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HomeMy WebLinkAbout3LPurchaseHandgunsHolstersLightsCITY OF PETALUNIA, CALIFORNIA AGENDA BILL Agenda Title: Resolution Authorizing the Police Department to Purchase Replacement Police Handguns, Holsters, and Lights in the Amount of $53,894.83 31 February 25, 2008 Meeting Date: February 25, 2008 Meeting Time: N 3:00 PM ❑ 7:00 PM CategorV: ❑ Presentation ® Consent Calendar ❑ Public Hearing ❑ Unfinished Business ❑ New Business Deaartment: I Director: I Contact Person Police Stev Hol ti Cost of Proposal: $53,894.83 Amount Budgeted: $54,000.00 Attachments to Agenda Packet Item: A. Resolution B. Selected Vendor Bid Summary Statement: Mike Cook Phone Number: 778-4368 Account Number: 4000-53020 Name of Fund: Supplies and Services The duty weapons currently issued by the Petaluma Police Department are more than ten years old and must be replaced. The duty weapons have well exceeded their expected lifetime and are beginning to experience increased malfunctions. After extensive testing, the Police Department selected Glock Model 22 and 23 pistols as a replacement for the current weapons. The Petaluma Police Department is requesting authorization to purchase replacement duty weapons funded by a mid -year budget adjustment to the supplies and services account. Recommended Citv Council Action/Suggested Motion: Adopt the resolution authorizing the purchase. Reviewed by -Admin. Ad�,�.c_Svcs. Dir: Reviewed by City Attornev: no Date „ ,/tel � 1 U� Date: Rev. # Date Last Revised: January 30, 2008 File: Aauroved bwelty a ager: Date: k CITY OF PETALUMA, CALIFORNIA FEBRUARY 25, 2008 AGENDA REPORT FOR Resolution Authorizing the Police Department to purchase replacement Police Handguns, Holsters, and Lights in the Amount of $53,894.83 1. EXECUTIVE SUMMARY: The duty weapons currently issued by the Petaluma Police Department are more than ten years old and must be replaced. The duty weapons have well exceeded their expected lifetime and are beginning to experience increased malfunctions. After extensive testing, the Police Department selected Glock Model 22 and 23 pistols as a replacement for the current weapons. The Petaluma Police Department is requesting authorization to purchase replacement duty weapons funded by a mid -year budget adjustment to the supplies and services account. 2. BACKGROUND: 'Tile police service pistols currently issued by the Petaluma Police Department are more than ten years old, most having been issued in January of 1996. The current duty weapons have exceeded their expected lifespan, and are now beginning to experience a higher rate of malfunctions than is acceptable. The Petaluma Police Department conducted extensive testing of six (6) different brands of pistols in more than ten (10) different models and/or configurations. The Department is recommending the purchase of Glock Model 22 and 23 pistols in .40 caliber. The recommendation is based on the reliability, safety, ergonomics, price and warranty associated with these pistols. Pistol technology has improved dramatically in the ten years since the Police Department last purchased weapons. The new pistols are now built with polymer frames that are corrosion resistant and 86% lighter than older steel frames. Three separate safety's are incorporated into the new pistols and the pistol is far simpler to operate than our current pistols. The new pistols will also be equipped with L.E.D. lights that attach to the front of the pistol itself The addition of pistol mounted lights will dramatically improve officer safety, allowing officers to use proper lighting in low -light situations such as night time encounters and building searches. The holsters currently used by officers are beyond their service life and no longer provide proper function or weapon retention. Holsters are weapon specific and for proper fit and safety it is necessary to replace holsters at the time of purchase of new weapons. New "triple safety" holsters will replace the aging holsters purchased with the previous pistols. 0 3. ALTERNATIVES: Decline the purchase of new pistols. 4. FINANCIAL IMPACTS: Total purchase cost for handguns, holsters, and lights is $53,894.83. 5. CONCLUSION: The function and reliability of the police issue duty weapons is of great importance. The purchase of new police duty firearms will improve both the function and reliability of police duty weapons. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: The department will purchase and implement the new duty issue firearms. RECOMMENDATION: Adopt the resolution authorizing the purchase. 