HomeMy WebLinkAboutAFECO Inc dba Fire Etc; 2008-02-14;AMENDMENT NO. 4.T0 EXTEND AND AMEND THE MASTER PURCHASE AGREEMENT
FOR WILDLAND FIRE PROTECTIVE GARMENTS BETWEEN THE CITY OF CARLSBAD ON
ITS OWN BEHALF AND FOR THE BENEFIT OF PARTICIPATING AGENCIES AND AFECO
INC, A CALIFORNIA CORPORATION DOING BUSINESS AS FIRE ETC
This Amendment No._4 is entered into and effective as of the / / day of
Fahvocx^U , 2012, extending and amending the agreement dated
February 14, 2008 (the "Agreement") by and between the City of Carlsbad, a municipal
corporation, ("City"), and AFECO Inc, a California Corporation doing business as Fire Etc,
("Contractor") (collectively, the "Parties") for Wildland Fire Protective Garments.
RECITALS
A. On December 24, 2008, the Parties executed Amendment No.l to the Agreement
for an additional year and to amend the Agreement's scope of work; and
B. On February 11, 2010, the Parties executed amendment No. 2 to extend the
Agreement for an additional year and to amend the Agreement's scope of work; and
C. On March 3, 2011, the Parties executed amendment No. 3 to extend the
Agreement for an additional year and to amend the Agreement's scope of work; and
D. The Parties desire to extend the Agreement for a period of One (1) year; and
E. The Parties have negotiated and agreed to an increase fee schedule, which is
attached to and incorporated in by this reference as Exhibit "A", "Garment Option Prices
Renewal #4", for the renewal period of February 14, 2012 through February 13, 2013.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A".
2. City will pay Contractor for all work associated with those services and products
described in Exhibit "A" per unit pricing as listed in Exhibit "A".
3. The unit prices for the garments and options listed on Exhibit "A" will remain in
effect February 14, 2012 through February 13, 2013.
5. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
6. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
///
City Attorney Approved Version 5/12/11
7. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
;(§ign here) y
By:
(print name/title)
res, J^^-h
City Manogor or Mayor orpirec|i^i;^^;;;-;-^::,(^^^
ATTEST ^^^'^i
(sign here) LORRAINE M. WOOD
J^^^y-c^ City Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by Contractor must be
attached. If a corporation. Agreement must be signed by one corporate officer from each of the
following two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
ROHNLD^/%Nd^f%^ Attorney
\ssistant City Attorney
City Attorney Approved Version 5/12/11
Wildland Fire
Protection Garments
Bid N0.O8-O8A
Garment Option Prices Renewal #4
Contract Period
Feb. 2012 to Feb. 2013
Fire Etc
2190 Main St
San Diego, CA9113
619-525-7286
Base Garment Size Waist Size Inseam Size Jacket Pant
7.5 oz. Nomex IIIA XS-XL 28-42" 30-34" $175.89 $159.74
2XL 44-46" 30-34" $194.11 $174.74
3XL 48-50" 30-34" $202.11 $183.16
4XL 52-54" 30-34" $212.42 $190.74
Inseam 36-38" add 5%
Ootions:
Outer Shell Size Waist Size Inseam Size Jacket Pant
6.0 oz Nomex IIIA XS-XL 28-42" 30-34" $161.05 $140.42
(Standard Spec) 2XL 44-46" 30-34" $174.74 $151.89
3XL 48-50" 30-34" $183.79 $161.05
4XL 52-54" 30-34" $191.84 $167.89
Inseam 36-38" add 5%
Tecasafe + Size Waist Size Inseam Size Jacket Pant
Replaces FR Cotton XS-XL 28-42" 30-34" $123.80 $103.75
2XL 44-46" 30-34" $135.60 $114.40
3XL 48-50" 30-34' $142.72 $120.22
4XL 52-54" 30-34" $148.59 $124.67
Inseam 36-38" add 5%
Modified Ootions: Size Waist Size Inseam Size Jacket Pant
6.0 oz. Nomex Jacket Modified with XS-XL 28-42" 30-34" $175.89 $140.42
Cotton Lined Sleeve 2XL 44-46" 30-34" $194.11 $151.89
(Pants pockets are available with either 3XL 48-50" 30-34" $202.11 $161.05
zipper or velcro tab closure ) 4XL 52-54" 30-34" $211.58 $167.58
Inseam 36-38" add 5%
Modified Options: Size Waist Size Inseam Size Jacket Pant
TriGuard Modified Spec XS-XL 28-42" 30-34" $250.53 $231.58
(5.3 oz TriGuard w/ lined sleeves) 2XL 44-46" 30-34" $268.42 $246.32
(Pants pockets are available with either 3XL 48-50" 30-34" $276.84 $255.79
zipper or velcro tab closure ) 4XL 52-54" 30-34" $286.32 $262.11
Inseam 36-38" add 5%
Additional Radio Pockets
7.5 oz. Nomex IIIA
6.0 oz. Nomex IIIA
9.0 oz. FIR Cotton-lndura
Deiivery
FIRE ETC IS PROUD TO ANNOUNCE THE RAPID DELIVERY PROGRAM
The initial order will have a 35 day lead time, after that, the program will guarantee a 5 day ead time from .
the factory on all common sizes (small - xxlarge)
Fire Etc will also stock a large supply of common sizes in 6.0 oz Nomex for immei liate delivery for
garments that don't require any "Dept" lettering.
See Following pages for more details (Bidders Statement of Abilty to provide & Value Added Offerings
AMENDMENT NO. 2 TO EXTEND AND AMEND THE MASTER PURCHASE AGREEMENT
FOR WILDLAND FlRE PROTECTIVE GARMENTS BETWEEN THE CITY OF CARLSBAD ON
ITS OWN BEHALF AND FOR THE BENEFIT OF PARTICIPATING AGENCIES AND AFECO
INC, A CALIFORNIA CORPORATION DOING BUSINESS AS FlRE ETC
This Amendment No. 2 is entered into and effective as of the / day of
L a btu- , 2010, extending and amending the agreement dated
February 14, 2008 we "Agreement") by and between the City of Carlsbad, a municipal
corporation, ("City"), and Afeco Inc, a California Corporation doing business as Fire Etc,
("Contractor") (collectively, the "Parties") for Wildland Fire Protective Garments.
A. On February 14, 2008, the Parties executed an Agreement for the purchase of
wildland fire protective garments; and
B. On December 24, 2008 the Parties executed Amendment No. 1 to extend the
agreement for an additional year and to amend the Agreement's scope of work; and
C. The Parties desire to extend the Agreement for a period of 1 (one) year; and
D. The Parties have negotiated and agreed to an increase in pricing for the
garments and options, which is attached to and incorporated in by this reference as Exhibit "A,
Garment & Option Prices Contract Renewal #2, for the renewal period of February 14, 2010
through February 14, 2011.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services and products described in
Exhibit "A.
2. The term of the Agreement shall end on February 14, 2011
3. The prices for the garments and options listed on Exhibit "A will be in effect
February 14, 2010 through February 14, 2011.
5. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
6. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
7. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right
and actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR CITY OF CARLSBAD, a municipal
(sign here)
*.cL~AW /v
(print nameltitle)
I='
ATTEST:
b: \( h@.Qcrc-*x'(3
(e-mail addrex)
**By: fld4,&
(sign here)
h
fi - T- ~CA ]%G&WT
(print nameltitle) 1 '
e~. cch
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
City Attorney Approved Version #05.22.01
Wildland Fire
Protection Garments
Bid No.08-08A
EXHIBIT "A"
Garment Option Prices
Renewal #2
Feb. 2010 to Feb. 201 1
Fire Etc
2190 Main St
San Diego, CA 91 13
619-525-7286
Base Garment
7.5 oz. Nomex I11A
Options:
Outer Shell
6.0 oz Nomex IllA
(Standard Spec)
9.0 oz. F/R Cotton
lndura Ultrasoft
Modified Options:
6.0 oz. Nomex Jacket Modified with
Cotton Lined Sleeve
(Pants pockets are available with either
zipper or velcro tab closure )
Modified Options:
TriGuard Modified Spec
(5.3 oz TriGuard wl lined sleeves)
(Pants pockets are available with either
zipper or velcro tab closure )
Additional Radio Pockets
7.5 oz. Nomex lllA
6.0 oz. Nomex lllA
9.0 oz. FIR Cotton-lndura
Delivery
FIRE ETC IS PROUD TO ANNOUNCE
The initial order will have a 35 day lead time, after that, the program will guarantee a 5 day lead time from .
the factory on all common sizes (small - xxlarge)
Fire Etc will also stock a large supply of common sizes for immediate delivery for garments that
don't require any "Dept" lettering.
