUR 10 70.00 700.00 TO INSTALL THE FOLLOWING EQUIPMENT ALONG WITH Ln-- CUSTOMER SUPPLIED DOCKING MOUNTING SOLUTION, N RADIO1MDC Z W 47'2100 RSO SPEC.LIGHTBAR WITH 3 T.D,LED ALLEYS, 1 1,076.85 1,076.85T TR9 HEADS WITH NEW SOFTWARE FOR NEW STYLE CONTROLLERS(FORM 11)*ALL AMBER* DOMINATOR TRAFFIC ADVISOR,TIR3 SUPER-LED.TAD 1 136.19 136.19T SERIES CONTROL HEAD ONLY WITH 3 AUX SWITCHES Q HALOGEN GO RHINO WITH JOYSTICK CONTROLS 1 234.00 234.00T CUSTOM RISER FOR THE GO LIGHT TO BE MOUNTED 1 69.00 69.00T v ABOVE LIGHTBAR TO MAXgvffZE VISIBILITY(stainless) .O CL MISC: Hi-AMP BUSSMAN CIRCUIT BREAKER 50 AMP 1 29.85 29.85T a MISC.PARTS,WIRE,ZIP TIES,CLAMPS,FASTENERS.SPLIT 1 80.00 80.00T LOOM,RELAYS,ETC. 6 POSITION MARINE FUSE BLOCK WJ NEGATIVE BUS AND 1 27.06 27.06T w COVER s Sales Tax 8.75% 8.75% 144.63 j O _ 0 �a is H C C d N t6 L V 7 a. Total $2,497.58 E 9 Packet Pg. 309 15.d • 'o 1 RESOLUTION NO. _ 2 E RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN 2- 3 BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A VENDOR w SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND d 4 INNOVATIVE EMERGENCY EQUIPMENT AND THE ISSUANCE OF A 5 PURCHASE ORDER IN THE AMOUNT OF $251,000 > 0 6 WHEREAS,the City of San Bernardino is authorized to use the lowest bidder from o RFP F-17-04. I 7 N NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON S 8COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: c 9 SECTION 1. The City Manager is hereby authorized to execute a Vendor Service 10 L Agreement between the City of San Bernardino and Innovative Emergency Equipment, a copy a 11 12 of which is attached hereto and incorporated herein by this reference as Exhibit"A." 13 SECTION 2. The Director of Finance is hereby authorized to issue a Purchase Order z w 14 to Innovative Emergency Equipment in the amount of$251,000.00. Q 15 SECTION 3. Approval of this Purchase Order and three optional years shall be a 16 contingent upon funds being appropriated and approved in the City's annual budget for this 17 a 18 expenditure. 2 19 r 20 /// > 21 ° 22 23 24 25 III L 26 /J/ a. 27 28 a 1 Packet Pg. 310 15.d 1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A VENDOR E 2 SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND E INNOVATIVE EMERGENCY EQUIPMENT AND THE ISSUANCE OF A 5 3 PURCHASE ORDER IN THE AMOUNT OF $251,000 w a) 4 s a) 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor c c 6 0 and Common Council of the City of San Bernardino at 7 y meeting thereof, held on the day of , 2017, by the following vote, 8 to wit: 9 N cC L 10 Council Members: AYES NAYS ABSTAIN ABSENT a 11 MARQUEZ M 12 BARRIOS M 13 z 14 VALDIVIA 15 SHORETT a 16 NICKEL 17 RICHARD a. 0 I8 MULVIHILL 19 w s 20 > 21 Georgeann Hanna, CMC, City Clerk 4.. 0 r 22 The foregoing Resolution is hereby approved this day of , 2017. �v 23 24 _ R. Carey Davis,Mayor 25 City of San Bernardino L 26 Approved as to form: a. 27 Gary D. Saenz, City Attorney E 28 By_ .. 2 Packet Pg. 311 15.d VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO o AND INNOVATIVE EMERGENCY EQUIPMENT FOR THE INSTALLATION OF = SAFETY EQUIPMENT IN NEW VEHICLES E a This Vendor Services Agreement is entered into this_day of by and w between Innovative Emergence Equipment("VENDOR")and the City of San Bernardino, California ("CITY" or"San Bernardino"). w WITNESSETH: 0 r- 0 WHEREAS, the Mayor and City Council has determined that it is advantageous and in a the best interest of the CITY to contract for the purchase and installation of Police safety equipment in 28 Ford vehicles owned by the San Bernardino Police Department; ` M NOW THEREFORE,the parties hereto agree as follows: y 0 1. SCOPE OF SERVICES. For the remuneration stipulated, CITY hereby engages the services of VENDOR to a provide those products and services as set forth in Innovative Emergency Equipment's proposal to CITY public bid F-17-09 (dated February 13, 2017) and approved Vendor quotes#1380&#1381 (dated May 12,2017). ., z W 2. COMPENSATION AND EXPENSES. x a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of S 251.000.00. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 0 3. TERM; TERMINATION. a L The term of this Agreement shall be for a period of one year. ,0- This Agreement may be terminated at any time by thirty (30) days' written notice by a 0 either party. The terms of this Agreement shall remain in force unless mutually amended. The w duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. 0 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, o 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 N 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 y 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 a r c a� E VehicleEquipmentPurchase.Attach 3 Exh A w a Packet Pg. 312 15.d 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 a indemnity against the City, its elected officials, employees, agents or representatives, with 5 respect to third parry claims against the Vendor relating to or in any way connected with the w accomplishment of the work or performance of services under this Agreement. d 5. 