0 A� cti ch th r r.t� 'A Resolution No. N.C.S. Of the City of Petaluma, California Resolution Authorizing the Police Department to Purchase Replacement Police Handguns, Holsters, and Lights in the Amount of $53,894.83 WHEREAS, the police handguns currently used by the City of Petaluma Police Department are more than ten years old; and, WHEREAS, the police handguns currently in use are malfunctioning at an unacceptable rate; and, WHEREAS, the City of Petaluma has detennined that L.C. Action Police Supply, San Jose, CA, provided the lowest bid for this equipment purchase; NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the purchase of replacement police handguns, holsters, and lights from L.C. Action Police Supply, San Jose, CA, in the amount of $53,894.83 Under the power and authority conferred upon this council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approve as to Council of the City of Petaluma at a Regular meeting on February 25, 2008, form: By the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk City Attorney Mayor Resolution No. NCS CITY OF PETALUMA, CALWORNIA INVITA TION TO BID Police Handguns, Holsters, and Lights BID DATA COMMODITY TITLE: BUYER: BUYER TELEPHONE: ISSUE DATE: DAY/DATE: TIME: LOCATION/ MAIL ADDRESS: BID CONTENTS k1�c. Cid. CLIC R� p� Purchasing Office Finance Department Steven Carmichael, Directorof Admin Services 08-007 Police Handguns, Holsters, and Lights Sue Simmons 707-778-4322/Fax 707-778-4428 Tuesday, January 29, 2008 2:00 PM City Clerk's Office City of Petaluma I 1 English Street Petaluma, CA 94952 Section A: Instructions to Bidders Section B. Terns and Conditions Section C. Bid Section D. Specifications Section E. Exceptions to Specifications Section F. Additional Information Sealed written responses must be received at the address above no later than the date, time and location indicated for the Bid Opening. Submittal by fax is not acceptable. Do not mail bids to purchasing Office. ITB # 08-007 L.C. ACTION POLICE SUPPLY 1088 NORTH FIRST STREET SAN JOSE, CA 95112 (408)294-2("(7 fdng0 004..(444 FAX 1/312008 5 SECTION A INSTRUCTION TO BIDDERS THIS IS NOT AN ORDEIL BUT AN INVITATION FOR BID. General: This Invitation to Bid (ITB) serves as a notice inviting bids in accordance with Petaluma Municipal Code 4.04.080. The City of Petaluma is seeking bids for the following: ITS 08-007 Police Handguns, Holsters, and Lights A firm fixed price purchase order will be issued for Police Handguns per specifications, temis and conditions, and other provisions outlined below. 1. Bid Preparation A Bid format: Bids must be typewritten or prepared in ink and must be submitted on the forms provided in this Invitation for Bid. No oral, telegraphic, telephone or facsimile bids will be accepted. B. Conformance to bid requirements: Bids must conform to the requirements of the Invitation for Bid. All necessary attachments (certifications, bid bond, list of subcontractors, etc.) must be submitted with bid and in the required format. Failure to comply with all requirements may result in bid rejection. C. Exceptions: Any deviation from the bid specifications, plans, terms and conditions may result in bid rejection. D. Signature on bid: Bids must be signed in ink by an authorized representative of the bidder. Signature on a bid certifies that the bid is made without connection with any person, firm or corporation making a bid for the same project and is in all respects fair and without collusion fraud. Signature on the bid also certifies that bidder has read and fully understands all bid specifications, plans, terms and conditions. E. Modifications: Modifications or erasures made before bid submission must be initialed in ink by the person signing the bid. Bids, once submitted may be modified in writing before the time and date set for bid closing. Any modifications shall be prepared on company letterhead, signed by an authorized representative and state the new document supersedes or modifies the prior bid. Modification must be submitted in a sealed envelope clearly marked "Bid Modification" and identifying the ITB number and closing date. Bidders may not modify bids after the bid deadline. F. Bid withdrawals: Bids may be withdrawn in writing on company letterhead signed by an authorized representative and received by the City Clerk's office prior to the deadline. 1TB # 08-007 L.C. ACTION POLICE SUPPLY 1083 NORTH FIRST STREET SAN JOSE, CA 95112 (40PI 2Q!-?, -.7 Hn") 201-6444 FAX 1/3/2008 91 Bids may be withdrawn in person before bid closing time upon presentation of appropriate identification. 2. Bid Submission Bids must be received prior to the deadline noted on the cover sheet and below. No bid received after the deadline time and date will be considered. To assure vour bid is nrpnerly received, note the TIB number (08-0071 date and time of the deadline in the lower left hand corner of your envelope. 