See original bid pages for more details (Bidders Statement of Abilty to provide & Value Added Offerings)
- Size
XS-XL
2XL
3XL
4XL
- Size
XS-XL
2XL
3XL
4XL
- Size
XS-XL
2XL
3XL
4XL
- Size
XS-XL
2XL
3XL
4XL -
Jacket
$158.75
$175.25
$182.45
$191.75
Jacket
$145.35
$157.70
$165.95
$173.15
Jacket
$1 08.25
$1 18.55
$124.75
$129.90
Jacket
$158.75
$175.25
$182.45
$1 91.75
- Size
XS-XL
2XL
3xL
4XL
- Pant
$144.30
$157.70
$165.95
$172.15
- Pant
$126.80
$137.10
$145.35
$151.55
- Pant
$90.70
$100.00
$105.15
$109.25
- Pant
$126.80
$137.10
$145.35
$1 51.55 -
THE RAPID DELIVERY PROGRAM
Jacket
$226.80
$242.25
$250.50
$258.75
$10.30
$8.65
$7.50 ]
Waist Size
28-42"
44-46"
48-50"
52-54"
Waist Size
28-42"
44-46"
48-50"
52-54"
Waist Size
28-42"
44-46"
48-50"
52-54"
Waist Size
28-42"
44-46"
48-50"
52-54"
Inseam Size
30-34"
30-34"
30-34"
30-34"
Inseam 36-38" add 5%
Inseam Size
30-34"
30-34"
30-34"
30-34"
lnseam 36-38" add 5%
Inseam Size
30-34"
30-34"
30-34"
30-34"
lnseam 36-38" add 5%
Inseam Size
30-34"
30-34"
30-34"
30-34"
lnseam 36-38" add 5%
- Pant
$209.25
$222.70
$230.90
$237.1 0
Waist Size
28-42"
44-46"
48-50"
52-54"
Inseam Size
30-34"
30-34"
30-34"
30-34"
lnseam 36-38" add 5%
AMENDMENT NO. 1 TO EXTEND AND AMEND THE MASTER PURCHASE AGREEMENT
FOR WILDLAND FIRE PROTECTIVE GARMENTS BETWEEN THE CITY OF CARLSBAD ON
ITS OWN BEHALF AND FOR THE BENEFIT OF PARTICIPATING AGENCIES AND AFECO
INC, A CALIFORNIA CORPORATION DOING BUSINESS AS FIRE ETC
This Amendment No.1 is entered into and effective as of the e day of
dt4<-J _ , 200^ , extending and amending the agreement dated
February 14, 2008 (the "Agreement") by and between the City of Carlsbad, a municipal
corporation, ("City"), and Afeco Inc, a California Corporation doing business as Fire Etc,
("Contractor") (collectively, the "Parties") for Wildland Fire Protective Garments.
RECITALS
A. On February 14, 2008, the Parties executed an Agreement for the purchase of
wildland fire protective garments; and
B. The Parties desire to alter the Agreement's scope of work to add additional
options for purchase as listed and priced in Exhibit "A", Additional Options and Pricing, for the
contract period of February 14, 2008 through February 13, 2009; and
C. The Parties desire to extend the Agreement for a period of 1 (one) year; and
D. The Parties have negotiated and agreed to an increase in pricing for the
garments and options, which is attached to and incorporated in by this reference as Exhibit "B",
Garment & Option Prices Contract Renewal #1, for the renewal period of February 14, 2009
through February 14, 2010.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services and products described in
Exhibit "A".
2. The term of the Agreement shall end on February 14, 2010.
3. The prices for the garments and options listed on Exhibit "B" will be in effect
February 14, 2009 through February 14, 2010.
5. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
6. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
7. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right
and actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
•By:
CITY OF CARLSBAD, a municipal
corporation o; the Stpte Qf Cajif/ftnia
By:
(sign hee)
. 0
(print name/title)
O'&-''J £- @ ^T t
ATTEST:
(e-mail address)
*By:
LORRAfNE
City Clerk
(sign here)
/W A ^K« ( Jr--'(print name/title)
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
"Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL. City Attorney
City Attorney
City Attorney Approved Version #05.22.01
EXHIBIT "A"
ADDITIONAL OPTIONS AND PRICING
Modified Options:
6.0 oz. Nomex Jacket Modified with
Cotton Lined Sleeve
(Pants pockets are available with
either zipper or velcro tab closure )
Modified Options:
TriGuard Modified Spec
(5.3 oz TriGuard w/ lined sleeves)
(Pants pockets are available with
either zipper or velcro tab closure )
Size
XS-XL
2XL
3XL
4XL
Size
XS-XL
2XL
3XL
4XL
Jacket
$147.00
$162.00
$169.00
$177.00
Jacket
$209.00
$224.00
$231.00
$239.00
Pant
$117.00
$127.00
$134.00
$140.00
Pant
$193.00
$206.00
$213.00
$219.00
Waist Size
28-42"
44-46"
48-50"
52-54"
Waist Size
28-42"
44-46"
48-50"
52-54"
Inseam Size
30-34"
30-34"
30-34"
30-34"
Inseam 36-38" add 5%
Inseam Size
30-34"
30-34"
30-34"
30-34"
Inseam 36-38" add 5%
EXHIBIT "B"
GARMENT OPTION PRICES CONTRACT RENEWAL #1
FEBRUARY 14, 2009 THROUGH FEBRUARY 14, 2010
Base Garment
7.5 oz. NomexlllA
Options:
Outer Shell
6.0 oz Nomex IIIA
(Standard Spec)
9.0 oz. F/R Cotton
Indura Ultrasoft
Modified Options:
6.0 oz. Nomex Jacket Modified with
Cotton Lined Sleeve
(Pants pockets are available with either
zipper or velcro tab closure )
Modified Options:
TriGuard Modified Spec
(5.3 oz TriGuard w/ lined sleeves)
(Pants pockets are available with either
zipper or velcro tab closure )
Additional Radio Pockets
7.5 oz. Nomex IIIA
6.0 oz. Nomex IIIA
9.0 oz. F/R Cotton-lndura
Delivery
Size
XS-XL
2XL
3XL
4XL
Size
XS-XL
2XL
3XL
4XL
Size
XS-XL
2XL
3XL
4XL
Size
XS-XL
2XL
3XL
4XL
Size
XS-XL
2XL
3XL
4XL
Jacket
$154.00
$170.00
$177.00
$186.00
Jacket
$141.00
$153.00
$161.00
$168.00
Jacket
$105.00
$115.00
$121.00
$126.00
Jacket
$154.00
$170.00
$177.00
$186.00
Jacket
$220.00
$235.00
$243.00
$251.00
$10.00
$8.40
$7.25
Pant
$140.00
$153.00
$161.00
$167.00
Pant
$123.00
$133.00
$141.00
$147.00
Pant
$88.00
$97.00
$102.00
$106.00
Pant
$123.00
$133.00
$141.00
$147.00
Pant
$203.00
$216.00
$224.00
$230.00
FIRE ETC IS PROUD TO ANNOUNCE THE RAPID DELIVERY PROGRAM
Waist Size
28-42"
44-46"
48-50"
52-54"
Waist Size
28-42"
44-46"
48-50"
52-54"
Waist Size
28-42"
44-46"
48-50"
52-54"
Waist Size
28-42"
44-46"
48-50"
52-54"
Waist Size
28-42"
44-46"
48-50"
52-54"
Inseam Size
30-34"
30-34"
30-34"
30-34"
Inseam 36-38" add 5%
Inseam Size
30-34"
30-34"
30-34"
30-34"
Inseam 36-38" add 5%
Inseam Size
30-34"
30-34"
30-34"
30-34"
Inseam 36-38" add 5%
Inseam Size
30-34"
30-34"
30-34"
30-34"
Inseam 36-38" add 5%
Inseam Size
30-34"
30-34"
30-34"
30-34"
Inseam 36-38" add 5%
The initial order will have a 35 day lead time, after that, the program will guarantee a 5 day lead time from .
the factory on all common sizes (small - xxlarge)
Fire Etc will also stock a large supply of common sizes for immediate delivery for garments that
don't require any "Dept" lettering.
See Bidders Statement of Ability to Provide Services & Value Added Offerings
I
MASTER PURCHASE AGREEMENT FOR WILDLAND FIRE PROTECTIVE GARMENTS
BETWEEN CITY OF CARLSBAD ON ITS OWN BEHALF AND FOR THE BENEFIT
OF PARTICIPATING AGENCIES AND AFECO INC, A CALIFORNIA CORPORATION
DOING BUSINESS AS FIRE ETC
a THIS AGREEMENT is made and entered into as of the _ / 7 _ day of
jtA) Wij Q fVAJi . 2008, by and between the CITY OF CARLSBAD, a municipal
poration ("CitJQjon its own behalf and for the benefit of Participating Agencies (as defined
below), and Afeco Inc, a California Corporation doing business as Fire Etc, (hereinafter referred
to as "Seller" or "Contractor").
RECITALS
A. The parties to this non-exclusive Agreement contemplate that the additional named
Cities, Fire Departments and Fire Districts of Carlsbad, Escondido, La Mesa, Rancho Santa Fe,
North County Fire, Bonita, Vista, San Diego, San Onofre, El Cajon, San Miguel, and Oceanside
(collectively "Participating Agencies") will purchase from Seller and Seller will sell to City and
Participating Agencies, Wildland Fire Protective Garments during the term of this Agreement.
