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HomeMy WebLinkAbout2021-03-16; City Council; Resolution 2021-060RESOLUTION NO. 2021-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF AN AGREEMENT WITH EMERGENCY VEHICLE SYSTEMS, LLC FOR POLICE VEHICLE OUTFITTING SERVICES IN AN AMOUNT NOT TO EXCEED $378,724 FOR THE FIRST AGREEMENT YEAR OF A THREE-YEAR AGREEMENT WHEREAS, the city requires outfitting of approximately 20 police vehicles annually; and WHEREAS, on Jan. 6, 2021, a Request for Proposals was issued and made available with public notice in accordance with Carlsbad Municipal Code (CMC) Sections 3.28.050 (C) and 3.28.060 (D) ; and WHEREAS, on Jan. 29, 2021, the city received proposals from seven vendors for the requested outfitting of police vehicle; and WHEREAS, a committee consisting of Public Works and Police Department staff reviewed and rated the proposals based on best value criteria determined and distributed to potential bidders prior to submission of proposals in accordance with CMC Section 3.28.050 (D)(2); and WHEREAS, the evaluation committee determined the proposal submitted by Emergency Vehicle Systems, LLC offered the best value to the city; and WHEREAS, the dollar amounts paid for the second and third agreement years following the initial one-year term shall not exceed $386,298 and $394,024 respectively, for a total not-to-exceed amount of $1,159,046 over three years; and WHEREAS, sufficient funding is currently available in the Vehicle Replacement Fund for the first agreement year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the Mayor is authorized and directed to execute the Agreement between Emergency Vehicle Systems, LLC and the City of Carlsbad for police vehicle outfitting services, in an amount not to exceed $378,724 for an initial one-year term, attached hereto as Attachment A. 3.That the City Manager or designee has authority to execute agreement extensions for subsequent agreement years, with pricing not to exceed 2% for each additional March 16, 2021 Item #9 Page 4 of 28 agreement year, if agreed to by both parties, with a total possible contract value amount not to exceed $1,159,046. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of March, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor BARBARA ENGLESON, City Clec-k (SEAL) March 16, 2021 Item #9 Page 5 of 28 DocuSign Envelope ID: 8C9588E4-8E5C-4413B-99F8-2CABD698749B PSA21-1414FLT AGREEMENT FOR MULTI-YEAR POLICE PATROL OUTFITTING SERVICES EMERGENCY VEHICLE SYSTEMS, LLC THIS AGREEMENT is made and entered into as of the 16th day of March , 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and Emergency Vehicle Systems, LLC, a limited liability company, ("Contractor"). RECITALS A.City requires the professional services of a consultant that is experienced in outfitting/fabrication. B.Contractor has the necessary experience in providing professional services and advice related to outfitting/fabrication. C.Contractor has submitted a proposal to City under RFP21-1364FLT and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed three hundred seventy-eight thousand seven hundred twenty-four dollars ($378,724). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, price shall not increase greater than 2% per agreement year. Total compensation under this Agreement shall not exceed one million one hundred fifty-nine thousand forty-six dollars ($1,159,046). The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 1 March 16, 2021 Item #9 Page 6 of 28 March 16, 2021 Item #9 Page 7 of 28 March 16, 2021 Item #9 Page 8 of 28 March 16, 2021 Item #9 Page 9 of 28 March 16, 2021 Item #9 Page 10 of 28 March 16, 2021 Item #9 Page 11 of 28 DocuSign Envelope ID: 8C9588E4-8E5C-445E3-99F8-2CABD698749B PSA21-1414FLT 26. AUTHORITY The individuals executing this Agreement and Contractor each represent and warrant that they to bind Contractor to the terms and conditions of the instruments referenced in it on behalf of have the legal power, right and actual authority this Agreement. CONTRACTOR EMERGENCY VEHICLE SYSTEMS, LLC, a limited liability company By: CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) Danielle Sickels, Member (print name/title) Matt Hall, Mayor ATTEST: By: tvaw r41,191-v 711-Za- Z)g-NaA. (sign here) here) Evan Sickels, Member (print name/title) for Barbara Engleson, City Clerk 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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: CELIA A. BREWER, City Attorney BY: Assistant City Attorney City Attorney Approved Version 6/12/18 7 March 16, 2021 Item #9 Page 12 of 28 March 16, 2021 Item #9 Page 13 of 28 March 16, 2021 Item #9 Page 14 of 28 March 16, 2021 Item #9 Page 15 of 28 March 16, 2021 Item #9 Page 16 of 28 March 16, 2021 Item #9 Page 17 of 28 March 16, 2021 Item #9 Page 18 of 28 March 16, 2021 Item #9 Page 19 of 28 March 16, 2021 Item #9 Page 20 of 28 March 16, 2021 Item #9 Page 21 of 28 March 16, 2021 Item #9 Page 22 of 28 March 16, 2021 Item #9 Page 23 of 28 March 16, 2021 Item #9 Page 24 of 28 March 16, 2021 Item #9 Page 25 of 28 March 16, 2021 Item #9 Page 26 of 28 March 16, 2021 Item #9 Page 27 of 28 March 16, 2021 Item #9 Page 28 of 28