3. Bid opening. The bids received will be opened after the 2:00 P.M, deadline on Tuesday,, January 29, 2008. 4. Bid Evaluation and Award A Award of Purchase or Contract: Purchases or contracts shall be awarded to the lowest responsible bidder. In determining the lowest responsive and responsible bidder, the following shall be taken into consideration: I. The quality, suitability and efficiency of the item; 2. The total life cycle cost of the equipment; 3. The delivery, discount terms and ail other conditions submitted in the bid; 4. The reputation of the equipment, the service reputation of the bidder, and all other information and data required to prove the responsibility of the contractor. B. The City Council shall reserve the right to reject any or all bids in whole or in part and may waive any irregularities or informalities in any bids. 5. Results of the TIB: A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after bid opening. 6. If you have any questions pertaining to the material contained herein, contact Sue Simmons, Commercial Services Manager, 707-7784322- 7- The deadline for submitting bids is 2:00 PM on Tuesday. January 29.2008, at the City of Petaluma. Clerk's office. City Ball. ii Enalish Street. Petaluma CA 94952. Do not send bids to the Purchasfnz Office. 8_ SECTIONS C Bid). D (Specitiicatiops). E (Exceptions to Sueci6rations), and F (Additional information) ARE TO BE COMPLETED IN FULL AND SUBMffTED. Failure to complete all sections, submit all required information prior to the deadline will result in your bid not being considered for evaluation. Please retain SECTIONS A be B. ' ITB # 08-047 3 11312008 L.C. ACTION POLICE SUPPLY 1088 NORTH FIRST STREET SANJOSC. CA 45112 0 SECTION B TERMS AND CONDITIONS 1. DEFINITIONS: "Contract" means the entire written agreement between the parties, including but not limited to the Invitation to Bid or Request for Quotation and its specifications, terms and conditions; instructions to bidders; change notices, if any; the accepted bid; and the purchase order or price agreement document: "Contractor" means a person or organization with whom the City of Petaluma has contracted for the purchase of equipment, material and supplies. "City„ means the City of Petaluma, California. 2. STANDARD AND SPECIAL TERMS AND CONDTTMONS: The terms and conditions on these pages are standard to City contracts for the purchase of equipment, materials and supplies. There may also be special terns and conditions in an Invitation to Bid or Request for Quotation which apply only to this contract. 3. MATERIAL AND EOU PMENT SPECIFIED By NAM•; Whenever any material or equipment is specified by patentor proprietary name or by the name of the manufacturer, unless slated differently. such specification shall be considered as if followed by the words "or acceotable cauar% whether or not such words appear. The Contractor may offer material or equipment with equal or better qualities and performance in substitution for those specified which he considers would be in the City's interest to accept. No verbal offers for substitution will be aclmowledged or considered from contractors, distributors, manufichwers or subcownactors. Any such offers shall be made in writing to the Purchasing officer for consideration with the submission of the proposal and the Contractor shall include sufficient data which, together with any other data the City may require, will enable the City to assess the acceptability of the material or equipment. Such acceptance by the City shall not relieve the Contractor flour full responsibi ity from the efficiency and quality and performance of the substitute material or equipment, in the same manner and degree as the material and equipment specified by name. It should be understood that specifying a brand name, components and/or equipment in these specifications shall not relieve the Contractor from full responsibility to produce the products in accordance with the performance warranty and contractual requirements. The Contractor is responsible for notifying the City of any inappropriate brand name, component and/or equipment that may be called for in the specifications, and to propose a suitable substitute for consideration. 4. MATERIALS & WOR104ANSMP: Materials used shall be of the best quality and applied in accordance with approved recommendations of the manufacture thereof. 