B. To expedite these contemplated purchases, the parties are willing to enter into this non-
exclusive Agreement that sets forth the terms and conditions that will govern all such
transactions between them.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. Definitions
1.1. Buyer. With respect to purchase orders issued by City, the term "Buyer"
means City of Carlsbad. With respect to purchase orders placed or issued by a
Participating Agency, the term "Buyer" means that Participating Agency placing the order.
1.2 Products. The term "Product" means those goods (as further described in Exhibit "A") for
which Buyer issues to Seller a purchase order during the term of this Agreement. Products and
specific terms are described in Exhibit "A" - Request for Bid, Exhibit "B" - Specifications, and
Exhibit "C" - General Provisions all of which are attached hereto and incorporated herein by this
reference in accordance with the terms and conditions set forth in this Agreement. In the event
of an inconsistency between the Product description of Exhibits "A", "B", or "C", the inconsistency
will be resolved in the following descending order of precedence: (1) the purchase order, (2)
Exhibit "B", and (3) Exhibit "A".
2. Issuance Of Purchase Orders. Buyer may issue purchase orders to Seller from time to
time for the purchase of Products. Each purchase order shall contain a description of the
Products ordered, the quantities and prices, the terms and place of delivery, and will reference
City of Carlsbad Bid #08-08-A. Every purchase order issued by Buyer to Seller following the date
of this Agreement and bearing such a notation shall be governed by and be deemed to include
the provisions of this Agreement. In the event of an inconsistency between any term(s) and
condition(s) of this Agreement, Exhibits "A", "B", or "C", or the placed purchase order, the
City Attorney Approved Version #11.28.06
inconsistency will be resolved in the following descending order of precedence: (1) this
Agreement, (2) the purchase order, (3) Exhibit "B", (4) Exhibit "C", and (5) Exhibit "A".
The City and each Participating Agency will indicate its specific requirements on
its purchase order documents. The City assumes no responsibilities, financial or otherwise, for
any purchase order placed by any of the Participating Agencies authorized by this Agreement to
place an order with Contractor for specified Product(s). Delivery address and instructions will be
on each Participating Agency's purchase order. There will be no minimum order and all items
must be available for the term of this Agreement. All items will be delivered F.O.B. Destination,
Freight Prepaid and Allowed, and at the prices set forth in Exhibit "A".
3. Term. This Agreement will be effective for a period of one (1) year from the date first
above written. This Agreement may be amended to extend its term for up to four (4) additional
one (1) year periods, subject to Seller's continued satisfactory performance under this
Agreement and the annual appropriation of funds by the City. In such event, the parties will
prepare a written amendment, indicating the effective date of the amendment and the length of
the extended Agreement.
4. Termination. City may terminate this agreement at any time with thirty (30) days written
notice to Seller. Seller may terminate this Agreement at any time with ninety (90) days written
notice to the City.
5. Delivery.
A. The delivery for purchase orders placed pursuant to this Agreement shall be as
specified in the City's or Participating Agency's purchase order.
B. Time is of the essence on orders and delay in delivery will cause injury to the
ordering agency. Resulting damages cannot be calculated with any degree of certainty. The
vendor shall be subject to liquidated damages to be deducted from the contract price in the sum
of $0.50 per jacket and $0.50 per pant for each calendar day that delivery exceeds the forty five
(45) day requirement.
Should the Contractor be obstructed or delayed in the production or delivery of
Product(s) required hereunder by any act or omission of the City or Participating Agency placing
the purchase order or by strikes, an act of God, or by no fault of the Contractor in its ability to
obtain materials ("Delaying Event"), then the time for delivery of the order shall be extended for
such period as may be either agreed to between Contractor and City or Participating Agency or
equal to the period of time of the Delaying Event.
C. Notwithstanding any other provision of this Agreement, if delivery cannot be
made within forty five days after receipt of a purchase order, Buyer may, upon knowledge of the
fact and regardless whether or not the delay would be excusable, terminate the purchase order
by written notice to Seller. The termination shall be without cost to Buyer and shall discharge all
obligations and liabilities of the Buyer/Seller under the purchase order except as to Products
previously delivered and accepted by Buyer.
6. Passage of Title and Risk of Loss. Unless otherwise specified in a particular purchase
order placed pursuant to this Agreement, title to and risk of any loss of or damage to the
Products shall pass from Seller to Buyer when the Products are accepted in writing by the
Buyer.
City Attorney Approved Version #11.28.06
7. Seller shall inspect and test all Products prior to shipment to Buyer. In addition, all
Products shall be subject to final inspection and acceptance by Buyer at Buyer's facility. Final
inspection and acceptance or rejection will be made by Buyer within thirty (30) days after receipt
of Products, and failure of Buyer to reject any Product within thirty (30) days after receipt shall
constitute acceptance. Should Buyer reject any Product for failure to conform to the
requirements of a purchase order, Buyer shall notify Seller in writing of the rejection, giving
detailed reasons for the rejection. Seller shall then have the option to repair or replace the
nonconforming Product within ten (10) days at Buyer's designated delivery facility. If Seller fails
to act to correct any nonconforming Product within this time period, then Buyer may return any
nonconforming Product(s) to Seller. Rejected items to be returned to Seller shall be shipped at
Seller's risk and expense.
8. Warranty. Seller warrants to Buyer that all Products delivered under this Agreement shall
be free from defects in materials and workmanship, that all Products will conform to the
requirements of the order including, but not limited to, the applicable descriptions,
specifications, and drawings agreed to by the parties and, to the extent the items are not
manufactured pursuant to detailed designs furnished by Buyer, that all Products will be free
from defects in design and suitable for the intended purposes. In addition, Seller warrants that
all Products will, at the time of delivery, be free from any security interest or other lien or
encumbrance.
9. Indemnification. Contractor agrees to indemnify and hold harmless the City and its
officers, officials, employees and volunteers from and against all claims, damages, losses and
expenses including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
10. Insurance. Seller will obtain and maintain during the term of this Agreement, and any
subsequent amendments to it, insurance for personal injury and property damage arising out of
or in connection with Seller's performance under this Agreement. Required are: Policies of
commercial general liability insurance, a combined policy of workers' compensation, employers
liability insurance, from an insurance company authorized to transact the business of insurance
in the State of California which has a current rating in the Best's Key Rating guide of at least A-
:V in an amount of not less than one million dollars ($1,000,000) each, unless otherwise
authorized and approved by the City Attorney or the City Manager. Seller will obtain occurrence
coverage, which will be written as claims-made coverage. The insurance will be in force during
the life of this Agreement and will not be canceled without thirty (30) days prior written notice to
the City by certified mail. Contractor will furnish certificates of insurance to the City's Purchasing
Department, prior to City's execution of this Agreement.
11. Notices. All notices and other communications required or authorized under this
Agreement shall be given in writing either by personal delivery or by first class mail addressed
to the respective party.
City Attorney Approved Version #11.28.06
12. Compliance With Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and, if required, will obtain and
maintain a City of Carlsbad Business License for the term of this Agreement and any
amendments to the Agreement.
13. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to
civil penalties for the filing of false claims as set forth in the California False Claims Act,
Government Code sections 12650, et sea., and Carlsbad Municipal Code Sections 3.32.025, et
seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
City of Carlsbad to terminate this Agreement.
14. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
Superior Court of California, County of San Diego, California.
12. Assignment. Contractor may not assign this Agreement or any part of it, nor may it
assign any monies due or that may become due under it, without the prior written consent of
City.
13. Amendments This Agreement may be amended by mutual consent of City and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
(Remainder of Page Intentionally Left Blank)
City Attorney Approved Version #11.28.06
14. Authority. The individuals executing this Agreement and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
*By:
(print name/title)
(e-mail address)
*By:
sign here)
(print name/title)
(e-mail address)
ATTEST:
_
LORRAINE M. WOOD
City Clerk
. >ce ,
r^e5i>
ration
^
iO =
If required by City, proper notary acknowledgment of execution by Contractor must be attached. If a
Corporation. Agreement must be signed by one corporate officer from each of the following two groups.
*Group A.
Chairman,
President, or
/-Vice-President
**Group B.
^--Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD L, City Attorney
Deputy City Attorney
City Attorney Approved Version #11.28.06
ACKNOWLEDGMENT
State of Californiacounty of _ San Diego )
on February 1 , 2008 before me,Leticia S. Garcia. Notary Public
(insert name and title of the officer)
personally appeared David J. Duea and William A. Black __
who proved to me on the basis of satisfactory evidence to be the personfs) whose name(a) 4s/are_
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacitv(iesl and that by his/her/their signature(s) on the instrument the
jaersonfs). or the entity upon behalf of which thejaersonfe) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signat (Seal)
LETIdA S GARCIA,
Commission # 1493441
Notary Public-California
San Diego County f
My Comm. ExUres Jun 1,2006f
Exhibit A
REQUEST FOR BID
November 7, 2007
BID NO. 08-08-A Rebid DUE DATE: DECEMBER 5, 2007
11:00 AM
FOR: WILDLAND FIRE PROTECTIVE GARMENTS
The City of Carlsbad is requesting bids for providing wildland fire protective garments for the
period from approximately December 27, 2007 to December 26, 2008 to the fire departments
and fire districts of Carlsbad, Escondido, La Mesa, Rancho Santa Fe, North County, Bonita,
Vista, San Diego, San Onofre, El Cajon, San Miguel, and Oceanside, per the attached
specifications and conditions.