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 statutory worker's compensation coverage, 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 at least 30 days prior to any N change in or termination of the policy. 6. NON-DISCRIMINATION. a 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, M ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or w sexual orientation,or any other status protected by law. 7. INDEPENDENT CONTRACTOR. � VENDOR shall perform work tasks provided by this Agreement, but for all intents and a purposes VENDOR shall be an independent contractor and not an agent or employee of the 43 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 'o Income Tax, Social Security, State Disability Insurance Compensation, Unemployment a Compensation, and other payroll deductions for VENDOR and its officers, agents, and ° employees, and all business license, if any are required, in connection with the services to be 3 performed hereunder. w s a 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain prior to execution of this Agreement, C and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and c any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. N _ 9. NOTICES. _ Any notices to be given pursuant to this Agreement shall be deposited with the United N States Postal Service,postage prepaid and addressed as follows: a a 2 E Affk VehicleEquipmentPurchase.Attach 3 Exh A �? Packet Pg.313 15.d TO THE CITY: TO THE VENDOR: ,o Mark Scott, City Manager James Wood,President a 300 North"D" Street Innovative Emergency Equipment San Bernardino, CA 92418 1616 Marlborough Ave.,Unit S-1 W Telephone: (909) 384-7272 Riverside, CA 92507 2 Telephone: (951)222-2270 10. ATTORNEYS' FEES 8 In the event that litigation is brought by any party in connection with this Agreement,the c 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 N 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 N purposes of this paragraph. 11. ASSIGNMENT. a 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 M and shall constitute a breach of this Agreement and cause for the termination of this Agreement. z 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. F Q 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this •o Agreement shall be tried and litigated either in the State courts located in the County of San a 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 .2- mandatory 2mandatory and not permissive in nature. W d 13. GOVERNING LAW. > This Agreement shall be governed by the laws of the State of California. o 0 14. SUCCESSORS AND ASSIGNS. —° This Agreement shall be binding on and inure to the benefit of the parties to this N Agreement and their respective heirs,representatives, successors, and assigns. M s a c m 3 t VehicleEquipmentPurchase.Attach 3 Exh A r a Packet Pg. 314 15.d 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 E a provisions. a w 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 > enforceability of the remaining terms and provisions hereof or of the offending provision in any c other circumstance, and the remaining provisions of this Agreement shall remain in full force o r and effect. �a r c 17. REMEDIES; WAIVER. — All remedies available to either party for one or more breaches by the other party are and r- shall be deemed cumulative and may be exercised separately or concurrently without waiver of N any other remedies. The failure of either party to act in the event of a breach of this Agreement cc 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. n. M r 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 matter of z this Agreement. This Agreement may be modified or amended only by a written instrument w executed by all parties to this Agreement. 1JJ a d 111 0 a L lJI n 111 w s d HI 0 r- 0 0 J1J � c JJl d 11J L n. c 4 E VehicleEquipmentPurchase.Attach 3 Exh A 0 Packet Pg. 315 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO o AND INNOVATIVE EMERGENCY EQUIPMENT FOR THE INSTALLATION OF SAFETY EQUIPMENT IN NEW VEHICLES E a .3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day W and date set forth below. Dated: , 2017 VENDOR. 0 0 ca By: �_......___ Its: _ m R Dated , 2017 CITY OF SAN BERNARDINO a M By City Manager M z Approved as to Form: W ® Gary Saenz,City Attorney = U a H H a By: 0 0- L- 12 LO Q t7 W L d 0 r- 0 0 ♦+ R w N _ _ t0 d N f0 L U 7 0- (D(D 5 E VehicleEquipmentPurchase.Attach 3 Exh A U a Packet Pg.316 This Page Is left Intentionally Blank