5. AWARD: The City of Petaluma reserves the right to accept bids on individual items listed, on group items, or on the proposal as a whole; to reject any and all bids; to waive any informality or irregularity in the bids; and to ac ceptthe bid that appears frorr all consideration to be in the best interest ofthe City of Petaluma in determining and evaluating the best bid, the prices will not necessarily be controlling, but quality, equality, efficiency, utility, general terns, delivery, suitability of the equipment/material offered, maintainability of the equipmentlmateriai offered, and the reputation of the equipment/material in general use will also be considered with any other relevant factors. Pl'B # OM07 d 11312048 L.C. AC7TON POLICE SUPPLY IQSS I;IORTM Flf{ST STREET SAN -IOS :. CA 95112 �} 1,iruq �;n.t n - �:: !'�.: •, n11� Fd 1d FG+,i{ b 6. ORDER ACKNOWLEDGMENT: The successful Contractor, after receipt of a City of Petaluma Purchase Order, shall be required to furnish the City Purchasing Officer, when made available, a copy ofthe factory order acknowledgment or production date(s) for the equipment/material ordered. 7. NOTICES: Except as otherwise specifically provided in this Invitation to Bid and the resulting Purchase Contract or Purchase Order, any notice, submittal or communication required or permitted to be served on a party hereto, maybe served by personal delivery to the person or the office of the Contractor. Servicemay also be made by certified mail or recognized overnight delivery service, postage prepaid, to the person and address stated in the Invitation to Bid and/orthe resulting Contract or Purchase Order. 8. OPTION TO INCREASE OUANTITY OF ORDERED UNITS: The City reserves the right to increase the quantity of ordered units shown on this Invitation to Bid by issuance on the original purchase order or an additional purchase order not later than thirty (30) days after award of bid. The successful Contractor agrees to furnish to the City the additional ordered units at the unit price offered in this bid. 9. MODIFICATION: The City of Petaluma, at any time prior to the delivery date specked on the resulting Purchase Order or Purchase Coutract; may issue a written change order for any modifications. Such modifications shall be the result of negotiation and agreement between both parties. Oral change orders are not permitted. No change in this Invitation to Bid or resold% Purchase Order or Purchase Contract shall be made unless the City of Petaluma gives its prior written approval from the Purchasing Office. The Contractor shall be liable for all costs resulting from any unauthorized changes to the Invitation to Bid, Purchase Order or Purchase Contract 10. BREACH OF CONTRACT: Should Contractor breach any of the provisions of this contract, the City reserves the right to cancel this contract upon written notice to Contractor. Contractor shall be liable for any and all damages incidental and consequential suffered by the City as the result of the Contractor's breach of contract. The City shall have any and all remedies provided under the law in the event of a breach of contract by Contractor. In the event of repeated breach of public and/or private contracts, Contractor shall be subject to disqualification as a bidder on City contracts 11. TERMINATION OF CONTRACT TO PURCHASE: If at any time, in the opinion of the City Manager, 1) Contractor fails to conform to the requirements of this contract; 2) Contractor seeks relief under any law for the benefit of insolvents or is adjudicated bankrupt; 3) any legal proceedings are commenced against Contractor which may interfere with the performance of the contract; or 4) Contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in any by the terms of the contract; notice thereof in writing may be served upon the contractor„ and should be neglect or refuse to provide means for a satisfactory compliance with the contract as directed by the Purchasing Officer within the time specified in such notice, the City Manager in any such case shall have the right and power, at its option and without prejudice to any other right it may have, to terminate the contract. Any excess of the cost arising there from will be charged against the Contractor and contractor's sureties, who will be liable thereof In the event of such termination, all monies due the Contractor or retained under terms of the contract shall be forfeited to the City; but such forfeiture will not release the Contractor or Contractor's sureties from liability for failure to fulfill the contract 12. TITLE: Title to the equipment(material shall pass to the City at the F.O.B. Destination point designated under the delivery clause below, subject to the right of the City to reject upon inspection. 