The listed agencies estimate purchases of 530 jackets and 530 pants during the term
mentioned above. Quantities are estimated as closely as possible, but may be lesser or greater
at the time of ordering. Additional quantities may be ordered by non-declared agencies at the
successful bidder's option to accept the provisions of the public agency clause.
Each participating agency will indicate its specific requirements on its purchasing documents.
The City of Carlsbad assumes no responsibilities for any order placed by any of the participating
agencies. Delivery address and instructions will be indicated on each agency's order. There will
be no minimum order and all items must be available for the contract period (approximately
December 27, 2007 to December 26, 2008). All items will be delivered F.O.B. Destination,
Freight Prepaid and Allowed, and at the prices set forth in the bid.
In accordance with the Carlsbad Municipal Code, awards shall be based on a best value
evaluation. Criteria used for the evaluation will include: cost, responsiveness to specifications,
quality of workmanship, references/past performance, ability to provide services, delivery
schedule, and unspecified value-added offerings which may be offered by the bidder. See
attached documentation for details. The lowest bidder may not receive the award.
We will expect the successful bidder to sign a contract. A sample contract is attached. The final
contract will include this request for bid and the successful vendor's response. Please do not
execute the contract at this time.
The following items must be submitted with your bid. Omissions may be cause to consider your
bid non-responsive.
• Cost and Delivery Proposal
• Bidder's Statement of Technical Ability and Experience
• Bidder's Statement of Ability to Provide Services
• Bidder's Statement of Unspecified Value Added Offerings
• Sample Garments
Sample garments must be received in the Purchasing Department, City of Carlsbad, 1635
Faraday Avenue, Carlsbad CA 92008, before 11:00 A.M. on December 5, 2007.
THE CITY ENCOURAGES THE PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES.
By submitting a bid, the contractor is providing a guarantee to the City that, if chosen, they will
be able to provide the proposed products and services during the period of time discussed in
this request for bid.
A sample agreement is attached for your information only, do not sign the agreement.
Direct any questions regarding this bid to John DeRego at 760-602-2467
OPTION TO RENEW
The City may desire to exercise an option to renew the contract for four (4) additional one (1) year
periods. The City proposes that such renewal be contingent on a mutual agreement between the
City and the successful bidder herein, such agreement to be confirmed sixty (60) days prior to the
termination of the contract period. Either the City or the bidder may at that time decline to confirm
the renewal of the Contract, for any reason whatever, and such declination would render the
renewal option null and void.
Would the bidder accept an option to renew, subject to the above stated conditions?
YES_X NO
PUBLIC AGENCY CLAUSE
It is intended that any other public agency (i.e., city, district, public authority, public agency,
municipal utility and other political subdivision or public corporation of California) located in the State
of California shall have the option to participate in any award made as a result of this solicitation.
The City of Carlsbad shall incur no financial responsibility in connection with purchase by another
public agency. The public agency shall accept sole responsibility for placing order or payments to
the vendor. This option shall not be considered in the evaluation. Indicate below whether said
option is or is not granted.
YES X NO
READ THE ATTACHED GENERAL PROVISIONS CAREFULLY, THEY ARE A PART OF YOUR BID.
Firm FIRE ETC
Address 2190 MAIN ST.
GUARANTEE OF GOOD FAITH REQUIRED: city SAN D|EGO
$ None (FAILURE TO SUBMIT
GUARANTEE OF GOOD FAITH WILL VOID state Zip CA. 92113
THE BID. SEE PARAGRAPH 3, GENERAL
PROVISIONS.) Print Name BILL BLACK
Signature_
Telephone 619-525-7286 Date 12/5/2007
FIRE _
FIRE TRUCKS AND EQUIPMENT
2190 Main Street
San Diego, CA 92113-2218
(619) 525-7286 Fax (619) 525-7288
City of Carlsbad
Wildland Fire
Protection Garments
Bid No.OS-OSA
COST AND DELIVERY PROPOSAL Fire Etc
2190 Main St
San Diego, CA9113
619-525-7286
Base Garment
7.5 oz. Nomex IMA
Options
Outer Shell
6.0 oz Nomex IMA
9.0 oz. F/R Cotton
Indura Ultrasoft
Pockets
Additional Radio Pockets
7.5 oz. Nomex MIA
6.0 oz. Nomex IIIA
9.0 oz. F/R Cotton-lndura
Delivery
Size
XS-XL
2XL
3XL
4XL
Size
XS-XL
2XL
3XL
4XL
Size
XS-XL
2XL
3XL
4XL
Jacket
$147.00
$162.00
$169.00
$177.00
Jacket
$134.00
$146.00
$153.00
$160.00
Jacket
$100.00
$110.00
$115.00
$120.00
$9.50
$8.00
$7.00
Pant
$133.00
$146.00
$153.00
$159.00
Pant
$117.00
$127.00
$134.00
$140.00
Pant
$84.00
$93.00
$97.00
$101.00
Waist Size
28-42"
44-46"
48-50"
52-54"
Waist Size
28-42"
44-46"
48-50"
52-54"
Waist Size
28-42"
44-46"
48-50"
52-54"
FIRE ETC IS PROUD TO ANNOUNCE THE RAPID DELIVERY PROGRAM
Inseam Size
30-34"
30-34"
30-34"
30-34"
Inseam 36-38" add 5%
Inseam Size
30-34"
30-34"
30-34"
30-34"
Inseam 36-38" add 5%
Inseam Size
30-34"
30-34"
30-34"
30-34"
Inseam 36-38" add 5%
The initial order will have a 35 day lead time, after that, the program will guarantee a 5 day lead time from .
the factory on all common sizes (small - xxlarge)
Fire Etc will also stock a large supply of common sizes for immediate delivery for garments that
don't require any "Dept" lettering.
See Following pages for more details (Bidders Statement of Abilty to provide & Value Added Offerings)
FIRE TRUCKS AND EQUIPMENT
219O MAIN ST., SAN DIEGO, CA 92113
PH. (619) 525-7276 FAX (619) 525-7288
Email sales@fire-etc.com Website www.fire-etc.com
Bidder Statement of Unspecified Value-Added Offerings:
Rapid Delivery Program
Rapid Delivery is a program that will be available after the first initial order of a 35 day
lead time. After that, the Rapid Delivery program will be in effect. This program will
guarantee all standard sizes (Small - XXLarge Jackets and 28" - 42" waist w/ 30-34"
inseam Pants) will be shipped within 5 days from the factories facility (Western Shelter
- Eugene, Oregon) via UPS Ground Delivery. All other "Custom Sizes" will be shipped
within 30 of A.R.O. (after receipt of order).
Fire Etc plans (if successful bidder) on keeping a large supply of the base garment
(jackets and pants in common sizes) in their inventory for immediate delivery. These
garments will not have any "Dept." lettering; if department lettering is required then the
Rapid Delivery Program will go into effect.
In times of an Emergency, such as major wildfires the factory will put all orders in a
"Rush" status and ship ahead of any existing orders for other customers (pending they are
not part of the same incident).
7.5 oz. Jacket
Other Value Added Options
3M Scotchlite Triple Trim added to back of Jacket
Glove Loop or Hanger
Pencil or Pen Pocket
Add $20.00
Add $1.50
Add $4.00
6.0 oz. Jacket 3M Scotchlite Triple Trim added to back of Jacket
Glove Loop or Hanger
Pencil or Pen Pocket
Add $20.00
Add $1.50
Add $4.00
9.0 oz. Jacket 3M Scotchlite Triple Trim added to back of Jacket
Glove Loop or Hanger
Pencil or Pen Pocket
Cotton Lined Sleeves (added to any of the above Jackets)
Add $20.00
Add $1.50
Add $4.00
Add $14.00
FIRE TRUCKS AND EQUIPMENT
219O MAIN ST., SAN DIEGO, CA 92113
PH. (619) 525-7276 FAX (619) 525-7288
Email sales@fire-etc.com Website www.fire-etc.com
Bidders Statement of Ability to Provide Services:
Fire Etc is a very competent company ready and willing to serve the City of Carlsbad and
Surrounding Cities in regards to the expectations involved in this contract. Located in
San Diego County (downtown area), Fire Etc is committed to giving the Fire Service the
best Customer Service of any fire equipment distributor in all of North America. Upon
successful award of this contract Fire Etc will appoint two key personnel (Bill Black - 14
years of fire equipment sales and service, and Bill Zamudio - 10 years of fire equipment
sales and service) to service the Fire Agencies purchasing through this contact. Fire Etc
also has a very competent staff working in their showroom to assist fire departments with
their walk-in needs.