11713 # 08-007 5 1/3/2008 L.C. ACTION POLICE SUPPLY 1088 NORTH FIRST STREET SAN JOSE CA 95112 (405 _9 j -6x44 FA)', 13. WARRANTIES: Unless otherwise stated, all equipment shall be new and current model and shall carry fill factory warranties. Contractor warrants all equipment and supplies delivered to be free from defects in labor, material and manufacture and to be in compliance with the warranty stipulated in the bid specifications. All implied and exyressed warranty provisions of the Uniform Commercial Code are incorporated in this contract. All warranties shall run to the City. 14. DELIVERY: All deliveries shall be F.O.B. destination with all transportation and handling, charges prepaid by the Contractor. Responsibility and liability for loss or damage shall remain with Contractor until fund inspection and acceptance by the City when responsibility shall pass to the City except as to latent defects, fiaud and Contractor's warranty obligations. 15. INSPECTION AND TESTING: The City reserves the right and shall be at Liberty to inspect and test all materials and workmanship at times and places determined by the City, and shall have the right to reject all materials and workmanship which do not conform with the equipmea0viaterial specification provided; however, the City is under no duty to make such inspection. Should it be determined, after inspection, that corrections are needed to bring the equipment/material up to the specifications of the bid award, the City, for the purpose of earning the discount, may extend the date of complete acceptance beyond the date of delivery. If Contractor is unable or refuses to correct such goods within a time deemed reasonable by the City, the City may cancel the order in whole or in part Nothing is this paragraph shall adversely affect the City's right as buyer. 16. ACCEPTANCE AND PAYMENT: Acceptance shall be made at the time all equipment/matenal is operational and in proper working order as determined by and to the satisfaction of the City of Petaluma Acceptance of the equipmaWmaterial shall be determined on the basis of technical completeness, performance and adherence to the operational requirements and fimctions of the specifications. Payment will be scheduled within thirty (30) days upon complete delivery and acceptance of all equipmeadmaterial and receipt of an original invoice for the equipmenNmaterial complying with the terms and conditions of the award. The City reserves the right to withhold up to ten percent (10%) of the purchase price in the event there is a conditional acceptance. In connection with any cash discount specified on the bid form, time will be computed from the date of complete acceptance of the equipmeattmaterial, or from date correct invoices are received in the Citv Finance Office. I1 Enelfsh Street P_O_ BOX 61- Petaluma CA 94952 ff the latter date is later than the date of complete acceptance. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of -the City check or transfer of funds. 17. ASSIGNMENT AND SUBCONTRACTING: The Contractor shall not assign or subcontract the work, or any part them without the previous written consent of the City, nor shall helshe assign, by power of attorney or otherwise, any of the money payable under this contract unless written consent of the City has been obtained. No right under this contract, nor claim for money due or to heroine due hereunder shall be asserted against the City, or persons acting for the City, by reason of any so -calf assignment of this coact or any part thereof; unless such assignment has been authorized by the written consent of the City. In case the Contractor is permitted to assign monies due or to become due under this contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered or materials supplied for the performance of work. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by the subcontractor, Contractor's subcontract shall be immediately terminated by the Contactor upon notice from the City_ The Contractor shall be fully responsible and accountable to the City for the acts and omissions of Contractor's subcontractors, and of persons directly or indirectly employed by them, as the Contractor is for the ads and ITB # 08-007 6 1/3/2008 L.C. ACTION POLICE SUPPLY 1083 NORTH FIRST STREET n SAN JOSE-, CA 95112 (408) 9 -6444 Fp^"/, omissions of persons directly employed by him. Nothing contained in this contract shall create any contractual relation between any subcontract and the City. 18. FEDERAL AND STATE TAX: The City is exempt from excise taxes and transportation tax. Tax exemption certificates will be signed for merchandise delivered to the City upon request. Kindly bid without these taxes. Transportation tax requires no exemption certificates, but goods must be consigned to the City. Califmnia sales tax of 7.5% will be paid in accordance with the contract payment schedule. 19. SEVERABILITY: If any provision of this contract is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular provision held to be invalid. 20. COMPLIANCE WITH APPLICABLE LAWS: Contractor shall comply with all federal, state and local laws, codes, regulations and ordinances applicable to the provision of goods to be purchased under this contract. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for contract cancellation. Damages or costs resulting for noncompliance shall be the sole responsibility of Contactor. 21. GOVERNING LAW. JURISDICTION. VENUE: This contract shall be governed and construed in accordance with the laws of the State of California, without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit, or proceeding (collectively "the claim") between the City (and/or other agency or department of the City) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Superior Court of Sonoma County for the State of California. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Northern California. Contractor hereby consents to thejurisdiction of said courts. 22. WAIVER: Failure of the City to enforce any provision of this contract shall not constitute a waiver or relinquishment by the City of the right to such performance in the future nor of the right to enforce any other provision of this contract. 23. CALIFORNIA OSHA RULES AND REGULATIONS: All machinery, materials, supplies and equipment firrnished shall be in full accordance with all currently applicable Cal/OSHA rules and regulations. Contractor or Contractor warrants that he and each of his subcontractors shall, in performance of this contract or purchase order, comply with each and every compliance order issued pursuant to Cal/OSHA. The Contractor or Contractor assumes full and total responsibility for compliance with Cal/OSHA standards by his subcontractors as well as himself. The cost of complying with any compliance order and payment of any penalty assessed pursuant to Cal/OSHA and the cost of placing non -conforming machinery, supplies, materials and equipment in compliance with Cal/OSHA shall be home by the Contractor or Contractor. Contractor or Contractor shall save, keep and hold harmless the City, and all officers, employees and agents thereof from all liability, cost or expenses in law or in equity which may at any time arise or be set up because of Contractor's or Contractor's, or his subcontractors', non-compliance or alleged non-compliance with Cal/OSHA requirements, or failure to provide machinery, materials, supplies or equipment which conforms to Cal/OSHA. Nothing contained herein shall be deemed to prevent the Contractor or Contractor or his subcontractors from otherwise allocating between themselves responsibility for compliance with Cal/OSHA requirements; provid however that the Contractor or Contractor shall not thereby be, in any manner whatsoever, relieved of his responsibility to the City as hereinabove set forth. ITB tt 08-007 7 1/3/2008 LC. ACTION POLICE SUPPLY 1058 PJORTH FJRST STREET SRN J OSE. CA P5112 24. SAFETY AND EMALTH REOUIREMENTSs Equipment and supplies supplied shall comply with all federal Occupational Safety and Health Administration (OSHA) requirements. 25. MATERIAL SAFETY DATA SHEETS: Contractor shall provide the City with a Material Safety Data Sheet for any equipment and/or supplies provided under this contract, which may release or otherwise result in exposure to a hazardous chemical under normal conditions of use. In addition, Contractor must label, tag or mark such goods. 26. PATENTS AND ROYALTIE& The Contractor, if his bid is accepted, shall defend any and all suits and assume all liability for the use of any patent process, device or article forming a part of the apparatus or any appliance furnished under the contract. All costs involved in fees, royalties or claims for any patented invention, article, process or method that may be used upon or in any manner connected with the supply of this material/equipment shall be paid by the Contractor. Should the Contractor, his agent or employees or any of themm be enjoined from furnishing or using any invention, article, material or plans supplied or required to be supplied or used under the contract, the Contractor shall promptly substitute other articles, materials or appliances in lieu thereof equal finish, efficiency, quality, suitability and market value, and satisfictory in all respects to the City. Or in the event that the City elects, in lieu of such substitution, to have supplied and to retain and use any such inventions, articles, materials or plans as may be required to be supplied, the Contractor shall pay such royalties and secure such valid licenscs as may be requisite for the City, its officers, agents, and employees, or any of them to use such invention, article, materials or