Fire Etc has distributed the brand Western Shelter (manufacture of the wildland clothing
offered) for over 12 years. Together they have formed an excellent and loyal Distributor
/ Manufacture relationship. Because of this strong relationship, Fire Etc and Western
Shelter have created a "Rapid Delivery Program" for this contract. The initial order will
have a 35 day lead time, after that, the program will guarantee a 5 day lead time from the
factory on all common sizes (small - xxlarge). Fire Etc will also stock a large supply of
common sizes for immediate delivery for garments that don't require any "Dept"
lettering. In times of an Emergency, such as major wildfires the factory will put all
orders in a "Rush" status and ship ahead of any existing orders for other customers
(pending they are not part of the same incident).
Thank you for allowing Fire Etc to be part of this bid offering.
EXHIBIT "B"
SPECIFICATIONS - WILDLAND FIRE PROTECTIVE GARMENTS
PART I: GENERAL REQUIREMENTS
GENERAL
Garments built per these specifications shall be compliant to NFPA STANDARD 1977
(current edition) and shall comply with all CAL/OSHA codes and standards for forestry
firefighting protective apparel. Garments shall be certified to NFPA 1977 by a nationally
recognized laboratory. Documentation of compliance shall be provided upon request.
INSPECTION
All garments shall be inspected before acceptance by the participating agency for
workmanship, appearance and proper functioning of all components, and conformance
to all requirements of this request for bid.
WARRANTY
The manufacturer shall provide a minimum one-year warranty against defects in
materials and workmanship. A copy of the manufacturer's warranty shall be delivered
with each unit. The vendor shall be responsible for all transportation costs incurred
during the warranty period. All warranty work shall be completed and the garment
returned within ten (10) business days of receipt. The participating agency shall be
furnished a "No Charge" invoice for all work performed under warranty indicating type of
work performed and parts replaced.
DELIVERY
Delivery of orders must be received by the ordering agency within the schedule specified
in your bid, which must not exceed forty five (45) calendar days from receipt of a
purchase order. Ordering agency must receive a written or faxed notification within 5
days of receipt of order.
Time is of the essence on orders and delay in delivery will cause injury to the ordering
agency. Resulting damages cannot be calculated with any degree of certainty. The
vendor shall be subject to liquidated damages to be deducted from the contract price in
the sum of $0.50 per jacket and $0.50 per pant for each calendar day that delivery
exceeds the schedule set forth in your bid. Should the Contractor be obstructed or
delayed in the work required to be done hereunder by any act or omission of the City or
ordering agency or by strikes, an act of God, or by the inability to obtain materials or
equipment, then the time of completion shall be extended for such period as may be
agreed.
SAMPLE
The manufacture/bidder shall submit to the Purchasing Department, one (1) complete
set of wildland gear Jacket size-46, pants size- 36 waist, 30 length for evaluation prior to
the bid due date.
Sample garments may be dismantled during the evaluation process. As the authority
having jurisdiction, the City of Carlsbad after evaluation, inspection and/or testing,
reserves the right to determine compliance with all provisions of this bid.
SIZING
Sizing of garments built to this specification shall be compliant with NFPA 1977, except
as described in the Protective Pant section.
MATERIAL
Garment shall be constructed using 7.5 oz yellow Nomex.
PART II: WILDLAND FIRE PROTECTIVE JACKET
JACKET DESIGN
The design or cut of the jacket shall be designed to allow full freedom of movement in all
aspects, especially in arm movement. It shall be designed to minimize coat rise and
sleeve retraction when the arms are raised above the head. Binding or bunching of
material under the arm will not be accepted.
COLLAR
The collar shall be no more then 3" tall when in the raised position. The collar closure
shall be designed to provide a positive closure without excessive material. "Turnout"
style throat tabs will not be accepted. A hanger loop made of outer shell material should
be provided and attached at the collar line on the inside of the garment at the center of
the back.
SLEEVE CONSTRUCTION
Sleeves shall be full-cut for freedom of movement. Jacket sleeve shall have a pull tab
type closure at the end of the sleeve, which will allow for complete closure around the
wearer's wrist
ZIPPER
#10 Heavy Duty brass locking type, on Nomex tape. Preferred zipper placement shall
extend from the top of the collar to the bottom of the jacket. The zipper shall be covered
under the leading edge of the left side body panel. This leading edge shall be secured to
the body of the jacket using a maximum of %" wide flame resistant hook and pile tape.
TRIM
A circumference band of 2" 3M brand "Triple Trim" (lime yellow/silver) shall be located
on the end of each sleeve, approximately 4" up from the cuff. A 2" band shall also
encircle the bottom of the coat directly above the hem line.
REFLECTIVE LETTERING
As a means of identification, 3" tall yellow reflective lettering with up to seven (7) letters
of the participating users choice shall be provided on the upper back of the jacket
JACKET POCKETS
Jacket shall have two "semi bellows" type pockets approximately 2"X10"x10" The bottom
of each pocket shall be positioned along the hem line of the jacket. The "semi bellows"
shall be sewn tight at the leading edge of the pocket and expand 2" at the trailing end of
the pocket. The bottom 1/2 of each pocket should be lined on the inside on all 4 sides to
provide additional abrasion protection. Drain eyelets should be installed in pockets to
allow for drainage
Pockets should have a two layer pocket flap 1/4" wider on each side of the pocket. The
pocket flaps should be closed by means of flame resistant hook and pile fastener tape
orientated appropriately to provide complete closure when the pocket is fully expanded
RADIO POCKET
Jacket shall have one (1) radio pocket on left breast. Pocket shall measure 7" long by 3"
wide and 2" deep, (finished size) with a two layer flap. Pocket should have a two layer
pocket flap 1/4" wider on each side of the pocket. The pocket flaps should be closed by
means of flame resistant hook and pile fastener tape orientated appropriately to provide
complete closure when the pocket is fully expanded. A 1" wide by 2" long microphone
clip shall be placed approximately 2" directly above the radio pocket
PART III: WILDLAND FIRE PROTECTIVE PANTS
DESIGN
The pant should be designed to provide freedom of movement throughout all ranges of
motion, avoid excessive material and fabric bunching in the crotch area and allow ease
of donning and doffing. The seams in the crotch area shall be reinforced with Kevlar
fabric tape to help prevent seam failure.
Top of pant should incorporate a 2" finished wide cotton elastic completely sealed in
outer shell material. The pants should include 5 five belt loops of same material.
The fly closure should allow for maximum protection and ease of use. If a zipper is used,
it shall be a #10 size and be covered by a flap of outer shell material, which in turn will
be secured with fire resistant hook and pile tape not more than %" wide
Pant cuff should be two layers in thickness. Pants should have a #10 size zipper closure
on the bottom edge of pant leg 12" - 14" long with bellows. Zipper should have a
minimum of 1" overlap of two layer outer shell material on the front flap (leading edge) of
the leg to completely cover the length of the zipper.
The bottom edge of pant cuff should have a means of providing complete closure around
the wears' leg. This closure should consist of metal snaps appropriately placed along the
pant cuff.
PASS THROUGH ACCESS
The pant design should incorporate the ability to access the wearer's uniform pant
pockets, without having to open the fly. The pass through access shall be 6" long to
accommodate a large hand and utilize a zipper closure, which shall have an overlap of
outer shell material covering the zipper (#5).
SIZING
The pants shall be available in 2-inch increments using numerical rather than alpha
sizing, with the first sizing number referring to the waist in inches, and the second being
the inseam in inches (e.g. 32/30). The waist size shall be achieved when the elastic
band is stretched by 1 inch, so as to provide a more accurate fit while allowing room for
growth. The waist-to-crotch length (crotch rise) shall be such that freedom of movement
is not restricted by excess length in that area (See attached Sizing Chart).
Special sizing shall be available on request for those requiring additional room in the
seat or thighs (i.e. "athletic cut").
TRIM
A circumference band of 2" 3M brand "Triple Trim" (lime yellow/silver) shall be located
above the bottom edge of the pant leg.
PANT POCKETS
Pants should incorporate at least one (1) rear patch type pocket, preferably on the right
side, with a two-layer flap. Pocket closure should consist of hook and hook tape.
Two (2) 2"X8"X8" "semi bellows" type pockets should be provided on the outside thigh
area. The "semi bellows" shall be sewn tight at the leading edge of the pocket and
expand 2" at the trailing end of the pocket.
The bottom 1/2 of each pocket should be lined on the inside on all 4 sides to provide
additional abrasion protection. Drain eyelets should be installed in pockets to allow for
drainage
Pockets should have a two layer pocket flap 1/4" wider on each side of the pocket. The
pocket flaps should be closed by means of flame resistant hook and pile fastener tape
orientated appropriately to provide complete closure when the pocket is fully expanded
KNEE PADS
An appropriately sized and placed knee pad consisting of one additional layer of outer
shell material should be incorporated to provide additional abrasion resistance in the
knee area.