appliances without being disturbed or in any way interfered with by any proceeding in the law or equity on account tbereo£ Should the Contractor neglect or refuse to make the substitution promptly or to pay such royalties and secure such licenses as may be necessary, then in the event the City shall have the right to make such substitution or the City may pay such royalties and secure such licenses and charge the Contractor even though final payment under the contract may have been made. 27. INDEMNITY AND HOLD HARMLESS AGREEMENT: Contractor agrees to accept all responsibility for loss or damage to any person or cotity, and to defend, indemnify, hold harmless and release the City, its officers, agents and earployees, from and against any and all actions, claims, damages, disabilities, or costs of litigation that may be asserted by any.person or entity, arising out of or in connection with the performance by Contractorhenumder, whether or not there is concuricnt passive or active negligence on the part of the City, but excluding liability due to the sole active negligence or willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under Wodmmen's Compensation ads, disability benefits ads or other employee's benefits acts. Contractor shall be liable to the City for any loss or damage to City property arising from or in connection with Contractor performance hereunder. 28. FORCE MAJEURE: Neither party to this contract shall be hold responsible for delay or default caused by fire, riot; acts of God and /or war, which is beyond that party's reasonable control. The City of Petaluma may terminate this contract by written notice after determining such delay or default will reasonably prevent successful performanen of the contract 29. BUSINESS TAX: Contractors who are awarded a City contract, must pay a City business tax pursuant to City Ordinance. 30. YEAR 2000 COMPLIANCE: All products offered by the contractor as well as third party components of the solution must be Year 2000 Compliant. The softwarethardware design to ensure year 2000 compliance shall include, but not be limited to, century recognition of dates, calculations that correctly compute same century and multi century formulas and date values, and interface values that reflect the century, None of these products should require any modification because of date issues arising between now and the next one - ITB # 08.007 8 - 1/3/2008 L ('. ACI ION POLICE_- SUPPLY I UK", 1 IORTH FIFST ST REET SAN JOSE. Cir 112 ` hundred years into the future. In any changes are required, the contractor will make the changes at no cost and in a time frame that is acceptable to the City. SPECIAL TERMS AND CONDITIONS 1. ILLUSTRATIVE AND TECHNICAL DATA: Bidder shall submit with his bid complete and current illustrative and technical data on the proposed equipment/material. Failure to provide this information may be sufficient to declare the bid non-responsive. 2. DEALER PREPARATION: Bid prices must include all necessary dealer preparation applicable to new equipment, and destination delivery charges from the factory to the dealer. 3. DELIVERY: Failure by the successful Contractor to notify the City of Petaluma immediately of any delivery beyond the stated date or terms is cause for him to be held responsible for damages incurred as a result of an extended delivery time. Prior to delivery the equipment /material shall be completely assembled as necessary to assure proper operation and function. All equipment/materiai, spare parts and supplies shall be delivered F.O.B. destination, delivery charges prepaid and added, to the following location CITY OF PETALUMA POLICE DEPARTMENT 969 PETALUMA, BLVD NO. PETALUMA, CA 94952 4. DELIVERY CHARGES: Delivery charges to the City of Petaluma shall be listed as a separate line item in Section C. 5. r xxv iim ,u WARRANTY: The required warranty is described in Section D, and shall be listed as a separate line item in Section C. 6. OTHER AGENCY "PIGGY -BACK" PROCUREMENTS: Other municipalities, fire districts or public agencies may be interested in participating in this bid. Such "piggy -back' awards will be made independently by each agency, and the City is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated "piggy -back" procurements. Section D includes a space for making the vendors willingness to allow other agencies the opportunity to `piggy -back" ]7B # 08-007 9 I/3/2008 L C. ACTION 1=0LiCc �IJPPL]- i "S" i 17RTi-i FIF. T S T= ;ALT SECTION C M. Police Handguns, Holsters, and Lights The City desires to purchase Police Handguns, Holsters, and Lights in accordance with the specifications and terms and conditions contained in this ITB. 70 (seventy) Glock Model 22..40 S&W Pistols 10 (ten) Glock Model 23, 40 S&W Pistols 80 (eiehtv) Safardand Model 070 holsters for Glock 22 and 23 Pistols E 80 (eiehty) Streamlieht TLR-1 LED Tac. Liehts $ /2a,qq4feil 80 (eiehtvl Bianchi Accumold Elite Model 7297 ' / Rail Mounted Lisht Pouch for TLR-1 LED $ /'7.86 E4-4_ 2. Sales Tax 3. Delivery 4. TOTAL $ 61. %a thew/ -- $ $ // ,35 -93 30,030-00 N�0o 7 3q?, Ced r 6 G 3, 81 (o . 5/3 /011 Delivery Information: , 0 - calendar days after receiptofpurchase order. Bid Item Available For Other Agency "Piggy -Bach' Procurement: Yes ✓ No !M p itYtiptgttsga iMii H..*"* ................................ tiititiitiiiitwttttstiRi The undersigned declares that before preparing this bid, he/she carefully read the specifications and requirements for Bidders and that this bid is made with fill knowledge ofthe kind, quality and quantity of services and equipment to be furnished, and this bid is as stated on documents submitted in response to the City's Invitation to Bid. The undersigned offers and agrees, if this bid is accepted, within forty-five (45) calendar days from date of opening, to fiunish any or all of the items upon which prices are offered at the price set opposite each item, delivered at the designated point(s) within the time specified. Discounts will be allowed for prompt payment: 0— percent, 10 calendar days; 2f Percent, 20 calendar days; rercent, 30 calendar days. i COMPANY: Gc kC i lap/ 61le-z z" I// ADDRESS: 11SAA A/I i✓ST <4- CITY, 4CITY, STATE, ZIP CODE: _&n Jo co C <i qS1/ SIGNATURE OF PERSON AUTHORIZED TO SIGN: V`'i'yu TYPED NAMEOF SIGNER: r14c. r �a r- TITLE: 1 n&jma S C�sc TELEPHONE #: qi Zi _FAX # 0 2q DATE: (— 25.2dofl ITB # 08-007 10 1/3/2008 L.C. AO�FIRST STTRREETT PLY SAN JOSE CA 95112 TEL (408) 244-2677 FAX (408) 294-C! \ a SECTION D SPECIFICATIONS Police Handguns, Holsters, and Lights GENERAL: It is the intent of these specifications to describe the minimum requirements for Police Handguns. The Police Handguns shall be supplied with all accessories included in accordance with the manufacturer's published literature. The Police Handguns shall meet or exceed the construction and performance specifications described in the following specifications. Vendor shall indicate below, by marking yes or no, whether the equipment it proposes to sell to the City comply with the Specifications listed below. Any deviations from the specifications set forth herein shall be noted and explained in Section E. Exceptions to the Specifications. In order to receive full consideration, bid must follow these specifications and the Invitation to Bid's Terms and Conditions and instructions. SPECIFICATIONS: To be completed by bidder and attached to Section C (Bid) Ifspecifrcation is not met, attach explanation ipith submittal, or provide reason for comparable replacement. I Meets I Doesn't Police Handguns, Holsters and Lights Specs Meet Specs Glorlc Model 22 70 (seventy) Glock Model 22, .40 S&W Pistols 1 (one) Trijicon Might Sight per Pistol 3 (three) High Capacity Law Enforcement Magazines per Pistol ✓ Glock Model 23 10 (ten) Glock Model 23,40 S&W PistolsI V/ 1 (one) Trijicon Might Sight per Pistol LZ 3 (three) High Capacity Law Enforcement Magazines per Pistol %/ Safariland Model 070 Holsters 65 (sixty-five) Safariland Model 070 holsters for Gluck 22 Pistol, V11, Right Handed, Black Basketweave, Stock # o7o-e3-i8r 5 (five) Saf u-iland Model 070 holsters for Glock 22 Pistol, Left Handed, Black Basketweave, Stock # 00-93-182 10 (ten) Saf iriland Model 070 holsters for Gluck 23 Pistol, Right 1// Handed, Black Basketweave, Stock # 070-e3-131 80 (eighty) Bianchi Accumold Elite Model 7297 Rail Mounted % Light Pouch for Streamlight TLR 1 LED Tactical Lights Part # V 22762 Streamlight TLR-1 LED Tactical Lights / 80 (eighty) Streamlight TIR 1 LED Tactical Lights ✓ ITB # 08-007 11 1/3/2008 L.C. ACTION POLICE SUPPLY 1088 N 1ST STLtE1 f 5112 T (408) 99"11 FCA 9 SAN AX ( EL409) 294-6444 \S MIN rcI EXCEPTIONS TO THE SPECIFICATIONS Exceptions to the specifications of any items state herein shall be fully described and explained in writing by the contractor in the space provided below: rrB 6 08-007 12 L C. ACI IONI FOLICE SUPPLY 10°2 HORT H FIFST STREET I 1/3/2008 \ (.D SECTION F ADDITIONAL INFORMATION 1. Warranty: Please provide in the space below, or attach a copy of a complete description of the warranty terms and conditions. Also, as a part of this bid, you are required to provide warranty service contact individual(s). In all purchases made by the City, availability and accessibility of warranty service and service after warranty may be considered in determining the lowest responsible quoter. ITB /108-007 77 JZ 13 L C. P -t- -IiONI P HJC' - SUPPLY i'J :: 1 `OPT_H RF -ST ,T1 -H -' 1/3/2008