Minimum Sizing Requirements - Lower Torso Garments
A
B
C
D
E
F
G
H
Garment Size
Waist
Seat
Thigh
Knee
Cuffs
Front rise
Back rise
Inseam
26
26
37
25
17
1/2
17
11
1/8
16
5/8
28
28
39
26
181/4
18
11 7/16
16 5/16
30
30
41
27
19
18
1/2
11
3/4-
17
1/4
32
32
43
28
193/4
19
121/6
17 9/16
34
34
45
29
201/2
191/2
12 5/16
177/8
36
36
47
30
21 1/4
20
125/8
18 3/16
38
38
49
31
22
201/2
1215/16
181/2
40
40
51
32
223/4
21
131/4
1813/16
???????
2
2
1
3/4
1/2
5/16
5/16
Shall be cut to order or provided in 2" increments between 28 and 36 inches
EXHIBIT "C"
CITY OF CARLSBAD
GENERAL PROVISIONS
PLEASE READ CAREFULLY
THESE PROVISIONS ARE A PART OF YOUR BID AND ANY CONTRACT
Pursuant to the Notice to Bidders advertised in the official City newspaper, the specifications,
bidding instructions and requirements on file with the City, the conditions of these General
Provisions, and subject to all provisions of the Ordinances of the City of Carlsbad, the Bidder
proposes to furnish to the City of Carlsbad, complete at the prices stated in the bid document, the
items or services described in the bid document. The person signing the bid warrants that the bid
is genuine and not sham or collusive, or made in the interest of, or on behalf of, any person, firm
or corporation not named in the bid document; that the Bidder has not directly or indirectly induced
or solicited any other Bidder to submit a sham bid, or any other person, firm or corporation to
refrain from bidding, and that the Bidder has not, in any manner, sought by collusion to secure any
advantage over other bidders.
In submitting this proposal, the Bidder agrees that:
A. Bidder has carefully examined the specifications and all provisions relating to the
items to be furnished, or the work to be done, attached and incorporated into the
proposal and understands the meaning, intent and requirements of them, and agrees
to the same.
B. Bidder will, for the prices quoted, enter into a written contract and furnish the item(s)
or complete the work in the time specified, and in strict conformity with the City of
Carlsbad specifications for the item(s) or work.
1. FORMS
The Purchasing Officer will furnish forms and specifications for all proposals and no bids will
receive consideration unless made upon forms so furnished. BIDS MUST BE SUBMITTED
IN A SEALED ENVELOPE WITH BID NUMBER ON THE OUTSIDE. COMPLETE WITH
THE SPECIFICATIONS AS FURNISHED AND DELIVERED TO CITY OF CARLSBAD
PURCHASING DEPARTMENT OR DEPOSITED IN THE BID BOX AT 1635 FARADAY
AVENUE. CARLSBAD CA 92008-7314. PRIOR TO THE TIME SET FOR OPENING.
2. PRICES
All prices and notations must be in ink or typewritten. Mistakes may be crossed out and
corrections typed or written with ink next to them. Such modifications must be initialed in ink
by the person signing the bid.
Bids shall indicate the unit price extended to indicate the total price for each item bid. Any
difference between the unit price correctly extended and the total price shown for all items bid
shall be resolved in favor of the unit price, except when the Bidder clearly indicates that the
total price for all items bid is based on consideration of being awarded the entire lot, and that
an adjustment of the total price is being made in consideration of receiving the entire bid.
3/05
3. GUARANTEE OF GOOD FAITH (As required on Proposal Form)
Cash, uncertified personal and company checks and certificates of deposit are not
acceptable as a guarantee of good faith. Each proposal must be accompanied by an
unconditional certified check, or a bank or postal money order, or bid bond executed as
surety by a corporation authorized to issue surety bonds in the State of California. Such
check, money order or bond shall be made payable to the City of Carlsbad and shall be in the
amount specified on the Proposal Form. If the Bidder fails to execute the contract within ten
(10) days from the date of the City's mailing of notice that the contract is ready for signature,
the City will either award the contract to the next lowest Bidder or will reject all other bids and
call for new bids. The Bidder who has failed to so execute the contract shall be liable to the
City for the sum-not exceeding the amount of the check, money order or bond, by which the
amount of the contract covering the proposal, executed by and between the City and a third
party, may exceed the amount bid by the original successful Bidder. Such portion of check,
money order or bond as equals the sum shall be declared forfeited to the City of Carlsbad
and shall be collected and paid to the City. The Bidder may also be subject to debarment or
suspension.
IMPORTANT: Failure to furnish a proper guarantee of good faith with the bid when such is
required will automatically void the bid.
4. ITEMS OFFERED
If the item offered has a trade name, brand and/or catalog number, such shall be stated in
the bid. If the Bidder proposes to furnish an item of a different manufacturer or vendor other
than that mentioned in the bid specifications, Bidder must specify maker, brand, quality,
catalog number, or other trade designation. Unless such is noted on the bid form, it will be
deemed that the item offered is that designated in the bid specifications even though the bid
may state "or equal".
5. SAMPLES
Samples, when required, shall be furnished prior to bid closing date and time, or within time
specified in the bid. The City reserves the right to reject bids submitted without the required
samples, or to require samples for alternate bids or items offered as "equals". Samples of
items, when required, must be furnished free of expense to the City. If they are not destroyed
by tests, samples will, upon request, be returned at the bidder's expense.
6. ALTERNATIVE PROPOSALS
To be responsive to the bid, Bidder must submit a proposal that meets all specific bid
requirements. Bidder may propose "equals" as provided for in accordance with Item 8 of
these General Provisions. Once Bidder has proposed a product which is responsive to the
specification, Bidder may thereafter include with the bid any additional proposals or
alternative products that are not "equals" but that Bidder believes can or may meet or exceed
City's requirements, and which offer City additional advantages or benefits based on the state
of the art that were not, or could not, be contemplated by City when the requirements were
prepared. The City reserves the right to evaluate and accept or reject such alternatives, as
though they were part of the original specifications, without advertising for further bids, or to
re-advertise based on such proposed state of the art alternatives when in the best interests of
the City. Any awards so made will be based on cost analysis considerations that result in the
optimum economic advantage to the City. ,
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7. EXPIRATION OF BID
All bids shall be considered as firm for a period of ninety (90) calendar days, commencing the
day following the date of bid closing and expiring at midnight of the last day, unless otherwise
stated in the body of the solicitation. The Bidder may specify a date that the bid expires,
provided the date is specific and is entered on the Proposal or Request for Bid form.
8. BRAND NAME
Whenever reference to a specific brand name is made in this Request for Bid, it is illustrative
and to be construed as a specification which describes a component that has been tested or
evaluated by the City as best meeting the specific operational, design, performance,
maintenance, quality or reliability standards and requirements of the City, thereby
incorporating these requirements by reference within the specification. An equivalent or
"equal" may be offered by the Bidder, subject to testing and evaluation at the option of the
City or prior to and after the award of bid. The City reserves the sole right to reject a
substituted component that will not fulfill requirements. It shall be the sole responsibility of the
Bidder to provide at Bidder's expense any product information, test data, and other
information or documents the City may require to fully evaluate or demonstrate the
acceptability of the offered substitute. Where appropriate, independent testing or evaluation
at qualified test facilities, at Bidder's expense, including destructive testing, may be required
as a condition of acceptance.
9. VERIFY BID PRICES
Bidders must verify their price quotations prior to bid submission, as withdrawal or correction
may not be permitted after the bid has been opened.
10. DELIVERY
A. Bidder shall state delivery terms on the Proposal Form unless already specified, in
which case delivery shall be made within the time set forth. Where time is stated in a
number of days, it shall include Saturdays, Sundays and holidays. Delivery is part of
the consideration and must be adhered to as specified.
B. Bidder will not be held liable for failure to make delivery because of strikes,
conscription of property, governmental regulations, acts of God, or any other cause
beyond the bidder's reasonable control; provided a written extension of time is
obtained from the City Manager.
C. All prices shall be F.O.B. destination. Bids other than F.O.B. destination shall be
considered non-responsive and will be rejected. Prices shall include all freight,
delivery and set-up charges.
11. FIRM PRICES AND PRICE ADJUSTMENT
Prices on bid shall be firm prices not subject to escalation. In the event the specifications
provide for escalation, the maximum limit shall be shown, or the bid shall not be considered.
In the event of a decline in market price(s) below the price(s) bid, the City of Carlsbad shall
receive the benefit of such decline.
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Manufacturer's general price increases to the trade or industry may be passed on to the
City. Prices bid must be firm for the first ninety (90) days on an annual agreement; with a
thirty (30) day notification of any price increases thereafter. If any price increase occurs,
there will be a one (1) week, or one time, order protection provided at the last effective price.
All price increases or notices must be in writing from not only the vendor but also the
manufacturer. The City reserves the right NOT to accept the request.
12. TAXES
Each bidder shall include all applicable sales taxes as a separate item in their bid. The
amount of local city sales tax included in any bid submitted by a local (Carlsbad) vendor
shall be credited by the City against said bid. The City is exempt from Federal Excise Tax.
13. MODIFICATION OR WITHDRAWAL OF BIDS
Bids may be modified or withdrawn by written notice received prior to the exact hour and
date specified for receipt of bid. A bid may also be withdrawn in person by a Bidder, or the
Bidder's authorized representative, prior to the exact hour and date set for receipt of bids.
14. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS
Bids, modifications of bids, or withdrawals received at the office designated in the
solicitation, after the exact hour and date specified for receipt, will not be considered. They
will be rejected as a late bid and will be returned to bidder unopened.
15. NO BIDS
If no bid is to be submitted, the bid should be marked "NO BID" and reason stated on the
Proposal Form, which should be returned in order to maintain the Bidder's name in City's
vendor file for further solicitations. A letter or postcard may be submitted instead a blank
proposal form. If a Bidder fails to respond to two Requests to Bid without returning a "NO
BID" response, the Purchasing Officer reserves the right to delete the Bidder from the
vendor file for future solicitation.
16. CONFIDENTIAL INFORMATION
Any information deemed confidential or proprietary should be clearly identified by the Bidder
as such. It will be protected and treated with confidentiality only to the extent permitted by
California state law considering public information. Otherwise the information shall be
considered a public record. Any data to be returned should be so marked and will be
returned if not essential to the bid or contract record.
17. SIGNATURE
All bids must be signed, with the firm named as indicated. A bid by a corporation must be
signed by a duly authorized officer, employee or agent, with his or her title. Obligations
assumed by such signature must be fulfilled.
18. QUALITY
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Unless otherwise required in the specifications, all goods furnished shall be NEW and
UNUSED and the BEST OF THEIR KIND.
19. LITIGATION WARRANTY
The Bidder, by bidding, warrants that Bidder is not currently involved in litigation, arbitration,
or an administrative proceeding concerning the materials, or Bidder's performance,
concerning the same or similar material to be supplied pursuant to this contract or
specification, and that no judgments, awards or administrative determinations have been
made against Bidder, on the basis of Bidder's performance in supplying or installing the
same or similar material, unless such fact is disclosed to the City in the bid. Disclosure will
not disqualify the Bidder. The City reserves the right to evaluate bids, on the basis of the
facts surrounding such litigation, arbitration, or administrative proceeding and to require
Bidder to furnish the City with a surety bond executed by a surety company authorized to do
business in the State of California and approved by the City of Carlsbad, in a sum equal to
one hundred percent (100%) of the contract price, conditional on the faithful performance by
Bidder of the contract, in the event the bid is awarded to Bidder, notwithstanding the
litigation, arbitration, or administrative proceeding.
20. ROYALTIES, LICENSES AND PATENTS
Unless otherwise specified, the Bidder shall pay all royalties, license and patent fees. The
Bidder warrants that the materials to be supplied do not infringe any patent, trademark or
copyright, and further agrees to defend any and all suits, actions and claims for infringement
that are brought against the City, and to defend, indemnify and hold harmless the City from
all loss or damages whether general, exemplary or punitive, as a result of any actual or
claimed infringement asserted against the City, the Bidder, or those furnishing material to
Bidder pursuant to this contract.
21. PERFORMANCE STANDARDS
Performance of work, and acceptability of equipment or materials supplied, pursuant to any
contract or award, shall be to the satisfaction of the City.
22. WARRANTIES
A. All material, labor or equipment provided under the contract shall be warranted by
Bidder, and/or manufacturer, for at least twelve (12) months after final acceptance by
City, except automotive equipment which will be warranted for a minimum 12,000
miles or 12 months, whichever occurs first. Greater warranty protection will be
accepted. Lesser warranty protection must be indicated by Bidder on the bid proposal
as an exception.
B. Bidder shall be considered primarily responsible to the City for all warranty service,
parts and labor applicable to the goods or equipment provided by Bidder under this bid
or award, irrespective of whether Bidder is an agent, broker, fabricator or
manufacturer's dealer. Bidder shall be responsible for ensuring that warranty work is
performed at a local agency or facility convenient to City and that services, parts and
labor are available and provided to meet City's schedules and deadlines. City may
require Bidder to post a performance bond after contract award to guarantee
performance of these obligations. Bidder may establish a service contract with a local
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agency satisfactory to City, to meet this obligation if Bidder does not ordinarily provide
warranty service.
23. ADDENDA
The effect of all addenda to the bid documents shall be considered in the bid, and said
addenda shall be made part of the bid documents and shall be returned with them. Before
submitting a bid, each Bidder shall ascertain whether or not any addenda have been issued,
and failure to cover in this bid any such addenda issued, may render the bid invalid and
result in its rejection.
24. SPECIFICATIONS TO PREVAIL
The detailed requirements of the specifications shall supersede any specific requirement of
these General Provisions which are in conflict therewith. The City reserves the right of being
sole judge of bid meeting specifications. Requests for interpretation of bid specifications
shall be made in writing to the Purchasing Officer at least five days prior to the date of the
bid opening.
25. FAITHFUL PERFORMANCE BOND
The successful Bidder may be required to furnish the City with security for the faithful
performance of the contract, in a sum up to One Hundred Percent (100%) of the amount of
the contract price. This security may take the form of a bond executed by a surety company
authorized to do business in the State of California and approved by the City or Carlsbad, or
a money order or certified check drawn on a solvent bank. Such bond or deposit shall be
forfeited to the City in the event the Bidder fails or refused to fulfill the requirements and all
terms and conditions of the contract.
26. AWARD OF CONTRACT
A. Bids will be analyzed and the award will be based on the best value to the City. The
decision will be based on objective and other predetermined criteria as set forth in the
Invitation to Bid. Factors to be considered include, but are not limited to: cost,
conformance to the solicitation, supplier's qualifications, past performance, customer
service and warranties.
B. The City reserves the right to perform a pre-award survey of the bidder to determine
capability to perform, including but not limited to, facilities, financial responsibility,
materials/supplies, and past performance. The determination of the City as to the
bidder's prospective ability to perform the contract shall be conclusive.
C. The City reserves the right to reject any item or items therein; to waive informalities,
technical defects and minor irregularities in bids received; and to select the bid(s)
deemed most advantageous to the City. The City will however consider bids submitted
on an "all or nothing" basis if the bid is clearly designated as such.
D. The City reserves the right to award one or more contracts on the bids submitted,
whether by award of all items to one Bidder, or by award of separate items or groups of
items to various Bidders, as the interests of the City may require, unless the Bidder
clearly specifies otherwise in his bid.
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E. Upon acceptance by the City of Carlsbad, the solicitation, bid, proposal, or price
quotation, and a purchase order issued to the successful Bidder within the time
specified, shall be deemed to result in a binding contract without further action required
by either party. Items are to be furnished as described in the bid and in strict conformity
with all instructions, conditions; specifications and drawings contained in the complete
contract.
27. DOCUMENTATION
Due to the time constraints that affect contract performance, all required documents,
certificates of insurance and bonds or deposits shall be provided to the City (Attention:
Purchasing Department) within ten (10) days following award, or date of request, by City,
whichever is later. Any failure to comply may result in bid being declared non-responsive
and rejected, and/or at City's option the bid bond will be attached for damages suffered.
28. PURCHASE ORDERS
All goods and services will be ordered by means of a Purchase Order. (THE CITY WILL
NOT BE RESPONSIBLE FOR ARTICLES OR SERVICES FURNISHED WITHOUT A
PURCHASE ORDER.)
29. SELLER'S INVOICE
Invoices shall be prepared and submitted in duplicate to: Accounts Payable, City of
Carlsbad, 1635 Faraday Avenue, Carlsbad, CA 92008-7314. Separate invoices are required
for each Purchase Order. Invoices shall contain the following information: Purchase Order
number, item number, description of supplies or services, sizes, units of measure,
quantities, unit prices and extended totals.
30. INSPECTION AND ACCEPTANCE
Inspection and final acceptance will be at destination unless specified otherwise, and will be
made by the City department shown in the "Ship To:" address or other duly authorized
representative of the City. Until delivery and final acceptance, and after any rejection, risk of
loss will be on the Bidder, unless loss results from the sole negligence of the City.
31. LOST AND DAMAGED SHIPMENTS
Risk of loss or damage to items prior to the time of their receipt and final acceptance by the
City is upon the Bidder. The City has no obligation to accept damaged shipments and
reserves the right to return, at the Bidder's expense, damaged merchandise even if the
damage was not apparent or discovered until after receipt of the items.
32. LATE SHIPMENTS
Bidder is responsible to notify the City department receiving the items and the Purchasing
Officer, of any late or delayed shipments. The City reserves the right to cancel all or any part
of an order if the shipment is not made as promised.
33. COMPLIANCE WITH INDUSTRIAL SAFETY CODES
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All equipment, instruction manuals, spare parts and other items furnished shall, where
applicable, conform with the Safety Orders of the California Division of Industrial Safety.
Material Safety Data Sheets (MSDS) shall be supplied, for each applicable item, with the
initial order. All containers shall be labeled per OSHA specifications.
34. WAIVER
The failure of the City to enforce a particular condition or provision of any contract awarded
hereunder shall not constitute a waiver of that provision or condition or its enforceability by
the City.
35. CONSEQUENCES OF VIOLATIONS OF LAW REGARDING ANTI-COMPETITIVE
BUSINESS PRACTICES OR UNFAIR TRADE PRACTICES
Any acts or omissions of Bidder in violation of federal, state or municipal law, or City policies
and regulations regarding anti-competitive practices, unfair trade practices, collusion,
contingent fees, gratuities, kickbacks, contemporaneous employment or similar violations
creating an unfair influence on the public bidding and award process, pertaining to this
contract or proposal, may void this contract. In addition to all other remedies or damages
allowed by law, Bidder shall be liable to City for all damages City thereby suffers or incurs,
including costs for substitute performance, and may also be subject to debarment.
36. CONFLICT OF INTEREST
No employee, or member of the employee's immediate family, or elected or appointed
member of City government, may participate directly or indirectly in the procurement process
pertaining to this bid, if they:
A. Have a financial interest, or other personal interest, which is incompatible with the
proper discharge of their official duties in the public interest, or would tend to impair
their independence, judgment or action in the performance of their official duties.
B. Are negotiating for, or have an arrangement concerning, prospective employment with
Bidder.
The Bidder warrants to the best of his knowledge that the submission of the bid will not
create such conflict of interest. In the event such a conflict occurs, the Bidder is to report it
immediately to the Purchasing Officer. For breach or violation of this warranty, the City shall
have the right to annul this contract, at its discretion, without liability. Bidder may also be
subject to damages and/or debarment or suspension.
37. CITY PROVISIONS TO PREVAIL
Except as specified in the specifications, the City's standard General Provisions shall govern
any contract award. Any standard terms and conditions of Bidder, submitted by Bidder, shall
not be acceptable to City unless expressly assented to by City by separate documents. The
City reserves the right to reject Bidder's bid as non-responsive, to consider the bid without
Bidder's standard terms and conditions, or to require Bidder to delete reference to such, as
a condition of evaluation or award of the bid. If, after award of contract, Bidder (contract
vendor) shall provide materials, or services, accompanied by new or additional standard
terms or conditions, they too shall be considered void, and City may require deletion thereof
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as a further condition of performance by vendor. To the extent not otherwise provided for by
the contract documents, the California Commercial Code shall apply.
38. AMENDMENTS AND MODIFICATIONS
The Purchasing Officer may at any time, by a written order, and without notice to the
sureties, make a modification to the contract or an amendment to the Purchase Order,
within the general scope of this contract, in (1) drawings, designs, or specifications, where
the supplies to be furnished are to be specially manufactured for the City in accordance
therewith; (2) method of shipment or packing; and (3) place of delivery. If any such change
causes an increase or decrease in the cost of, or the time required for, performance of this
contract, whether changed or not changed by any such order, an equitable adjustment shall
be made by written modification of the contract or amendment to the Purchase Order. Any
claim by the Bidder for adjustment under this clause must be asserted within 30 days from
the date of receipt by the Bidder of the notification; provided that, if Purchasing Officer
decides that the facts justify such action, the Purchasing Officer may receive and act upon
any such claim, if asserted prior to final payment under this contract. Failure to agree to any
adjustment shall be a dispute, concerning a question of fact, within the meaning of the
clause of these provisions entitled "Disputes". However, nothing in this clause shall excuse
the Bidder from proceeding with the contract as changed.
39. DISPUTES
Except as otherwise provided in this contract, any dispute concerning a question of fact
arising under this contract, which is not disposed of by agreement, shall be decided by the
Purchasing Officer, who shall reduce this decision to writing or mail or otherwise furnish a
copy thereof to the Bidder. The decision of the Purchasing Officer shall be final and
conclusive unless, within 30 days from the date of receipt of such copy, the Bidder mails or
otherwise furnishes to the Purchasing Officer a written appeal addressed to the City
Manager. The decision of the City Manager, or his duly authorized representative for the
determination of such appeals, shall be final and conclusive. In connection with any appeal
proceeding under this clause, the Bidder shall be afforded an opportunity to be heard and to
offer evidence in support of the Bidder's appeal. Pending final decision of a dispute
hereunder, the Bidder shall proceed diligently with the performance of the contract, and in
accordance with the Purchasing Officer's decision.
40. TERMINATION FOR DEFAULT
A. The City of Carlsbad, California, hereafter referred to as the City may by written notice
of default to the Bidder (subject to the provisions of paragraph (C) below) terminate the
whole or any part of this contract, in any one of the two following circumstances:
1. If the Bidder fails to make delivery of the supplies or to perform the services,
within the time specified herein, or any extension thereof; or
2. If the Bidder fails to perform any of the other provisions of this contract, or so
fails to make progress to endanger performance of this contract in accordance
with its terms, and in either of these two circumstances does not cure such
failure within a period of ten (10) days after receipt of notice from the
Purchasing Officer specifying such failure.
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B. In the event the City terminates this contract, in whole or in part, as provided in
paragraph (A) of this clause, the City may procure, upon such terms and in such
manner as the Purchasing Officer may deem appropriate, supplies or services similar
to those so terminated, and the Bidder shall be liable to the City for any excess costs
for such similar supplies or services; provided, that the Bidder shall continue the
performance of this contract to the extent not terminated under the provisions of this
clause.
C. The Bidder shall not be liable for any excess costs, if the failure to perform the contract
arises out of causes beyond the control and without the fault or negligence of the
Bidder. Such causes may include, but are not restricted to, acts of God or of the public
enemy, acts of the City in either its sovereign or contractual capacity, fires, floods,
epidemics, quarantine restriction, strikes, freight embargoes, and unusually severe
weather; but in every case the failure to perform must be beyond the control and
without the fault or negligence of the Bidder.
D. If, after notice of termination of this contract under the provisions of this clause, it is
determined for any reason that the Bidder was not in default under the provisions of
this clause, or that the default was excusable under the provisions of this clause, the
rights and obligations of the Bidder shall be the same as if notice of termination for
convenience had been issued pursuant to such clause.
41. TERMINATION FOR CONVENIENCE
The Purchasing Officer, by written notice, may terminate this contract, in whole or in part,
when it is in the best interest of the City. If this contract is for supplies and is so terminated,
the Bidder shall be compensated in accordance with his auditable costs to point of
Notification of Termination. To the extent that this contract is for services and is so
terminated, the City shall be liable only for payment in accordance with the payment
provisions of this contract, for the actual services rendered to the effective date of
termination.
42. LABOR PRACTICES
The Bidder shall comply with all Federal and State Laws, and City Ordinances where
applicable, relating to fair labor practices and discrimination in the employment of persons.
43. INSURANCE
Unless otherwise provided, Bidder shall cause City to be named as an additional insured on
liability and/or products liability insurance concerning Bidder's performance, products, or
equipment in amounts, scope and duration as may be required by the Purchasing Officer.
Bidder shall provide evidence of Workers' Compensation Insurance covering all employees.
44. LIABILITY AND INDEMNIFICATION
Bidder agrees to defend, indemnify, protect and hold City, and its agents, officers and
employees, harmless from and against any and all claims asserted, or liability established
for damages or injuries to any person or property, including injury to Bidder's employees,
agents or officers which arise from or are connected with, or are caused or claimed to be
caused by the acts or omissions of Bidder, and its agents, officers or employees, in
performing the work or services or supplying the materials or equipment herein, and all
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expenses of investigating and defending against same; provided, however, that Bidder's
duty to indemnify and hold harmless shall not include any claims or liability arising from the
established sole negligence or willful misconduct of the City, its agents, officers or
employees. This shall not prejudice the right of the City to appear in such suit, participate in
the defense, and take such actions as may be necessary to protect the interests of the City.
45. EQUAL OPPORTUNITY POLICY
The City of Carlsbad will not discriminate with regard to race, religious creed, color, national
origin, ancestry, disability, marital status, veteran's status, sex, or sexual orientation or age
in the award of contracts.
46. ANNUAL APPROPRIATION OF FUNDS
Multi-year term supply and service contracts and leases are subject to annual appropriation
of funds by the City Council. Payments made under term contracts and leases are
considered items of current expense. Purchase Orders are funded when issued, therefore
are current expense items and are not subject to any subsequent appropriation of funds.
In the event sufficient funds are not appropriated for the payment of lease payments, or
anticipated term contract payments, required to be paid in the next occurring lease or
contract term, and if no funds are legally available from other sources, the lease or contract
may be terminated at the end of the original term or renewal term and the City shall not be
obligated to make further payments beyond the then current original or renewal term. The
City will provide notice of its inability to continue the lease or contract at such time as the
Purchasing Officer is aware of the non-appropriation of funds. However, failure to notify
does not renew the term of the lease or contract. If a lease is canceled, the events of default
will occur as described in the lease and/or Item 40 of these General Provisions. The City has
no monetary obligation in event of termination or reduction of a term contract, since such
contracts represent estimated quantities and are not funded as a contract except to the
extent of the Purchase Orders already issued.
47. TEN PERCENT (10%) RETENTION
The City reserves the right to withhold a ten percent (10%) retention on all Purchase orders
until the supplies, services or equipment have been accepted.
48. QUANTITIES
Estimated quantities are given as a basis for comparison of bids. The City does not,
expressly or by implications, agree that the actual quantities will be purchased.
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